Loading...
HomeMy WebLinkAboutAdjustment - 2010-01-19COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 19, 2010 MEMBERS PRESENT: Messrs D. Cybalski, B. McColl and A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer and Ms. D. Saunderson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 10:40 a.m. MINUTES Moved by Mr. A. Head Seconded by Mr B. McColl That the minutes of the regular meeting of the Committee of Adjustment, of December 8 2009, as mailed to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE 1. Submission Nos.: A 2009-072 Applicant: Ken Murphy Property Location: Right-of-way off Bloomingdale Road Leaal Description: Part Lot 71. German Company Tract Appearances: In Support: K. Murphy Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to build a new single family dwelling on a lot that does not have frontage on a public street. The Committee considered the report of the Development and Technical Services Department, dated January 6, 2010, advising that the subject property is not municipally addressed and is legally described as Part Lot 71 German Company Tract Township of Waterloo. The property does not have physical frontage onto a City street but has legal access to Bloomingdale Road over an adjacent property by an established right of way, which is registered on title. The property has an area of approximately 0.57 hectares is zoned Residential Three Zone (R-3). A majority of the property is within the Regulation Limit of the Grand River Conservation Authority (GRCA) and is therefore subject to a special zoning regulation (Regulation 1 R) which requires that prior to the erection of any permitted building or any placement of fill, a Fill, Construction and Alteration to Waterways Permit shall be obtained from the GRCA. The property is designated as Low Rise Residential in the Official Plan. A site visit of the subject property was completed on August 21, 2009. The Applicant is seeking permission from the Committee of Adjustment to expand a legal nonconforming (LNC) use, as per Section 45(2) of the Ontario Planning Act. COMMITTEE OF ADJUSTMENT 2 JANUARY 19, 2010 Submission No. A 2009-072 (Cont'd A survey dated November 28, 1947 depicts the subject property as lot "F". The survey predates the Township of Waterloo's first Zoning By-law (ZBL) passed in 1959, which required that any new lot must have frontage on a public street. After the amalgamation of the Village of Bridgeport with the City of Kitchener, the Township of Waterloo ZBL was dissolved and was succeeded by the City of Kitchener's ZBL. A residential dwelling was built on the property in approximately 1947, which is nine years prior to the passing of the first ZBL in the Township of Waterloo. The house was partially destroyed by a fire, but the structure remained on the property (collapsed) until the summer of 2009 until the site was cleaned up and the rubble was removed. The residential dwelling is a LNC use and that the owner is entitled to rebuild a residential dwelling of a size not exceeding that of the original building on the property, and does not necessarily have to conform with Section 5.2 of the City of Kitchener ZBL, which requires that no lot shall be built upon, a building for any purpose in any zone, unless the lot abuts a street. The Applicant is seeking permission from the Committee of Adjustment to expand a LNC use, as per Section 45(2) of the Ontario Planning Act. The proposed location of the new building is in a different location on the property because the previous building location was located within the GRCA regulated area. The proposed location of the house is not within the floodplain or an area regulated by the GRCA. A Preliminary Slope Stability Assessment report prepared by Chung & Vander Doelen Engineering Ltd was submitted on October 6, 2009 to the City of Kitchener and the GRCA for review. Section 45(2) of the Ontario Planning Act grants power to the Committee of Adjustment to permit the enlargement or extension of the building or structure, if the use that was made of the building or structure on the day the by-law was passed. Planning Staff are of the opinion that the residential dwelling located on the subject property existed before the passing of the first Zoning Bylaw for the Township of Waterloo and in 1959 and therefore the use is LNC. Planning Staff are of the opinion that the requested permission to expand the LNC residential dwelling is consistent with the intent of the Zoning Bylaw as the property is zoned Residential Three (R-3 1 R). A single detached dwelling is permitted within the R- 3 district. The GRCA has indicated acceptance of the proposed plan and is in a position to support the issuance of a Fill, Construction and Alteration to Waterways Permit. The proposed single detached dwelling is a similar use to the LNC use. The Applicant is requesting that the LNC use be expanded to allow for a larger single detached dwelling. There will be no additional units developed at this property. The proposed location of the dwelling is similar to the previous location and is proposed to be relocated outside of the GRCA limit. The development of