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HomeMy WebLinkAboutAdjustment - 2009-11-17COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 17, 2009 MEMBERS PRESENT: Ms. C. Balcerczyk and Messrs M. Hiscott and A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer, Ms. L. Garovat, Administrative Clerk and Ms. D. Saunderson, Administrative Clerk Mr. M. Hiscott, Vice Chair, called this meeting to order at 10:03 a.m. MINUTES Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the minutes of the regular meeting of the Committee of Adjustment, of October 20, 2009, is mailed to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE Submission Nos.: A 2009-073 Applicant: Daniel J. Dickert Property Location: 364 Wellington Street North Legal Description: Lot 23, Plan 125 Appearances: In Support: D. Dickert Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct an accessory building in the rear yard to have an easterly side yard of 0.409 m (1.34') rather than the required 0.6 m (1.96'). The Committee considered the report of the Development and Technical Services Department, dated November 4, 2009, advising that the subject property is located at 364 Wellington Street North and contains a single detached dwelling and partially constructed detached garage. The subject property is designated as Low Rise Residential in the City's Official Plan and is zoned Residential Five Zone (R-5) with special use provision 129U in By-law 85-1. The special use provision identifies that multiple dwellings are not permitted on the subject property. The applicant is requesting relief from Section 5.5.2(c) of the Zoning By-law to recognize a minimum side yard setback of 0.409 metres for the detached garage, whereas a minimum setback of 0.6 metres would be required. The applicant had initially begun building the shed measuring the setback from an existing chain link fence that he believed ran along the property line between the subject lot and 368 Wellington Street North. Upon surveying the property once the garage foundation was poured, it COMMITTEE OF ADJUSTMENT 231 NOVEMBER 17, 2009 Submission No. A 2009-073 (Cont'd was discovered that the property line ran inside of the chain link fence, and as such, the garage was 0.19 metres (~7.5 inches) closer to the property line than what was permitted. With regards to the variance requesting a minimum side yard setback of 0.409 metres for an detached garage rather than the required 0.6 metres, Planning staff offer the following comments 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. The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The proposed development at 364 Wellington Street North is consistent with the Low Rise Residential designation. Therefore, the proposed variance meets the intent of the Official Plan. The purpose of requiring a 0.6 metre side yard setback is to provide sufficient space for access to all sides of an accessory building on the property as well as adequate separation from neighbouring properties and to allow space for the construction of a foundation. The applicant has provided more than the required setback on the rear and other side yard of the detached garage, and oriented the roof of the structure so that the eaves troughs are located on the front and rear elevations, meaning that maintenance of these and roofing would most likely require only limited access to the subject side yard. Staff's opinion is that the existing setback of 0.409m would continue to allow adequate maintenance access and separation from neighbouring properties and therefore, staff will not be requesting a maintenance easement. Staff is of the opinion that the variance requested is minor in nature considering that the deficiency will not be evident when looking at the location of the building relative to the adjacent property considering that the building was measured off of the fence, and not the property line. At such time as the chain link fence between the two properties is replaced, and if it is reconstructed on the property line and not replaced where it stands today, the accessory building will appear to be the 0.19 metres (~7.5 inches) closer to the property line. As explained above, the owner should still have reasonable space to access that side yard to perform any required maintenance (weed trimming, building repairs, etc) and should not have to encroach on the neighbouring property to do so. The variance can be considered desirable for the appropriate development and use of the land because it will allow the property owner to continue constructing an accessory building that he had believed conformed to the required setback, but in fact did not due to the fence not being located directly on the property line. Until such time as the fence is replaced and/or relocated to sit on the property line, the subject accessory building will appear to meet the side yard setback requirement. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 17, 2009, advising that they have no concerns with this application. The Chair noted the Building Code requirement stated in the Development & Technical Services Department report and advised that it will be included as condition of the Committee's decision. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Daniel J. Dickert requesting permission to construct an accessory building in the rear yard to have an easterly side yard of 0.409 m (1.34') rather than the required 0.6 m (1.96'), on Lot 23, Plan 125, 364 Wellington Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT 232 NOVEMBER 17, 2009 Submission No. A 2009-073 (Cont'd) That the right side wall of the detached garage requires a 45 minute resistance rating, 5/8" Type X Drywall on interior, and non-combustible cladding (aluminium siding). Combustible cladding (vinyl siding) is also permitted when '/z" drywall is installed on the exterior side of the wall below vinyl siding. It is the opinion of this Committee that: 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 Nos.: A 2009-074 Applicant: 2014707 Ontario Inc. Property Location: 2-16 Commonwealth Street Legal Description: Block 158, Registered Plan 58M-344 Appearances: In Support: J. Passy Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for parking spaces within each of the garages accessory to the proposed 8 street fronting townhouse, to have widths of 2.74 m (8.98') rather than the required 3.04 m (10'). The Committee considered the report of the Development and Technical Services Department, dated November 5, 2009, advising that the subject property is located at the northeast corner of Bleams Road and Commonwealth Street in Laurentian West. This vacant parcel of land is legally described as Block 158, 58M-433 and has approximately 65 metres of frontage onto Commonwealth Street and 27 metres of frontage onto Bleams Road. The land in question is designated as Low Rise Residential in the Official Plan and zoned Residential Six (R-6) in Zoning By-law 85-1. The applicant has submitted a site plan application to develop eight (8) townhouse dwelling units with detached garages and a total of 22 parking spaces. The applicant has submitted a minor variance application seeking relief from section 6.1.1.2e) of the By-law for a width of a parking stall inside a garage of 2.74 metres instead of the required 3.04 metres. According to the applicant, the reason for the request is that this identical style of rear lane garage has been successfully built in the Eastbridge Neighbourhood of Waterloo with no issues and that it would be cost prohibitive to re-design the garage to meet Kitchener's standards. 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 for the following reasons. The subject property is designated Low Rise Residential in the Municipal Plan. The intent of this designation is to accommodate a full range of housing types to achieve an overall low intensity. The Official Plan also recognizes and encourages the use of good COMMITTEE OF ADJUSTMENT 233 NOVEMBER 17, 2009 2. Submission No. A 2009-074 (Cont'dl urban design principles. In this case, the use of a rear lane achieves that objective by removing vehicle parking from the front yard thereby providing for a more pleasant and attractive streetscape. The variance meets the intent of the Zoning By-Law for the following reasons. The purpose of the by-law is to ensure an adequate sized parking space is provided inside a garage. While staff question the functionality of a reduced parking stall width, this development provides a surplus of parking spaces so on site parking will not be an issue. Staff recognizes, however, that parking standards do vary from municipality to municipality as is the case here. Waterloo permits this size of parking space and staff has been assured by the applicant that based on their personal experience in building this type of garage in Waterloo, the garage functions well and for its intended use as parking. On a more practical note, it is also an individual choice whether or not to use the garage for parking. There is no guarantee the future owner will use the garage for its intended use nor can the City regulate this. Based on the fact that 22 parking spaces for 8 units are being provided, that parking standards vary, and the applicant's experience in building this identical garage in Waterloo, staff is satisfied that the variance is appropriate for the development and use of the subject lands. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 17, 2009, advising that they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) Resource Planner, dated November 5, 2009, advising that they have no concerns with this application. This parcel of land was already reviewed in conjunction with the greater subdivision application and as such a permit for predevelopment (Pre- grading) on this parcel has already been issued by the GRCA. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of 2014707 Ontario Inc. requesting permission for parking spaces within each of the garages accessory to the proposed 8 street fronting townhouses to have widths of 2.74 m (8.98') rather than the required 3.04 m (10'), on Block 158, Registered Plan 58M-344, 2-16 Commonwealth 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 Nos.