Loading...
HomeMy WebLinkAboutCA - 2018-05-15 COMMITTEE OF ADJUSTMENT MINUTES MAY 15, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:00 a.m. Present: Mr. D. Cybalski, Chair Mr. B. McColl Ms. P. Kohli Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Ms. D. Saunderson, Secretary-Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the regular minutes of the Committee of Adjustment meeting held April 17, 2017, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2018-043 Applicant: James Gough Property Location: 51 Chestnut Street Legal Description: Lot 20, Plan 327 Appearances: In Support: J. Gough Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing duplex having exterior stairs located 0.392m from the side lot line abutting Luella Street rather than the required 3m. The Committee considered Development Services Department report DSD-18-023 dated May 4, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 27, 2018, advising they have no concerns with this application. Mr. J. Gough was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of JAMES GOUGH requesting permission to legalize an existing duplex having exterior stairs located 0.392m from the side lot line abutting Luella Street rather than the required 3m, on Lot 20, Plan 327, 51 Chestnut Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the City’s Building Division for the exterior stairs by November 1, 2018. COMMITTEE OF ADJUSTMENT MINUTES MAY 15, 2018 - 141 - CITY OF KITCHENER 1. Submission No.: A 2018-043 (Cont’d) It is the opinion of this Committee that: 1. The variance requested in this application is minor. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 2. Submission No.: A 2018-044 Applicant: First Christian Reformed Church Property Location: 1275 Bleams Road Legal Description: Part Lot 3, Plan 1471 Appearances: In Support: P. Schiedel Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to expand the existing Religious Institution use by 17% whereas the By-law (Special Use Provision 351U) only permits the use to occupy the Gross Floor Area (GFA) that existed on or before October 28, 2013. The Religious Institution use will continue to occupy 100% of the building. The Committee considered Development Services Department report DSD-18-024 dated May 7, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 27, 2018, advising they have no concerns with this application. Mr. P. Schiedel was in attendance in support of the subject application and staff recommendation. The Chair requested, and it was agreed, that a condition be included as part of the Committee’s decision requiring the applicant to obtain a building permit; and, a condition restricting the approval to a maximum building coverage of 2840.10 sq.m. Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of FIRST CHRISTIAN REFORMED CHURCH requesting permission to expand the existing Religious Institution use by 17% whereas the By-law (Special Use Provision 351U) only permits the use to occupy the Gross Floor Area (GFA) that existed on or before October 28, 2013, on Part Lot 3, Plan 1471, 1275 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit to the satisfaction of the City’s Building Division. 2. That approval of Minor Variance Application A 2018-044 shall be subject to a maximum building coverage of 2,840.10 sq.m., as outlined in the subject application. COMMITTEE OF ADJUSTMENT MINUTES MAY 15, 2018 - 142 - CITY OF KITCHENER 2. Submission No.: A 2018-044 (Cont’d) It is the opinion of this Committee that: 1. The variance requested in this application is minor. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 3. Submission No.: A 2018-045 Applicant: Christian Tosa Property Location: 46 Paige Street Legal Description: Lot 42, Registered Plan 58M-411 Appearances: In Support: None Contra: A. Elsaesser Written Submissions: None That the application of Mr. Christian Tosa requesting permission for a single detached dwelling under construction to have a building height of 11.5m rather than the maximum permitted height of 10.5m be ADJOURNED to the Committee of Adjustment meeting on June 19, 2018 for consideration, as no one was in attendance this date in support of the subject application. 4. Submission No.: A 2018-046 Applicant: Phil and Sue Anne Taylor Property Location: 671 Glasgow Street, Unit 7 Legal Description: Level 1, Unit 7, Waterloo North Condo Plan 139 Appearances: In Support: Z. Wolochatiuk Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a covered outdoor living space in the rear yard, which under the Zoning By-law is defined as a side yard, having a side yard setback of 2.42m rather than the required 7.62m. The Committee considered Development Services Department report DSD-18-026 dated May 5, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 27, 2018, advising they have no concerns with this application. Mr. Z. Wolochatiuk was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES MAY 15, 2018 - 143 - CITY OF KITCHENER 4. Submission No.: A 2018-046 (Cont’d) The Chair suggested, and it was agreed, that a condition be included as part of the Committee’s decision requiring the applicant to obtain a building permit. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of SUE-ANNE TAYLOR and WILLIAM TAYLOR requesting permission to construct a covered outdoor living space in the rear yard, which under the Zoning By-law is defined as a side yard, having a side yard setback of 2.42m rather than the required 7.62m, on Level 1, Unit 7, Waterloo North Condo Plan 139, 671 Glasgow Street, Unit 7, Kitchener, Ontario,BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the City of Kitchener’s Building Division for the proposed roofed structure. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 5. Submission No.: A 2018-047 Applicant: Savic Homes Ltd. Property Location: 1430 Highland Road West Legal Description: Part Lot 38, German Company Tract, being Block 67 on Registered Plan 58M-403 Appearances: In Support: S. Patterson Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to reduce the required parking rate for a multi-residential development from 1.5 spaces per unit to 1.5 spaces for the first 36 dwelling units and 1.0 spaces per unit thereafter; and, to provide 10% off-street visitor parking spaces rather than the required 20%. The Committee considered Development Services Department report DSD-18-027 dated May 4, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 27, 2018, advising they have no concerns with this application. Mr. S. Patterson was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES MAY 15, 2018 - 144 - CITY OF KITCHENER 5. Submission No.: A 2018-047 (Cont’d) In response to questions, Mr. D. Seller advised Transportation Services has received a Transportation Demand Management (TDM) Study and they are in support of the findings within the Study. Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of SAVIC HOMES LTD. requesting permission to reduce the required parking rate for a multi-residential development from 1.5 spaces per unit to 1.5 spaces for the first 36 dwelling units and 1.0 spaces per unit thereafter; and, to provide 10% off-street visitor parking spaces rather than the required 20%, on Part Lot 38, German Company Tract, being Block 67 on Registered Plan 58M-403, 1430 Highland Road West, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 6. Submission No.: A 2018-048 Applicant: 1836862 Ontario Inc. Property Location: 624 King Street West Legal Description: Part Lots 53 & 54, Plan 376, being Part 3 and Part of Part 2 on Reference Plan 58R-4360 Appearances: In Support: R. Anwar J. Fryett C. Hopwood Contra: J. and H. Landry Written Submissions: None The Committee was advised the applicants are requesting permission to construct a 6-storey multi-residential building having 71-units with 49 off-street parking spaces (0.69 spaces/per unit) rather than the required 49 off-street parking spaces (1 space/per unit). The Committee considered Development Services Department report DSD-18-028 dated May 7, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 27, 2018, advising they have no concerns with this application. The Committee considered comments from Canadian National (CN) Railway, Community Planning and Development dated May 7, 2018, advising although they have no concerns with this application, they note this development is approximately 180 meters from CN line. This line is currently leased to GXR. As such: COMMITTEE OF ADJUSTMENT MINUTES MAY 15, 2018 - 145 - CITY OF KITCHENER 6. Submission No.: A 2018-048 (Cont’d) • CN Rail would like to see a full Noise and Vibration Study undertaken. If this has been done, could a copy be forward to us for review. • CN’s standard position is to encourage that Class 1 thresholds be met, even if mitigation associated with Class 4 is implemented. • The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: “Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.” • The owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN. Messrs. J. Fryett and R. Anwar and Ms. C. Hopwood were in attendance in support of the subject application and staff recommendation. The Chair noted comments outlined by Transportation Services regarding the requirement to review the stackable parking system and questioned whether it should be included as a condition of the Committee’s decision. Mr. D. Steller advised Transportation Services would have no objection with the inclusion of that condition. Mr. J. Landry and Ms. H. Landry were in attendance in opposition to the subject application. Mr. Landry expressed concerns that the subject property was previously a garage and questioned whether the site had been tested for development. He expressed further concerns regarding the height of the proposed development and whether consideration had been given to shadowing on the adjacent properties, noting his property is one of those adjacent and may be adversely impacted by those shadows. In response to questions, Mr. Fryett advised they had received a Record of Site Condition from the Ministry of the Environment for the subject property, clearing it for development. He further advised the proposed development is also subject to Site Plan Approval and a shadow study has been requested as part of that process. The Chair noted any concerns regarding shadowing would be addressed through the Site Plan Approval process and are not for consideration by this Committee. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of 1836862 ONTARIO LTD. requesting permission to construct a 6-storey multi-residential building having 71-units with 49 off-street parking spaces (0.69 spaces/per unit) rather than the required 49 off-street parking spaces (1 space/per unit), on Part Lots 53 & 54, Plan 376, being Part 3 and Part of Part 2 on Reference Plan 58R-4360, 624 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall receive final site plan approval for the proposed 6-storey, 71 unit multiple dwelling. 2. That the owner shall receive approval from Transportation Services for the proposed stackable parking system. COMMITTEE OF ADJUSTMENT MINUTES MAY 15, 2018 - 146 - CITY OF KITCHENER 6. Submission No.: A 2018-048 (Cont’d) It is the opinion of this Committee that: 1. The variance requested in this application is minor. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 7. Submission No.: A 2018-049 Applicant: 834220 Ontario Inc. Property Location: 268 Frederick Street Legal Description: Lot 1, Plan 111 Mr. B. McColl declared a pecuniary interest with respect to the subject application, as the applicant is a personal friend; and accordingly, he did not participate in any discussions or voting regarding this matter. Appearances: In Support: P. Bollenbach K. Reycraft Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct an attached 3- car garage with rooftop amenity space on an existing commercial/residential dwelling having a rear yard setback of 4m rather than the required 7.5m; an easterly side yard setback of 0.77m rather than the required 1.2m; the required off-street parking spaces to be located 0.87m from Pequegnat Avenue rather than the required 6m; and, to have 4 of the required 5 off-street parking spaces for the office and dwelling unit to be located in tandem to the garage whereas the By-law does not permit tandem parking. The Committee considered Development Services Department report DSD-18-029 dated May 8, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 27, 2018, advising although they have no concerns with this application, they noted any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection. Messrs. P. Bollenbach and K. Reycraft were in attendance in support of the subject application. Mr. Bollenbach noted he was in agreement with the amendment proposed by staff as outlined in the Report. The Chair requested Condition 1 be amended to require satisfaction of the Planning Division and the Building Division; and, to include an additional condition indicating approval is permitted for the proposed office use as outlined in the subject application. COMMITTEE OF ADJUSTMENT MINUTES MAY 15, 2018 - 147 - CITY OF KITCHENER 7. Submission No.: A 2018-049 (Cont’d) Mr. Bollenbach requested, and it was agreed, that the deadline proposed in Condition 3 be amended from October 30, 2018 to April 30, 2019. He requested clarification for Condition 4, noting it was his intention to reside at the property indefinitely, adding there is a possibility the business may be sold in the future. He requested clarification on whether he would still be permitted to reside on the premises, as the Condition appears to restrict the approval only for him to operate the business and reside on-site. Ms. J. von Westerholt noted zoning for the subject property is very specific at this time for permitted use and approval of the proposed condition does restrict the business operation to the resident of the dwelling. Mr. Bollenbach questioned, rather than receiving the Committee’s approval this date, whether it would be more appropriate to apply for new Zoning on the property, which may decrease the restrictions on the property related to the ownership of the business and residing on-site. The Chair questioned what would occur if the property owner closed the business and the applicant continued to reside at the subject property. Ms. von Westerholt advised the property would be subject to enforcement, which is addressed on complaint basis. The Chair questioned whether the applicant wished to defer the application this date to allow further conversations with staff regarding the application. Ms. von Westerholt stated staff have no objection to the subject application. She noted if the owner receives a decision from the Committee this date, in the event he sells the business in the future, he may wish to contact staff at that time to review possible options. Moved by Ms. P. Kohli Seconded by Mr. D. Cybalski That the application of 834220 ONTARIO INC. requesting permission to construct an attached 3-car garage with rooftop amenity space on an existing commercial/residential dwelling having a rear yard setback of 4m rather than the required 7.5m; an easterly side yard setback of 0.77m rather than the required 1.2m; the required off-street parking spaces to be located 0.87m from Pequegnat Avenue rather than the required 6m; and, to have 4 of the required 5 off-street parking spaces for the office and dwelling unit to be located in tandem to the garage whereas the By-law does not permit tandem parking; and, to permit a parking lot not providing ingress and egress of vehicles to and from the street in a forward motion whereas the By-law requires the ability to ingress and egress in a forward motion, on Lot 1, Plan 111, 268 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain Site Plan approval for the parking layout, including removal of non-complying pavement at the side of the building, from the City’s Planning and Engineering Services Divisions. 2. That the owner shall submit elevation drawings to the Planning Division. 3. That Conditions 1 and 2 as noted above be completed no later than April 30, 2019. 4. That the owner shall acknowledge in writing that the dwelling unit be accessory to the business use and occupied only by the owner or staff. 5. That approval of Minor Variance Application A 2018-049 is permitted for the proposed office use as requested in the subject application. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 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. COMMITTEE OF ADJUSTMENT MINUTES MAY 15, 2018 - 148 - CITY OF KITCHENER 7. Submission No.: A 2018-049 (Cont’d) Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried CONSENT APPLICATIONS: 1. Submission Nos.: B 2018-031 and B 2018-032 Applicants: Drewlo Holdings Inc. Property Location: 25 and 75 Fallowfield Drive Legal Description: Blocks 2 & 3, Registered Plan 58M-250 Appearances: In Support: T. Hardacre G. Bikas Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever an irregular parcel of land from 75 Fallowfield Drive having an approximate width of 38.7m, an approximate depth of 95.8m and an area of 2,823 sq.m. to be conveyed as a lot addition to 25 Fallowfield Drive. Permission is also being requested to grant easements having a width of 3.05m and a depth of 78.2m located adjacent to the new lot line between 25 & 75 Fallowfield Drive for mutual access and servicing. The Committee considered Development Services Department report DSD-18-030 dated May 7, 2018, recommending approval of these applications subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated May 4, 2018, advising they have no objection to these applications, subject to the following condition: 1. That prior to final approval, the applicant submit an Environmental Noise Study for each block of the subject property to the Region of Waterloo, City of Kitchener, and CNR for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the City of Kitchener to implement the recommendationsof the study. The Committee considered the report of Kitchener-Wilmot Hydro Inc. dated May 8, 2018, advising although they have no objection to this application, they noted Kitchener-Wilmot Hydro Inc. has overhead distribution lines (on Blockline Road) for these applications. To ensure compliance with all applicable standards and regulations, a minimum horizontal distance (setback) of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole. The values take into consideration: • The maximum distance a KWHI typical powerline may swing (1.5m) during windy condition. • 3.0m minimum working distance per OHSA. • Framing on 7’-6” cross-arm. Outer wire is attached approximately 3’-6” (~1m) from centre of pole. • If pole line is framed using 9’-6” cross-arm, the distance from centre of pole should be adjusted accordingly. That is, 6.0m from centre line of pole. COMMITTEE OF ADJUSTMENT MINUTES MAY 15, 2018 - 149 - CITY OF KITCHENER 1. Submission Nos.: B 2018-031 & B 2018-032 (Cont’d) Messrs. T. Hardacre and G. Bikas were in attendance in support of the subject application and staff recommendation. The Chair noted comments from Kitchener Wilmot Hydro and the Region of Waterloo and requested their comments be included as part of the Committee’s decision. Submission No.: B 2017-031 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of DREWLO HOLDINGS INC. requesting permission to sever an irregular parcel of land from 75 Fallowfield Drive having an approximate width of 38.7m, an approximate depth of 95.8m and an area of 2,823 sq.m. to be conveyed as a lot addition to 25 Fallowfield Drive; and, to grant an easement having a width of 3.05m and a depth of 78.2m along the new property line between 25 and 75 Fallowfield Drive for access and services, on Blocks 2 & 3, Registered Plan 58M-250, 25 & 75 Fallowfield Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide 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 two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That Consent Application B 2018-032 shall receive full and final approval. 4. That the lands to be severed shall be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 5. That the owner’s solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the owner shall submit an Environmental Noise Study for each block of the subject property to the Region of Waterloo, City of Kitchener, and Canadian National Railway (CNR) for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the City of Kitchener to implement the recommendations of the study. 7. That the owner shall ensure there is a minimum horizontal distance (setback) of 4.5m from the projection of the outermost powerline or 5.5m from the centre line of each pole, to the satisfaction of Kitchener-Wilmot Hydro Inc. 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. COMMITTEE OF ADJUSTMENT MINUTES MAY 15, 2018 - 150 - CITY OF KITCHENER 1. Submission Nos.: B 2018-031 & B 2018-032 (Cont’d) 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 May 15, 2020. Carried Submission No.: B 2017-032 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of DREWLO HOLDINGS INC. requesting permission to grant easements having a width of 3.05m and a depth of 78.2m located adjacent to the new lot line between 25 & 75 Fallowfield Drive for mutual access and servicing, on Blocks 2 & 3, Registered Plan 58M- 250, 25 & 75 Fallowfield Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor in consultation with the City’s Director of Planning: a. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 2. That the owner shall obtain approval of all Engineering and servicing plans required for the proposed development of the severed and retained lands, including the recipient parcel, to the satisfaction of the Director of Engineering Services, prior to deed endorsement. 3. That the owner shall submit an Environmental Noise Study for each block of the subject property to the Region of Waterloo, City of Kitchener, and Canadian National Railway (CNR) for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the City of Kitchener to implement the recommendations of the study. 4. That the owner shall ensure there is a minimum horizontal distance (setback) of 4.5m from the projection of the outermost powerline or 5.5m from the centre line of each pole, to the satisfaction of Kitchener-Wilmot Hydro Inc. 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 MINUTES MAY 15, 2018 - 151 - CITY OF KITCHENER 1. Submission Nos.: B 2018-031 & B 2018-032 (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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 May 15, 2020. Carried ADJOURNMENT On motion, the meeting adjourned at 11:16 a.m. Dated at the City of Kitchener this 15th day of May, 2018 Dianna Saunderson Secretary-Treasurer Committee of Adjustment