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HomeMy WebLinkAboutAdjustment - 2003-03-18 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 18, 2005 MEMBERS PRESENT: Messrs. P. Kruse, B. Issac, and P. Britton. OFFICIALS PRESENT: Mr. B. Sloan, Principal Planner, Mr. T. Boutilier, Senior Planner and Ms. D. Gilchrist, Acting Secretary-Treasurer. Mr. P. Kruse, Chair, called this meeting to order at 10:10 a.m. Moved by Mr. B. Issac Seconded by Mr. P. Britton That the minutes of the regular meeting of the Committee of Adjustment of February 11,2003, as mailed to the members, be accepted. UNFINISHED BUSINESS CONSENT 1. Submission No.: Applicant: Property Location: Legal Description: Carried B 2002-037 Theresa Tittley Glasgow Street Part Lot 39, German Company Tract, designated as Part 5 on Reference Plan 58R-6914 The Committee was in receipt of correspondence from the applicant's agent advising that this application has been withdrawn. 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 The Committee was in receipt of correspondence from the applicant's agent advising that this application has been withdrawn. NEW BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Leqal Description: A 2003-012 The Old Mill Partnership 7B, 350 Doon Valley Drive Unit 3, W.S.C.P. No. 369 Appearances: In Support: Contra: Mr. Craig Robson None COMMITTEE OF ADJUSTMENT 22 MARCH 18, 2003 1. Submission No.: A 2003-012 (Cont'd) Public Submissions: In Support: None Contra: None The Committee was advised that the applicant requests legalization of a rearyard of 6.413 m (21 ft.) rather than the required 7.5 m (24.6 ft.). At the request of Mr. Robson, the Committee agreed to defer and refer consideration of this application to its April 8, 2003 meeting. Submission No.: Applicant: Property Location: Leqal Description: Appearances: In Support: Contra: Public Submissions: In Support: Contra: A 2003-013 Mary Victoria Clow 21 Fairview Avenue Part Lot 24, Registered Plan 77 Mr. Don Travers None None None The Committee was advised that the applicant requests legalization of a triplex on a lot having an area of 365 m2 (3,928.95 sq. ff.) rather than the required 495 m2 (5,328.3 sq. ff.) and a width of 9.99 m (32.78 ft.) rather than the required 15 m (49.21 ft.). Mr. Travers requested derferral of this application to the Committee's April 29, 2003 meeting, and the Committee agreed to this request. Submission No.: Applicant: Property Location: Leqal Description: Appearances: In Support: Contra: Public Submissions: In Support: Contra: A 2003-014 Lowkmar A. Amoen 105 Waterloo Street Part Lots 1 & 24, Registered Plan 428 Mr. Lowkmar Amoen None None None The Committee was advised that the applicant requests legalization of a triplex on a lot having a width of 11.5 m (37.72 ff.) rather than the required 15 m (49.21 ff.). The Committee considered the comments of the Planning Division, dated March 13, 2003, in which they recommend approval of the application on condition that the approval applies only to the existing building. COMMITTEE OF ADJUSTMENT 23 MARCH 18, 2003 Submission No.: A 2003-014 (Cont'd) The Committee considered the comments of the Director of Building, dated March 6, 2003, and the Transportation Planning Division dated March 13, 2003, advising they have no concerns with this application. Moved by Mr. P. Britton Seconded by Mr. B. Issac That the application of Lowkmar A. Amoen requesting legalization of a triplex on a lot having a width of 11.5 m (37.72 ff.) rather than the required 15 m (49.21 ff.) on Part Lots 1 & 24, Registered Plan 428, 105 Waterloo Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance approved in this application shall apply only to the building as it existed on March 13, 2003. 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. Submission No.: Applicant: Property Location: Leqal Description: Appearances: In Support: Contra: Public Submissions: In Support: Contra: Other: A 2003-015 Terry & Lori Cameron 22 Grenville Avenue Part Lots 40 & 41, Registered Plan 242 Carried Mr. & Mrs. Terry Cameron None None None Canadian National Railway Properties Inc. The Committee was advised that the applicant requests permission to convert a duplex to a triplex on a lot having a width of 13.71 m (45 ff.) rather than the required 15 m (49.21 ff.). The Committee considered the comments of the Planning Division, dated March 10, 2003, in which they recommend approval of this application. The Committee considered the comments of the Director of Building, dated March 6, 2003, in which he advises that the applicants must contact the Building Division respecting a building permit to convert a duplex to a triplex. The Committee considered the comments of the Transportation Planning Division, dated March 13, 2003, advising they have no concerns with this application. The Committee considered correspondence from Mr. Geoff Woods, Development Review Co- ordinator, Canadian National Railway Properties Inc., dated March 14, 2003, requesting the COMMITTEE OF ADJUSTMENT 24 MARCH 18, 2003 Submission No.: A 2003-015 (Cont'd) Committee impose conditions related to noise levels and abatement measurers due to this property's proximity to a CNR right-of-way, should the Committee approve this application. Moved by Mr. B. Issac Seconded by Mr. P. Britton That the application of Terry & Lori Cameron requesting permission to convert a duplex to a triplex on a lot having a width of 13.71 m (45 ff.) rather than the required 15 m (49.21 ff.) on Part Lots 40 & 41, Registered Plan 242, 22 Grenville Avenue, 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 Municipal Plan is being maintained on the subject property. Carried CONSENT 1. Submission No.: Applicant: Property Location: Legal Description: B 2003-008 673099 Ontario Limited Huron Road & Proposed Strasburg Road Part Lots 11,12 & 13, Biehn's Tract, Part of Lot 11, Biehn's Tract being a Mill Rade shown on Registered Plan 640, Lots 148, 149, 150, 162 and 163 & part Lots 19-24, 151-160, 176-180, 189, 190, Part of Margaret Street Closed, Part of William Street Closed, and Part of Closed Road lying northeasterly of and abutting Lots 155, 162, & 163, Registered Plan 640 Mr. P. Britton declared a pecuniary interest in this application, as his firm represents the applicant, and did not participate in any discussion or voting with respect to this application. In accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining 2 members. Appearances: In Support: Ms. Carol Wiebe Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant requests permission to convey a parcel of land having a width on Huron Road of approximately 563.1 m (1.847.44 ff.) and an area of approximately 45.623 ha (112.73 acres). Both the lands to be severed and the lands to be retained are the subject of application for plans of subdivision and zone change. The Committee considered the comments of the Planning Division, dated March 11, 2003, recommending approval of the application. COMMITTEE OF ADJUSTMENT 25 MARCH 18, 2003 1. Submission No.: B 2003-008 (Cont'd) The Committee considered the comments of the Director of Building, dated March 6, 2003, the Transportation Planning Division, dated March 13, 2003, and the Region of Waterloo, dated March 12, 2003, all advising they have no objection to this application. The Committee considered the Plan Review Report of the Grand River Conservation Authority, dated March 10, 2003, advising that their issues with respect to the severed and retained lands will be addressed during the subdivision approval process. Moved by Mr. B. Issac Seconded by Mr. P. Kruse That the application of 673099 Ontario Limited requesting permission to convey a parcel of land having a width on Huron Road of approximately 563.1 m (1,847.44 ff.) and an area of approximately 45.623 ha (112.73 acres) on Part Lots 11, 12 & 13, Biehn's Tract, Part of Lot 11, Biehn's Tract being a Mill Race shown on Registered Plan 640, Lots 148, 149, 150, 162 and 163 & Part Lots 19-24, 151-160, 176-180, 189, 190, Part of Margaret Street Closed, Part of William Street Closed, and Part of Closed Road lying northeasterly of and abutting Lots 155, 162, & 163, Registered Plan 640, Huron Road and proposed Strasburg Road Extension 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 March 18, 2005. Carried Submission No.: Applicant: Property Location: Leqal Description: Appearances: In Support: B 2003-009 Siekmann Capital Inc. 353 Manitou Drive Part Lot 5, Registered Plan 1489 Mr. Jason Rolson Mr. Matthias Beckerman Contra: None Public Submissions: In Support: None Contra: None COMMITTEE OF ADJUSTMENT 26 MARCH 18, 2003 Submission No.: B 2003-009 (Cont'd) Other: Canadian National Railway Properties Inc. The Committee was advised that the applicant requests permission to convey a parcel of land having a width on Manitou Drive of 56.2 m (184.38 ff.) by a depth along Sasaga Road of 114 m (374 ft.) and an area of 0.74 ha (1.82 acres) to be used as a kitchen showroom and training centre. The Committee considered the comments of the Planning Division, dated March 10, 2003, recommending approval of the application, subject to arrangements being made with the Engineering Division for service connections, boulevard landscaping, and driveway ramp. Further, should there be any outstanding property taxes and / or local improvement charges, they must be paid. The Committee considered the comments of the Region of Waterloo, dated March 12, 2003, advising they have no objections to this application provided their requested conditions are imposed, should this application be granted. The Committee was of the opinion that the Region's conditions could be satisfied through the site plan approval process. The Committee noted the comments of the Director of Building, dated March 16, 2003, and the Transportation Planning Division, dated March 13, 2003, indicating no concerns with this application. The Committee considered correspondence from Mr. Geoff Woods, Development Review Co- ordinator, Canadian National Railway Properties Inc., dated March 14, 2003, requesting conditions be imposed, should this application be granted, relative to this property's proximity to a CNR right- of-way. Moved by Mr. P. Britton Seconded by Mr. B. Issac That the application of Siekmann Capital Inc. requesting permission to convey a parcel of land having a width on Manitou Drive of 56. 2 m (184.38 ft.) by a depth along Sasaga Road of 114 m (374 ft.) and an area of 0.74 ha (1.82 acres) on Part Lot 5, Registered Plan 1489, 353 Manitou Drive, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the owner shall either make financial arrangements to the satisfaction of the City's Engineering Services for, or enter into an agreement with the City of Kitchener, in a form satisfactory to the City Solicitor, in order to make financial arrangements, to the satisfaction of the City's Engineering Services for the following: (a) Installation of all new service connections to the severed lands; and (b) Installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp on the severed lands. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal properties 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. COMMITTEE OF ADJUSTMENT 27 MARCH 18, 2003 Submission No.: B 2003-009 (Cont'd) 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 March 18, 2005. Submission No.: Applicant: Property Location: Legal Description: B 2003-011 & B 2003-012 Willis Aluminum Glasgow Street Carried Part Lot 38, German Company Tract, being Part 5, Reference Plan 58R-6375 Appearances: In Support: Messrs. D. & M. Willis Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant requests permission to convey 2 parcels of land each having a width on Glasgow Street of 16.46 m (54 ff.) by a depth of approximately 138.53 m (454.49 ff.) and an area of 2,280.2 m2 (24,544.67 sq. ft.), each parcel to contain a residence and contractor's shop. Mr. D. Willis advised the Committee that he is withdrawing these applications. Submission No.: Applicant: Property Location: Legal Description: B 2003-013 Westland Holdings Inc. 263 Plains Road Part Lot 15, Biehn's Numbered Tract, being Part 2, Reference Plan 58R-6669, and Part Lot 8, Beasley's New Survey and Part Lot 15, Biehn's Numbered Tract, being Part 2, Reference Plan 58R-543; subject to a right-of-way along and over Part Lot 8, Beasley's New Survey and Part 2, Reference Plan 58R-543; and, Part Lot 14, Biehn's Nuimbered Tract, being Part 1, Reference Plan 58R-7038, together with a right-of-way over Parts 2, 3 & 4, Reference Plan 58R-703& Part 2~ Reference Plan 58R-543 Mr. P. Britton declared a pecuniary interest in this application as his firm has undertaken work on behalf of the Region of Waterloo on a growth management study for this area of the City of Kitchener, and did not participate in any discussion or voting with respect to this application. In accordance with the Municipal Conflict of Interest Act, this application was considered by the remaining 2 members. Appearances: In Support: Mr. Zyg Janecki Contra: None Public Submissions: In Support: None COMMITTEE OF ADJUSTMENT 28 MARCH 18, 2003 4. Submission No.: B 2003-013 (Cont'd) Contra: None Mr. P. Kruse, Chair, Advised those in attendance that he had been contacted by the applicant's agent concerning this application, prior to this meeting. The Committee was advised that the applicant requests permission to sever the mortgages covering these 2 parcels of land so that each parcel has only 1 of the 2 existing mortgages applying to it. The Committee considered the comments of the Planning Division, dated March 13, 2003 in which they recognize this application is a consent for mortgage purposes; however, recognizing that should the owner default on the mortgage, and the land be conveyed separately, the property would not meet the requirements of the Municipal Plan and Zoning By-law. The Planning Division requests an agreement be entered into, to be registered on title, acknowledging these planning deficiencies. The Committee considered the Plan Review Report from the Grand River Conservation Authority, dated March 10, 2003, noting that the severed lot contains a small wetland pocket, and that any future construction or other alteration will require the Authority's prior written approval. The Committee considered the comments of the Region of Waterloo, dated March 12, 2003, and the City's Transportation Planning Division, dated March 13, 2003, advising they have no objection to this application. The Committee noted the comments of the City's Director of Building, dated March 6, 2003, advising of the necessity for a geo-technical investigation confirming the suitability of the severed lot for a private in-ground sewage disposal system. Mr. Z. Janecki agrued against Condition #1 requested by the City's Planning Division, advising the mortgagee will not enter into such an agreement, and to have such an agreement on title will hinder the property owner's ability to obtain future financing. Mr. Janecki put forward an alternate condition for the Committee's consideration. The Committee agreed with Mr. Janecki's position that staff's requested condition would hinder the property owner's ability to obtain financing for the property. Also, it was the Committee's position that should each of the two parcels be available for sale, any proposed purchaser would investigate its compliance with planning and zoning requirements. Following discussion between the Committee, Mr. Janecki and Mr. Sloan, the Committee agreed to the following wording of the condition: "That the owner shall deposit/register on title an acknowledgement, in a form satisfactory to the City Solicitor, that as separate conveyable properties, the properties may not comply with the City's Municipal Plan and Zoning By-law." Moved by Mr. P. Kruse Seconded by Mr. B. Issac That the application of Westland Holdings Inc. requesting permission for a severance for mortgage purposes, on Part Lot 15, Biehn's Numbered Tract, being Part 2, Reference Plan 58R-6669, Part Lot 8, Beasley's New Survey, and Part Lot 15, Biehn's Numbered Tract, being Part 2, Reference Plan 58R-543; Subject to a right-of-way for ingress and egress for persons, animals and vehicles through, along and over Part of Said Lot 8, Beasley's New Survey and Part of Said Lot 15, Biehn's Numbered Tract, being Part 2, Reference Plan 58R-543; and on Part Lot 14, Biehn's Numbered Tract, being Part 1, Reference Plan 58R-7038, Together with a right-of-way over Part of Lot 15, Biehn's Numbered Tract, being Part 2 Reference Plan 58R-7038, and Part 2, Reference Plan 58R- 543 Together with a right-of-way over Part of Lots 158, 159 and 160, German Company Tract, being Parts 3 and 4, Reference Plan 58R-7038, 263 Plains Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions: COMMITTEE OF ADJUSTMENT 29 MARCH 18, 2003 4. Submission No.: B 2003-013 (Cont'd) That the owner shall deposit/register on title an acknowledgement, in a form satisfactory to the City Solicitor, that as separate conveyable properties, the properties may not comply with the City's Municipal Plan and Zoning By-law. 2. 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 March 18, 2005. Carried Submission No.: Applicant: Property Location: Legal Description: B 2003-014 410 King Properties Limited 410 King Street West Lots 59, 112, 13, 115, 116, 117 & 118, and Part Lots 56, 57, 58, 110, 111, 114 & 119, Registered Plan 374, and Lots 23 & 79, Street & Lanes Submission No.: Applicant: Property Location: Legal Description: - and - B 2003-015 45 Victoria Street North Limited 45 Victoria Street North Lots 60, 61 & 62, Registered Plan 374 Appearances: In Support: Mr. William Green Mr. Mitchell Faskin Contra: None Public Submissions: In Support: None Contra: None The Committee was advised that the applicant requests permission to convey 2 lot additions to the abutting property. This first lot addition has an irregular shape and an area of 0.236 ha (0.583 acres), the applicant reserving a right-of-way for access and parking. The second lot addition is a subsurface lot addition having an irregular shape, having an area of 0.22 ha (0.543 acres). The applicant also requests permission to give a right-of-way for parking and access to the abutting property over the subsurface lot addition and the retained lands. COMMITTEE OF ADJUSTMENT 30 MARCH 18, 2003 5. Submission Nos. B 2003-014 & B 2003-015 (Cont'd) The Committee was further advised that in Submission No. B 2003-015 the applicant requests permission to give a right-of-way for access and parking over the entire property to the abutting property at 410 King Street West. The Committee considered the comments of the City's Planning Division, dated March 13, 2003, advising of the proposed development for these properties. The comments also review the situation with respect to contamination on these sites, its remediation, and the required Records of Site Conditions. They recommend approval of these applications subject to conditions. The Committee considered correspondence from Ms. L. MacDonald, dated March 18, 2003, providing clarification to Condition No. 4 as outlined in the Planning Division comments, requiring acknowledgement from the property owner that the holding provision, identified in the Zoning By-law, shall be retained for any portion of the building located on Part 2 of the severance plan, until the Ministry of the Environment is satisfied that the concentration of the contamination on that part is conducive to residential use. The Committee considered comments from the Region of Waterloo, dated March 12, 2003, in support of these applications, and identifying the same concerns as the City of Kitchener with respect to the contamination. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated March 4, 2003, requesting conditions to ensure the provision of electrical servicing to the severed lands. The Committee considered the comments of the Director of Building, dated March 6, 2003, and the Transportation Planning Division, dated March 13, 2003, advising they have no concerns with these applications. Mr. Green displayed the severance sketches and explained these applications, noting that approval in principle has been received from the City of Kitchener for the proposed development. He advised that there is some residual contamination on Part 2 of the severance sketch, and attempts are being made to obtain a clean Record of Site Condition. He also advised that the contaminated ground water is being cleaned on 45 Victoria Street North, and no building permits will be requested for 45 Victoria Street North while this treatment is taking place. Mr. M. Faskin advised that the owners have worked closely with the City of Kitchener on the proposed development of this site, and are satisfied that through their requested conditions the City can maintain the necessary control. Mr. Britton expressed concern with maintaining the structural integrity of the portion of the building located above the subsurface lot addition. He stated that no portion of the building at 410 King Street West should be conveyed with the lot addition, and the structural integrity of the building must be maintained at all times, to the satisfaction of the Chief Building Official. The Committee noted the requested conditions of Kitchener-Wilmot Hydro, and at the request of Mr. Green, agreed to consider an amendment to the applications for easements, as required, by all utility companies. With respect to the conditions requested by the Region, Mr. B. Sloan advised that they have been included in the City's requested conditions. Submission No. B 2003-014 Moved by Mr. P. Britton Seconded by Mr. B. Issac That the application of 410 King Properties Limited requesting permission to convey 2 lot additions to the abutting property: the first having an irregular shape and an area of 0.236 ha (0.583 acres), the applicant reserving a right-of-way for access and parking; the second being a subsurface lot addition having an irregular shape, having an area of 0.22 ha (0.543 acres); permission to give a right-of-way for parking and access to the abutting property over the subsurface lot addition and COMMITTEE OF ADJUSTMENT 31 MARCH 18, 2003 5. Submission No.: B 2003-014 & B 2003-015 (Cont'd) the retained lands, and permission for any required utility easements, on Lots 59, 112, 13, 115, 116, 117 & 118, and Part Lots 56, 57, 58, 110, 111, 114 & 119, Registered Plan 374, and Lots 23 & 79, Street & Lanes, 410 King Street West, Kitchener, Ontario, BE GRANTED, subject to the following conditions: That the lands to be severed in this application shall be added to the abutting lands and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act. That the owner shall submit to the Director of Planning, for approval, a Draft Reference Plan(s), showing the proposed rights-of-way and describing the proposed vertical and horizontal property limits for Parts 1 and 2 on the draft Severance Plan dated January 9, 2003; which shall not include any portion of the building at 410 King Street West. 3. That the owner shall provide to the Director of Planning, and provide a copy to the Region of Waterloo, with a Record of Site Condition for the retained lands acknowledged by the M©E. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of both the severed and retained lands, acknowledging that the City shall not lift the existing "H" Holding Provision on any portion of the building situated above Part 2 (to be described as a separate Part on the Reference Plan) or on Part 2 on the draft Severance Plan dated January 9, 2003 until the City is in receipt of a letter from the M©E or its delegated authority confirming that the site decommissioning, as required by Kitchener Zoning By-law (85-1), has been carried out and the concentration of contamination has been reduced to a level condusive for residential use on the lands. The owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor, and registered on title to the severed lands (Part 1 on the draft severance Plan dated January 9, 2003), which shall acknowledge: (a) That prior to the issuance of any building permits on the severed lands (Part 1) not including any permits for site services, the owner shall undertake a Site Assessment in accordance with the Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site Condition, acknowledged by the Ministry of Environment, shall be provided to the City's Director of Planning; and (b) That written confirmation from an Environmental Consultant shall be provided to the City's Chief Building Official or the Director of Engineering certifying that any grading or excavation on the severed lands,(Part 1), will not disturb or come into contact with the sub-surface contamination. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the retained parcel, to include the recommendations of the approved Noise Study as follows: a) Prior to final approval by the Chief Building Official, an acoustical engineer shall review the building plans of the development to refine and specify particular noise attenuation features to be incorporated into the design of the building envelope, and for any mechanical systems with potential off-site noise impact. b) Prior to the issuance of building permits for this development, the Building Division or a qualified acoustical engineer shall review the plans to certify that the noise control measures recommended in the detailed noise study have been incorporated. c) Prior to the issuance of occupancy permits for this development, the Kitchener Building Inspector or a qualified acoustical engineer shall certify that the required noise control measures have been properly installed and constructed. COMMITTEE OF ADJUSTMENT 32 MARCH 18, 2003 5. Submission No.: B 2003-014 & B 2003-015 (Cont'd) That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and the retained lands containing the following warning clauses for traffic noise: a) Purchaser/tenants are advised that outdoor sound levels due to increasing road and rail traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the noise criteria of the Municipality and the Ministry of the Environment. This dwelling unit has been supplied with a central air conditioning system which will allow windows to remain closed, thereby ensuring that the indoor sound levels are within the noise criteria of the Municipality and the Ministry. b) Warning: Canadian National Railway or its assigns or successors in interest has or have a right-of-way within 300 metres from the land subject hereof. There may be alteration to or expansions of these railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individuals dwellings. CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way. That the owners of 410 King Street West and 45 Victoria Street North shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access and parking are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of both properties. 9. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal propriety taxes and/or local improvement charges. 10. That the owners of 410 King Street West and 45 Victoria Street North shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of both properties, to ensure that the structural integrity of the building at 410 King Street West shall be maintained to the satisfaction of the City's Chief Building Official. 11. That the owner shall make satisfactory arrangements with the utility companies for the provision of those utilities, to their satisfaction, including any easements required by the utility companies. 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 March 18, 2005. Carried COMMITTEE OF ADJUSTMENT 33 MARCH 18, 2003 Submission No.: B 2003-014 & B 2003-015 (Cont'd) Submission No. B 2003-015 Moved by Mr. P. Britton Seconded by Mr. B. Issac That the application of 45 Victoria Street North Limited requesting permission to give a right-of-way for access and parking to the abutting property at 410 King Street West and permission for any required utility easements on Lots 60, 61 & 62, Registered Plan 374, 45 Victoria Street North, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owners of 410 King Street West and 45 Victoria Street North shall enter into an agreement, to be approved by the City Solicitor, which will ensure that rights-of-way for access and parking are maintained in perpetuity, and provide confirmation that said agreement has been registered against the title of both properties. 2. That the owner shall make satisfactory financial arrangements with the City of Kitchener for the payment of any outstanding municipal propriety taxes and/or local improvement charges. 3. That the owner of 410 King Street West and 45 Victoria Street North shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of both properties, to ensure that the structural integrity of the building at 410 King Street West shall be maintained to the satisfaction of the City's Chief Building Official. 4. That the owner shall make satisfactory arrangements with the utility companies for the provision of those utilities, to their satisfaction, including any easements required by the utility companies. 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 March 18, 2005. Carried CONSENT & MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Leqal Description: Appearances: In Support: B 2003-010 & A 2003-016 William Brian Dugan 26 & 30 Louisa Street Parts of Lot 372 & Part Lot 373, Registered Plan 376 Mr. William Dugan Mr. Peter Miller Contra: None COMMITTEE OF ADJUSTMENT 34 MARCH 18, 2003 1. Submission No.: B 2003-010 & A 2003-016 (Cont'd) Public Submissions: In Support: None Contra: None The Committee was advised that the applicant is requesting permission to convey a parcel of land having a width on Louisa Street of 14.856 m (48.74 ft.), a depth of 37.905 m (124.36 ft.) and having an area of 567 m2 (6,103.3 sq. ff.), for residential use. The severed lands will have an easterly sideyard of 0.4 m (1.31 ft.) rather than the required 1.21 m (4 ff.). The Committee noted the comments of the Planning Division, dated March 6, 2003, in which staff advise that the owner previously applied, in 1985 & 1988, to sever this property. In previous applications both severed and retained lands complied with zoning requirements without need of an Application for Minor Variance. The owner did not follow through with the previous Consent approvals. The recommendation of Planning staff is that the current applications not be approved, as 26 & 30 Louisa Street can be severed in compliance with zoning requirements. The Committee considered the comments of the Region of Waterloo, dated March 12, 2003, the Director of Building, dated March 6, 2003, and the Transportation Planning Division, dated March 13, 2003, each advising they have no objection to these applications. The Committee considered correspondence from Mr. Geoff Woods, Development Review Co- ordinator, Canadian National Railway Properties Inc., dated March 14, 2003, requesting certain conditions be imposed should these applications be approved. Mr. Peter Miller addressed the Committee on behalf of the applicant, advising that the applicant disagrees with the Planning Division comments. Mr. Miller advised that the current Application for Consent would divide these properties along the original property line, and the reason the previous Applications for Consent were not finalized is because they did not meet the applicant's desire to recreate the properties as they existed when he acquired them. Mr. Miller then referred to the (R-5) Residential Five Zone of the City of Kitchener Zoning By-law, particularly the provision for a 0' sideyard. He put forward an amendment to the Application for Consent to move the severance line to provide a 0' sideyard for the single family dwelling and attached garage at 26 Louisa Street. When questioned by the Committee, Mr. Sloan advised that the purpose of the 0' sideyard in the Zoning By-law is for a particular form of housing development where there would be a 3' eaves and maintenance easement on the abutting property. Mr. Sloan advised the 0' sideyard would not apply in this instance as a 4' sideyard can be provided on both 26 & 30 Louisa Street. Mr. Miller requested a further amendment to the Application for Consent to provide a 3' wide maintenance easement on 30 Louisa Street, abutting the proposed new severance line. The Chair asked the Committee members if they wished to put forward a motion to agree to consider Mr. Miller's amendment to the Application for Consent. No such motion was forthcoming, consequently this amendment was not considered. Following further discussion, Mr. Miller put forward an amendment to Submission No. B 2003-010, for the severed and retained lands to have the same dimensions as approved in Submission No. B 10/85 and B 62/88, to create two parcels of land which both comply with the Zoning By-law. COMMITTEE OF ADJUSTMENT 35 MARCH 18, 2003 Submission No.: B 2003-010 & A 2003-016 (Cont'd) Consent B 2003-010 Moved by Mr. P. Britton Seconded by Mr. B. Issac That the application of William Brian Dugan requesting permission to convey a parcel of land having a width on Louisa Street of 15.87 m (52.09 ff.), a depth of 37.905 m (124.35 ff.) and having an area of 602.27 m2 (6,483 sq. ff.), on Part Lot 372, Registered Plan 376, 26 Louisa Street, Kitchener, Ontario, 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 March 18, 2005. Minor Variance A 2003-016 Moved by Mr. P. Britton Seconded by Mr. B. Issac Carried That the application of William Brian Dugan requesting permission for the building on the severed lands to have an easterly sideyard of 0.4 m (1.31 ff.) rather than the required 1.21 m (4 ff.) on Part Lot 372, Registered Plan 376, 26 Louisa Street, Kitchener, Ontario, BE DISMISSED, as this application is no longer required. Carried ADJOURNMENT On motion, the meeting adjourned at 12:00 a.m. Dated at the City of Kitchener this 18th day of March, 2003. Dianne H. Gilchrist Acting Secretary-Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT 36 MARCH 18, 2003