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: A 2009-075 Harold & Ilga Gravelsins 369 Keewatin Avenue Lot 34, Plan 1718 S. Sawatzky None COMMITTEE OF ADJUSTMENT 234 NOVEMBER 17, 2009 Submission No. A 2009-075 (Cont'd Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a rear sunroom addition to have a rear yard of 5.53 m (18.14') rather than the required 7.5 m (24.6'). The Committee considered the report of the Development and Technical Services Department, dated October 30, 2009, advising that the subject property is located at 369 Keewatin Avenue, which is located east of Lackner Boulevard and is developed with a single detached dwelling. The property has approximately 15.4 metres of frontage on Keewatin Avenue and an area of approximately 464.5 square metres. It is zoned Residential Three (R-3) in the Zoning By-law and has an Official Plan designation of Low Rise Residential. Relief is being sought from Section 37.2.1 of the Zoning By-law 85-1 where the applicant is requesting a minor variance to reduce the minimum rear yard setback from 7.5 metres to 5.53 metres to allow for the construction of a sunroom in the rear yard. The applicant previously applied for a minor variance for a rear yard setback of 5.98 metres. The minor variance application was approved by the Committee of Adjustment at the meeting dated September 15, 2009. However, it was later realized by staff that an additional 0.45 metres setback would be required to accommodate the sunroof. Therefore the applicant has now submitted a new minor variance application to correct the discrepancy. 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 meets the intent of the Official Plan. The intent of this designation is to accommodate a full range of housing to achieve an overall low density. The proposed variance will allow the construction of the sunroom, while maintaining the low density character of the property. The variance meets the intent of the Zoning By-law as the purpose of a 7.5 metres rear yard setback is to provide an outdoor amenity space as well adequate separation from neighbouring properties. It is staff's opinion that a setback of 5.53 metres would continue to allow outdoor amenity space to be provided and the impact on neighbouring properties is minimal. The variance is considered minor as there is adequate separation from the proposed addition to abutting residential properties and as such will likely have minimal impact to adjacent lands. The variance is appropriate for the development and use of the land as the proposed configuration of the sunroom on the lot would be consistent with the established development within this neighbourhood and no adverse impacts as a result of this variance are anticipated. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 17, 2009, advising that they have no concerns with this application. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of Harold & Ilga Gravelsins requesting permission to construct a rear sunroom addition to have a rear yard of 5.53 m (18.14') rather than the required 7.5 m (24.6'), on Lot 34, Plan 1718, 369 Keewatin Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT 235 NOVEMBER 17, 2009 Submission No. A 2009-075 (Cont'd) That the owner shall obtain building permit 09 118529 from the City of Kitchener for the sunroom addition. It is the opinion of this Committee that: 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 CONSENT Submission Nos.: B 2009-035 Applicant: The INCC Corp. Property Location: Ira Needles Boulevard Legal Description: Part Lot 39, German Company Tract, being Parts 1, 2 and 3 Reference Plan 58R-16538 Appearances: In Support: P. Britton D. Aston Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to give reciprocal easements and rights-of-way between 2 parcels of land, which will be created once the draft plan of subdivision has been registered; the easements will be for municipal services and the rights-of-way will create shared access between the 2 parcels of land. The Committee considered the report of the Development and Technical Services Department, dated November 4, 2009, advising that the subject property is located at 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 access right-of-ways and servicing easements for a section of the site in order to facilitate the development of one of the proposed retail stores that will make up a larger commercial campus. The applicant's lands within the City of Kitchener are approximately 18.1 hectares (44.7 acres) in area. The applicant had submitted a consent application that was reviewed and approved by the Committee in August 2009 for general access and cross border servicing easements affecting both the City of Waterloo and the City of Kitchener halves of the site. This current application relates to approximately 5.7 hectares of the site adjacent to the proposed re-alignment of Glasgow Street, intended to be leased by the applicant for a period in excess of 21 years. The subject property sits on the border of the City of Kitchener and City of Waterloo. As part of a design brief, a concept plan was created for the site as part of the recent Official Plan / Zoning By-law amendment and pending Cross-Border Servicing Agreement. As well, a Site Plan application has been received by the City of Kitchener and is being reviewed by the City. COMMITTEE OF ADJUSTMENT 236 NOVEMBER 17, 2009 Submission No. B 2009-035 (Cont'd Any buildings and accesses shown on the sketch accompanying this application for consent, have been provided for conceptual purposes and have not been approved by any formal development application processed by the City of Kitchener. These layouts may change depending on the outcome of the review of the 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 be need to be sought from the Committee of Adjustment. Staff is bringing this application forward to the Committee with a recommendation of approval. Staff notes that the proposed parcel to be leased for a term greater than 21 years includes a portion of