this property will not frustrate future development in the area. It is understood that the current right-of-way access was originally developed and designed to meet City of Kitchener road standards should future development occur in this area. The proposed location of the dwelling will not conflict with any future development in the area. The requested permission is in keeping with the City's Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for expansions. The intent is to accommodate a full range of housing to achieve an overall low density and the proposed development will not affect such density. The Building Division has no objections to the proposed variance. Prior to the issuance of a building permit for a new single detached dwelling a building permit is also required to be obtained for the new proposed on-site sewage system. The designer must ensure compliance with building code including setbacks of system to property lines, COMMITTEE OF ADJUSTMENT 3 JANUARY 19, 2010 Submission No. A 2009-072 (Cont'd bodies of water, structures etc. Both these permit applications will be subject to meeting the approvals of the GRCA. Transportation Planning has reviewed this application and has no concerns with the proposed application, providing that there is a mutual access agreement on title. Engineering has no objection with the proposed variance. The subject property is approximately 0.58 ha (1.44 acres) located north-east of 151 Bloomingdale Road bordering the east bank of the Grand River. The north-west area of the property adjacent to the river contains steep slopes which are heavily vegetated; the remainder of the property is also vegetated. To optimize vegetation retention the City of Kitchener requests that the owner prepare and submit for approval a Tree Preservation/Enhancement Plan for the subject lands in accordance with the City's Tree Management Policy. The Tree Management Plan should include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. Mapping from the Grand River Conservation Authority for the above mentioned property identifies portions of the property containing floodplain, slope erosion, and wetland features; additionally, it is regulated by the Grand River Conservation Authority. In addition, current Greenlands Network mapping available from the Region of Waterloo indicates that portions of the above mentioned property may contain or are adjacent to Environmentally Significant Valley Features (Core Environmental Feature) and Significant Valley (Landscape Level System). Communication and/or comments from the Region of Waterloo and Grand River Conservation Authority are necessary to determine if an Environmental Impact Statement (EIS) would be required to identify and evaluate the potential effects of constructing the proposed single family dwelling on the Greenlands Network. If an EIS is requested it is preferred that a single Terms of Reference be prepared for all environmental studies satisfactory to all review agencies. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 15, 2009, advising that they have no concerns with this application. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated October 6, 2009, advising that any approval of this application should include conditions that require the applicants to make satisfactory arrangements with Hydro for the provision of electrical servicing to this land, including granting any easements that they may require. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated October 15, 2009, advising that a portion of the subject property is regulated by the GRCA due to the presence of wetland, floodplain and slope erosion associated with the Grand River. They reviewed the Preliminary Slope Stability Assessment (prepared by Chung and Vander Doelen Engineering Limited, dated September 24, 2009) submitted to them in support of the proposed construction of a residential dwelling on the property and are satisfied with the findings and have no objections with this application. The Chair questioned whether an environmental assessment has been completed. Mr. Murphy responded that he has been working with staff at the Region and the Grand River Conservation Authority and has submitted an environmental impact statement. The Chair questioned the state of the existing septic system and was advised by Mr. Murphy that it is not up to current standards. The Chair then advised that a condition would be imposed, it this application is approved, to require decommissioning of the existing septic system. The Chair then spoke to the letter from Kitchener-Wilmot Hydro Inc. respecting electrical servicing. He questioned staff concerning the width of the right-of-way. Ms. vonWesterholt advised that she did not know the exact measurement but it is wide enough to accommodate emergency vehicles. COMMITTEE OF ADJUSTMENT 4 JANUARY 19, 2010 Submission No. A 2009-072 (Cont'd The Chair advised that if Kitchener-Wilmot Hydro requires an easement to bring the electrical service to this property and it is not already permitted in the agreement for the existing right-of-way, then it will be over someone else's land and will have to be approved by the Committee by way of submission of an Application for Consent. Mr. Murphy advised that there is likely an existing Hydro easement. The Chair then advised that approval of this application will include the requirement of GRCA approval and decommissioning the existing septic system along with the condition in the Development & Technical Services Department report, the Hydro condition, and approval of the GRCA. He also noted the comments of the Region's Transportation Planner respecting Regional Development Charges. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Ken Murphy requesting permission to build a new single family dwelling on a lot that does not have frontage on a public street, on Part Lot 71, German Company Tract, Right-of-way off Bloomingdale Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That prior to the issuance of a Building Permit, the Owner shall prepare and submit, to the satisfaction of the City's Director of Planning, a Tree Preservation/Enhancement Plan for the subject lands in accordance with the City's Tree Management Policy. The Plan must include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. 2. That the owner shall obtain the written approval of the Grand River Conservation prior to any development taking place on this property. 3. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to this property, including any easements they may require. 4. That the owner shall decommission the existing septic system on this property. It is the opinion of this Committee that: 1. the subject property was lawfully used for a residential dwelling on the day the by-law was passed to prohibit this use. 2. the expansion of this legal non-conforming residential dwelling is consistent with the intent of zoning by-law 85-1 and with the City of Kitchener Official Plan. Carried Submission Nos.: A 2010-001 Applicant: Bingeman's Inc. Property Location: 425 Bingemans Centre Drive Legal Description: Part Lots 122 & 123, German Company Tract, being Parts 14 & 16 -18, Reference Plan 58R-13438 and Part 1, Reference Plan 58R-4230 Appearances: In Support: M. Bingeman P. Britton COMMITTEE OF ADJUSTMENT 5 JANUARY 19, 2010 Submission No. A 2010-001 (Cont'd Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for the definition of "Exhibition Facility" to include the retailing of goods, materials or services, including motor vehicles and major recreational equipment not associated with an exhibition, with such retail uses to be limited in duration to 4 weeks or less at any one time. The Committee considered the report of the Development and Technical Services Department, dated January 11, 2010, advising that the Official Plan designations of the property are Business Park and Open Space. The zoning designations are B-4, 1 R and P-3, 44U. Both zoning designations permit an "Exhibition Facility" where the retail is accessory to an exhibit. This application is to recognize retail use on the property that is not associated with an exhibit but that is limited in duration to 4 weeks or less at any one time. For example, a 10-day clothing sale by one particular retailer that is not in conjunction with any particular event or with other vendors/sales. The applicant is requesting permission for the definition of "Exhibition Facility" to include the retailing of goods, materials or services, including motor vehicles and major recreational equipment not associated with an exhibition, with such retail uses to be limited in duration to 4 weeks or less at any one time. 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 for the following reasons. Business Park districts cater to the needs of technical and/or scientific businesses. However it is acknowledged that they provide for "additional office, commercial and service uses not permitted in other industrial areas and concentrate these at planned locations." Retail is a commercial use generally not permitted in other industrial zones. Within the Open Space district, "existing development is zoned to permit all legal existing uses". The retail use is currently permitted when it is in association with an exhibit. This application recognizes short term retail that is not in conjunction with an exhibit. The variance meets the intent of the Zoning By-law and can be considered minor for the following reasons. Retail is currently permitted at this property but only in association with an exhibition facility. An exhibition facility consists of multiple vendors exhibiting and/or selling goods generally around a specific theme (e.g. Christmas craft show, boat show, and spring art exhibit). The variance request to allow the sale of retail goods or materials not associated with an exhibit would be limited to duration of 4 weeks or less, which is in keeping with the intent of a short term event such as an exhibit. The variance is appropriate for the development and use of the land for the following reason. Staff acknowledges that Bingeman's Centre has in the past operated short term retail uses not associated with an exhibit. However this has never been permitted by the Zoning By-law and business licenses have been issued in error, thus allowing those retail uses. This variance would legalize short term retail use, which to date, has not generated any concerns or complaints by the neighbours or other members of the public. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 15, 2009, advising that they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planner, dated January 11, 2010, advising that they have no concerns with this application. COMMITTEE OF ADJUSTMENT Submission No. A 2010-001 (Cont'd) JANUARY 19, 2010 The Chair clarified the intent of the variance noting that the staff recommendation references "uses" and it should be reflected with the word "user". The terminology of "uses" would imply that there could not be two similar types of events at the same time, when in fact the applicant is requesting a variance to enable the premises to host several types of users through out the year without restriction. Mr. Britton advised that the change in terminology from "uses" to "users" would be acceptable. It is the intention of the variance to clarify the definition of "Exhibition Facility", a designation that is applicable to the entire premises. The property is quite large and the variance would entitle the owner to have multiple vendors; whereas, the zoning definition presently permits only one vendor at a time. He also advised that this type of use has existed on this property for eternity and approval of this application will clarify the use and exhibitors. With respect to locations on this property to which this change in definition would apply, Mr. Britton advised that there are multiple spots on the property where this use could take place, and he asked that an approval apply to the whole property. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Bingeman's Inc. requesting permission for the definition of "Exhibition Facility" to include the retailing of goods, materials or services, including motor vehicles and major recreational equipment not associated with an exhibition, with such retail user to be limited in duration to 4 weeks or less at any one time, on Part Lots 122 & 123, German Company Tract, being Parts 14 & 16 - 18, Reference Plan 58R- 13438 and Part 1, Reference Plan 58R-4230, 425 Bingemans Centre Drive, Kitchener, Ontario, BE APPROVED. 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 2010-002 Applicant: Lynn & Chris Schnurr Property Location: 305 Dinison Place Legal Description: Part Lot 2, Plan 1605 Appearances: In Support: L. & C. Schnurr Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for the portion of the building containing the off-street parking space to be located 4.5 m (14.76 ft.) from the street line rather than the required 6 m (19.68 ft.). The Committee considered the report of the Development and Technical Services Department, dated January 6, 2010, advising that the subject property is located at 305 COMMITTEE OF ADJUSTMENT Submission No. A 2010-002 (Cont'd) JANUARY 19, 2010 Dinison Place and is developed with one single detached residential dwelling. The land is designated as Low Rise Residential in the City's Official Plan and is zoned Residential Four (R-4) in By-law 85-1. The subject property is irregularly shaped and is approximately 9.1 m in width, 70.1 metres in length, and has a lot area of approximately 640.0 square metres. The owner is requesting relief from Section 6.1.1.B.i of Zoning Bylaw 85-1 to reduce the required front yard setback for a building used to accommodate off-street parking to be located 4.5m from the front property line whereas 6.Om is required. The applicant is proposing to construct an addition to the existing residential dwelling in the front yard, which is proposed to include a new garage. 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 Low Rise Residential designation recognizes the existing scale of residential development and allows for expansions. The intent is to accommodate a full range of housing to achieve an overall low density and the proposed development will not affect such density. The proposed variance at 305 Dinison Place will allow for the construction of a new addition to expand the existing residential unit. The variance meets the intent of the Zoning By-law. The R-4 zone requires that any part of a building used to accommodate off-street parking be setback from the front property line a minimum distance of 6.0 metres. By-Law 85-1 requires that a single detached dwelling requires one off-street parking space, which must be setback a minimum distance of 6.0 metres from the front property line. The intention of the regulations is to allow for an additional off-street parking spot between the front of any building used to accommodate off-street parking and the front property line (Dinison Place). The 6.0 metres setback is intended to regulate the length of a driveway leading to a required parking space. Due to the irregular shape of the property, the proposed garage is located within 4.5 metres of the front street line, but the driveway exceeds 11.0 metres in length. Therefore, there is sufficient space for additional off-street parking and the intent of the Zoning Bylaw is met. The variance is minor because there is sufficient space between the front of the proposed garage and the front street line to provide off-street parking. The garage is only located within 4.5 metres of the front property line due to the irregular shape of the lot. The variance is appropriate as it will allow the Owner to construct an addition to the front of the existing dwelling unit while maintaining the character of the existing building which features a garage at the front of residential dwelling. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 15, 2009, advising that they have no concerns with this application. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Lynn & Chris Schnurr requesting permission for the portion of the building containing the off-street parking space to be located 4.5 m (14.76 ft.) from the street line rather than the required 6 m (19.68 ft.), on Part Lot 2, Plan 1605, 305 Dinison Place, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor in nature. COMMITTEE OF ADJUSTMENT 8 JANUARY 19, 2010 3. Submission No. A 2010-002 (Cont'd) 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 4. Submission Nos.: A 2010-003 Applicant: Reaching our Outdoor Friends (ROOF) Property Location: 242 Queen Street South Leaal Description: Part Lot 57. Plan 393 Appearances: In Support: S. Dietrich-Bell Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to provide no off-street parking spaces for a residential care facility rather than the required 4 off- street parking spaces. The Committee considered the report of the Development and Technical Services Department, dated January 11, 2010, advising that the zoning of the property is CR-2 (Commercial-Residential Three) and the Official Plan designation is Mixed Use Corridor. The proposed use is to provide overnight accommodation for the clients of the existing daytime use of the building as a social service establishment (office). ROOF's mission statement is to provide "for the safety, support and overall well-being of homeless youth and youth at risk, aged 12 to 25, in the Waterloo Region". The applicant is requesting permission to provide no off-street parking spaces for a residential care facility rather than the required 4off-street parking spaces. 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 for the following reasons. The Mixed Use Corridor is primarily intended to "allow for intensive, transit supported development" and it generally has strong pedestrian linkages with the surrounding neighbourhoods. The clients of the proposed use depend on public transportation and pedestrian access to the property. As well, the existing building meets the intent that "new development shall be compatible with surrounding residential neighbourhoods and will be of an appropriate height and density in relation to the adjacent low rise residential development". The variance meets the intent of the Zoning By-law for the following reasons. The purpose of the parking requirement is to provide sufficient parking for the uses on the property. The clients that use the facility during the day are the same clients that will be using the residential care facility in the evening and they do not own vehicles and mostly travel via public transportation or "walk in". The six parking spaces that are on the site provide parking for the staff during the day and this was approved in previous application A 2007-009. The applicant has stated that there will be a minimum of 10 residents and a maximum of two staff in attendance overnight and that these two staff can be accommodated with the existing parking on site that is also used by the day COMMITTEE OF ADJUSTMENT 9 JANUARY 19, 2010 Submission No. A 2010-003 (Cont'd staff. Therefore no extra parking is deemed necessary for this particular residential care facility use. The variance is minor for the following reasons. Sufficient parking for the facility will be provided and the deviation from the by-law can be justified by the nature of the clients and the fact that evening staff will be able to share the use of the parking spaces with the daytime staff. The variance is appropriate for the development and use of the land for the following reasons. ROOF provides a valuable service to street youth in Kitchener and improves their quality of life. As such, staff is prepared to support the variance as along as this organization remains on the subject property. Should the use of the property change the parking needs will subsequently change and therefore the parking requirement would have to be revisited at that time. Lastly, it is noted that the applicant states that they receive funding from the Region of Waterloo and that their facility is not licensed or funded by a federal or provincial statute. Because they do not have federal or provincial licensing or funding, they are not classified as a "group home" in the City of Kitchener Zoning By-law and therefore they do not require a minimum distance separation of 400 metres from another group home. Staff note that should the above status change, and ROOF qualifies as a "group home" under the City of Kitchener Zoning By-law, then additional variance approval, as well as an Official Plan amendment, would be required to reduce the minimum distance separation from another group home. It is recommended that a condition be included in the decision to note this status of the facility. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 15, 2009, advising that they have no concerns with this application. The Chair noted that because of his experience in working with similar organizations, it is his understanding that the current terminology in the staff report may hinder the current organization in the future. In response to the Chair's concern, Ms. von Westerholt advised the Committee that the current use of the building is a residential care facility and not a group home. Staff does not have a concern about adjusting the wording but the decision must also comply with the City of Kitchener's Official Plan. The Committee underwent a discussion regarding the language of condition # 2 and # 3 in staff's recommendation. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Reaching Our Outdoor Friends (ROOF) requesting permission to provide no off-street parking spaces for a residential care facility rather than the required 4off-street parking spaces, on Part Lot 57, Plan 393, 242 Queen Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for and receive approval of an Occupancy Permit from the Planning Division. 2. That the variance as approved in this application shall apply only to a residential care facility that is not required to be licensed by a federal or provincial statute or legislation or regional or municipal by-law. If this status would or does change, the property owner agrees to immediately inform the City of Kitchener and, if required, an additional variance application as well as an official plan amendment application would have to be approved, failing which this decision becomes null and void. COMMITTEE OF ADJUSTMENT 10 JANUARY 19, 2010 Submission No. A 2010-003 (Cont'd) 3. That the variance as approved in this application, to provide no off-street parking spaces for a residential care facility, shall remain in place so long as the use of the facility is restricted to at risk persons. This application has been considered in conjunction with this Committee's decision for Application for Minor Variance A 2007-009; and, should the use of this property change, both Applications for Minor Variance A 2007-009 and A 2010-003 will no longer apply and the parking requirements will be revisited accordingly. 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 CONSENT Submission Nos.: B 2010-001 Applicant: John & Angela Habkirk Property Location: 280 Highland Road East Leaal Description: Part Lot 18 & Part Lot 19. Plan 25 Appearances: In Support: C. McNabb S. Patterson Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to give a 3 m (9.84 ft.) wide servicing easement, for storm and sanitary sewers, along the southerly side of the property from front to rear, to the abutting property at 274 Highland Road East. The Committee considered the report of the Development and Technical Services Department, dated January 11, 2010, advising that the subject property is located at 280 Highland Road East is designated Low Rise Residential in the City's Official Plan and zoned as a Gas Station Zone (C-7), with Special Regulation Provision 53 R, 81 U in the City's Zoning By-law. The applicant is seeking a 3.0 metre easement across 280 Highland Road East to be severed in favour of the adjacent property at 274 Highland Road East for site servicing purposes. The servicing easement will serve the proposed development at 274 Highland Road East currently involved in the Site Plan Approval process, of an additional three (3) storey multiple residential apartment building consisting of 21 residential units. 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, staff are satisfied that the creation of the servicing easement is necessary for the proposed development at 274 Highland Road East. The proposal of the easement, should the easement be approved is appropriate and suitable for the existing use and any proposed use of the subject and adjacent lands. The easement over 280 Highland Road East will ensure that the proposed development at 274 Highland Road East will receive adequate service connections to municipal services. COMMITTEE OF ADJUSTMENT 11 JANUARY 19, 2010 Submission No. B 2010-001 (Cont'd The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated January 5, 2010, in which they advise that they have no objections to this application. The neighbour was in attendance in support of the application. He requested the applicant provide him with a plan of the proposed easement for his information. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of John & Angela Habkirk requesting permission to give a 3 m (9.84 ft.) wide servicing easement, for storm and sanitary sewers, along the southerly side of the property from front to rear (as shown on the sketch submitted with this application), to the abutting property at 274 Highland Road East, on Part Lot 18 & Part Lot 19, Plan 25, 280 Highland Road East, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 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. (a) That the Transfer Easement creating the easement for servicing be approved by the City Solicitor prior to registration; (b) That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement; (c) That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor; (d) The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 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 12 JANUARY 19, 2010 Submission No. B 2010-001 (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 January 19, 2012. Carried Submission Nos.: B 2010-002 Applicant: Anna & Lydia Vasek Property Location: 12-14 Volta Avenue Leaal Description: Lots 48. 49. 50 & 51. Reaistered Plan 1114 Appearances: In Support: L. Vasek Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to sever the property at 14 Volta Avenue from 12 Volta Avenue so each semi-detached dwelling unit can be dealt with separately. Each property will have a width on Volta Avenue of 10.973 m (36 ft.) by a depth of 33.528 m (110 ft.) and an area of 368 sq. m. (3961.24 sq. ft.). Each property will continue to be used as asemi-detached dwelling. The Committee considered the report of the Development and Technical Services Department, dated January 5, 2010, advising that the subject property is located at 12- 14 Volta Avenue and is currently developed with aside-by-side duplex residential dwelling, municipally address as 12 and 14 Volta Avenue. The land is designated as Low Rise Residential in the City's Official Plan and is zoned Residential Four (R-4) in By-law 85-1. The subject property is comprised of four lots, originally legally described as lots 48, 49, 50, and 51 of Registered Plan 1114. The titles of the lots have merged and have formed one property that is 21.94 metres in width, 33.52 metres in length, and a lot area of 736 square metres. The immediately surrounding area is developed with a variety of low rise residential uses including single detached dwellings and semi- detached dwellings. There are also several mid-rise residential buildings is the surrounding community. The applicant is requesting consent to sever the subject property into two lots in such a way as to allow separate ownership of each semi-detached house. The purpose and effect of this application is to create a new lot. The severed lot would have a frontage of 10.97 metres and an area of approximately 368 square metres, while the retained lot would have a frontage of 10.97 metres and an area of approximately 368 square metres. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of both the severed and retained parcels are in conformity with the City's Municipal Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses and any proposed use of the lands, the lands fronton an established public street, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. Also, the resultant lots will be compatible in size with the lots in the surrounding area, especially with those lots on the opposite side of the street. Planning staff notes that the Zoning By-law defines asemi-detached dwelling as "a building divided vertically into two semi-detached houses by a common wall which prevents internal access between semi-detached houses and extends from the base of the foundation to the roof line and for a horizontal distance of not less than 35 percent of the horizontal depth of the building. Each semi-detached house shall be designed to be located on a separate lot having access to and frontage on a street." Both lots comply with the regulations of the R-4 Zone. COMMITTEE OF ADJUSTMENT 13 JANUARY 19, 2010 Submission No. B 2010-002 (Cont'd) The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated January 5, 2010, in which they advise that they have no objections to this application. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Anna Vasek requesting permission sever a parcel of land having a width on Volta Avenue of 10.973 m (36 ft.) by a depth of 33.528 m (110 ft.) and an area of 368 sq. m. (3961.24 sq. ft.), on Lots 48 & 49, Registered Plan 1114, 14 Volta Avenue, 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 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/or retained lands, where required. 4. That the owner shall retain an Architect or Engineer to confirm that the fire separation, built over the new property line, meets the 1965 National Building Code. The Architect or Engineer shall be retained to perform an inspection and evaluate the condition of the existing fire separation and confirm, in writing to the Chief Building Official, the minimum 3/a hr fire resistance rating, continuity from top of footings to underside of finished roof surface is acceptable. If remedial work is required a building permit shall be obtained to make such repairs to the fire separation. 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 January 19, 2012. Carried COMMITTEE OF ADJUSTMENT 14 JANUARY 19, 2010 ADJOURNMENT On motion, the meeting adjourned at 11:17 a.m.. Dated at the City of Kitchener this 19th day of January, 2010. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment