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HomeMy WebLinkAboutCA - 2018-06-19COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 9:32 a.m. Present: Mr. D. Cybalski, Chair Mr. A. Head Mr. B. McColl 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 Mr. A. Head That the regular minutes of the Committee of Adjustment meeting held May 15, 2018, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE APPLICATIONS 1. Submission No.: A 2018-029 Applicant: Emmanuel Bible College Property Location: 110, 130 and 136 Fergus Avenue Legal Description: Lot 54, Part Farm Lot, Plan 589 and Part Lot 56, Plan 690 Appearances: In Support: J. Voss P.Leveck S. Roy J. Malfara Contra: S. Phillips J. Wilson Written Submissions: Neighbourhood Petition Mr. D. Cybalski recused himself as he was not present at the March 20, 2018 Committee of Adjustment meeting when the application was initially considered by the Committee and left the meeting at this time. Mr. A. Head assumed the Chair. The Committee was advised the applicant is requesting permission to construct a multi -residential development on the severed land referenced in Consent Application B 2017-040 having a 102 unit, four -storey residential apartment building and 35 townhouse units on lands designated under the City's Official Plan (OP) as Institutional and Low Rise Residential, having a maximum building height for the apartment building of 12.5m rather than the permitted maximum height of 10.5m; easterly and westerly side yard setbacks of 6m rather than the required 6.25m; a maximum Floor Space Ratio (FSR) of 0.853 rather than the permitted FSR of 0.6; to permit 171 off-street parking spaces (1.25 spaces/per unit) rather than the required 206 off-street parking spaces (1.5 spaces/per unit); and, to provide 34 visitor parking spaces (17% of the required parking) ratherthan the required 41 visitor parking spaces (20% of the required parking). The Committee considered Community Services Department report CSD -18-061 dated March 9, 2018, and a follow-up to the Report, dated June 4, 2018, both recommending refusal of the subject application. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19. 2018 -153- CITY OF KITCHENER i��1•T511�r•Ti1�t:7i�_��iyE:�iY�7NZ.7iiiC The Committee considered the report of the Region of Waterloo, Transportation Planner dated March 6, 2018, advising they have no concerns with this application. Ms. J. Voss and Mr. P. Leveck were in attendance on behalf of the property owner in support of the application and in opposition to staffs refusal recommendation. Ms. Voss advised the application was initially considered at the March 20, 2018 Committee of Adjustment meeting where the Committee recommended deferral to allow an opportunity to address the concerns raised by staff regarding the requested variances. She stated since the March meeting staff were provided a tree management plan and parking assessment, which were not addressed in Report CSD -18-061. Ms. Voss stated Planning staff have taken the position that an Official Plan (OP) Amendment and a Zone Change Application are required for the proposed development. Ms. Voss circulated a draft Site Plan demonstrating what would be permitted to be built on-site with the as -of -right Zoning on the subject property, and what is being proposed if the variances are approved. She indicated in her opinion the sites have very similar characteristics and demonstrates how the requested variances comply with the Zoning By-law. She indicated without the variances, the site would be under-utilized, it would have an inefficient development pattern and there would be an over -supply of parking, resulting in a less desirable development. Ms. Voss further advised they are at an impasse with staff regarding the subject application. She stated in her opinion, the requested variances improve the as -of -right site plan on the property and are in compliance with Provincial, Regional and Municipal policies. She stated the variances would promote efficient development patterns and efficient use of the existing and planned infrastructure, including transit, commercial and community amenities, adding in her opinion sufficient parking is being proposed and there are no adverse impacts on neighbouring properties. She reiterated that a request was made at the March Committee meeting to reduce the variance for Floor Space Ratio (FSR) from 0.853 as outlined in the application to 0.848. Ms. J. Wilson and Mr. S. Phillips, neighbouring property owners, were in attendance in opposition to the subject application and in support of staffs recommendation. They raised concerns with: the proposed size of the development; loss of green space and trees; increased vehicle and pedestrian traffic; traffic volumes and safety; and, parking. In response to questions, Mr. C. Dumart provided an overview of the staff report, stating it is staff's position that the proposed development does not conform to the Zoning By-law or the OP. He stated there are two designations applied to the subject property, being Low Rise Residential and Institutional, and the proposed development does not comply with either of the designations. He indicated staff have also raised additional concerns with servicing constraints and tree management plans, as well as parking and traffic issues. He stated since the deferral, the applicant submitted a Site Plan application, which was received May 17, 2018. Staff circulated the Site Plan application May 31, 2018; however, staff have been unable to complete the review. He noted the comments from the Region of Waterloo have not changed since the March meeting when the application was initially considered. Mr. Dumart stated staff's position for the application has not changed, the addendum Report outlines the recommendation for refusal. Questions were raised regarding what steps the applicant has taken between the March meeting and consideration of the application to date. Mr. Dumart advised when the application was initially before the Committee, no formal Site Plan application had been submitted for the proposed development. He stated staff were provided a concept plan for consideration in support of the proposed variances. He stated since that time, the applicant has formally submitted their Site Plan and there were no changes from what was being requested at the previous meeting. Mr. Dumart further advised the applicant is still requesting an increase in height, increased FSR, reduced setbacks and reduction in on-site and visitor parking, which do not conform to the Zoning By-law or OP. In response to further questions, Mr. Dumart explained overall the property has split OP Designations, adding the properties are also split -Zoned. He noted the portion of the property the applicant has identified as parkland dedication has not been formalized and is partially Zoned R -4 - the balance of the property is I-2 with special use provisions. He advised it is staffs position that the application does not conform with the OP, as the Institutional policies do not permit multiple- COMMITTEE OF ADJUSTMENT MINUTES JUNE 19. 2018 -154- CITY OF KITCHENER i��1•T511�r•Ti1�t:7i�_��iyE:�iY�7NZ.7iiiC residential uses as a stand-alone use and thus the application fails the four tests. He noted further concerns with servicing constraints, stating it is staffs opinion that the application is premature. Mr. B. McColl stated there seems to be some confusion regarding the subject application. He indicated although the applicant has advised changes have been made to the application, staff have a difference of opinion. He expressed disappointment that staff and the applicant appear to still be at an impasse. Mr. A. Head commented staffs comments do not appear to have changed since the original meeting. He requested clarification of the applicant's understanding of the impasse. Ms. Voss advised in her opinion, the major issue is that staff feel the application does not conform with the Official Plan. She stated the property is designated as Institutional under the 2014 OP; however, the entire Institutional policy section of the 2014 OP has been appealed to the Ontario Municipal Board (OMB) and is not in force and effect. She stated staff have taken their position by using the 1994 Official Plan and selecting a designation that is similar to the 2014 OP Institutional designation. She commented the property was never designated Institutional, noting in the 1994 OP the property was designated Mixed -Use Node. Ms. Voss further advised staff have used the Major Institutional policies in the 1994 OP and have applied those policies to the site, which is irrelevant because it was never designated Institutional. She stated the Major Institutional policies in the 1994 OP actually apply to the Institutional policies of the 2014 OP, because the City made a departure from their Institutional policy framework from the 1994 OP to the current plan, adding those policies have been appealed to the OMB because they do not permit residential uses. Ms. Voss stated in her opinion, staff have randomly picked a designation from their former plan that implements the new policies within the 2014 OP, which have been appealed to the OMB and are not currently in force and effect. She stated they have provided staff all the information they requested from the original meeting, and have submitted a Site Plan application. She noted the reduction in the FSR from 0.853 to 0.848 was changed prior to the March 20, 2018 Committee of Adjustment meeting and it was brought to the Committee's attention at that meeting. Ms. Voss stated they are at a fundamental impasse with City staff on the way they are applying the OP Policies. She further advised the variances do comply with the Zoning By-law as multiple -residential use is permitted within the Institutional Zone. She indicated they have submitted a number of supporting documents regarding the proposed development and staff have not given them proper consideration because they have taken the position that an OP Amendment and Zone Change application is required. She stated it is the applicants' position that they have as -of -right Zoning and as such, are requesting variances to that Zoning that are minor in nature and in conformity with the Zoning By-law. She stated with regards to the OP, the Mixed -Use Node policy should apply because that is what it was designated as in the 1994 OP; it was never designated Major Institutional. In response to questions, Mr. Dumart stated a tree -management plan and parking justification were submitted on May 17, 2018 as part of the Site Plan application. He stated for clarification, part of the site is designated as Low -Rise Residential and that Low -Rise designation permits a maximum of a 3 -story building height maximum as well as a maximum FSR of 0.75. He indicated the applicant is proposing a four -storey building and an FSR of 0.848, stating the OP clearly specifies anything above those requirements would require an Official Plan amendment. The Chair requested clarification on the servicing constraints related to the sanitary pumping station in relation to the increased density on site. Ms. Voss advised the forcemain is already under construction and is anticipated to be commissioned in October, 2018. She stated the proposed development will not be through the approval process prior to the forcemain being commissioned. She further advised at a pre -submission Site Plan meeting, staff advised there would be no concerns with the servicing as the forcemain was pending construction and they acknowledged that it would likely be commissioned prior to obtaining a building permit. In response to questions, Ms. Voss reiterated the property is designated Institutional in the 2014 OP but the policies are under appeal so they are not in force and effect this date. She noted they will not be in force and effect until the appeals have been addressed, noting there are no Institutional COMMITTEE OF ADJUSTMENT MINUTES JUNE 19. 2018 -155- CITY OF KITCHENER i��1•T511�r•Ti1�t:7i�_��iyE:�iY�7NZ.7iiiC policies in effect for this property in the Official Plan. She stated the portion of the property they are intending to develop is completely within the 1-2 Zone. Mr. Dumart noted the property has split designation in the OP, it is half institutional and half low- rise residential. He advised the applicant is referring to the 1994 OP where the property was designated Mixed -Use, which is no longer in effect. He further advised the property is designated Institutional, adding due to the OP appeals, the policies are currently not in effect. Mr. Dumart stated staff have based their opinions on the 1994 institutional policies, reiterating that the mixed-use designation is no longer in effect. Ms. Voss stated the property does have a split designation, noting the Institutional policies in the 2014 OP were appealed by another developer because they did not agree with the policy framework within the OP because the policy does not permit any residential development in an Institutional designation, which was previously permitted in the 1994 OP. She stated all of the Institutional policies are before the board, and due to the designation of the 2014 OP, staff are now selecting a designation from the 1994 OP, which is Major Institutional. She stated the only properties having that designation in the 1994 OP were schools, universities and hospitals; within that designation residential was not permitted as a stand-alone use. Ms. Voss further advised it is their opinion staff have selected a designation that is attempting to enforce policies within the 2014 OP, which are actually under appeal. She stated they made a presentation at the March meeting justifying the impasse between staffs opinion and the applicants'. She indicated in her opinion, staff are applying a designation that the property has never been subject to. Ms. Voss reiterated they have as -of -right Zoning and would be permitted to obtain a building permit for the development that was circulated this date, which is similar to the development in which they are requesting variances on. Mr. Dumart stated that although the policies of the 2014 OP are under appeal, the City can refer to parallel policies from the 1994 OP, which are the Major Institutional policies. He stated the applicant is correct in that those policies were intended for Major Institutional uses, noting what is currently in existence on the site this date is Emmanuel Bible College. He further advised the site was created through a Consent application using the Major Institutional land use policies to create the two lots. He noted the Major Institutional policies do contemplate similar ranges of uses as the Institutional policies outlined in the 2014 OP and the proposed variances do not conform to the designation. Mr. Dumart further advised Section 7.14 only permits multiple residential uses that are developed in conjunction with an Institutional use. He further advised part of the site is low-rise residential, and is allowed a maximum building height of three stories and an FSR of 0.75; the wording in the OP specifically states anything above these maximums require an OP Amendment. Mr. McColl stated he is aware the Committee has approved an increase in FSR in previous applications. Mr. Dumart stated the Committee has never approved an increase in FSR beyond 0.75 for a Low -Rise Residential designation. Ms. Voss advised the FSR within the Low -Rise Residential portion of the property is 0.591, adding staff have are using the FSR for the entire site. In response to questions, Mr. Dumart advised it would be premature to comment on a possible outcome of an OP Amendment and Zone Change. In response to questions, Ms. Voss advised if the Committee refused the application they would likely appeal the decision to the Local Planning Appeal Tribunal (LPAT); or, depending on timing, they may consider constructing the as -of -right development as demonstrated to the Committee this date. Moved by Mr. B. McColl Seconded by Mr. A. Head COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -156- CITY OF KITCHENER 1. Submission No.: A 2018-029 (Cont'd) That the application of EMMANUEL BIBLE COLLEGE requesting permission to construct a multi - residential development on the severed land referenced in Consent Application B 2017-040 having a 102 unit, four -storey residential apartment building and 35 townhouse units on lands designated under the City's Official Plan as Institutional and Low Rise Residential having a maximum building height for the apartment building of 12.5m rather than the permitted maximum height of 10.5m; easterly and westerly side yard setbacks of 6m rather than the required 6.25m; a maximum Floor Space Ratio (FSR) of 0.848 rather than the permitted FSR of 0.6; to permit 171 off-street parking spaces (1.25 spaces/per unit) rather than the required 206 off-street parking spaces (1.5 spaces/per unit); and, to provide 34 visitor parking spaces (17% of the required parking) ratherthan the required 41 visitor parking spaces (20% of the required parking), on Lot 54, Part Farm Lot, Plan 589 and Part Lot 56, Plan 690, 110, 130 and 136 Fergus Avenue, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variances requested in this application are not minor. 2. This application is not 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 not 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 Mr. D. Cybalski re-entered the meeting at this time and resumed the Chair 2. Submission No.: A 2018-045 Applicant: Christian Tosa Property Location: 46 Paige Street Legal Description: Lot 42, Registered Plan 58M-411 Appearances: In Support: C. Tosa Contra: A. Elsaesser Written Submissions: None The Committee was advised the applicant is 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 The Committee considered Development Services Department report DSD -18-025 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. C. Tosa was in attendance in support of the subject application and staff recommendation. Ms. A. Elsaesser, neighbouring property owner, was in attendance to clarify the purpose of the application. She stated she had no objections to the proposed variance request. Moved by Mr. A. Head Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -157- CITY OF KITCHENER 2. Submission No.: A 2018-045 (Cont'd) That the application of CRISTIAN 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, on Lot 42, Registered Plan 58M-411, 46 Paige Street, Kitchener, Ontario, BE APPROVED. 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 This meeting recessed at 10:17 a.m. and reconvened at 10:27 a.m. with all members present, Chaired by Mr. D. Cybalski. NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2018-050 Applicant: Voisin Developments Ltd. Property Location: 5 Wake Robin Drive Legal Description: Block 38, Registered Plan 1758 Appearances: In Support: S. Mirtitsch P. Bisanti Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 3 -storey residential development having 54 units with a Floor Space Ratio (FSR) of 0.74m rather than the permitted maximum FSR of 0.6m; and, having a maximum building height of 11.4m rather than the permitted maximum height of 10.5m. The Committee considered Development Services Department report DSD -18-048 dated June 11, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated June 6, 2018, advising they have no concerns with this application. Ms. S. Mirtitsch and Mr. P. Bisanti were in attendance in support of the subject application and staff recommendation. Mr. McColl suggested, and it was agreed, that a condition be added requiring the applicant to obtain a building permit. Moved by Mr. B. McColl Seconded by Mr. A. Head COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -158- CITY OF KITCHENER 1. Submission No.: A 2018-050 (Cont'd) That the application of VOISIN DEVELOPMENTS LIMITED requesting permission to construct a 3 -storey residential development having 54 units with a Floor Space Ratio (FSR) of 0.74m rather than the permitted maximum FSR of 0.6m; and, having a maximum building height of 11.4m rather than the permitted maximum height of 10.5m, on Block 38, Registered Plan 1758, 5 Wake Robin Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit for the proposed development from the City's Building Division. 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 2. Submission No.: A 2018-051 Applicant: Jerod Klink Property Location: 188 Hawkswood Drive Legal Description: Part Block 2, Registered Plan 58M-181, being Part 33 on Reference Plan 58R-12968 Appearances: In Support: D. Szusz Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a sunroom onto the rear of an existing single detached dwelling having a rear yard setback of 5.5m rather than the required 7.5m. The Committee considered Development Services Department report DSD -18-049 dated June 12, 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 June 6, 2018, advising they have no concerns with this application. Mr. D. Szusz was in attendance in support of the subject application and staff recommendation In response to questions regarding a tree located in the rear yard of the subject property that encroaches onto City land, Ms. Von Westerholt stated the City at times may request that the property owner enter into an encroachment agreement, adding at this time staffs comments are intended to identify a possible conflict. Mr. A. Head stated in his opinion, the tree may become an issue in the future if the applicant wishes to build a fence. He indicated at this time the property backs onto a park and no further issues were raised this date. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -159- CITY OF KITCHENER 2. Submission No.: A 2018-051 (Cont'd) Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of JEROD and KAREN KLINK requesting permission to construct a sunroom onto the rear of an existing single detached dwelling having a rear yard setback of 5.5m rather than the required 7.5m, on Part Block 2, Registered Plan 58M-181, being Part 33 on Reference Plan 58R-12968, 188 Hawkswood Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division for the proposed rear yard addition. 2. That the owner shall complete Condition 1 above prior to December 31, 2018. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 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 2018-052 Applicant: Milestone Developments Inc. Property Location: 187 Rivertrail Avenue Legal Description: Lot 20, Registered Plan 58M-597 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a westerly side yard setback of 1.0m rather than the required 1.2m. The Committee considered Development Services Department report DSD -18-050 dated June 11, 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 June 6, 2018, advising they have no concerns with this application. Mr. P. Haramis was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Mr. A. Head COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -160- CITY OF KITCHENER 3. Submission No.: A 2018-052 (Cont'd) That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having a westerly side yard setback of 1.0m ratherthan the required 1.2m, on Lot 20, Registered Plan 58M-597, 187 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the Building Division for the proposed single detached dwelling. 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 Submission No.: A 2018-053 Applicant: Roland Drasdo Property Location: 70 Dumart Place Legal Description: Part Lot 112, German Company Tract, being Parts 3 & 4 on Reference Plan 58R-4941 Appearances: In Support: R. Drasdo Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an addition onto an existing garage adjacent to a residential zone having a rear yard setback of 3.82m rather than the required 14m. The Committee considered Development Services Department report DSD -18-051 dated June 12, 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 June 6, 2018, advising they have no concerns with this application. Mr. R. Drasdo was in attendance in support of the subject application and staff recommendation. In response to questions, he confirmed the structure in the rear yard was a shed. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of ROLAND DRASDO requesting permission to construct an addition onto an existing garage adjacent to a residential zone having a rear yard setback of 3.82m rather than the required 14m, on Part Lot 112, German Company Tract, being Parts 3 & 4 on Reference Plan 58R- 4941, 70 Dumart Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 - 161 - CITY OF KITCHENER 4. Submission No.: A 2018-053 (Cont'd) 1. That the owner shall obtain a building permit from the Building Division for the proposed addition to the garage. 2. That the owner shall remove the accessory structures located within 3.82 metres of the rear property line. 3. That the owner shall receive approval for a landscape plan from the Urban Designer in conjunction with the Stamp Plan B application. 4. That the owner shall complete Conditions 1, 2 and 3 above prior to January 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. 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 CONSENT APPLICATIONS: 1. Submission No.: B 2018-033 Applicants: Jennifer Pfister Property Location: 23 Hillcrest Court Legal Description: Part Lot 9, Plan 1503 Appearances: In Support: K. Wills K. Droumtsekas Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a triangular-shaped parcel of land from the rear portion of 23 Hillcrest Court having a width of 49.104m a depth of 48.286 and an area of 1,106. sq.m. to be conveyed as a lot addition to 92 and 96 Woolwich Street. The properties are intended for residential development. The Committee considered Development Services Department report DSD -18-052 dated June 11, 2018, recommending approval of these applications subjectto the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated June 11, 2018, advising they have no objection to this application, subject to the following condition: COMMITTEE OF ADJUSTMENT MINUTES JUNE 19. 2018 -162- CITY OF KITCHENER Me, Ll 1�6-SPOIR31810014 Me, ire 1. That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo 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. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated June 8, 2018 advising although they have no objection to this application, the majority of the lands to be retained and all of the lands to be severed are regulated due to the allowance to the Provincially Significant Melitzer Creek Wetland Complex. They noted any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. The Committee was in receipt of comments from the City of Waterloo, advising although they have no objection to this application, they noted formal comments on any future development application(s) with respect to the lands receiving the severed portion will be provided at that time. Ms. K. Wills and Mr. K. Droumtsekas were in attendance in support of the subject application. Ms. Wills noted there was a typographical error in the staff recommendation, otherwise she was in support the staff recommendation. She stated the applicant has consulted with the Region of Waterloo regarding the Noise Study, and it has been confirmed the Noise Study condition would be removed as a condition of approval, adding it would be addressed during the Zone Change application process. Ms. J. von Westerholt stated she has received confirmation from Region that was their wish. Mr. D. Cybalski noted the Grand River Conservation Authority (GRCA) comments. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of JENNIFER PFISTER requesting permission to sever a triangular-shaped parcel of land having a width of 49.104m, a depth of 48.286 and an area of 1,106. sq.m. to be conveyed as a lot addition to the property municipally addressed as 92-96 Woolwich Street, on Part Lot 9, Plan 1503, 23 Hillcrest Court, 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 Agn (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 the lands to be severed 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. 4. 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. 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 JUNE 19. 2018 -163- CITY OF KITCHENER 1. Submission No.: B 2018-033 (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 Carried 2. Submission Nos.: B 2018-034 to B 2018-040 and B 2018-043 Applicants: JC Homes Inc. Property Location: 810 Frederick Street Legal Description: Lot 12, Plan 971 Appearances: In Support: N. Hallman Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever 8 residential lots, create mutual stormwater management and access easements; and, covey a lot addition from the easterly lot to the adjacent property municipally addressed as 57 Turner Avenue. The proposed severed lots will front onto Turner Avenue and will have the following dimensions: B 2018-034 ("Retained" Lot, Parts 8, 9 and 22) will have a width of 14.102m, a depth of 30.48m and an area - 430.9 sq. m. B 2018-035 (Severed Lot 1, Parts 7, 10 and 21) will have a width of 5.66m, a depth of 30.48m and an area of 172.5 sq.m. B 2018-036 (Severed Lot 2, Parts 6, 11 and 20) will have a width of 5.66m, a depth of 30.48m and an area of 171.9 sq.m. B 2018-037 (Severed Lot 3, Parts 5, 12 and 19) will have a width of 5.66m, a depth of 30.48m and an area of 171.9 sq.m. B 2018-038 (Severed Lot 4, Parts 4, 13 and 18) will have a width of 5.66m, a depth of 30.48m and an area of 171.9 sq.m. B 2018-039 (Severed Lot 5, Parts 3, 14 and 17) will have a width of 12.64m, a depth of 30.48m and an area of 171.9 sq. m. B 2018-040 (Severed Lot 6, Parts 2 and 15) will have a width of 5.66m, a depth of 30.48m and an area of 171.9 sq. m. B 2018-043 (Severed Lot 7, Parts 1, 16 and 23) will have a width of 12.64m, a depth of 30.48m and an area of 377.0 sq. m. Permission is also being requested to sever a parcel of land having a width of 0.4m and a depth of 30.48m identified as Part 23 on the plan submitted with the application, to be conveyed as a lot addition to the adjacent property municipally addressed as 57 Turner Avenue; and, to grant easements at the rear of the subject properties over Parts 9 to 22 on the plan submitted with the application having an overall width of 5m for stormwater management services; and, easements over parts 17 to 22 having a width of 0.9m for mutual access for the adjacent properties. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -164- CITY OF KITCHENER 2. Submission No.: B 2018-034 to B 2018-040 and B 2018-043 (Cont'd) The Committee considered Development Services Department report DSD -18-053 dated June 11, 2018, recommending approval ofthese 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 June 11, 2018, advising they have no objection to these applications, subject to the following conditions: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 2. That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo 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. Mr. N. Hallman was in attendance in support of the subject applications and staff recommendations. The Chair noted comments from the Region of Waterloo and requested their proposed conditions be included as part of the Committee's decision. Mr. B. McColl questioned if a parkland dedication payment should be included in the Committee's decision. Ms. J. von Westerholt stated parkland dedication had already been addressed for the subject property. Ms. D. Saunderson requested, and it was agreed, that two additional conditions be included in the Committee's decision related to the lot addition to ensure the lots are taken in identical ownership and the PINs are consolidated. Mr. Hallman questioned the Region of Waterloo's proposed condition requiring a Noise Study, stating it was his understanding that a Noise Study would only be required for a condominium development. He noted the development was subject to Site Plan approval and a Noise Study was not requirement of that process. Mr. A. Head questioned whether the condition related to the Noise Study could be substituted with a noise warning clause. Ms. J. von Westerholt stated it would be her preference that the proposed noise condition remain as requested by the Region of Waterloo, adding they could waive the requirement if it was their wish. The Chair suggested, and it was agreed, that the Region of Waterloo's proposed Noise Study condition be included in the Committee's decision. A motion was brought forward by Mr. B. McColl to approve the recommendation outlined in Report DSD -18-053, including the two Conditions proposed by the Region of Waterloo, which was seconded by Mr. D. Cybalski. Mr. A. Head voted in opposition. Submission No.: B 2017-034 Moved by Mr. B. McColl Seconded by D. Cybalski That the application of JC HOMES INC. requesting permission to grant an easement for the land identified as the "Retained Lot, Parts 8, 9 and 22" on the plan submitted with the application over Parts 9 and 22 having an overall width of 5m for stormwater management services; and, an easement over Part 22 having a width of 0.9m for mutual access for the adjacent properties, on Lot 12, Plan 971, 810 Frederick Street, 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. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -165- CITY OF KITCHENER 2. Submission No.: B 2018-034 to B 2018-040 and B 2018-043 (Cont'd) 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 Agn (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 the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easements 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); and further, b. a clause/statement/wording confirming that the Easements 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. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the owner shall submit an Environmental Noise Study to the Region of Waterloo 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. 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 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 Carried Submission No.: B 2017-035 Moved by Mr. B. McColl Seconded by D. Cybalski That the application of J C HOMES INC. requesting permission to sever a parcel of land identified as "Severed Lot 1, Parts 7, 10 and 21" on the plan submitted with the application having a width on Turner Avenue of 5.66m, a depth of 30.48m and an area of 172.5 sq.m.; to grant an easement over Parts 10 and 21 having an overall width of 5m for stormwater management services; and, an easement over Part 21 having a width of 0.9m for mutual access for the adjacent properties, on Lot 12, Plan 971, 810 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -166- CITY OF KITCHENER 2. Submission No.: B 2018-034 to B 2018-040 and B 2018-043 (Cont'd) 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 Agn (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 the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easements 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); and further, b. a clause/statement/wording confirming that the Easements 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. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 6. That the owner shall submit an Environmental Noise Study to the Region of Waterloo 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. 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 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 Carried Submission No.: B 2017-036 Moved by Mr. B. McColl Seconded by D. Cybalski That the application of J C HOMES INC. requesting permission to sever a parcel of land identified as "Severed Lot 2, Parts 6, 11 and 20" on the plan submitted with the application having a width on Turner Avenue of 5.66m, a depth of 30.48m and an area of 171.9 sq.m.; to grant an easement over Parts 11 and 20 having an overall width of 5m for stormwater management services; and, an easement over Part 20 having a width of 0.9m for mutual access for the adjacent properties, on Lot 12, Plan 971, 810 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -167- CITY OF KITCHENER 2. Submission No.: B 2018-034 to B 2018-040 and B 2018-043 (Cont'd) 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 Agn (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 the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easements 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); and further, b. a clause/statement/wording confirming that the Easements 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. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 6. That the owner shall submit an Environmental Noise Study to the Region of Waterloo 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. 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 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 Carried Submission No.: B 2017-037 Moved by Mr. B. McColl Seconded by D. Cybalski COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -168- CITY OF KITCHENER 2. Submission No.: B 2018-034 to B 2018-040 and B 2018-043 (Cont'd) That the application of J C HOMES INC. requesting permission to sever a parcel of land identified as "Severed Lot 3, Parts 5, 12 and 19" on the plan submitted with the application having a width on Turner Avenue of 5.66m, a depth of 30.48m and an area of 171.9 sq.m.; to grant an easement over Parts 12 and 19 having an overall width of 5m for stormwater management services; and, an easement over Part 19 having a width of 0.9m for mutual access for the adjacent properties, on Lot 12, Plan 971, 810 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 Agn (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 the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easements 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); and further, b. a clause/statement/wording confirming that the Easements 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. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 6. That the owner shall submit an Environmental Noise Study to the Region of Waterloo 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. 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 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 Carried COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -169- CITY OF KITCHENER 2. Submission No.: B 2018-034 to B 2018-040 and B 2018-043 (Cont'd) Submission No.: B 2017-038 Moved by Mr. B. McColl Seconded by D. Cybalski That the application of J C HOMES INC. requesting permission to sever a parcel of land identified as "Severed Lot 4, Parts 4, 13 and 18" on the plan submitted with the application having a width on Turner Avenue of 5.66m, a depth of 30.48m and an area of 171.9 sq.m.; to grant an easement over Parts 13 and 18 having an overall width of 5m for stormwater management services; and, an easement over Part 18 having a width of 0.9m for mutual access for the adjacent properties, on Lot 12, Plan 971, 810 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 Agn (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 the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easements 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); and further, b. a clause/statement/wording confirming that the Easements 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. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 6. That the owner shall submit an Environmental Noise Study to the Region of Waterloo 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. 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. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -170- CITY OF KITCHENER 2. Submission No.: B 2018-034 to B 2018-040 and B 2018-043 (Cont'd) 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 Carried Submission No.: B 2017-039 Moved by Mr. B. McColl Seconded by D. Cybalski That the application of J C HOMES INC. requesting permission to sever a parcel of land identified as "Severed Lot 5, Parts 3, 14 and 17" on the plan submitted with the application having a width on Turner Avenue of 12.64m, a depth of 30.48m and an area of 171.9 sq.m.; to grant an easement over Parts 14 and 17 having an overall width of 5m for stormwater management services; and, an easement over Part 17 having a width of 0.9m for mutual access for the adjacent properties, on Lot 12, Plan 971, 810 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 Agn (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 the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easements 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); and further, b. a clause/statement/wording confirming that the Easements 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. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 6. That the owner shall submit an Environmental Noise Study to the Region of Waterloo 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. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 - 171 - CITY OF KITCHENER 2. Submission No.: B 2018-034 to B 2018-040 and B 2018-043 (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 Carried Submission No.: B 2017-040 Moved by Mr. B. McColl Seconded by D. Cybalski That the application of J C HOMES INC. requesting permission to create a parcel of land identified as "Severed Lot 6, Parts 2 and 15" on the plan submitted with the application having a width on Turner Avenue of 5.66m, a depth of 30.48m and an area of 171.9 sq.m.; and, to grant an easement over Part 15 having an overall width of 5m for stormwater management services, on Lot 12, Plan 971, 810 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 Agn (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 the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easements 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); and further, b. a clause/statement/wording confirming that the Easements 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. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 6. That the owner shall submit an Environmental Noise Study to the Region of Waterloo 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. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -172- CITY OF KITCHENER 2. Submission No.: B 2018-034 to B 2018-040 and B 2018-043 (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 Carried Submission No.: B 2017-043 Moved by Mr. B. McColl Seconded by D. Cybalski That the application of J C HOMES INC. requesting permission to sever a parcel of land identified as "Severed Lot 7, Parts 1, 16 and 23" on the plan submitted with the application having a width on Turner Avenue of 12.64m, a depth of 30.48m and an area of 377.0 sq.m.; permission to further sever a parcel of land having a width of 0.4m and a depth of 30.48m identified as Part 23 on the plan submitted with the application to be conveyed as a lot addition to 57 Turner Avenue; and, to grant an easement at the rear of the subject property over Part 16 having an overall width of 5m for stormwater management services, on Lot 12, Plan 971, 810 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 Agn (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 the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easements 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); and further, b. a clause/statement/wording confirming that the Easements 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. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the lands to be severed 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. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -173- CITY OF KITCHENER 2. Submission No.: B 2018-034 to B 2018-040 and B 2018-043 (Cont'd) 6. 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. 7. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 8. That the owner shall submit an Environmental Noise Study to the Region of Waterloo 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. 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 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 Carried COMBINED APPLICATIONS: 1. Submission Nos.: B 2018-041, B 2018-042, A 2018-054, A 2018-055 & A 2018-056 Applicant: Keystone Property Developments Inc. Property Location: 62 Daniel Avenue Legal Description: Part Lot 9, Plan 675, being Part 2 on Reference Plan 58R-16318 Appearances: In Support: S. Patterson M. Kovacevic Contra: R. Dann E. Dann Written Submissions: Neighbourhood Petitions The Committee was advised the applicant is requesting permission to sever two lots for residential development and retain one lot. The proposed lots will have the following dimensions: B 2018-041 (Severed Lot 1) will have a width of 12.21 m, a depth of 30.55m and an area of 372.93 sq. m. Permission is also being requested for a minor variance for Severed Lot 1 to have a lot width of 12.2m rather than the required 13.7m. B 2018-042 (Severed Lot 2) will have a width of 12.21 m, a depth of 30.58m and an area of 373.34 sq. m. Permission is also being requested for a minor variance for Severed Lot 2 to have a lot width of 12.2m rather than the required 13.7m. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -174- CITY OF KITCHENER 1. Submission No.: B 2018-041, B 2018-042, A 2018-054, A 2018-055 & A 2018-056 (Cont'd) The Retained lot will have a width of 12.21, a depth of 30.61 and an area of 373.79 sq.m. Permission is also being requested for a minor variance for the retained land to have a lot width of 12.2m rather than the required 13.7m. The Committee considered Community Services Department report DSD -18-054 dated June 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 June 11, 2018, advising they have no objection to applications B 2018- 041 and B 2018-042. The Committee considered the report of the Region of Waterloo, Transportation Planner dated June 6, 2018, advising they have no concerns with applications A 2018-054, A 2018-055 and A 2018-056. Mr. S. Patterson was in attendance in support of the subject applications. He stated although he had no concerns with staff's recommendation, he expressed concerns with the timing for the driveways as outlined in Condition 10 of the staff report. He stated depending on the timeline for building permits timelines, it may require the applicant to install the driveway in the winter months to complete the consent within the one-year time frame. The Chair suggested, and it was agreed, that Condition 10 as outlined in the staff report be amended to remove the wording indicating 'prior to occupancy'. Ms. R. Dann, neighbouring property owner, was in attendance in objection to the subject applications and staff recommendations. She expressed concerns with: the size and width of the street; driveway access; and, population density for that area, adding in her opinion the proposed dwellings do not conform to the existing area homes. The Chair referenced an area map, noting there appeared to be a number of lots in the subject area that are similar in size to the ones proposed. Mr. B. McColl stated the subject property is similar in size to those located across the street, adding the proposed lots will be smaller than those on the same side of the street. He noted the proposed variances are fairly small, adding other than the lot width, the subject application meets the By-law requirements. Submission No.: B 2018-041 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of MILAN and LARA KOVACEVIC requesting permission to sever a parcel of land identified as Severed Lot 1 on the plan submitted with the application having a width of 12.21 m, a depth of 30.55m and an area of 372.93 sq. m., on Part Lot 9, Plan 675, being Part 2 on Reference Plan 58R-16318, 62 Daniel Avenue, 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(ies) 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 Agn (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 Minor Variance Applications A 2018-054, A 2018-055 & A 2018-056 shall receive full and final approval. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -175- CITY OF KITCHENER Submission No.: B 2018-041, B 2018-042, A 2018-054, A 2018-055 & A 2018-056 (Cont'd) 4. That the owner shall submit a site layout plan showing the proposed location of all buildings and driveways and elevation drawings showing scale and massing of the proposed buildings relative to the established streetscape to the satisfaction of the City's Director of Planning. 5. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That prior to any grading or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning, showing: i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; ii. the location of any existing buildings or structures to be removed or relocated; iii. the proposed grades and drainage; iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; V. justification for any trees to be removed; and, vi. outline tree protection measures for trees to be preserved; and further, vii. building elevation drawings. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The owner shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 7. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $5,616.60. 8. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 9. 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 and retained lands. 10. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense to the satisfaction of the City's Engineering Services. 11. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -176- CITY OF KITCHENER 1. Submission No.: B 2018-041, B 2018-042, A 2018-054, A 2018-055 & A 2018-056 (Cont'd) 12. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 13. That the owner shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 14. That the owner shall provide funds for a future concrete sidewalk for the severed lands only to the City's Engineering Services along the Daniel Avenue frontage. 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 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 Carried Submission No.: B 2018-042 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of MILAN and LARA KOVACEVIC requesting permission to sever a parcel of land identified as Severed Lot 2 on the plan submitted with the application having a width of 12.21 m, a depth of 30.58m and an area of 373.34 sq. m., on Part Lot 9, Plan 675, being Part 2 on Reference Plan 58R-16318, 62 Daniel Avenue, 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(ies) 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 Agn (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 Minor Variance Applications A 2018-054, A 2018-055 & A 2018-056 shall receive full and final approval. 4. That the owner shall submit a site layout plan showing the proposed location of all buildings and driveways and elevation drawings showing scale and massing of the proposed buildings relative to the established streetscape to the satisfaction of the City's Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -177- CITY OF KITCHENER Submission No.: B 2018-041, B 2018-042, A 2018-054, A 2018-055 & A 2018-056 (Cont'd) 5. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That prior to any grading or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning, showing: i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; ii. the location of any existing buildings or structures to be removed or relocated; iii. the proposed grades and drainage; iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; V. justification for any trees to be removed; and, vi. outline tree protection measures for trees to be preserved; and further, vii. building elevation drawings. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The owner shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 7. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $5,616.60. 8. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 9. 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 and retained lands. 10. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense to the satisfaction of the City's Engineering Services. 11. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -178- CITY OF KITCHENER 1. Submission No.: B 2018-041, B 2018-042, A 2018-054, A 2018-055 & A 2018-056 (Cont'd) 12. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 13. That the owner shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 14. That the owner shall provide funds for a future concrete sidewalk for the severed lands only to the City's Engineering Services along the Daniel Avenue frontage. 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 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 Carried Submission No.: A 2018-054 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of MILAN and LARA KOVACEVIC requesting permission for Severed Lot 1 as per the plan submitted with the application to have a lot width of 12.2m rather than the required 13.7m; and, to have a lot area of 372.934 sq.m. rather than the required 411 sq.m., on Part Lot 9, Plan 675, being Part 2 on Reference Plan 58R-16318, 62 Daniel Avenue, 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 COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -179- CITY OF KITCHENER 1. Submission No.: B 2018-041, B 2018-042, A 2018-054, A 2018-055 & A 2018-056 (Cont'd) Submission No.: A 2018-055 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of MILAN and LARA KOVACEVIC requesting permission for Severed Lot 2 as per the plan submitted with the application to have a lot width of 12.2m rather than the required 13.7m; and, to have a lot area of 373.389 sq.m. rather than the required 411 sq.m., on Part Lot 9, Plan 675, being Part 2 on Reference Plan 58R-16318, 62 Daniel Avenue, 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 Submission No.: A 2018-056 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of MILAN and LARA KOVACEVIC requesting permission for the Retained Lot 3 as per the plan submitted with the application to have a lot width of 12.2m rather than the required 13.7m; and, to have a lot area of 372 sq.m. rather than the required 411 sq.m., on Part Lot 9, Plan 675, being Part 2 on Reference Plan 58R-16318, 62 Daniel Avenue, 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 COMMITTEE OF ADJUSTMENT MINUTES JUNE 19, 2018 -180- CITY OF KITCHENER ADJOURNMENT On motion, the meeting adjourned at 11:16 a.m. Dated at the City of Kitchener this 19th day of June, 2018. Dianna Saunderson Secretary -Treasurer Committee of Adjustment