the site identified to be occupied by another structure in the preferred conceptual plan considered as part of the Design Brief. There is some concern that permitting this area to be conveyed by means of a lease may cause difficulty when it comes to implementing latter stages of the preferred conceptual plan in the Design Brief. As 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 access easements and/or 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 November 16, 2009, in which they advise that the purpose of the application is to give reciprocal easements and rights-of-way between two (2) parcels of land, which will be created once the draft plan of subdivision has been registered (a total of 0.9 ha). The easements will be for municipal services and the rights-of-way will create shared access between the two (2) parcels of land. The lands are also subject of the following planning applications: Official Plan amendment application MP 06/01/G/TMW (MPA 81), Zone Change Application ZC 06/05.G/TMW and Plan of Subdivision 30T-02208. The Region has no objection to this application subject to the following Prior to final approval, the Owner shall enter into an agreement with the Regional Municipality of Waterloo, on terms and conditions satisfactory to the Regional Solicitor, to provide for the following: 1. the physical and financial resources (including the required lands) for the design and construction of a roundabout at Access 5 and Ira Needles Boulevard to the satisfaction of the Regional Municipality of Waterloo. 2. an acknowledgment that no occupancy of the building to be constructed on the lands identified as "Lands to be Conveyed" on the Proposed Severance Plan shall be permitted until the roundabout is fully constructed and operational to the Region's standards. 3. in the event, the roundabout cannot be fully operational within a reasonable time of the request for occupancy (as determined by the Region), the Owner shall grant a right-of-way for access for the benefit of the said lands to be conveyed over the Owner's land to the access at Ira Needles Boulevard and University Avenue on terms satisfactory to the Region. In addition, the Owner shall grant an easement to the Regional Municipality of Waterloo for storm water management purposes over the Lands to the satisfaction of the Region prior to final approval. The terms of the grant of easement for right-of-way access shall provide for the release of such easement upon transfer of any of the Lands that are subject to such easement to a municipality for public road purposes, to the satisfaction of the Regional Solicitor. COMMITTEE OF ADJUSTMENT 237 NOVEMBER 17, 2009 1. Submission No. B 2009-035 (Cont'd) The Committee considered the report of the Grand River Conservation Authority, dated October 29, 2009, in which they advise that they have no objections to this application. Mr. Britton addressed the Committee advising that the owner has already received approval from this Committee for some rights-of-way in favour of lands in the City of Waterloo. Part of the land identified in grey on the plan submitted with this application will be separately owned once the pan of subdivision has been registered. The easements being requested today will benefit this land once it is a separate parcel. Mr. Britton advised that he is in agreement with all City conditions except condition no. 1. He proposed new wording for this condition, which is the exact wording that was used in the decision for B 2009-026, approved by this Committee in August of this year. Ms. Von Westerholt advised that she is in agreement with this requested change. Mr. Britton then requested a change to some wording in a condition requested by the Region as follows: "...In addition, the owner shall grant an easement to the Regional Municipality of Waterloo for storm water management purposes over Lands that are subject to rights-of--way and easements as proposed in this application to the satisfaction of the Region prior to final approval. This change in wording was agreed to by the Committee. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of The INCC Corp. requesting permission to give reciprocal easements and rights-of-way between 2 parcels of land, which will be created once the draft plan of subdivision has been registered; the easements will be for municipal services and the rights-of-way will create shared access between the 2 parcels of land, on Part Lot 39, German Company Tract, being Parts 1, 2 and 3 Reference Plan 58R- 16538, Ira Needles Boulevard, 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 owner 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 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. 4. That the owner 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. 5. That the owner 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. COMMITTEE OF ADJUSTMENT 238 NOVEMBER 17, 2009 Submission No. B 2009-035 (Cont'd) 6. That the Transfer Easement(s) creating the right-of-way for access and easement for servicing, sanitary and other utilities shall be approved by the City Solicitor. 7. That the owner 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 easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 8. That a satisfactory Solicitor's Undertaking in a form satisfactory to the City Solicitor, to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor; 9. The City Solicitor shall be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. 10. That the Owner shall enter into an Agreement with the City of Kitchener, satisfactory to the City Solicitor, to be registered on title to the Owner's lands, acknowledging that the granting of the easements for servicing and rights of ways in submission B 2009-035 shall not be construed as City approval or pre- determination of any future Planning Act requirements for the Owner's lands including location and size of any future buildings on the lands of the Owner. 11. That the Owner shall enter into an agreement with the Regional Municipality of Waterloo, on terms and conditions satisfactory to the Regional Solicitor, to provide for the following: a) the physical and financial resources (including the required lands) for the design and construction of a roundabout at Access 5 and Ira Needles Boulevard to the satisfaction of the Regional Municipality of Waterloo; b) an acknowledgment that no occupancy of the building to be constructed on the lands identified as "Lands to be Conveyed" on the Proposed Severance Plan shall be permitted until the roundabout is fully constructed and operational to the Region's standards; c) in the event, the roundabout cannot be fully operational within a reasonable time of the request for occupancy (as determined by the Region), the Owner shall grant aright-of-way for access for the benefit of the said lands to be conveyed over the Owner's land to the access at Ira Needles Boulevard and University Avenue on terms satisfactory to the Region. 12. That the Owner shall grant an easement to the Regional Municipality of Waterloo for storm water management purposes over the land that is subject to rights-of- way and easements as proposed in this application, to the satisfaction of the Region. 13 That the terms of the grant of easement for right-of-way access shall provide for the release of such easement upon transfer of any of the Lands that are subject to such easement to a municipality for public road purposes, to the satisfaction of the Regional Solicitor. 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. COMMITTEE OF ADJUSTMENT 239 NOVEMBER 17, 2009 Submission No. B 2009-035 (Cont'd 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 November 17, 2011. Carried COMBINED APPLICATIONS 1. Submission Nos.: Applicant: Property Location: Leaal Description: Appearances: In Support: Contra: A 2009-076 & B 2009-036 Kanco -Old Carriage Drive 100-170 & 200 Old Carriage Drive Block F, Registered Plan 1373 S. Patterson None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land at the corner of Old Carriage Drive and Homer Watson Boulevard. The parcel will have an approximate width on Homer Watson Boulevard of 128.88 m (422.83'), an irregular shaped frontage on Old Carriage Drive and an area of 1.14 ha. (2.82 ac.). It is intended that this property be developed with a 178 unit, 11 storey, apartment building. The retained land, municipally known as 100-170 Old Carriage Drive will have a frontage on Old Carriage Drive of 180.25 m (591.37'), a depth of 237.88 m (780.44') and an area of 3.54 ha (8.74 ac.), and contains 3 apartment buildings with a total of 216 units. In Submission No. A 2009-076, the owner is requesting permission to provide a side yard of 2.44m (8') between the most easterly of the existing apartment buildings on the retained land and the lot line that will be created through the severance, rather than the required 6 m (19.68'); and, permission to provide 259 parking spaces for the 3 existing apartment buildings rather than the required 270 parking spaces. Also, the owner is requesting permission for a rear yard variance for the proposed parking structure to be built on the severed land of 1 m (3.04') rather than the required 7.5 m (24.6'). The Committee considered the report of the Development & Technical Services Department, dated November 5, 2009, in which they advise that the subject property is located at the intersection of Old Carriage Drive and Homer Watson Boulevard. The property shown as 100-170 Old Carriage Drive is presently developed with three multiple dwellings totaling 216 units. The original site plan for this property showed a fourth multiple dwelling (9-storey's 108 units) on the vacant portion of the lands now being shown as the severed parcel. The location of the severance line has been drawn to protect the large forested portion of the retained lands. The applicant no longer wishes to proceed with developing the fourth apartment building and is requesting the severance to convey the lands to another developer to construct an 11-storey, 178 unit multiple dwelling. COMMITTEE OF ADJUSTMENT 240 NOVEMBER 17, 2009 Submission No. A 2009-076 & B 2009-036 (Cont'd The lands are designated as High Rise Residential in the City's Official Plan and zoned Residential Nine Zone (R-9) in By-law 85-1 both of which support development of an 11-storey, 178 unit multiple dwelling as proposed for the severed lands. The proposed retained parcel is addressed as 100-170 Old Carriage Drive. The proposed lot would have an irregular shape and is 3.54 hectares in size. The proposed severance would create anon-complying situation for side yard setback and parking. Both of these issues will be addressed through Minor Variance Application A2009-076. The proposed severed parcel is addressed as 200 Old Carriage Drive. The proposed lot would have an irregular shape and is 1.14 hectares in size. The proposed severance would create anon-complying situation for rear yard setback. This issue will be addressed through Minor Variance Application A2009-076. 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. It was always intended that a fourth multiple dwelling would be constructed on the property and the severance will only change the ownership. The location of the proposed severance line will ensure the existing forested portion of the retained lands will remain intact. The proposed lots (retained and severed) are of a size suitable to support the existing residential development and the proposed residential development. Each property will have frontage on a public street and municipal services are available. The existing development on the retained lands and the proposed development on the severed lands are compatible with the intent of the Official Plan and Zoning By-law. The proposed consent is consistent the with 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 recommend that Consent Application B2009-036 be approved subject to certain conditions. Planning staff advise that the consent application should not receive approval by the Committee of Adjustment if the minor variance application is not first approved, as this would lead to the retained lot not being in compliance with Zoning By-law 85-1. In addition to Consent Application B2009-036, the owner is seeking the following minor variance approvals: 1. A rear yard setback of 1.0 metre rather than the required 7.5 metres on the severed lands. 2. Aside yard setback of 2.44 metres rather than the required 6.0 metres on the retained lands. 3. A parking reduction to provide 1.2 spaces per unit rather than the required 1.25 spaces per unit (259 spaces rather than the required 270 spaces) on the retained lands. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variances meet the intent of the Official Plan for the following reasons. The three existing multiple dwellings on the retained lands and the proposed 11-storey multiple dwelling to be developed on the severed lands are supported in the High Rise Residential designation of the Official Plan. The variances meet the intent of the Zoning By-law for the following reasons. The Residential Nine (R-9) zoning that pertains to the property encourages high density residential development. The reduced rear yard on the severed lands and the reduced side yard on the retained lands will not create any undue hardship for either property COMMITTEE OF ADJUSTMENT 241 NOVEMBER 17, 2009 Submission No. A 2009-076 & B 2009-036 (Cont'd and will still provide adequate separation for any required maintenance. As well, the reduced setbacks will ensure the integrity of the forested portion of the retained lands is maintained. The variances are minor in nature for the following reasons. The proposed development on the severed lands would have a rear yard setback of 1.0 metre rather than the required 7.5 metres. The reduced rear yard setback would be to the exterior of the proposed 2-level above grade parking garage for the new building. The majority of the parking structure is adjacent to a 3.0 metre landscape buffer and surface parking on the retained lands and therefore would have little to no impact on the existing residential development. Conversely, the retained lands would result in a side yard setback of 2.44 metres rather than the required 6.0 metres to the proposed severance line. The reduced setback would only affect a small portion of the existing building and again, staff believe this would have little impact on the existing residential development. The requested parking reduction of 1.2 spaces per unit rather than 1.25 spaces per unit for the retained lands equates to a reduction of 4%. Under a previous Committee of Adjustment application, Transportation Planning staff undertook a parking study on the subject property which confirmed that the existing buildings have a parking surplus of approximately 7-8 percent. There is no record of parking complaints for the existing residential development nor is it anticipated that the situation would change in light of the proposed severance. A parking surplus of 3-4 percent would remain on site. The variances are appropriate for the development and use of the land for the following reasons. The property is zoned Residential Nine (R-9) which provides for the highest density residential development within the City and the addition of a new 178 unit multiple dwelling is appropriate. The reduction in rear yard setback on the severed lands and the side yard setback and parking reduction on the retained lands will not impact the functionality of either parcel or create undue hardship on residents of either development. A Site Plan Application for the retained lands will be required to ensure the recommended TDM measures outlined in the Traffic Comments section of this report are incorporated into the site. The Committee considered the report of the Region of Waterloo Planning, Housing & Community Services dated November 10, 2009, advising that the purpose of this application is to convey a new residential lot. The proposed severed lot will have an approximate width on Homer Watson Boulevard of 128.88m (422.83 ft), an irregular shaped frontage on Old Carriage Drive and a lot area of 1.14 ha (2.82 ha). The proposed retained parcel, municipally known as 100-170 Old