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HomeMy WebLinkAboutAdjustment - 2009-08-18COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 18, 2009 MEMBERS PRESENT: Ms. C. Balcerczyk and Messrs D. Cybalski & B. McColl 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 9:41 a.m. MINUTES Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment, of July 21, 2009, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS 1. Submission Nos.: A 2009-042 Applicant: Ray of Hope & Cango (Kitchener) Property Location: 432 Charles Street East & 851 King Street East Legal Description: Part Lots 1-4, Plan 404, and Part Lot 206, Streets and Lanes, being Part 1, Reference Plan 58R-2149, subject to easements over Parts 1 & 2, Reference Plan 58R-7026,and, Part Lots 2 & 3, Plan 404 and Part Lot 206, Streets & Lanes, being Part 1, Reference Plan 58R-4622 Appearances: In Support: R. Steckley Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to provide 96 parking spaces for an office building having a gross floor area of 3,836 sq. m. (41,292 sq. ft.) rather than the required 137 parking spaces. The Committee considered the report of the Development and Technical Services Department, dated August 14, 2009, advising that Ray of Hope has submitted a site plan application for an office building and a residential care facility building (Site Plan Application SP07/34/C/KA). In order to facilitate the site plan application, the owner is requesting a minor variance to reduce the required parking for the proposed 3,836 square metre office building by 30 percent. Parking for the residential care facility can be accommodated on site without a variance. Under the parking regulations of the Zoning By-law, an office accommodating 3,836 square metres of gross floor area requires 137 parking spaces (1 space per 28.0 square metres). If the proposed variance is approved to reduce the required parking by 30 percent, the office would require 96 parking spaces. COMMITTEE OF ADJUSTMENT 158 AUGUST 18, 2009 1. Submission Nos.: A 2009-042. (Cont'dl The City's Transportation Planning Division has commented that it is willing to give consideration to the proposed parking reduction. However, in order to fully understand the implications of and to determine whether the proposed parking reduction is warranted and desirable, Transportation Planning is of the opinion that additional information is required. In this regard, Transportation Planning is requesting that an informal comparative parking demand analysis be conducted for a similar use along the King Street mainline transit corridor. In addition, Transportation Planning request that the applicant submit further information regarding the types of Transportation Demand Management measures being implemented to justify the parking reduction (e.g., bike racks). The application was considered by the Committee on July 21st, 2009 and in light of the comments received from Transportation Planning at the time, the Committee deferred the application to allow the applicant time to hire a traffic consultant to conduct the requested parking demand analysis. Since the last meeting, Ray of Hope retained Paradigm Engineering to conduct the parking analysis. Transportation Planning recognized that a future zone change for the site to an `MU3' zone could result in a 30 % reduction of parking requirements as per the zoning by-law. The report was submitted to the City's Transportation Planning Staff for their review and comment and they are satisfied that the application for the reduced parking can be supported subject to certain conditions. Transportation Planning has completed its assessment of the Ray of Hope Parking Demand Assessment, as provided by Paradigm Transportation Solutions. We feel that the comparison to the Catholic Family Counselling Centre (CFCC) is fair as provided within the study. The CFCC currently has 18% of trips to the site using alternative transportation measures to the "drive and park" scenario. While a portion of this can be attributed to location, a portion can also be attributed to services offered. In both cases the Ray of Hope site is similar. Although 18% of trips generated are not "drive and park" trips, both parking lots provided for the CFCC site operate at or near capacity during peak demand (capacity, as defined for parking lots, is typically expressed as 85% of the total supplied parking as that is when a parking lot will begin to feel "full" and congestion can occur within a lot due to vehicle circulation as they search for the empty spaces). This also likely contributes to the use of alternative Transportation methods to access the site. Based on the results indicated in the CFCC study prepared for Paradigm Transportation Solutions, the CFCC site requires 2.4 vehicles per 1000 square feet during peak periods (it should be noted that 2.4 vehicles per 1000 square feet would represent 100% occupancy). This is the same as the average peak parking spaces required as per the "Institute of Transportation Engineers Parking Generation" manual. Transportation Planning therefore feels that 2.4 parking spaces per 1000 square feet for the Ray of Hope will likely represent 100% occupancy. Based on the proposal for the Ray of Hope site, 99 spaces (41290 square feet x 2.4 spaces per 1000 square feet) are required to accommodate 100% peak occupancy. This would represent no available parking spaces during peak periods, causing the lot to operate over capacity. Transportation Planning does recognize that an upcoming zone change for the site could result in a reduction of parking requirements as per the zoning by-law, and therefore, in addition to the parking study provided, Transportation Planning will support the parking variance as proposed provided the following: That further TDM measures be considered -Shared use parking, increased bicycle parking and storage, unbundled parking, car share programs, shower/locker facilities, subsidized transit passes, guaranteed ride home programs COMMITTEE OF ADJUSTMENT 159 AUGUST 18, 2009 1. Submission Nos.: A 2009-042. (Cont'dl That the applicant must agree to and sign a letter of understanding that states that prior to any future development of the site, and following full occupancy of phase 1, a parking study is to be conducted by the applicant, and any existing parking deficiencies indicated within the study are to be addressed to the satisfaction of the Director of Transportation Planning prior to the approval of any future development. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 10, 2009, advising that they have no concerns with this application. Mr. Steckley advised that through this development there has been a good working relationship with City staff. Mr. Steckley then referred to the second condition in the staff recommendation, specifically the term "Phase 1 ", noting that there are no named phases in this development. Ms. von Westerholt advised that Phase 1 refers to the devlopement in their currant site plan. The Chair questioned the types of offices that will be located in this building and Mr. Steckley advised that they will be promoting uses that assist the underserviced groups in our community but will not include medical uses because they require more parking. In response to questions from the Chair, Mr. Cronkite advised that the recommended condition #1 is really not a condition because it can not be measured and it can be removed. The Committee encouraged Mr. Steckley to consider further Transportation Demand Management measures for this development which would include; shared use parking, increased bicycle parking and storage, unbundled parking, car sharing programs, shower/locker facilities, subsidized transit passes and guaranteed ride home programs. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Ray of Hope & Cango (Kitchener) requesting permission to provide 96 parking spaces for an office building having a gross floor area of 3,836 sq.m. (41,292 sq. ft.) rather than the required 137 parking spaces, on Part Lots 1-4, Plan 404, and Part Lot 206, Streets and Lanes, being Part 1, Reference Plan 58R-2149, subject to easements over Parts 1 & 2, Reference Plan 58R-7026,and, Part Lots 2 & 3, Plan 404 and Part Lot 206, Streets & Lanes, being Part 1, Reference Plan 58R-4622, on 432 Charles Street East & 851 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owners shall agree to and sign a Letter of Understanding which states "that prior to any future development of the site, and following full occupancy of the development as shown on the approved site plan, dated August 14, 2009, a parking study is to be conducted by the applicant, and should any existing parking deficiencies be identified within the study, these would have to be addressed by the applicant, to the satisfaction of the Director of Transportation Planning prior to the approval of any future development. " 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 160 AUGUST 18, 2009 This meeting recessed at 9:45 a.m. and reconvened at 10:00 a.m. with the following members present: Ms. C. Balcerczyk and Messrs D. Cybalski & B. McColl NEW BUSINESS MINOR VARIANCE 1. Submission Nos.: A 2009-043 Applicant: Paul Reidt, Paul Schnarr & Brad Dietrich Property Location: 183 Victoria Street South Legal Description: Lot 2, Plan 107 Appearances: In Support: P. Reidt Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of an existing, enclosed entryway leading to the basement, having a setback from Henry Street of 2.7m (8.85') rather than the required 3m (9.84'). The Committee considered the report of the Development and Technical Services Department, dated August 6, 2009, advising that the subject property is located on the east side of Victoria Street South at Henry Street and is developed with a multiple dwelling consisting of four units. The property is designated Mixed Use Corridor in the Official Plan and zoned Commercial Residential One (CR-1) in the Zoning By-law. A mix of residential and commercial uses characterizes the surrounding area. The applicant is requesting relief from Section 44.3.6 of the Zoning By-law to legalize an existing enclosed entranceway leading to a basement with a side yard setback from Henry Street of 2.7 metres rather than the required 3.0 metres. A minor variance application was approved in 2003 to allow the construction of a covered deck for the existing multiple dwelling to have a setback from Henry Street (side yard abutting a street) of 2.74 m (9 ft.) rather than the required 3 m (9.84 ft.). Since the approval of that request, the property was sold to the current owner. It appears that the previous owner did not comply with the variances granted in the final decision which permitted construction of a covered deck and not the enclosed entranceway that currently exists. 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 subject property is designated Mixed Use Corridor in the Victoria Park Neighbourhood Secondary Plan, which permits multiple dwellings. The existing multiple dwelling is consistent in form and use with other development in the area. The applicant is not changing the structure of the existing building and will not be increasing the density. Therefore, the variance requested for the side yard setback maintains the intent of the Official Plan and is considered appropriate for the development and use of the land. The purpose of the minimum side yard setback abutting a street is to ensure adequate separation exists between buildings and the abutting public streetscape. The encroachment of the enclosed entranceway into the required side yard setback is minimal and provides adequate separation between the building and Henry Street. Therefore staff is of the opinion that the variance meets the intent of the Zoning By-law. COMMITTEE OF ADJUSTMENT 161 AUGUST 18, 2009 Submission Nos.: A 2009-043. (Cont'd Staff is of the opinion that the variance is minor because it does not propose to further reduce any of the existing zoning deficiencies; the variance is to recognize the existing situation. The deficiency of 0.3 m (1 ft) has been in existence since 2007 and does not significantly impact abutting properties or the streetscape. Therefore, staff does not foresee any concerns with approving this requested variance. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 7, 2009, advising that they have no concerns with this application. The Chair referred to the comments from the City's Building Division. Mr Reidt responded that they purchased this property in late June. The last owner had applied for a building permit but because of personal problems did not pursue approval of the building permit and did not maintain the property. Mr. Reidt stated that they what to fix- up this property which contains four dwellings units. The building does not contain laundry facilities, and they would like to put a laundry facility in the basement. The Chair suggested that a condition be imposed that the owners obtain a building permit and that all inspections required under the Building Code shall be conducted and all necessary approvals be obtained. Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl That the application of Paul Reidt, Paul Schnarr & Brad Dietrich requesting legalization of an existing, enclosed entryway leading to the basement, having a setback from Henry Street of 2.7m (8.85') rather than the required 3m (9.84'), on Lot 2, Plan 107, 183 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. The owners shall obtain a building permit from the City's Building Division for the existing basement entry, and shall receive approval of all inspections required by the Building Code. 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 2009-044 Applicant: Waldemar, Iwona & Urszula Rukcinski Property Location: 553 Lancaster Street West Legal Description: Part Lot 23 & 24, Plan 557, Ebv Devitt Survey Appearances: In Support: I. and U. Rukcinski Contra: None Written Submissions: None The Committee was advised that the applicant is requesting legalization of an existing building, containing a dwelling unit and a dog grooming business, having a right side COMMITTEE OF ADJUSTMENT 162 AUGUST 18, 2009 2. Submission Nos.: A 2009-044. (Cont'dl yard of 0.52m (1.7') rather than the required 1.2m (3.93'); and, permission to provide the 2 required parking spaces in tandem in the existing driveway, whereas the zoning by- law does not allow for tandem parking. The Committee considered the report of the Development and Technical Services Department, dated August 7, 2009, advising that the subject land is located on west side of Lancaster Street West between General Drive and Lang Crescent. The land is designated as Mixed Use Corridor in the City's Official Plan and zoned Neighbourhood Shopping Centre (C-2) with Special Use Provision 2000. The applicant is requesting permission for an existing building containing a dwelling unit and a dog grooming business to have a right side yard of 0.52 m (1.7 ft) rather than the required 1.2 m (3.93 ft) and to permit 2 required off-street parking spaces to be arranged in tandem which is not permitted in 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 variance for the building setback meets the intent of the Zoning By-law which is to ensure that the location of the building will not adversely affect the abutting properties. The side yard setback for the residential use is legal non-conforming. A minor variance application was approved in 2007 to allow an office and retail use in an existing building to have a right side yard of 0.52 m (1.7 ft) rather than the required 1.2 m (3.93 ft) (A2007-093). The residential use of the building will continue and it does not appear that proposed use for an accessory Canine or Feline Grooming business will have an adverse affect on the use of the building in this commercial area. The variance also meets the intent of the Official Plan. The Mixed Use Corridor is primarily intended to serve the adjacent residential neighbourhoods and to achieve a distribution of uses both residential and commercial. Both the residential and commercial could be considered desirable development for the area as they make use of an existing building for permitted uses. In regards to the parking variance, in 2007 the previous owner received approval for application A2007-093 to legalize three off-street parking spaces for the dwelling and a retail business to be provided in tandem rather than being independently accessible. At that time, sod existed in front of the building. A recent site visit notes that all sod has been removed from the front yard and replaced with a gravel parking surface where cars park parallel to the road. This is not supportable by Planning or Traffic staff as it does not meet Zoning or Official Plan requirements or traffic safety concerns or guidelines. Should this variance be approved it is requested that a condition be implemented that the sod be reinstated. As for the original parking variance request for this application, the tandem parking request could be considered minor and appropriate use of the land for the following reasons. The business is an accessory use to the person who lives in the building. The type of business proposed is the grooming of dogs. One parking space is required for the business and can be accommodated on site in tandem with the second parking space for the dwelling occupant. Permitting the second space to be in tandem is considered minor and is supportable by Planning and Traffic staff only if the front yard sod is reinstated. The variance could be considered appropriate use of the land. The building is located on the west side of Lancaster which is zoned C-2 (Commercial) from Lang Crescent to Bridge St and the business use is therefore in keeping with the uses surrounding the property and is therefore appropriate for this area. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 7, 2009, advising that they have no concerns with this application. COMMITTEE OF ADJUSTMENT 163 AUGUST 18, 2009 2. Submission Nos.: A 2009-044, (Cont'dl Ms. I. Rukcinski addressed the Committee advised that they seek approval for extra parking on the property. She advised that because the driveway is so narrow, they have no space to turn the car around to enter the street in a forward motion. Returning to the staff's recommended condition, Ms. Rukcinski stated that they need to be able to keep their front yard parking. Ms. von Westerholt and Mr. Cronkite both advised the applicants that their current front yard parking is illegal and the paved area in the front yard will have to be removed and replaced with sod. Mr. Cronkite advised that they could design a small turn-around area in front yard; however, it can not be used as a parking space. Ms. Rukcinski advised that there are three cars at this property belonging to the residents and they need additional parking for the dog grooming business. With there being 3 residents cars in the driveway, there will be no parking spaces for their business; consequently, they want to be able to have parking in the front yard. It was noted by the Committee that the applicant will have to defer this application; discuss with staff their proposed design for the parking; submit and amended application and an revised plan, along with the deferral fee, and the application will be advertised for public hearing. It was agreed by all parties that consideration of this application will be deferred to allow the applicants to amend their application. 3. Submission Nos.: A 2009-045 Applicant: Elizabeth Lapsley Property Location: 373 Ottawa Street South Legal Description: Part Lot 16, Plan 384 Appearances: In Support: E. Lapsley M.Szucs Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to replace the roofed porch on the front of the existing legal non-conforming single family dwelling with a larger roofed porch measuring 4.8m by 3.6m (15.74' by 11.81'). The Committee considered the report of the Development and Technical Services Department, dated August 6, 2009, advising that the subject land is located on the east side of Ottawa Street South between Mill and Hoffman Streets and is developed with a legal non-conforming single family dwelling. The property is designated General Industrial in the Official Plan and zoned M-2 (General Industrial) in the Zoning By-law. A mix of residential and industrial uses characterizes the surrounding area. The applicant is requesting permission to replace the roofed porch on the front of the existing legal non-conforming single family dwelling with a larger roofed porch measuring 4.8 m by 3.6 m. A site visit of the subject property was completed on August 5, 2009 and staff note that the replacement porch has already been constructed. 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 proposed variance meets the intent of the Official Plan and the Zoning By-law. The General Industrial designation permits single detached dwellings in mixed industrial- residential areas designated as General Industrial. In regards to the zoning COMMITTEE OF ADJUSTMENT 164 AUGUST 18, 2009 3. Submission Nos.: A 2009-045. (Cont'dl designation, M-2 permits dwellings units accessory to a permitted industrial use. The subject dwelling unit is the only use of the property but is considered legal non- conforming. The proposed variance can be considered minor. The increase in size for the replacement porch is appropriate in scale to the dwelling unit. As well sufficient setbacks are provided from all property lines. The proposed variance can be considered appropriate development and use of the subject lands and surrounding neighbourhood. The single family dwelling is considered legal non-conforming and the replacement porch provides an area of shelter for the entranceway. Staff is of the opinion that this is appropriate use for the dwelling and would not appear to have an adverse effect on the streetscape. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 7, 2009, advising that they have no concerns with this application. The Chair pointed out the comments in the report from the Region of Waterloo dealing with a future 12' road widening on Ottawa Street and Mr. Szucs advised that the front porch is more then 12' back from the street, so will not be affected. Mr. McColl questioned whether the porch has been built. Mr. Szucs advised that it has been built. He stated that he obtained a building permit for the rear deck and when the Building Inspector came to inspect the deck he advised that a building permit was required for the front porch. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczky That the application of Elizabeth Lapsley requesting permission to replace the roofed porch on the front of the existing legal non-conforming single family dwelling with a larger roofed porch measuring 4.8m by 3.6m (15.74' by 11.81'), on Part Lot 16, Plan 384, 373 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit for the front porch roof and shall receive approval of all building inspections required under the Building Code. It is the opinion of this Committee that: 1. The impact of this roofed porch 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 that is the 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 CONSENT 1. Submission Nos.: B 2009-026 Applicant: The INCC Corp Property Location: Ira Needles Boulevard and University Avenue Legal Description: Part Lot 39, German Company Tract, being Parts 1, 2 & 3, Reference Plan 58R-16538 COMMITTEE OF ADJUSTMENT 165 AUGUST 18, 2009 1. Submission Nos.: B 2009-026. (Cont'dl Appearances: In Support: P. Britton G. Voisin Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for access easement/right-of-way and servicing easement over portions of the land having a total area of 1.03 ha (0.417 ac.), subject to an agreement for granting the use of or right in land for a period of 21 years or more, in favour of the City of Kitchener, City of Waterloo and lands to be conveyed in the City of Waterloo; and, servicing easements over portions of the land having a total area of 0.5 ha (0.2 ac.) subject to an agreement for granting the use of or right in land for a period of 21 years or more, in favour of the City of Kitchener, City of Waterloo, and lands to be conveyed in the city of Waterloo. This land is the subject of Zone Change Application ZC 06/05.G/TMW and Official Plan Amendment Application MP 06/01/G/TMW. For more information of the zone change and official plan amendment, please contact the City's Planning Division. The Committee considered the report of the Development and Technical Services Department, dated August 5, 2009, stating that the subject property is located on Ira Needles Boulevard (Regional Road #70) just south of University Avenue (Regional Road #57), and encompasses nearly 400 metres of Glasgow Street. The applicant is requesting consent for several access rights-of-way and servicing easements on the site, in order to facilitate development of the site in conjunction with adjacent lands within the boundaries of the City of Waterloo. The applicant's lands within the City of Kitchener are approximately 18.1 hectares (44.7 acres) in area. The applicant has submitted consent applications in both the City of Waterloo and the City of Kitchener for access rights-of-ways and servicing easements to facilitate the proposed development of the site with an integrated retail, service and office commercial centre having a total floor space of approximately 100,332 square metres (1,080,000 square feet). Both the Kitchener and Waterloo applications are scheduled to be considered by each City's Committee of Adjustment on August 18, 2009. The subject property sits on the border of the City of Kitchener and City of Waterloo. Staff understands that, due to cross-border servicing requirements and the wish to develop the site comprehensively as one development, the easements and rights-of- way are necessary for the development on lands on the Waterloo-side of the project site. However, while a concept plan as part of a design brief was created for the site as part of the recent Official Plan /Zoning By-law amendment and pending Cross-Border Servicing Agreement, no Site Plan pre-application or formal application has been received by the City of Kitchener at the time of the writing of this report. The locations of the easements proposed in this application have not been approved by any formal development application processed by the City of Kitchener, beyond being reviewed as "conceptual" layouts during the processing of the recent (adopted June 2009) Zone Change and Official Plan review applications. These layouts may change depending on the outcome of the review of a formal Site Plan application. Should the layout of any access rights-of-ways or servicing easements change as a result of the formal Site Plan review, new rights-of-ways and easements will need to be sought from the Committee of Adjustment. Staff is bringing this application forward to the Committee with a recommendation of approval, understanding that the applicant wishes to have it considered at the same time as applications submitted to the City of Waterloo to facilitate development of phases of the overall site development located within that City's boundaries. As COMMITTEE OF ADJUSTMENT 166 AUGUST 18, 2009 1. Submission Nos.: B 2009-026. (Cont'dl previously stated, staff support of this application must not be interpreted as any sort of approval precluding the formal Site Plan Review process, and such support of this proposal does not obligate the City of Kitchener to any automatic support for a particular future development proposal. If the services need to be relocated as a result of a subsequent development application approval, such relocation will be at the applicant's cost. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated August 11, 2009, in which they advise that they have no objections to this application. The Committee considered the report of the Grand River Conservation Authority, dated August 12, 2009, in which they advise that they have no objections to this application. Mr. Britton reviewed the conditions recommended by staff, requesting that conditions no. 1 be eliminated as final approval of the Official Plan Amendment is not required for easements. Respecting condition no. 2, Mr. Britton put forward amended wording as follows: "...that a functional design for the shared access road be prepared to the satisfaction of the City's Director of Engineering and the City's Director of Planning in consultation with the City of Waterloo's General Manager of Development Services." Ms. von Westerholt agreed to these changes in the conditions recommended by staff, as did the Committee. Mr. McColl questioned the need for cash-in-lieu of parkland dedication and was advised by Mr. Britton that parkland dedication will be paid as a requirement of the development agreement. Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of The INCC Corp requesting permission for access easement/right-of-way and servicing easement over portions of the land having a total area of 1.03 ha (0.417 ac.), subject to an agreement for granting the use of or right in land for a period of 21 years or more, in favour of the City of Kitchener, City of Waterloo and lands to be conveyed in the City of Waterloo; and, servicing easements over portions of the land having a total area of 0.5 ha (0.2 ac.) subject to an agreement for granting the use of or right in land for a period of 21 years or more, in favour of the City of Kitchener, City of Waterloo, and lands to be conveyed in the City of Waterloo; substantially as shown on the plans submitted with this application, on Part Lot 39, German Company Tract, being Parts 1, 2 & 3, Reference Plan 58R-16538, Ira Needles Boulevard and University Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall prepare a functional design for the shared access road to the satisfaction of the City's Director of Engineering and the City's Director of Planning and the City of Waterloo's General Manager of Development. 2. That the Cross Border Servicing Agreement between the City of Kitchener, City of Waterloo and The INCC Corp shall be fully executed and registered on title of the affected properties. 3. 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. COMMITTEE OF ADJUSTMENT 167 AUGUST 18, 2009 Submission Nos.: B 2009-026. (Cont'dl 4. 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 2 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. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the removal of any redundant paved driveway ramps and the re-establishment, to City standards, of boulevard landscaping including street trees on the retained lands. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and any required modification to service connections to the retained lands as a result of the severance. 7. That the owner shall receive approval from the City Solicitor for the Transfer Easement(s) creating the right-of-way for access and easement for servicing, sanitary and other utilities prior to registration; 8. That the owners of the proposed dominant lands and servient lands shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the right-of-way for access and/or easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 9. That the owner shall provide the City Solicitor with a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement. 10. The that owner shall provide the City Solicitor with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately 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 August 18, 2011. Carried 2. Submission Nos.: B 2009-027 Applicant: Jessabel Properties Property Location: 114 Waterloo Street Leaal Description: Part Lot A. Plan 386 COMMITTEE OF ADJUSTMENT 168 AUGUST 18, 2009 2. Submission Nos.: B 2009-027. (Cont'dl Appearances: In Support: J. Pearce C. Morgan Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width of 13.9m (45.6') on the southerly side and 13.58m (44.55') on the northerly side, a length on the easterly side of 32.05m (105.15') and on the westerly side of 30.175m (99') and having an area of 421 sq. m. (4,531.75 sq. ft.), to be conveyed as a lot addition to 1 Stahl Street. This land is currently vacant. The retained land has a width on Waterloo Street of 16.92m (55.51'), a depth of approximately 50.81 m (166.7') and an area of 612 sq. m. (6,587.73 sq. ft.) and it contains an existing house and garage. The Committee considered the report of the Development and Technical Services Department, dated August 12, 2009, stating that the subject properties are located near the intersection of Waterloo Street and Stanley Street, with the rear yard of 114 Waterloo Street abutting Stahl Avenue. The properties are zoned Residential Two Zone (R-5) and are designated as Low Rise Residential in the Official Plan. The subject lands are currently an `L' configuration. The applicant is requesting consent to convey a parcel of land from 114 Waterloo Street, having a width of 13.9019 metres, a depth of 32.0527 metres and an area of 445.593 m2 , as a lot addition to the abutting property at 1 Stahl Avenue. The lots have been developed as single detached dwellings and each parcel meets the Zoning By-Law requirements. 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, the uses of both the parcels are in conformity with the City's Official Plan, the lands front on an established public street, and are compatible in size with the lots in the surrounding area. The size of the proposed parcels will be suitable for the uses as permitted by the R-5 zone and the lot addition is intended to provide 1 Stahl Avenue with a larger yard with increased outdoor amenity area. The dimensions and shapes of the proposed lots are appropriate and suitable for the existing and proposed use of the lands. It is the opinion of staff that the properties meet Official Plan policy and Zoning By-Law regulations and are considered to be proper and orderly development. The uses of the severed and retained lands are consistent with the Provincial Policy Statement (PPS) issued under Subsection 3 (1) of the Act, and they conform to or do not conflict with any applicable provincial plan or plans. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated August 11, 2009, in which they advise that they have no objections to this application. Ms. Pearce questioned condition no. 5 in the staff report, advising that there are no driveways on the severed land. The Chair advised that this is a standard condition and if there are no driveways, there will not be any difficulty in getting a clearance for the condition. Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT 169 AUGUST 18, 2009 Submission Nos.: B 2009-027. (Cont'dl That the application of Jessabel Properties requesting permission to sever a parcel of land having a width of 13.9m (45.6') on the southerly side and 13.58m (44.55') on the northerly side, a length on the easterly side of 32.05m (105.15') and on the westerly side of 30.175m (99') and having an area of 421 sq. m. (4,531.75 sq. ft.), to be conveyed as a lot addition to 1 Stahl Street, on Part Lot A, Plan 386, 114 Waterloo Street, 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 2 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 lands to be severed shall be added to the abutting lands and title shall be taken into 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. 4. That 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. 5. That 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. 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 August 18, 2011. Carried COMMITTEE OF ADJUSTMENT 170 AUGUST 18, 2009 COMBINED APPLICATION 1. Submission Nos.: B 2009-028, B 2009-029 & A 2009-046 Applicant: Frederick & Anita Voisin Property Location: 276 Woolwich Street Legal Description: Part Lot 6, German Company Tract Appearances: In Support: C. Baker Contra: None Written Submissions: None The Committee was advised that through submission No.'s B 2009-028 and B 2009- 029, the applicants are seeking permission to sever 2 parcels of land for residential development; the first parcel of land will have a width of 13.7m (45') on Hawkswood Drive, by a depth on the easterly side of 37.3m (122.37') and on the westerly side of 35m (114.82'), and an area of 495.6 sq. m. (5,334.76 sq. ft.); the second parcel of land will have a width of 13.7m (45') on Hawkswood Drive, a length on the easterly side of 35m (114.82') and on the westerly side of 32.8m (107.61') and will have an area of 464.9 sq. m. (5,004.3 sq. ft.). The retained land will have a width on Woolwich Street of 26.6m (87.27'), a depth along Hawkswood Drive of 38.2m (125.32') and an area of 1118.0 sq. m. (12,034.44 sq. ft.), and will contain the existing single detached dwelling. The applicants are also requesting approval of an Application for Minor Variance for the deck on the rear of the existing dwelling which, if the severances are approved, will have a rear yard of 3.8m (12.46') rather than the required 4m (13.12'). The Committee considered the report of the Development and Technical Services Department, dated August 7, 2009, stating that the subject property is a corner lot at the intersection of Woolwich Street and Hawkswood Drive in the Bridgeport North area of Kitchener. The property has 26.6 metres of frontage on Woolwich Street and 66.0 metres of frontage on Hawkswood Drive. The property contains a single detached dwelling constructed in approximately 1968. The property is designated as Low Rise Residential in the Official Plan and was rezoned from Agricultural Zone (A-1) to Residential Three Zone (R-3) with Holding Provision for Services and Roadworks 19HSR in April 2009 in order to facilitate the subject consent application. Holding Provision 19HSR requires that no building permits will be issued until such time as the Regional Municipality of Waterloo lifts a development cap for the Bridge-Lancaster area and a roundabout at the intersection of Bridge Street and Lancaster Street West is operational. This Holding Provision for Services and Roadworks cannot be removed until the City of Kitchener is in receipt of a letter from the Region advising that the transportation system is able to accommodate additional dwelling units. It should be noted that this provision does not prevent the severance of lands. The applicant is now requesting permission to sever the property into three lots to be used for single detached dwellings. The existing dwelling would be retained on the proposed lot closest to the intersection, while the two severed lots would be available for new development once the development cap is lifted and the holding provision removed. The proposed lots are as follows: • The Proposed Severed Parcel #1 has an area of 495.6 square metres and a width of 13.7 metres, • The Proposed Severed Parcel #2 has an area of 464.9 square metres and a width of 13.7 metres, and • The Proposed Retained Parcel has an area of 1,118.0 square metres and a width of 26.6 metres. COMMITTEE OF ADJUSTMENT 171 AUGUST 18, 2009 1. Submission Nos.: B 2009-028. B 2009-029 & A 2009-046. (Cont'dl 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, the uses of both the severed and retained parcels are in conformity with the City's Official Plan, the size and shapes of the proposed lots are appropriate and suitable for the existing use and proposed use of the lands, the lands front on established public streets, and the proposed lots are accessible to adequate utilities and municipal services. In addition, the resultant lots will be compatible in size and shape with the lots in the surrounding area, especially with those lots on the opposite side of Hawkswood Drive. In addition, the applicant is requesting a minor variance to allow a rear yard setback of 3.7 metres rather than the required 4.0 metres for a deck on the Proposed Retained Parcel that is greater than 0.6 metres (approximately 2 metres) in height above finished grade level. Staff notes that the dwelling itself is proposed to maintain a 7.8 metre rear yard set back and that the requested variance is for the deck setback only. 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 proposed variance meets the intent of the Official Plan and Zoning By-law for the following reasons. The variance would not affect the size of the rear yard amenity area since the deck itself acts as an amenity space. The variance is minor as it would not cause unacceptable adverse impacts on adjacent properties especially considering that the rear deck would likely face the side of the proposed dwelling on the adjacent Proposed Severed Parcel #2 rather than the rear yard amenity area. The variance is appropriate for the desirable development and use of the land since it will allow the future infill development of two single detached dwellings. If the rear yard was reduced any further, the severed parcels would not conform to the lot width regulation of the Zoning By-law and only one single detached dwelling would be permitted through the severance without additional minor variance approval. Hence, the development potential of the subject property is maximized and the severance of two lots is facilitated through the variance. Furthermore, the variance will allow an adequately sized rear yard for the retained lot while permitting the retention of existing housing stock. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated August 11, 2009, in which they advise that they have no objections to this application. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 7, 2009, advising that they have no concerns with this application. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated July 29, 2009, advising that any approval of this application should include conditions that require the applicants to make satisfactory arrangements with Hydro for the provision of electrical servicing to this land, including granting any easements that they may require. Ms. Baker addressed the Committee advising that the owner will not be able to develop these lots until the holding provision is lifted. The recent zone change was intended to facilitate this severance. Consequently, she requested that conditions 4, 5, 8 and 9 in the staff report become conditions in a modified subdivision agreement, so that they can be fulfilled after the severance takes place. Ms. Baker also requested that the Kitchener-Wilmot Hydro condition be included in the modified subdivision agreement. The Committee agreed to Ms. Baker's request. Submission No.: A 2009-046 Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT 172 AUGUST 18, 2009 Submission Nos.: B 2009-028. B 2009-029 & A 2009-046. (Cont'dl That the application of Frederick & Anita Voisin requesting permission for the deck on the rear of the existing house to have a rear yard of 3.8m (12.46') rather than the required 4m (13.12') (after the severances granted in Submission No.'s B 2009-028 & B 2009-029 take place), on Part Lot 6, German Company Tract, 276 Woolwich Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners 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 owners 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 2 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 proposed parcels shown on the deposited reference plan noted in Condition #2 shall be substantially similar to those shown on the "Minor Variance and Consent Sketch" provided with the subject applications, to the satisfaction of the City's Director of Planning. 4. That the owners shall 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. 5. That the owners shall convey to the City of Kitchener, without cost and free of encumbrance, a road widening along the property's entire Woolwich Street frontage in accordance with the City's Official Plan, to the satisfaction of the City's Director of Transportation Planning. 6. That the owners shall enter into a modified subdivision agreement with the City of Kitchener, to the satisfaction of the City Solicitor, which shall be registered on title of the lands to be severed in Submission No. B 2009-028 and B 2009 029; which shall include the following conditions: a) That the owners shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property, all prior to building permit issuance. b) That the owners shall close any redundant driveways and install new curb and gutter and boulevard landscaping, all to City of Kitchener standards and build any new driveways to City of Kitchener standards at grade with the existing sidewalk. All works are at the owner's expense and all work shall be completed prior to occupancy of the building. c) That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, on the severed lands. d) That the owners shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the City's Director of Transportation Planning. e) That the owners shall make arrangements satisfactory to Kitchener- Wilmot Hydro Inc. for the provision of electrical servicing for the lands to be severed through Submission No.'s B 2009-028 and B 2009-029, prior to any building permits being issued for either of the severed lands in these Applications for Consent. COMMITTEE OF ADJUSTMENT 173 AUGUST 18, 2009 Submission Nos.: B 2009-028. B 2009-029 & A 2009-046. (Cont'dl 7. That, if required, the owners shall prepare a noise study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Region of Waterloo methods to abate traffic noise from Woolwich Street on the severed and retained lands in Submission No.'s B 2009-028 and B 2009-029; and if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. 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 Submission No.: B 2009-028 Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl That the application of Frederick & Anita Voisin requesting permission to convey a parcel of land having a width of 13.7m (45') on Hawkswood Drive, by a depth on the easterly side of 37.3m (122.37') and on the westerly side of 35m (114.82'), and an area of 495.6 sq. m. (5,334.76 sq. ft.), on Part Lot 6, German Company Tract, 276 Woolwich Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and or local improvement charges. 3. That the owners 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 2 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 proposed parcels shown on the deposited reference plan noted in Condition #2 shall be substantially similar to those shown on the "Minor Variance and Consent Sketch" provided with the subject applications, to the satisfaction of the City's Director of Planning. 4. That the owners shall 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. 6. That the owners shall convey to the City of Kitchener, without cost and free of encumbrance, a road widening along the property's entire Woolwich Street frontage in accordance with the City's Official Plan, to the satisfaction of the City's Director of Transportation Planning. 6. That the owners shall enter into a modified subdivision agreement with the City of Kitchener, to the satisfaction of the City Solicitor, which shall be registered on title of the lands to be severed in Submission No. B 2009-028 and B 2009 029; which shall include the following conditions: COMMITTEE OF ADJUSTMENT 174 AUGUST 18, 2009 1. Submission Nos.: B 2009-028. B 2009-029 & A 2009-046. (Cont'dl a) That the owners shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property, all prior to building permit issuance. b) That the owners shall close any redundant driveways and install new curb and gutter and boulevard landscaping, all to City of Kitchener standards and build any new driveways to City of Kitchener standards at grade with the existing sidewalk. All works are at the owner's expense and all work shall be completed prior to occupancy of the building. d) That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, on the severed lands. d) That the owners shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the City's Director of Transportation Planning. e) That the owners shall make arrangements satisfactory to Kitchener- Wilmot Hydro Inc. for the provision of electrical servicing for the lands to be severed through Submission No.'s B 2009-028 and B 2009-029, prior to any building permits being issued for either of the severed lands in these Applications for Consent. 7. That, if required, the owners shall prepare a noise study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Region of Waterloo methods to abate traffic noise from Woolwich Street on the severed and retained lands in Submission No.'s B 2009-028 and B 2009-029; and if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the approved 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 August 18, 2011. Carried Submission No.: B 2009-029 Moved by Ms. C. Balcerczyk Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT 175 AUGUST 18, 2009 Submission Nos.: B 2009-028. B 2009-029 & A 2009-046. (Cont'dl That the application of Frederick & Anita Voisin requesting permission to convey a parcel of land having a width of 13.7m (45') on Hawkswood Drive, a length on the easterly side of 35m (114.82') and on the westerly side of 32.8m (107.61') and having an area of 464.9 sq. m. (5,004.3 sq. ft.), on Part Lot 6, German Company Tract, 276 Woolwich Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners 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 owners 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 2 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 proposed parcels shown on the deposited reference plan noted in Condition #2 shall be substantially similar to those shown on the "Minor Variance and Consent Sketch" provided with the subject applications, to the satisfaction of the City's Director of Planning. 4. That the owners shall 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. 5. That the owners shall convey to the City of Kitchener, without cost and free of encumbrance, a road widening along the property's entire Woolwich Street frontage in accordance with the City's Official Plan, to the satisfaction of the City's Director of Transportation Planning. 6. That the owners shall enter into a modified subdivision agreement with the City of Kitchener, to the satisfaction of the City Solicitor, which shall be registered on title of the lands to be severed in Submission No. B 2009-028 and B 2009 029; which shall include the following conditions: a) That the owners shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property, all prior to building permit issuance. b) That the owners shall close any redundant driveways and install new curb and gutter and boulevard landscaping, all to City of Kitchener standards and build any new driveways to City of Kitchener standards at grade with the existing sidewalk. All works are at the owner's expense and all work shall be completed prior to occupancy of the building. e) That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, on the severed lands. d) That the owners shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the City's Director of Transportation Planning. e) That the owners shall make arrangements satisfactory to Kitchener- Wilmot Hydro Inc. for the provision of electrical servicing for the lands to be severed through Submission No.'s B 2009-028 and B 2009-029, prior to any building permits being issued for either of the severed lands in these Applications for Consent. COMMITTEE OF ADJUSTMENT 176 AUGUST 18, 2009 7. That, if required, the owners shall prepare a noise study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Region of Waterloo methods to abate traffic noise from Woolwich Street on the severed and retained lands in Submission No.'s B 2009-028 and B 2009-029; and if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the approved 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 August 18, 2011. Carried 2. Submission Nos.: Applicant: Property Location Leaal Description: Appearances: In Support: Contra: B 2009-030, A 2009-047 & A 2009-048 Murray Edward Lemanski 31 & 33 Dekay Street Part Lots 15 & 16. Reaistered Plan 133 S. Pope None Written Submissions: None The Committee was advised that through permission to sever 33 Dekay Street from 31 Dekay Street, so that each property can be dealt with separately. The severed land, 33 Dekay Street, will have a width on Dekay Street of 12.57m (41.24'), a depth on the northerly side of 18.187m (59.66') and on the southerly side of 21.403m (70.21'), and will have an area of 242.9 sq. m. (2,614.63 sq. ft.). The retained land, 31 Dekay Street, will have a width on Dekay Street of 12.541 m (41.145') by a depth along Emma Street of 24.61 m (80.74') and an area of 280.9 sq. m. (3023.68 sq. ft.). Each property contains an existing dwelling and garage, and this use is intended to continue. The owner also seeks approval of an Application for Minor Variance for the severed land, 33 Dekay Street, which has a driveway having a width of 1.84m (6.03') rather that the required 2.6m (8.53'); and, an Application for Minor Variance for the retained land, 31 Dekay Street, for a corner lot having a width of 12.541 m (41.14') on Dekay Street rather than the required 15m (49.21'), and a side yard on the northerly side of the building of 0.63m (2.06') rather than the required 1.2m (3.93'). The Committee considered the report of the Development and Technical Services Department, dated August 12, 2009, stating that the subject property is located at the intersection of Dekay Street and Emma Avenue and is comprised of two residential lots, with civic addresses 31 Dekay and 33 Dekay. In 1999, the owner of 31 Dekay Street COMMITTEE OF ADJUSTMENT 177 AUGUST 18, 2009 2. Submission Nos.: B 2009-030. A 2009-047 & A 2009-048. (Cont'dl purchased the property at 33 Dekay Street. At the time of the purchase, the titles for the two properties were registered in the same name and therefore the two properties have merged on title. In order to sell either property individually, the Applicant requires consent to sever the original two lots as required by the Planning Act. The property is legally described as Plan 133 Pt Lot 15 Pt Lot 16. The property is designated as Low Rise Residential in the City's Official Plan and zoned Residential 4 (R-4) in By-law 85-1. The applicant is requesting consent to sever the property into the two lots, which was the situation until 1999. The proposed retained parcel is addressed as 31 Dekay Street. The proposed lot would be a corner lot with 12.54 metres of frontage on Dekay Street and 24.61 metres of side yard frontage on Emma Avenue. The proposed lot would have a varied lot depth of 21.4 to 24.6 metres. The proposed lot area of the retained parcel is 280.9 square metres (0.028 hectares). The proposed severed parcel is addressed as 33 Dekay Street. The proposed interior lot would have 12.57 metres of frontage onto Dekay Street, with a varied lot depth of 18.18 to 21.4 metres. The proposed lot area of the severed parcel is 242.9 square metres (0.025 hectares). 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 are satisfied that the creation of the severed lot is desirable and appropriate. The merging of the lots was unintentional and was not merged as a requirement of a previous planning approval. The proposed lots (retained and severed) are of the same shape and size as the lots which previously existed. Both lots are currently adequately serviced by municipal servicing and each lot fronts on a public road that is maintained year-round by the City. The current use of the lots (single detached residential dwellings) is compatible with the intent of the Official Plan and Zoning Bylaw. The proposed consent is consistent with the Provincial Policy Statement (PPS) issued under Subsection 3 (1) of the Act, and conforms to, or does not conflict with any applicable provincial plan or policy. Based on the foregoing, Planning staff recommends that application B2009-030 be approved subject to certain conditions. The Applicant has filed application A2009-047 for 33 Dekay Street seeking relief from Section 6.1.1.1.b.ii.b of the Zoning Bylaw 85-1 to allow a reduction in the required driveway width from the required 2.6 metres to 1.84 metres. The driveway has been in existence for several years and is currently considered to be legal non-conforming. However, as the applicant has applied for consent to form two lots, the driveway width for the proposed lot must conform to the current standard. The Vacuum Clause in the Zoning Bylaw 85-1 does not account for driveway width and therefore the Applicant is seeking a minor variance. 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 Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The proposed variance is consistent in form and use with other development in the area. The required off-street parking spot, although not considered legal as it does not meet the minimum width requirements, meets the main intent of the Zoning Bylaw to provide an off-street parking space more than 6.0 metres from the property line. The required number of off-street parking spaces for the proposed lot at 33 Dekay is one. If the property was not intentionally merged in 1999, the driveway width would be legal non- conforming at 1.84 metres in width. COMMITTEE OF ADJUSTMENT 178 AUGUST 18, 2009 2. Submission Nos.: B 2009-030. A 2009-047 & A 2009-048. (Cont'dl The required width of the driveway is 2.6 metres and the existing driveway is currently 1.84 metres in width. Although the driveway does not meet the City's standards, it appears to be functioning in its current condition and it is Planning Staff's opinion that the requested relief is minor. The existing driveway is desirable for the neighbourhood as it allows the Owner to park one vehicle on the property and off of the street. The variance is considered desirable because the character of the neighbourhood will be maintained. The Applicant has also filed application A2009-048 for 31 Dekay Street seeking relief from Section 38.2.1 of the Zoning Bylaw 85-1 to allow a reduction in the required corner lot width from the required 15.0 metres to 12.54 metres and seeking relief from Section 38.2 of the Zoning Bylaw 85-1 to allow a reduction in the required side yard from the required 1.2 metres to 0.63 metres. Prior to 1999, the proposed lot(s) were in existence and would be considered legal non-conforming. The applicant has applied for consent to form two lots and therefore the lot width and side yard setback must conform to the current standard. The Vacuum Clause in the Zoning Bylaw 85-1 does not apply for the corner lot width because the requested relief is greater than 10% of the total lot width. The proposed property line between the two existing single detached dwellings (proposed property line between 31 and 33 Dekay) is considered new and therefore the side yard would not be covered under the Vacuum Clause. Although the property line is technically new, it resembles the former property line prior to 1999 and is consistent to the current use of the property. The Applicant is proposing to re-establish a previously existing lot line. 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 Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The proposed variance is consistent in form and use with other development in the area. There is sufficient side yard amenity space for the owner(s) and the setback from the side yard thereby meeting the intent requirements of the Zoning Bylaw. The proposed left side yard of the adjacent property at 33 Dekay exceeds the minimum standard in the Zoning Bylaw and when that side yard is combined with the proposed right side yard at 31 Dekay, there is sufficient setback between the two residential buildings. Planning Staff are of the opinion that the requested relief is minor as the existing lot width has existed since the house was built over 50 years ago. The proposed lot width is desirable for the neighbourhood as it is consistent with the adjacent corner lots on Emma Avenue. The requested reduction for side yard setback on the opposite side is also considered minor because the property has been functioning in the similar manner to that which is proposed. Based on the foregoing, Planning staff recommends that the application A2009-047 be approved without conditions. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated August 11, 2009, in which they advise that they have no objections to this application. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 7, 2009, advising that they have no concerns with this application. Ms. Pope advised that she has read the staff report and is in agreement with the staff recommendation. COMMITTEE OF ADJUSTMENT 179 AUGUST 18, 2009 2. Submission Nos.: B 2009-030. A 2009-047 & A 2009-048. (Cont'dl Submission No.: A 2009-047 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Murray Edward Lemanski requesting permission for a driveway having a width of 1.84m (6.03') rather that the required 2.6m (8.53'), on Part Lots 15 & 16, Registered Plan 133, 33 Dekay Street ,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 Submission No.: A 2009-048 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Murray Edward Lemanski requesting permission for a corner lot to have a width of 12.541 m (41.14') on Dekay Street rather than the required 15m (49.21'), and a side yard on the northerly side of the building of 0.63m (2.06') rather than the required 1.2m (3.93'), on Part Lots 15 & 16, Registered Plan 133, 31 Dekay Street, 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 Submission No.: B 2009-030 Moved by Mr. B. McColl Seconded by Ms. C. Balcerczyk That the application of Murray Edward Lemanski requesting permission to convey a parcel of land having a width on Dekay Street of 12.57m (41.24'), a depth on the northerly side of 18.187m (59.66') and on the southerly side of 21.403m (70.21'), and having an area of 242.9 sq. m. (2,614.63 sq. ft.), on Part Lots 15 & 16, Registered Plan 133, 33 Dekay Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding municipal property taxes and or local improvement charges. COMMITTEE OF ADJUSTMENT 180 AUGUST 18, 2009 2. Submission Nos.: B 2009-030. A 2009-047 & A 2009-048. (Cont'dl 2. That the owners 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 2 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. 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 August 18, 2011. Carried ADJOURNMENT On motion, the meeting adjourned at 10:40 p.m. Dated at the City of Kitchener this 18th day of August, 2009. Dianne H. Gilchrist Secretary-Treasure r Committee of Adjustment