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HomeMy WebLinkAboutAdjustment - 2003-04-08 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD APRIL 8, 2005 MEMBERS PRESENT: Messrs. S. Kay, B. Isaac and P. Britton. OFFICIALS PRESENT: Mr. B. Sloan, Planner and Ms. J. Billett, Secretary-Treasurer. Mr. S. Kay, Chair, called this meeting to order at 9:40 a.m. Moved by Mr. B. Isaac Seconded by Mr. P. Britton That the minutes of the regular meeting of the Committee of Adjustment of March 18, 2003, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Public Submissions: A 2003-012 The Old Mill Partnership 7B, 350 Doon Valley Drive Unit 3, W.S.C.P. No. 369 Mr. Craig Robson None None Mr. Craig Robson addressed the Committee to request that this application be deferred to the next meeting to provide an opportunity for further discussion to take place with City staff. By general consent, it was agreed that this application would be deferred and referred to the April 29, 2003 Committee of Adjustment meeting. The Committee then recessed the meeting, temporarily, at 9:50 a.m., in order to consider applications for minor variance to the City of Kitchener's Sign By-law. This meeting reconvened at 10:05 a.m. NEW BUSINESS MINOR VARIANCE 1. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: A 2003-017 John & Helen Powis 405 Wellington Street North Part Lots 9 & 10, Registered Plan 136 John and Helen Powis COMMITTEE OF ADJUSTMENT 37 APRIL 8, 2003 1. Submission No.: Contra: Public Submissions: A 2003-017 (Cont'd) None None The Committee was advised that the applicant requests legalization of an existing shed, attached to the house, having a sideyard of 0.36 m (1.2 ff.) rather than the required 1.2 m (4 ft.). The Committee was in receipt of the following City staff / agency comments and submissions (if any): public · Planning Division - March 28, 2003 - in support, relative only to the building existing on April 8, 2003; · The following had no concerns or comments with respect to this application: · Director of Building - March 31,2003 · Traffic & Parking Analyst - April 2, 2003 · Region of Waterloo- April 1,2003 · Grand River Conservation Authority- March 27, 2003. Mr. S. Kay reviewed the comments, noting that staff are recommending approval of the application relative only to the building existing on April 8, 2003. The Committee viewed photographs of the subject property submitted with the application. Mr. John Powis attended in support of the application and advised that he was in agreement with the staff recommendation. Moved by Mr. P. Britton Seconded by Mr. B. Isaac That the application of John and Helen Powis requesting legalization of an existing shed, attached to the house, having a sideyard of 0.36 m (1.2 ft.), rather than the required 1.2 m (4 ff.), on Part Lots 9 & 10, Registered Plan 136, 405 Wellington Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall apply only to the building existing on April 8, 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. Carried Submission No.: Applicant: Property Location: Legal Description: A 2003-018 Ernest & Dianne DeBeau 131 Mansion Street Part Lots 13 & 14, Registered Plan 144 Appearances: In Support: Ernest & Dianne DeBeau Contra: Mr. Ray Sharpe Mr. Martin Missio COMMITTEE OF ADJUSTMENT 38 APRIL 8, 2003 Submission No.: A 2003-018 (Cont'd) Public Submissions: In Support: None Contra: Mr. William Best The Committee was advised that the applicant requests legalization of a 5 room lodging house on a lot having an area of 193.2 m2 (2,079.65 sq. ft.) rather than the required 495 m2 (5,328.3 sq. ff.), and permission to provide the required 2 off-street parking spaces in tandem in the existing driveway rather than side by side. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Planning Division - April 4, 2003 - opposed; concerns relate to the appropriateness of permitting a lodging house on a lot having less than half the lot area required; the limitations posed by the size of the lot to provide adequate outdoor amenity area or storage facilities for lodgers; and the potential negative impact to surrounding properties if storage material is accumulated in the rearyard; The following had no concerns or comments with respect to this application: · Director of Building - March 31,2003 · Traffic & Parking Analyst - April 2, 2003 · Region of Waterloo- April 1,2003 · Grand River Conservation Authority- March 27, 2003; Mr. William Best - March 26, 2003 - opposed; concerns relate to the percentage of the variance requested for lot area and property standards issues concerning outdoor storage of material and garbage on the property. Mr. S. Kay reviewed the comments, noting that Planning staff are recommending refusal of the application based on the small size of the lot, impact of outdoor storage on existing amenity space and potential negative impact to neighbouring properties. Mr. & Mrs. E. DeBeau attended in support of their application and commented that they have operated a lodging use on the subject site for a number of years without complaint. They further advised that while they do not live at the site during summer months, they ensure the property is monitored. Messrs. M. Missio and R. Sharpe attended in opposition to the applicaton and raised concerns regarding property standards issues, the ability of the small size of the lot to accommodate the lodging house use and the potential negative impact the use may have on their properties. They also noted that the neighbourhood has been evolving over the last several years by reverting back to single residential uses and expressed the opinion the proposed use is not in keeping with this pattern. In response to questions, Mr. B. Sloan, Planner, commented on license requirements for a lodging house and the intent of the City's Vacuum By-law. He also provided explanation between the current occupancy of the dwelling, considered to be single residential, and occupancy requirements of a lodging house use. Mr. Britton enquired if the applicants would accept a condition of approval to restrict the lodging house use to a maximum of 6 residents. The applicants concurred with this suggestion. Mr. R. Sharpe raised concern with perpetuity of the proposed use in the event the property is sold. Mr. Britton advised that the Committee does not have jurisdiction to regulate tenure. The Committee discussed issues related to accumulation of garbage and outdoor storage on the property and the applicants advised that storage is available in an existing shed located in the rearyard, as well as limited space in the basement of the dwelling. Discussion also took place COMMITTEE OF ADJUSTMENT 39 APRIL 8, 2003 Submission No.: A 2003-018 (Cont'd) with respect to the requested variance for tandem parking and it was pointed out that staff have indicated in their comments that such arrangements are not uncommon and have been approved in past applications. Mr. P. Britton brought forward a motion to approve the variances as requested, subject to the lodging house use being restricted to a maximum of 6 residents, whether related or unrelated. Mr. S. Kay expressed concerns with the size of the lot not meeting the intent of the Zoning By- law, lack of available storage and amenity space, and the potential negative impact to surrounding properties. He requested that consideration be given to amending the motion to require an agreement be registered on title that would restrict the number of residents for the lodging house use to a maximum of 5 whether related or unrelated, and prohibit outdoor storage of any material or garbage on the subject property, except as otherwise contained in the existing storage shed located in the rearyard. Mr. Britton accepted the amendment and asked that provision for the tandem parking area to be designed to the satisfaction of the Director of Planning also be included as a condition of approval. Moved by Mr. P. Britton Seconded by Mr. B. Issac That the application of Ernest and Dianne DeBeau requesting legalization of a lodging house on a lot having an area of 193.2 m2 (2,079.65 sq ff.), rather than the required 495 m2 (5,328.3 sq. ft.), and permission to provide the required 2 off-street parking spaces in tandem, rather than side by side, on Part Lot 13 & 14, Registered Plan 144, 131 Mansion Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That subject to the satisfaction of the City Solicitor, the owner shall enter into an agreement to be registered on title, to include the following: a) That the lodging house use as approved in Minor Variance Application, Submission No. A 2003-018, shall be restricted to a maximum of 5 residents. b) That no outdoor storage of any materials or garbage whatsoever shall be permitted on the property at any time, except that which is contained within the existing shed located in the rear yard of the subject property. That a parking location plan indicating the location and dimensions for the tandem parking spaces on the property shall be provided to the satisfaction of the Director of Planning and that the on-site parking shall be maintained in accordance with the approved plan. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: Applicant: Property Location: Legal Description: A 2003-019 Flying Dutchman Motor Inn (Kitchener) Limited 4278 King Street East Part of Lot 9, Beasley's Broken Front Concession Appearances: In Support: Mr. Rick Reichard Mr. Manfred Conrad COMMITTEE OF ADJUSTMENT 40 APRIL 8, 2003 Submission No.: A 2003-019 (Cont'd) Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to use 100% of a proposed building for office use rather than the permitted 25%. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Planning Division - April 1, 2003 - opposed; concerns relate to the application not meeting the intent of the City's Zoning By-law as current zoning regulation clearly intends not to allow free-standing office; Region of Waterloo - March 28, 2003 - comments concern private wells existing in the site area and recommend a survey be undertaken to identify former wells on the site so they can be properly capped in accordance with Ministry of Environment standards to prevent any potential for ground water contamination; Ministry of Transportation - March 28, 2003 - comments outline MTO requirements, including: building/land use and sign permits required prior to any grading/construction; no direct access to Highway 8 is permitted; minimum setback requirement for the structure proposed is 14 m; minimum setback for parking lots and signs is 3 m; stormwater management report and grading/drainage plans to be submitted for review prior to MTO permit approvals; The following had no concerns or comments with respect to this application: · Director of Building - March 31,2003 · Traffic & Parking Analyst - April 2, 2003 · Grand River Conservation Authority- March 27, 2003. Mr. S. Kay reviewed the comments, noting that staff are recommending refusal of the application as the use is not currently permitted in C-6 Zoning. It was noted that revisions to the C-6 Zoning are proposed by the City and when complete, will ultimately permit the use. Messrs R. Reichard and M. Conrad attended in support of the application. Mr. Reichard advised that the variance request is technical in nature as the applicant wishes to proceed ahead of planned revisions to the C-6 Zoning. He advised that staff are supportive of the development plans for the site and requested that the Committee view the application in a similar manner to an approval granted to a previous application concerning a property at Victoria Street and Margaret Avenue. In the previous application, he noted that the percentage of the proposed use was considered relative to the overall development on the site. He asked that the office use proposed under the current application be considered as one component of the overall site. In response to questions, Mr. B. Sloan, Planner, commented on the intent of the current zoning and advised that staff would be supportive of a site specific zone change application. He also stated that if the Committee chose to view the site as requested by the applicant, staff would be agreeable to variance approval based on restriction of the office use to a certain percentage of the total floor area of the overall development and a maximum floor space ratio of 0.5. Mr. P. Britton referred to comments of the Ministry of Transportation (MTO) and the Region of Waterloo and questioned if their concerns could be dealt with during the site plan approval process. Mr. B. Sloan advised that MT© requirements could be dealt with as suggested; however, expressed the opinion that it would be appropriate to address the issue of capping redundant wells on the subject site, as requested by the Region. 3. Submission No.: A 2003-019 (Cont'd) COMMITTEE OF ADJUSTMENT 41 APRIL 8, 2003 Moved by Mr. P. Britton Seconded by Mr. B. Issac That the application of the Flying Dutchman Motor Inn (Kitchener) Limited requesting permission to use 100% of a building for office use, rather than the permitted 25%, on Part Lot 9, Beasley's Broken Front Concession, 4278 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the office component for this development not exceed 25% of the total floor area of the entire development on the subject site. 2. That the free-standing office use have a maximum Floor Space Ratio of 0.5. 3. That a survey be undertaken to identify former wells located on the subject site. Any redundant wells identified on the completed survey shall be decommissioned in accordance with the Ministry of Environment standards, to the satisfaction of the Chief Building Official, by no later than December 8, 2003. No extension to the completion date shall be granted unless approved in writing by the Director of Planning prior to the completion date set out in this decision. 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: Legal Description: A 2003-020 Patrick Duval 18 Wellington Street South Part Lot 74, Registered Plan 377 Appearances: None Public Submissions: None Carried Submission No.: Applicant: Property Location: Legal Description: A 2003-021 Frederick & Heather Walberg / Peter Walberg 340 Wellington Street North Part Lots 1 & 2, Registered Plan 125 Appearances: In Support: Mr. Peter Walberg Contra: None Public Submissions: In Support: Submission No.: Ms. Pamela Brown Ms. Connie Compton Ms. Elizabeth Chafe & Mr. Peter Vanhecke Ms. Linda Miller A 2003-021 (Cont'd) As no one appeared in support of the application, the Committee agreed to defer consideration of this application to the April 29, 2003, Committee of Adjustment meeting. COMMITTEE OF ADJUSTMENT 42 APRIL 8, 2003 Contra: None The Committee was advised that the applicants request permission to convert a single family dwelling to a triplex on a lot having a width of 12.19 m (40 ff.) rather than the required 15 m (49.2 ff.), an area of 297.19 m2 (3,199 sq. ff.) rather than the required 495 m2 (5,328.3 sq. ff.), and permission for a building height of 11.4 m (37.4 ff.) rather than the permitted 10.5 m (34.44 ft.). The Committee was in receipt of the following City staff / agency comments and public submissions (if any): Planning Division - March 26, 2003 - in support subject to the parking area being developed in accordance with the applicants plan; it is also noted that the variance requested for an increased building height is not required as the building height is legalized by the City's Vacuum By-law; · Director of Building - March 31,2003 - in support subject to a building permit being obtained; · Traffic & Parking Analyst - April 2, 2003 - in support; it is noted that the proposed parking layout would probably only permit vehicles to exit the driveway in a reverse motion; The following had no concerns or comments with respect to this application: · Region of Waterloo -April 2, 2003 · Grand River Conservation Authority- March 27, 2003; Letters of support from the following neighbouring property owners: · Pamela Brown - March 28, 2003 · Connie Compton- March 29, 2003 · Elizabeth Chafe & Peter Vanhecke - March 28, 2003 · Linda Miller- March 31,2003. Mr. Peter Walberg submitted the letters of support from neighbouring property owners and advised that he had met with them to explain his proposal. In response to a question, Mr. Walberg advised that all units will have inside storage space. Moved by Mr. B. Issac Seconded by Mr. P. Britton That the application of Frederick Walberg, Heather Walberg and Peter Walberg requesting permission to convert a single family dwelling to a triplex on a lot having a width of 12.19 m (40 ff.), rather than the required 15 m (49.2 ff.), and an area of 297.19 m2 (3,199 sq. ft.), rather than the required 495 m2 (5,328.3 sq. ft.), on Part Lots 1 & 2, Registered Plan 125, 340 Wellington Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit prior to conversion of the single family dwelling to a triplex. That prior to the issuance of a building permit and subject to the satisfaction of the Director of Planning, the parking area shall be developed in general accordance with the plan dated March 2003 as submitted with Minor Variance Application, Submission No. A 2003- 021. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried Submission No.: A 2003-023 COMMITTEE OF ADJUSTMENT 43 APRIL 8, 2003 Applicant: Property Location: Legal Description: Zevest Development Corporation Ltd. 607 King Street West Lot 67 & Part Lots 22 to 25, 68, 69 & 489, Registered Plan 377 and Lot 109 & Part of Lot 112, Streets & Lanes Appearances: In Support: Mr. Scott Patterson Mr. Don Zehr Contra: None Public Submissions: None The Committee was advised that the applicant requests permission to develop a car wash to have 2 vehicle waiting spaces for each bay rather than the required 4 waiting spaces, and 2 spaces for each bay for dry-off, wiping and vacuuming area rather than the required 3 spaces per bay. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - March 26, 2003 - in support subject to a Section 41 Site Plan Agreement; Traffic & Parking Analyst - April 2, 2003 - in support; based on the qualification that this is considered a test case and not an indication of support for a reduction in current by-law requirements; however, an optional design prepared by Planning staff and attached to Planning Division comments is preferred; The following had no concerns or comments with respect to this application: · Director of Building - March 31,2003 · Region of Waterloo -April 2, 2003 · Grand River Conservation Authority- March 27, 2003. Mr. Scott Patterson advised that he had reviewed the comments and was in agreement with the staff recommendation. In response to questions, Mr. Patterson advised that the applicant wishes to proceed with the original site plan design and gave assurance that vehicle stacking would be contained on site. Mr. D. Zehr commented that no objections have been received from other commercial uses on the subject site. He further stated that the proposal was discussed in detail with the adjacent restaurant owner and the response was favourable. Mr. S. Kay stated that he was prepared to support the application based on comments of staff that indicate this is a test case only and not an indication of support for change to existing by-law requirements and based on the fact that no neighbourhood objections have been received. Moved by Mr. S. Kay Seconded by Mr. P. Britton That the application of Zevest Development Corporation Ltd. requesting permission to reduce the number of required stacking spaces for a self-service car wash to two spaces per bay rather than four and to permit a reduction in the number of dry-off and vaccuum spaces to two spaces per bay, rather than 3; on Lot 67 and Part Lots 22 to 25, 68, 69 & 489, Registered Plan 377 and Lot 109 and Part of Lot 112, Streets and Lanes, 607 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 6. Submission No.: A 2003-023 (Cont'd) COMMITTEE OF ADJUSTMENT 44 APRIL 8, 2003 1. That the owner shall enter into a Section 41 Site Plan Agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Manager of Design & Development and registered on title of all the subject lands. Said agreement shall include the provision of curb and/or landscaped islands for the proper delineation of the stacking spaces. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Municipal Plan is being maintained on the subject property. Carried CONSENT Submission No.: Applicant: Property Location: Legal Description: B 2003-016 Lloyd & Kristine Stapleton 17 & 19 MacVille Avenue Part Lots 59 & 60, German Company Tract, designated as Parts 2 & 3 on Registered Plan 58R-2602 Appearances: In Support: Lloyd & Kristine Stapleton Contra: None Public Submissions: None The Committee was advised that the applicants request permission to convey a parcel of land having a lot width on MacVille Avenue of 27.4 m (90 ff.), by a depth of 39.45 m (129.45 ft.) and an area of 1,082.19 m2 (11,650.5 sq. ft.), to continue to be used as a single family dwelling. The Committee was in receipt of the following City staff / agency comments and public submissions (if any): · Planning Division - March 31, 2003 - in support subject to payment of any outstanding municipal property taxes; The following had no concerns or comments with respect to this application: · Director of Building - March 31,2003 · Traffic & Parking Analyst - April 2, 2003 · Region of Waterloo- April 2, 2003 · Grand River Conservation Authority- March 27, 2003. Mr. & Mrs. L. Stapleton attended in support of the application and advised that they were in agreement with the staff recommendation. Moved by Mr. B. Issac Seconded by Mr. P. Britton That the application of Lloyd & Kristine Stapleton requesting permission to convey a parcel of land containing a single residential dwelling, having a lot width on MacVille Avenue of 27.4 m (90 ff.), by a depth of 39.45 m (129.45 ff.) and an area of 1,082.19 m2 (11,650.5 sq. ff.), on Part Lots 59 & 60, German Company Tract, designated as Parts 2 & 3 on Reference Plan 58R-2602, 17 & 19 MacVille Avenue, Kitchener, Ontario, BE GRANTED, subject to the following condition: Submission No.: B 2003-016 (Cont'd) COMMITTEE OF ADJUSTMENT 45 APRIL 8, 2003 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. 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 April 8, 2005. Carried CONSENT & MINOR VARIANCE 1. Submission Nos.: Applicant: Property Location: Legal Description: B 2003-017 & A 2003-022 509132 Ontario Ltd. 200 Woolner Drive Part of Lot 11 & Part of 6.096 m Lane (Closed), Registered Plan 591 Mr. P. Britton declared a pecuniary interest in these applications as his firm acts on behalf of the applicant and did not participate in any discussion or voting with respect to these applications. In accordance with the Municipal Conflict of Interest Act, these applications were considered by the remaining 2 members. Appearances: None Public Submissions: None The Secretary-Treasurer advised that the Planning Division is recommending that these applications be deferred and referred to the April 29, 2003 meeting to allow further review of the applications for the purpose of ensuring that both the retained and severed parcels will be able to function independently with the potential development of the severed parcel of land with a draft plan of subdivision. It was noted in the Planning Division's comments dated March 28, 2003 that the applicant verbally agreed to the deferral. By general consent, it was agreed that Submission Nos. B 2003-017 and A 2003-022 would be deferred and referred to the April 29, 2003 Committee of Adjustment meeting. ADJOURNMENT On motion, the meeting adjourned at 11:45 a.m. Dated at the City of Kitchener this 8th day of April, 2003. Janet Billett, AMCT Secretary-Treasurer Committee of Adjustment