Carriage Drive, includes 309.1 m (1,014.10 ft) of frontage on Old Carriage Drive, a lot area of 3.54 ha (8.74 ac) and contains three 93) multiple residential apartment buildings with a total of 216 units. This application was submitted in conjunction with Minor Variance application A 2009- 076, which is requesting relief from internal side yard setbacks and the number of required parking spaces for the retained lands and rear yard setbacks for the severed lands. The report recommends that due to the high volume of traffic on Homer Watson Boulevard (Regional Road #28), the owner/applicant shall prepare an Environmental Noise Study to indicate the methods to be used to abate noise levels for both the proposed severed and retained parcels from traffic noise generated on this road and if necessary, shall enter into a registered agreement with the Region of Waterloo to provide for the implementation of the approved study. Any matters related to the development of the site, such as lot grading, storm water management and road widening, may be dealt with as part of the site plan process. COMMITTEE OF ADJUSTMENT 242 NOVEMBER 17, 2009 Submission No. A 2009-076 & B 2009-036 (Cont'd In summary, Regional staff have no objection to this application subject to the following condition: 1. That prior to final approval, the owner prepare an Environmental Noise Study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise level from Homer Watson Boulevard and if necessary, the owner shall enter into an agreement with the Region of Waterloo to provide for implementation of the approved noise study attenuation prior to final approval. The Committee considered the report of the Kitchener Wilmot Hydro Senior Design Technician dated November 4, 2009, advising that they have no concerns with this application, provided that the applicant makes arrangements satisfactory to Kitchener- Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that they may require. Mr. Patterson advised that he was in agreement with staff's recommendation but requested clarification on conditions number 4 and 5 in the staff report. Ms. von Westerholt noted that they are standard conditions of severance and if no further work is required, clearances would be provided quickly. The Chair then noted the comments of the Region of Waterloo and their request for an Environmental Noise study. Mr. Patterson indicated that he has no objection to the condition, provided that it applies to the severed land only; as the existing buildings on the retained land have been there for quite sometime. In response to questions, Mr. Lewis advised the Committee that when the City requests a noise study it is normally only requested for the severed land; however, he could not speak for the Region. Submission No.: A 2009-076 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Kanco -Old Carriage Drive requesting permission to provide a side yard of 2.44m (8') between the most easterly of the existing apartment buildings on the retained land and the lot line that will be created through submission No. B 2009- 030, rather than the required 6 m (19.68'); and, permission to provide 259 parking spaces for the 3 existing apartment buildings rather than the required 270 parking spaces, and permission for a rear yard variance for the proposed parking structure to be built on the severed land of 1 m (3.04') rather than the required 7.5 m (24.6'), on Part Block F, Registered Plan 1373, 100-200 Old Carriage Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner of the retained lands (100-170 Old Carriage Drive) shall apply for and receive approval of a site plan application amending the existing site plan registered on title. 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 243 NOVEMBER 17, 2009 1. Submission No. A 2009-076 & B 2009-036 (Cont'd) Submission No.: B 2009-030 Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of Kanco -Old Carriage Drive requesting permission to sever a parcel of land at the corner of Old Carriage Drive and Homer Watson Boulevard to have an approximate width on Homer Watson Boulevard of 128.88 m (422.83'), an irregular shaped frontage on Old Carriage Drive and an area of 1.14 ha. (2.82 ac.), on Part Block F, Registered Plan 1373, 100-200 Old Carriage Drive, 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 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 owner shall receive final approval of Minor Variance Application A2009- 076. 4. 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. 5. That the owner 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, and a paved driveway ramp, on the severed lands. 6. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that they may require. 7. That the owner shall prepare an Environmental Noise Study for the severed lands, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo methods to be used to abate the traffic noise level from Homer Watson Boulevard and if necessary, the owner shall enter into an agreement with the Region of Waterloo 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. COMMITTEE OF ADJUSTMENT 244 NOVEMBER 17, 2009 Submission No. A 2009-076 & B 2009-036 (Cont'd) 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 November 17, 2011. Carried ADJOURNMENT On motion, the meeting adjourned at 10:18 a.m. Dated at the City of Kitchener this 17th day of November, 2009. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment