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HomeMy WebLinkAboutCA Agenda - 2019-11-19THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594 As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY, November 19, 2019, commencing at 10:00 a.m. in the Council Chamber, 2nd Floor, Kitchener City Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may attend this meeting. Please note this meeting is open to the public and may be recorded. Copies of written submissions and public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE —CHAPTERS 680 (SIGNS) & 630 (FENCES) OF THE MUNICIPAL CODE The recommendations of the Committee of Adjustment on Minor Variances to Chapters 680 (Signs) and 630 (Fences) of the Municipal Code will be forwarded to City Council for final approval. FN 2019-002 - 123 Mountain Mint Crescent Permission to construct a wooden fence having a height of 1.5m located 0.5m from the property line rather than the maximum permitted height of 0.9m. SG 2019-016 - 500 Fairway Road South Permission to alter an existing ground -supported sign to add an additional 2.62 sq.m. in sign area totaling 21.81 sq.m., whereas the By-law only permits a maximum sign area of 20 sq.m. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2019-111 - 37-39 Pandora Avenue North Permission for an existing duplex to have one of the required off-street parking spaces to be 2.6m by 5.14m rather than the permitted 2.6m by 5.5m. A 2019-112 - 45 Heiman Street Permission for a semi-detached dwelling under construction to have a front porch exceeding 0.6m in height to be setback 3.35m from the front lot line rather than the required 4.5m. A 2019-113 - 47 Heiman Street Permission for a semi-detached dwelling under construction to have a front porch exceeding 0.6m in height to be setback 3.35m from the front lot line rather than the required 4.5m. A 2019-114 - 45 Maywood Road Permission to construct a sunroom in the front yard of an existing single detached dwelling having a front yard setback of 8.42m rather than the required 10.7m. A 2019-115 - 593 Charles Street East Permission to convert an existing residential dwelling into a commercial financial institution on a lot having a width of 12.217m rather than the required 15m; an easterly side yard setback of 1.119 rather than the required 1.2m; and, to have 3 -off street parking spaces rather than the required 5 -off street parking spaces. Page 1 of 4 A 2019-116 - 10 Shanley Street Permission to convert an existing duplex into a triplex on a lot having an area of 436 sq.m. rather than the required 495 sq.m.; a front yard setback of 3.76m rather than the required 4.5m; a rear yard setback of 4.99m rather than the required 7.5m; and, to permit parking between the front facade and the front lot line whereas the By-law does not permit parking between the front facade and the front lot line. A 2019-117 - 450 Rivertrail Avenue Permission to construct a single detached dwelling having a westerly side yard setback of 1.28m, whereas the By-law requires a dwelling having a side yard setback of Om to a maximum of 0.2m on one side, to have a minimum 1.5m on the opposite side. A 2019-118 - 8 Devon Street Permission to convert an existing single detached dwelling into a duplex on a lot having an area of 137.5 sq.m. rather than the required 235 sq.m.; a front yard setback of 1m rather than the required 4.5m; a rear yard setback of 0.75m rather than the required 7.5m; a southerly side yard setback of 0.56m rather than the required 1.2m; off-street parking setback of 2.9m from the front lot line rather than the required 6m; and, to have a maximum lot coverage of 51% whereas the By-law permits a maximum lot coverage of 45%. A 2019-119 - 51 David Street Permission for a multi -residential development to have a parking rate of 0.6 off-street parking spaces/per unit rather than the required 1.0 off-street parking spaces/per unit. The subject development was previously approved for a parking rate of 0.67 off-street parking spaces/per unit (Minor Variance application A 2017-128). A 2019-120 - 14 Frontier Drive Permission to construct a covered deck in the rear yard of an existing single detached dwelling having a rear yard setback of 4.5m rather than the required 7.5m. A 2019-121 - 80, 86, 92 and 96 Sydney Street North Permission to construct a 3.5 -storey 44 -unit town house development having a rear yard setback of 4.9m rather than the required 7.5m; a front yard setback for visitor parking being 5.8m from the property line rather than the required 6m; front porches exceeding 0.6m in height to be located 3.3m from the property line rather than the required 6m; a visual barrier of 1.5m in height abutting a residential zone rather than the required height of 1.8m; an off-street parking rate of 1.15 spaces/per unit (51 off-street parking spaces) rather than the required 1.25 spaces/per unit (55 off-street parking spaces); and, 13% of the required visitor parking spaces (7 off-street parking spaces) rather than the required 20% (11 off-street parking spaces). A 2019-122 - 1092 Queens Boulevard Permission to convert an existing residential dwelling into a triplex by adding a ground floor addition expanding the ground floor area by 82% whereas the By-law only permits a ground floor area increase of 25%. A 2019-123 - 181-197 Frederick Street & 143, 145 & 147 Lancaster Street East Permission to construct a 10 -storey mixed -used building containing both residential and commercial suites having a front yard setback of 1.9m rather than the required 3m; a Floor Space Ratio (FSR) of 2.72 rather than the maximum permitted FSR of 2.33; a residential parking rate of 0.9 spaces/per unit plus 0.1 visitor spaces per/unit; a non-residential parking rate of 1 parking space per 33 sq.m.; and, to allow 11 of the non-residential parking spaces to be shared as visitor parking spaces, for a total of 160 off-street parking spaces to accommodate the parking needs of the proposed development. A 2019-124 to A 2019-129 - 204, 205, 208, 212 and 220 Field Sparrow Crescent Permission to construct a single detached dwelling on the properties municipally addressed as 204, 205, 208, 212 and 220 Field Sparrow Crescent having a driveway width of 8.65m rather than the maximum permitted width of 8m. Page 2 of 4 B 2019-066 to B 2019-071 - 253 Clark Avenue (AMENDED) Permission to sever 6 residential lots and retain one lot for future residential development; and, to grant easements to facilitate the development. The lots will have the following dimensions: Retained lot Width (Clark Avenue) - 9.2m Depth - 38.9m Area - 339.7 sq. m. B 2018-067 (Severed Lot 2) Width (Siebert Avenue) - 9m Depth - 32m Area - 287.9 sq. m. B 2018-069 (Severed Lot 4) Width (Siebert Avenue) - 9.1 m Depth - 31.6m Area - 280.2 sq. m. Proposed Easements - Having a width in the southerly side yard of 1.5m and a depth of 31.6m in favour of 'Severed Lot 3'; and, an easement along the rear lot line having a depth of 1.5m and a width of 9m in favour of 'Severed Lot 1' for the purpose of maintenance and encroachments. B 2018-071 (Severed Lot 6) Width (Siebert Avenue) - 18.3m Depth - 28.9m Area - 325.6 sq. m. B 2018-066 (Severed Lot 1) Width (Clark Avenue) - 9.4m Depth - 38.9m Area - 362.6 sq. m. Proposed Easement - Having a width in the easterly side yard of 1.5m and a depth of 38.9m in favour of 'Retained Lot 1' for the purpose of maintenance and encroachments. B 2018-068 (Severed Lot 3) Width (Siebert Avenue) - 9m Depth - 32m Area - 286.8 sq. m. Proposed Easements - Having a width in the southerly side yard of 1.5m and a depth of 32m in favour of 'Severed Lot 2'; and, an easement along the rear lot line having a depth of 1.5m and a width of 9m in favour of 'Severed Lot 1' for the purpose of maintenance and encroachments. B 2018-070 (Severed Lot 5) Width (Siebert Avenue) - 8.2m Depth - 30.5m Area - 238.7 sq. m. Proposed Easements - Having a width in the southerly side yard of 1.5m and a depth of 30.5m in favour of 'Severed Lot 4'; and, an easement along the rear lot line having a depth of 1.5m and a width of 8m in favour of 'Severed Lot 1' for the purpose of maintenance and encroachments. B 2019-072 & A 2019-130 - Part Lot 14, Plan 1471, being Part 1 on Reference Plan 58R-10560 (Vacant Land) and 85 McIntyre Drive Permission to sever a parcel of land at the rear of Part Lot 14, Plan 1471, being Part 1 on Reference Plan 58R-10560 (Vacant Land) having a width of 7.905m, an easterly depth of 41.146m and an area of 272 sq.m. to be conveyed as a lot addition to the property municipally addressed as 85 McIntyre Drive; and, permission for a minor variance for 85 McIntyre Drive to allow a rear yard setback of 1.2m rather than the required 7.5m. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the calendar of events, see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Local Planning Appeal Tribunal LPAT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Holly Dyson at holly.dyson(a)-kitchener.ca. Page 3 of 4 • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 1st day of November, 2019. Dianna Saunderson Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON NOVEMBER 1, 2019. Page 4 of 4 1 Staff Report KIR Community Services Department www klrchener car REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: �46 REPORT Planning Comments: Committee of Adjustment November 19, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 5 November 12, 2019 DSD -19-255 FN 2019-002 — 123 Mountain Mint Street Owners — Annalee Bendana and Jost Neuhaus Approve with Condition Photo 1: Aerial photo (2019) The property is zoned Residential Four (R-4) in By-law 85-1 and is designated as Low Rise Residential in the Official Plan. Staff visited the site on November 5, 2019. The owner is requesting permission to construct a wooden fence having a height of 1.5 metres located 0.5 metre from the front lot line rather than the required maximum height of 0.9 metre. The fence will enclose a newly constructed on -ground swimming pool. Photo 2 The property owner obtained a building permit for an on -ground swimming pool in July 2019. Recently, an inspector for the building permit visited the site. The pool has been installed and new fence posts constructed for a proposed 1.5 -metre wooden fence. It was determined that the building permit was approved incorrectly in regards to the permitted location for a 1.5 -metre high fence. The owner was advised to stop construction of the wooden fence and is awaiting consideration of this minor variance. In the meantime, a temporary construction fence surrounds the pool. (see Photo 2 above) The City's Fence By-law requires that a pool be enclosed with a fence that is a minimum of 1.5 metres high. The owner wishes to use the front yard area in order not to lose backyard amenity space around the pool. However, the maximum height permitted for a fence in the front yard is 0.9 metre. The front yard is the area between the front facade of the dwelling and the front lot line. Consequently, a variance is being requested to locate the 1.5 -metre high fence within the front yard area. (see Photo 1 above) It is noted that existing trees over 0.9 metre are located in the front yard area. Chapter 842 of the Municipal Code (Hedges - Other Objects Traffic Hazards By-law) permits trees of any height in the front yard if they are not within the 4.57 -metre driveway visibility triangle (DVT) or the 7.5 -metre corner visibility triangle (CVT). Any object within the visibility triangles is restricted to a maximum height of 1 metre and the owner has recently cut down the trees located within the DVT to comply with Chapter 842 (see Photo 2). It is noted that the trees and the proposed fence are not located in the CVT. Therefore, staff has no concerns in regards to the proposed fence or the existing trees within the triangles. Photo 3 Based on the foregoing, Planning staff recommends that the application be approved with one condition as noted below. Building Comments: The Building Division has no objections to the proposed fence variance Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: No comments. Heritage Planning Comments: No comments. Environmental Planning Comments: No concerns. RECOMMENDATION: That application FN 2019-002 requesting permission to construct a wooden fence having a height of 1.5 metres located 0.5 metre from the front lot line rather than the required maximum height of 0.9 metre be approved subject to the following condition: 1) That the 4.57 -metre driveway visibility triangle (DVT) be maintained with a maximum height of 0.9 metre for a fence and 1 metre for a tree/hedge. Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP Planning Technician (Zoning) Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Report K�i�R Development Services Department www.kitchenerca REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment November 19th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Nicholas Godfrey, Technical Assistant — 519-741-2200 ext. 7071 3 November 1st, 2019 DSD -19-256 SG2019-016 — 500 Fairway Road South Applicant — Rebecca Marsden Approve with Conditions 500 t r !i- rte_ s 4P +r +� r � r � r ;j40 WwAw Location of Subject Oda* - .+k 6001W .. '-rte ^� Ground Sign 79 It 0 Pot, w Wd r16. 579 i W � i a` Location Map: 500 Fairway Road South *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 500 Fairway Road South is zoned Commercial Campus Zone (C- 8) in the Zoning By-law 85-1. Staff conducted a site inspection of the property on November 7th, 2019. The applicant is requesting relief from Section 680.11.4 of the Sign By-law to add 2.62 square metres of sign face to an existing 19.19 metres square sign face, which is greater than the maximum permitted sign face area of 20 square metres. The applicant's rationale is to be able to provide advertising space to two new plaza tenants equal to that currently used by the plaza's existing tenants on the sign. The intent of Section 680.11.4 of the Sign By -Law is to prevent signs from negatively impacting the aesthetics of the streetscape. Staff is of the opinion that the applicant's proposal and request for variance will not significantly impact the aesthetics of the area, given the large lot frontages and commercial nature of the subject property and surrounding area. Staff is supportive of the request to provide equal advertising space to tenants within the commercial plaza. Therefore, the requested variance meets the intent of the Sign By-law. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed sign variance. Note that a sign permit will be required for the new sign. Transportation Services Comments: Given that the subject sign does not fall within the driveway visibility triangle (DVT), Transportation Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns due to nature of application. RECOMMENDATION That application SG2019-016 requesting permission for a plaza sign to add 2.62 square metres of sign face to an existing 19.19 meters square sign face, which is greater than the maximum permitted sign face area of 20 square metres, be approved subject to the following conditions: 1. That a Sign Permit be obtained from the Planning Division. 2. That conditions noted above be completed by March 1, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Nicholas Godfrey, ; Technical Assistant Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Report Development Services Department 1 R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 10 DATE OF REPORT: November 8, 2019 REPORT #: DSD -19-257 SUBJECT: A2019-111 — 37-39 Pandora Avenue North Applicants — Alyson Butler Approved with Conditions Location Map: 37-39 Pandora Avenue North *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 37-39 Pandora Avenue North is zoned Residential Five (R-5), and designated Low Rise Conservation in the King Street East Neighbourhood Secondary Plan of the City Official Plan. The applicant is requesting permission for an existing duplex to allow one of the required off-street parking spaces to be 2.6m by 5.14m rather than the permitted 2.6m by 5.5m. City Planning staff conducted a site inspection of the property on November 7, 2019. 37-39 Pandora Avenue North In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Conservation in the King Street East Secondary Plan. The intent of this designation is to retain the existing low rise, low density residential character of the neighbourhood. The designation permits low density forms of housing such as duplex dwellings and encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The request for creating one legal space in front of the dwelling and to have it 5.14 metres in length is considered appropriate for the property and the streetscape. The general intent of the By -Law is to ensure that there is adequate space for a vehicle to park without overhanging the sidewalk or streetscape. The depth of the space will be 0.36 metres shorter than what is required. However, there is still sufficient space between the property line and the sidewalk to accommodate a minor encroachment in order for a standard residential vehicle to park without overhanging the sidewalk. As such, staff is satisfied the requested variance to reduce the parking space size to 5.14 x 2.6 metres meets the general intent of the Zoning By-law. Application is Minor 3. The approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed parking space will not change the appearance of the existing dwelling and will not impact the existing streetscape. Therefore, staff is of the opinion that the requested variances are minor. Application in Appropriate 4. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Therefore, the variance is appropriate for the development and use of the land. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Given the existing nature of the parking space, Transportation Services has no concerns with the parking space. However, the applicant may require a curb cut to properly provide access to and from the parking space. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning staff has no concerns with this application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 37-39 Pandora Avenue North is located within the Central Frederick Neighbourhood Cultural Heritage Landscape. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. RECOMMENDATION That minor variance application A2019-111 requesting permission for an existing duplex to have one of the required off-street parking spaces to be 2.6 metres by 5.14 metres rather than the permitted 2.6 metres by 5.5 metres, and to allow the parking space to encroach onto City lands, be approved subject to the following conditions: 1. A curb cutting permit for the driveway widening be issued by the Engineering Division of the City of Kitchener if required. 2. That the owner shall enter into an encroachment agreement for the parking space with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands. 3. That the above noted conditions shall be completed prior to September 1St, 2020. 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. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Repod Development Services Department I www.kitchen er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19th, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Jenna Daum — Technical Assistant - 519-741-2200 ext.7760 WARD: 9 DATE OF REPORT: November 8th, 2019 REPORT #: DSD -19-258 SUBJECT: A 2019-112 & 113 — 45 & 47 Heiman Street Owner — 2645826 Ontario Inc. Approve without Conditions Im Location Map: 45 & 47 Heiman Street Fri *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject properties located at 45 & 47 Heiman Street are zoned Residential Six (R-6) in Zoning By- law 85-1 and are designated Low Rise Residential in the Official Plan. City Planning staff conducted a site inspection of the properties on Friday, November 1St 2019. The applicant is proposing to construct a Semi-detached duplex dwelling with front porches. To accommodate the porches, the owner is requesting relief from Section 40.2.3 of the Zoning By-law to have a front yard setback of 3.35 metres rather than the required 4.50 metres setback. View from Heiman Street Considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City's 2014 Official which allows for low density forms of housing such as single detached, semi-detached and duplex dwellings. The requested variances are appropriate and would continue to maintain the low density character of the property and surrounding neighbourhood and therefore meets the general intent of the Official Plan. General Intent of the Zoning By-law The subject lands are zoned residential six (R-6) which permits semi-detached duplex dwellings. The intent of the front yard setback regulation is to ensure an adequate setback is maintained between the covered porch and stairs and the street, thus allowing for ample landscaping to be installed. The applicant proposed a front yard of 3.35 metres which would continue to allow for an adequate front yard. It is not anticipated that any negative impacts on the adjacent residential properties will result from the variance required. Therefore, the general intent of the By-law is maintained. Minor The requested variance will maintain a sufficient setback from the public realm in order to ensure that the use of the porch will not negatively impact pedestrians using the sidewalk. There are also no visibility concerns with the proposed porch and stairs in the DVT or CVT. Therefore staff is of the opinion that the variance is minor. Appropriate and Desirable The requested variance is appropriate for the development and use of the land as it is not uncommon to have a covered front porch. Staff is of the opinion that the variance will cause no negative impacts on the surrounding properties within the neighbourhood and is therefore appropriate development. Based on the foregoing, Planning staff recommends that this application be approved. Building Division Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Planning Comments: A Tree Management Plan was approved by the City of Kitchener on October, 2nd 2018. Staff requests confirmation that the plan has been implemented as approved. RECOMMENDATION: That minor variance applications A2019-112 & 113 requesting relief from Section 40.2.3 of the Zoning By-law to have front yard setbacks of 3.35 metres rather than the required 4.50 metres setback, be approved without conditions. Jenna Daum Juliane von Westerholt, BES, MCIP, RPP Technical Assistant (Planning and Zoning) Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Repoil Development Services Department Kix,\�R wwwkitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19', 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Planner — 519-741-2200 ext. 7843 WARD: 3 DATE OF REPORT: November 8t", 2019 REPORT #: DSD -19-260 SUBJECT: A2019-114 — 45 Maywood Road Applicant — Yogesh Kumar Recommendation: Approval z - -.r. T Location Map: 45 Maywood Road *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 45 Maywood Road is zoned Residential Three Zone (R-3) in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on October 31St, 2019. The applicant is requesting relief for a front yard setback of 8.42 metres rather than the required minimum front yard setback of 10.7 metres. The minimum required setback is calculated using the RIENS by-law requirements, which are based on the average setback of the adjacent homes. The applicant is seeking to cover and enclose an existing porch to improve ease of mobility. A covered porch with a height above 0.6 metres is subject to the minimum front yard setback requirement. A building permit has been applied for and is in process. vIcvv WI L-wwuIIy .NLc wa.wucI .J I ; w 1%71 In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance to enclose the porch does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that bases a minimum and maximum front yard setback on the setbacks of the adjacent properties is to ensure that new developments and front yard additions do not disrupt the character of an established neighbouhood with a consistent street scape. The applicant is seeking to cover and enclose an existing porch, and staff does not consider this to be significant development or addition of living space. The proposal will not adversely impact the consistency of the building line of the surrounding neighbourhood. Therefore, the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The requested variance is appropriate, as covering and enclosing a porch is not considered an adverse impact to the character of the neighbourhood. Is the Variance Minor? 4. The reduction in front yard setback is minimal and the enclosed porch area will still maintain an adequate front yard setback. Therefore, the variance is considered minor. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the new roof structure to the single detached dwelling and is currently under review Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2019-114 requesting permission construct a sunroom in the front yard of an existing single detached dwelling having a front yard setback of 8.42m rather than the required 10.7m be approved. Eric Schneider, BES Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 K;x NER wwwkitchener. ca Committee of Adjustment November 19th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Planner — 519-741-2200 ext. 7843 9 November 8th, 2019 DSD -19-261 A2019-115 — 593 Charles Street East Applicant — Michael Laurin Recommendation: Approval Location Map: 593 Charles Street East *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. L REPORT Planning Comments: The subject property located at 593 Charles Street East is zoned Commercial Residential Two Zone (CR -2) in the Zoning By-law. The property is designated Medium Density Commerical Residential in the Mill Courtland Woodside Park Neighbourhood Plan in the Official Plan. Staff conducted a site inspection of the property on November 4th, 2019. The applicant is requesting relief for a parking reduction from 5 spaces to 3 spaces, a lot width reduction from 15 metres to 12.2 metres, and to legalize an existing side yard setback of 1.12 metres rather than the minimum of 1.2 metres. A site plan application has been submitted and is currently under review (SP19/119/C/ES) View of Existing Site from Charles Street East (November 5, 2019) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. Lot Width General Intent of the Official Plan 1. The subject property is designated medium density commercial residential within the Mill Courtland Woodside Park Neighbourhood Plan in the Official Plan. This designation intends to provide for a range of residential and non -retail commercial uses. The applicant intends to use the existing building as an office, without expanding the gross floor area on the property. The requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a minimum lot width of 15 metres is to ensure functionality of access and parking on site. This site contains access to a rear yard laneway from Ottawa Street, giving it a second access and parking area that improves access and parking functionality on site. Staff is supportive of the proposed parking/access layout and the ability for it to function adequately. Therefore, the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The rear yard laneway provides an asset that a typical interior lot would not benefit from; therefore the request for relief from the minimum lot width of 15 metres is appropriate for this property and area. Is the Variance Minor? 4. The deficiency in lot width is a small amount and Staff is confident that access and parking functionality are adequate, therefore the request for relief is minor. Parking Reduction General Intent of the Official Plan 1. The subject property is designated medium density commercial residential within the Mill Courtland Woodside Park Neighbourhood Plan in the Official Plan. This designation intends to provide for a range of residential and non -retail commercial uses. The applicant intends to use the existing building as an office, without expanding the gross floor area on the property. The requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a minimum parking requirement based on gross floor area is to ensure that adequate vehicle storage is available on site. The proposed business is a financial services office which is not open to the public. The business typically will have 1-2 employees working at any given time, so the necessity for parking spaces is very minimal. Staff is of the opinion that the site contains adequate parking for the proposed use. Therefore, the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The subject site is proposed to be used as an office that requires parking for employees only, and further, is located close to the downtown along the LRT route. The variance request for a reduction in parking spaces is appropriate. Is the Variance Minor? 4. The requested reduction of 2 parking spaces is not expected to have adverse impacts because the 3 spaces provided on site are considered adequate for the proposed use. Therefore, the request for reduction in parking spaces is considered minor. Side Yard Setback General Intent of the Official Plan 1. The subject property is designated medium density commercial residential within the Mill Courtland Woodside Park Neighbourhood Plan in the Official Plan. This designation intends to provide for a range of residential and non -retail commercial uses. The applicant intends to use the existing building as an office, without expanding the gross floor area on the property. The requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a minimum side yard setback of 1.2 metres is to ensure the provision of adequate privacy, and access to the rear yard to maintain the building. The side yard setback is an existing situation and is only deficient by 8 centimetres. Staff is satisfied that the current situation provides adequate privacy, access for maintenance and to the rear yard and therefore the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The requested variance for side yard setback is to legalize an existing situation within a neighbouhood/area where the lot dimensions and building setbacks are existing and have been well established. Therefore, the requested variance is appropriate. Is the Variance Minor? 4. The requested variance represents a very small reduction of the minimum setback by only 8 centimetres. Therefore, the variance is considered minor. View of Existing Site from Rear Laneway (November 5, 2019) Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the change of use into an office is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2019-115 requesting permission to convert an existing residential dwelling into a commercial financial institution on a lot having a width of 12.217mrather than the required 15m; an easterly side yard setback of 1.119 m rather than the required 1.2m; and, to have 3 off-street parking spaces rather than 5 off-street parking spaces be approved. Eric Schneider, BES Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 10 DATE OF REPORT: November 8, 2019 REPORT #: DSD -19-262 SUBJECT: A2019-116 — 10 Shanley Street Applicants —Andrew Head, Dryden, Smith & Head Planning Consultants Ltd. on Behalf of Ray & Carmen Lazarus Approved with conditions Location Map: 10 Shanley Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 10 Shanley Street is zoned Residential Five (R-5) and designated Low Rise Conservation in the K -W Hospital Neighbourhood Secondary Plan of the City Official Plan. The applicant is proposing to convert an existing duplex dwelling to a multiple dwelling with 3 units and cannot meet the requirements of Section 39.2.4 of the Zoning By-law. The applicant is requesting relief to permit the following: a) To contain a multiple dwelling with a lot area of 436m2 rather than the required 495m2; b) A front yard setback of 3.76 metres rather than the required 4.5 metres; c) A rear yard setback of 4.99 meters rather than the required 7.5 metres; Further relief is being sought from Section 6.1.1.1 d) i) to permit parking between the facade and the side lot line abutting a street less than 3.Om from a street line, whereas no parking is permitted between the facade and the side lot line abutting a street with a setback from a minimum 3.Om from a street line. City Planning staff conducted a site inspection of the property on October 28, 2019 10 Shanley Street (Front view) 10 Shanley Street (Rear view) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Conservation in the K -W Hospital Neighbourhood Secondary Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variances to legalize the existing setbacks are appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. Staff is in support of the application as it is compatible with the established neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested minor variances for a lot area of 436 m2 rather than the required 495 m2, a front yard setback of 3.76 metres rather than the required 4.5 metres, and a rear yard setback of 4.99m rather than the required 7.5m, all meet the general intent of the Zoning By-law. The requests for the lot area and front and rear yard variances all recognize an existing situation. The applicant has advised that all renovation work will be internal to the building and there will be no exterior modifications. The zoning requirements to locate parking a minimum of 3.0 metres from the street line, is to ensure that parking does not dominate the street vista, and to ensure safety for pedestrians and other motorists. Due to the low traffic volumes along Shanley and Andrew Street, as well as the existing conditions of the property being located on a corner, staff is in support of the minor variance. In addition, the 2 spaces will be located at the rear of the building and 1 space will be located at the front. Therefore, staff is of the opinion that the general intent of the Zoning By-law is being maintained. Application is Minor 3. Staff is of the opinion that the requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed reduction in the lot area and side and rear yard setbacks, and parking will be negligible due to the fact they recognize an existing situation. Application in Appropriate 4. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Therefore, the variance is appropriate for the development and use of the land. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the change of use into a triplex is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning staff has reviewed the minor variance application and has no concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 10 Shanley Street is located within the Mt Hope/Breithaupt Neighbourhood Cultural Heritage Landscape. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. RECOMMENDATION That minor variance application A2019-116 requesting permission to permit a multiple dwelling with 3 units to have a lot area of 436m2 rather than the required 495m2; a front yard setback of 3.76 metres rather than the required 4.5 metres; a rear yard setback of 4.99 metres rather than the required 7.5 metres and to permit parking between the facade and the side lot abutting a street less that 3.0 metres from a street line, whereas no parking is permitted between the facade and the side lot line abutting a street with a setback from a minimum 3.0 metres from a street line, be approved with conditions: 1. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 2. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 3. That all conditions shall be completed prior to September 1St, 2020. 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. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Repod Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: I KNxc Nr.R www.kitch en er. ca Committee of Adjustment November 19th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Nicholas Godfrey, Technical Assistant, 519-741-2200 ext. 7071 2 October 25th, 2019 DSD- DSD -19-263 A2019-117 - 450 Rivertrail Ave — Application Owners: Milestone Developments Inc. Agent: Patrick Haramis O.L.S. Approved Location Map: 450 Rivertrail Ave *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT 450 Rivertrail Avenue (centre) Planning Comments: The subject property is zoned Residential Four (R-4) in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build a home that does not meet the requirements of S. 38.2.1 b.) of the Zoning By -Law. The applicant is requesting relief from the required side yard setback, proposing to have a setback of 1.28 metres rather than the required 1.5 metres. The variance being sought is a difference of 0.22 metres. The applicant meets the side yard setback at the rear of the property at 1.63 meters, but because of a slight tapering of the property line, the setback decreases towards the front of the property. City Planning staff conducted a site inspection of the property on November 6th, 2019. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to accommodate a full range of low density housing types which may include single detached dwellings, second and secondary dwelling units, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing. It is planning staff's opinion that the proposed variance meets the general intent of the Official Plan, as it will maintain the low density character of the property and surrounding neighbourhood. General Intent of Zoning By-law 2. The subject property is zoned Residential Four (R-4). The applicant is requesting a minor variance to permit a minimum side yard setback of 1.28 metres, whereas Zoning By -Law 85-1 requires a minimum side yard setback of 1.5 meters. The subject property meets the setback requirement near the rear of the property, but because the property line tapers, the building loses adherence to the setback requirements near the front half of the property. It is the opinion of staff that the decrease in minimum side yard setback of 1.28 metres will not negatively impact the adjacent residential properties and meets the intent of the R-4 zone. It is noted that there is no easement segments along subject side lot line. m C7 CG C ry RIVERTRAIL AVENUE F 0 Q n 0 3 8.859 _ ill i.6sa ' qtr a-16 J x � �� -- — AV fel 0 �(�0h W N86'29'10 -W 9.543 f- 0 00 Survey: Property Setback —1.63m —1.28m Application is Minor 3. Staff is of the opinion that the requested variance is minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. Neighbouring properties feature similar variances (for example a similar variance of 1.26 m granted at A 2018-129 - 398 Rivertrail Avenue). In addition, the adjacent property - Lot 200 — provides the required abutting easement of 1.5 metres for access and encroachment. Application is Appropriate 4. The variance is appropriate for the development and use of the land. The proposed variance will not impact the character of the subject property or surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741- 2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: Engineering has no concerns. RECOMMENDATION That minor variance application A2019-117 requesting relief from Section 38.2.1.b) of Zoning By-law 85-1 to permit a side yard setback of 1.28 metres rather than the required 1.5 metres be approved. Nicholas Godfrey, M Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Report Development Services Department 1 wR www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 9 DATE OF REPORT: November 8, 2019 REPORT #: DSD -19-264 SUBJECT: A2019-118 — 8 Devon Street Applicants — Dan Jackson & Ashley McKnight Approved with Conditions Location Map: 8 Devon Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 8 Devon Street is zoned Residential Five (R-5) and designated Low Rise Conservation in the Victoria Park Neighbourhood Secondary Plan of the City Official Plan. The applicant is proposing to convert an existing detached dwelling to a duplex dwelling and cannot meet the requirements of Section 39.2.1 of the Zoning By-law. The applicant is requesting relief to permit the following: a) To permit a lot area of 137.5m2 rather than the required 235m2; b) A front yard setback of 1 metre rather than the required 4.5 metres; c) A side yard setback of 0.56 metres rather than the required 1.2 metres; d) A rear yard setback of 0.75 meters rather than the required 7.5 metres; e) A lot coverage of 51 % whereas a maximum of 45% is permitted Further relief is being sought from Section 6.1.1.1 b) i) to permit a legal parking space 2.9 metres from the property line whereas 6 metres is required. City Planning staff conducted a site inspection of the property on November 4, 2019. 8 Devon Street In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Conservation in the Victoria Park Neighbourhood Secondary Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variances to legalize the existing setbacks are appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. Staff is in support of the application, as it is compatible with the established neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested minor variances for a lot area of 137.5m2 rather than the required 235m2, a front yard setback of 1 metre rather than the required 4.5 metres, a side yard setback of 0.56 metres rather than the required 1.2 metres, a rear yard setback of 0.75 metres rather than the required 7.5 metres, and a lot coverage of 51 % whereas a maximum 45% is permitted, all meet the general intent of the Zoning By-law. The requests for the lot area, lot coverage and front, side and rear yard variances all recognize an existing situation. The requested minor variance to permit a legal parking space 2.9 metres from the property line, whereas 6 metres is required, is warranted as due to the size of the property, a parking space would not be able to be located 6 metres from the property line. The applicant is planning to do extensive renovations to the property by relocating the garage to the opposite side of the dwelling and close off the existing garage. The new garage will be a double wide garage as seen in the concept sketch below. It is the opinion of staff that the required variances meets the general intent of the Zoning By- law. Concept sketch of renovations proposed for 8 Devon Street Application is Minor 3. Staff is of the opinion that the requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed reduction in the lot area, lot coverage, setbacks, and parking will be negligible due to the fact they recognize an existing situation. Application in Appropriate 4. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Therefore the variance is appropriate for the development and use of the land. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the change of use into a duplex is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning staff has reviewed the minor variance application and has no concerns. The subject property is located within the Victoria Park Area Heritage Conservation District (VPAHCD) and designated under Part V of the Ontario Heritage Act. A Heritage Permit Application has been received to request alterations to the exterior of the dwelling. The Heritage Permit Application was considered and recommended for approval at the November 5, 2019 Heritage Kitchener committee meeting. RECOMMENDATION That minor variance application A2019-118 requesting permission to permit a duplex dwelling to have a lot area of 137.5m2 rather than the required 235m2; a front yard setback of 1 metre rather than the required 4.5 metres; a side yard setback of 0.56 metres rather than the required 1.2 metres; a rear yard setback of 0.75 metres rather than the required 7.5m and to permit a legal parking space 2.9 metres from the property line whereas 6 metres is required, be approved with conditions: 1. A curb cutting permit for the driveway widening be issued by the Engineering Division of the City of Kitchener. 2. That all conditions shall be completed prior to November 1St, 2020. 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. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority J Staff Report KIT[1IENER Community Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner— 519-741-2200 ext. 7869 WARD: 9 DATE OF REPORT: November 9, 2019 REPORT #: DSD -19-265 SUBJECT: A 2019-119 — 51 David Street Applicant — Pierre Chauvin Owner — Vive Development Corporation Approve with Conditions a Cb -11 Subject Property: 51 David Street Report: The subject property is located at 51 David Street in the Victoria Park Neighbourhood. Situated on the east side of David Street midblock between Joseph Street and Courtland Avenue West, this vacant parcel measures 0.097 ha in area that once housed two derelict residential dwellings demolished in 2014. Surrounding land use is open space (Victoria Park) to the west and medium to high density multiple residential to the north, south and east. The subject property is J Staff Report KIR Community Services Department www.kifchenerca designated Mixed Use in the Victoria Park Secondary Plan, zoned High Intensity Mixed Use (MU - 3) with Special Use Provision (397U) and Special Regulation Provision (507R) of By-law 85-1. 51 David Street also falls within the Victoria Park Heritage District. The owner is proposing to re -develop the property with a six storey step -backed apartment building as illustrated below. Parking is to be entirely contained within the building using an automated stacking parking system for 21 vehicles. A Site Plan Application was submitted in 2017 with Council approval given for the Heritage Impact Assessment in 2017. A Minor Variance application A2017-128 was required to implement the overall site design - including a parking reduction from 1.0 to 0.67 spaces per unit -which was approved by the Committee of Adjustment. The owner received full site plan approval in March 2018. Proposed Building — 51 David St. The owner has submitted a new variance application to reduce the parking ratio from 1.0 space per unit to 0.6 spaces per unit in order to facilitate an increase in the overall unit count from 30 to 32. This increase affects the parking ratio thereby necessitating a minor variance. No other changes are being proposed and the built form will remain unchanged as the work will be an internal re -configuration of a larger unit. The Committee of Adjustment approved a parking variance under A2017-128 allowing for 0.67 spaces per unit instead of 1.0 space per unit. In essence, the reduction is from 0.67 to 0.6 spaces per unit but since one cannot vary a variance, the variance request is from 1.0 to 0.6. Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: J Staff Report KIT['HENER Community Services Department www.kitchenerca 1. Is the general intent of the Official Plan maintained? The Official Plan indicates that the subject lands are designated `Mixed Use Corridor' with Special Policy 6 in the Victoria Park Secondary Plan. Mixed Use Corridors are linear in form and recognize the evolution of uses along major corridors. These corridors are primarily intended to serve the adjacent residential neighbourhoods as employment areas and allow for intensive, transit supportive development. Mixed Use Corridors provide residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Section 13 of the City's Official Plan provides direction with respect to parking in the City. Two key objectives are: • To ensure adequate parking standards and regulations are in place and enforced; and • To reduce parking space demand in support of active transportation and transit and potential redevelopment of surface parking lots especially in intensification areas. The subject property is located just outside of the designated Downtown, but is within walking distance to ION LRT and a parking garage owned by the City. The Mixed Use Three (MU -3) zoning of 51 David Street confirms it is located within an area of intensification. The area is well served by higher order transit, walking trails and bicycle lanes. No surface parking is being proposed with this development. As a result, it is the opinion of staff the general intent of the Official Plan is maintained. 2. Does the variance maintain the general intent and purpose of the Zoning By-law? The intent of the zoning by-law is to ensure adequate parking exists on site to avoid parking problems or spillover onto nearby City streets. Mixed Use zoning requires 1.0 space per residential unit. In this case, 32 spaces are required and 21 are proposed representing a rate of 0.60 spaces/unit. Through A2017-128 and to support the 0.67 reduction, the applicant had submitted and received approval of a TDM checklist. The checklist is used to calculate parking reductions based on providing any number of TDM measures such as the provision of bicycle storage, unbundled parking or meeting certain locational criteria. Transportation Planning staff has approved the checklist, and is satisfied the latest parking reduction is suitable based on those TDM measures approved previously. Therefore, the general intent of the zoning by-law is maintained. 3. and 4. Is the Variance minor and is it appropriate for the use of land? The subject property is located within a mixed use area where intensification is supported and proximity to higher order transit and a City -owned parking garage along with TDM measures lend support for the parking reduction. There is also some on street parking available along a section of David Street. As noted, the owner will be providing a number of TDM measures that will off set a need for additional parking. Moreover, in 2017 the Committee had approved a minor variance for 0.67 spaces per unit and the difference from 0.67 to 0.6 spaces represents one more additional space for two extra units. Therefore, it is staff's opinion that the variance is minor and is appropriate for the use of land. J Staff Report KIT[1IENER Community Services Department www.kitchenerca Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services have no concerns with the proposed parking rate of 0.6 spaces per unit, based on the site's proximity to transit and additional parking options. Engineering Comments: No comments. Heritage Comments: The subject property is located within the Victoria Park Area Heritage Conservation District (VPAHCD) and designated under Part V of the Ontario Heritage Act. A Heritage Permit was issued in 2017 for the construction of a new multiple residential building. Given that the proposed minor variance related to parking ratios does not have impact on or change the design of the building approved through the Heritage Permit Application process, Heritage Planning staff has no concerns. Environmental Planning Comments: No natural heritage concerns. RECOMMENDATION: That Application A2109-119 seeking relief from Section 6.1.2a) to permit a parking ratio of 0.60 spaces per unit instead of the required 1.0 space per unit be approved subject to the following condition: 1. That a Site Plan amendment application be submitted and approved by June 2020 to the satisfaction of the Manager of Site Development and Customer Service. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Repod Development Services Department I www.kitchen er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Junior Planner— 519-741-2200 ext. 7110 WARD: 4 DATE OF REPORT: November 8, 2019 REPORT #: DSD -19-266 SUBJECT: A2019-120 — 14 Frontier Drive Owner — James Glasbergen Approve ubject Property REPORT Planning Comments: Location Map: 14 Frontier Drive The subject property located at 14 Frontier Drive is zoned Residential Four (R-4) in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to partially cover a rear yard deck and is requesting relief from Section 38.2.1 of the Zoning By-law to allow for a rear yard setback of 4.5 metres, whereas 7.5 metres is required. The deck would remain unenclosed. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Front and rear yard of 14 Frontier Drive City Planning staff conducted a site inspection of the property on November 8, 2019. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent and Purpose of Official Plan Test The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to reduce the rear yard for a covered deck is appropriate and will continue to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The purpose of a rear yard setback of 7.5 metres is to provide an outdoor amenity space, as well as adequate separation from neighbouring properties. Staff notes that the property currently contains a second storey uncovered deck. This second storey deck is proposed to be covered, pending approval of this minor variance application. With respect to privacy impacts to adjacent properties, a second storey deck by nature allows more visibility to neighbouring properties. As there is already an existing uncovered second storey deck which is permitted by the `as -of -right' zoning, staff is of the opinion that converting this to a covered deck will have negligible impacts on privacy. As such, it is the opinion of staff that the proposed rear yard setback of 4.5 metres will continue to allow for an adequate amenity space and will not negatively impact adjacent properties. Therefore, the requested variance to permit a rear yard setback at 4.5 metres, whereas 7.5 metres is required, meets the general intent of the Zoning By-law. 3. "Minor" Test The variance can be considered minor as the reduced rear yard setback will not present any significant impacts to adjacent properties or the overall neighbourhood. By covering the existing rear yard second storey deck, the impacts on the property and surrounding neighbourhood are insignificant. The proposed rear yard addition will maintain sufficient outdoor amenity space. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the proposed covered deck with a reduced rear yard is consistent with the low density development of the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the new roof structure to the single detached dwelling and is currently under review. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: No Heritage Planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-120 requesting relief from Section 38.2.1 of the Zoning By-law to permit a rear yard covered, unenclosed deck to have a rear yard setback of 4.5 metres, whereas 7.5 metres is required, be approved. Richard Kelly-Ruetz, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Repod Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668 WARD: 10 DATE OF REPORT: November 8, 2019 REPORT #: DSD -19-267 SUBJECT: A2019-121 — 80-96 Sydney St N Roger Kieswetter (80 Sydney St N) Devitt Ave. Developments (86 Sydney St N) Lee Kieswetter (92 Sydney St N) Kris Deyarmond (96 Sydney St N) Approve Subject to a Condition Figure 1. Subject Properties *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT: Planning Comments: The four subject properties are located on the northwest side of Sydney Street North, between Rosedale Avenue and Weber Street East, in the King Street East Planning Community. The subject properties are in individual ownership and currently contain existing low rise residential development: • 80 Sydney St N: single detached dwelling constructed in 1952; • 86 Sydney St N: duplex dwelling constructed in 1951; • 92 Sydney St N: duplex constructed in 1952; and • 96 Sydney St N: single detached dwelling constructed in 1952. The surrounding area is composed of a mix of land uses. A 6 -unit multiple dwelling is located immediately to the west. The properties fronting onto Rosedale Avenue (to the southwest) contain mainly single detached dwellings. The properties on the opposite side of Sydney Street contain mainly single detached dwellings. A triplex is located immediately to the east, while mainly single detached dwelling are located to the northeast which front onto Weber Street. A religious institution is located immediately behind the subject properties, to the north. Planning staff visited the site on November 5, 2019. The subject properties are designated Low Density Multiple Residential in the King Street East Secondary Plan (within the 1994 City's Official Plan) and have an Urban Structure (within the 2014 Official Plan) of Major Transit Station Area (MTSA). The subject properties are zoned Residential Seven (R-7). However, it should be noted that through the City's King Street East Secondary Plan Review, the properties are tentatively proposed to be removed from the King Street East Secondary Plan and re -designated to Low Rise Residential. In addition, the properties' Urban Structure would be changed from MTSA to Community Area. Also, through this review, the properties are tentatively proposed to be re -zoned to RES -5, which would accommodate the widest range of low density dwelling types on the widest range of lot sizes in low rise areas. Note that this minor variance application is solely being reviewed under By-law 85-1, since residential zoning via By-law 2019-051 (and any secondary plan updates thereto) is not in effect. In 2016, the applicant submitted a Site Plan Application (SP16/036/S/AP) to construct two Multiple Dwellings on the lands: one fronting Sydney Street with 24 units, and one behind (to the north) with 20 units. The Multiple Dwellings are in the form of stacked townhouses. The Site Plan received approval in principle in May 2017 subject to conditions, including that the owners obtain final approval of a minor variance. Accordingly, in July 2017, the owners applied for a minor variance for the following: 1. Requesting relief from Section 6.1.1.1 of the Zoning By-law to allow parking at a rate of 1.15 spaces per unit (total of 51 spaces for 44 units), rather than the required 1.25 spaces per unit (total of 55 spaces for 44 units); 2. Requesting relief from Section 6.1.2b)vi)B) of the Zoning By-law to permit required visitor parking at a rate of 13% (total of 7 spaces for 44 units) of required parking rather than the required 20% (total of 11 spaces for 44 units); 3. Requesting relief from Section 6.1.1.1d)ii)1 of the Zoning By-law to permit visitor parking located 5.8 metres from the front lot line, whereas the Zoning By-law does not permit visitor parking located within the required front yard; 4. Requesting relief from Section 5.6A.4d) of the Zoning By-law to permit porches to be located 3.3 metres from the front lot line, rather than the required 6.0 metre front yard setback of the R-7 Zone; 5. Requesting relief from Section 41.2.6 of the Zoning By-law to permit a minimum east side yard of 3.6 metres, rather than the required 6.0 metres; 6. Requesting relief from Section 5.11 of the Zoning By-law to permit a visual barrier 1.5 metres in height abutting a residential zone, rather than the required 1.8 metres; and 7. Requesting relief from Section 41.2.6 of the Zoning By-law to permit a rear yard of 4.9 metres, rather than the required 7.5 metres. The Committee of Adjustment approved the minor variance application, subject to the following conditions: That the owner shall obtain approval of a revision to Site Flan Application SP1610361SIAP from the City's Manager of Site Development and Customer Service, in consultation with the City's Director of Transportation Planning, prior to July 18, 2018, 2. That, through the review of Site Plan Application SP16/0361SfAP, the owner shall ensure proper drainage flows, including consideration for drainage from neighbouring properties onto the subject site, to the satisfaction of the City's Director of Engineering Services. 3. That the owner shall install a visual barrier (wood, board -on -board fence) in accordance with the Zoning By-law to the maximum height permitted in the Fence By-law (i.e., 2.4 metres), to the satisfaction of the City's Director of Planning. Unfortunately, the owners did not fulfill condition #1 of the minor variance decision within the specified timeframe. Consequently, the minor variance approval lapsed. Additionally, the Approval in Principal for the site plan application also lapsed due to non -activity. In 2019, the owners re -activated and regained approval in principle of the site plan application (no changes to the original approval from 2017). Through the subject minor variance application, the owners are now requesting the same minor variances as outlined above, in order to facilitate the development proposed through the re- activated site plan application. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent and Purpose of Official Plan Test The Low Density Multiple Residential policies of the King Street East Secondary Plan state that (emphasis added): Permitted uses are restricted to single detached dwellings, duplex dwellings, semi- detached dwellings, multiple dwellings, small and large residential care facilities, lodging houses, home businesses, and private home day care. Opportunities for residential development are provided to a maximum density of 100 units per hectare. The Maximum Floor Space Ratio shall be 1.0, that is, the above grade building floor area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an individual site provided the Floor Space Ratio of 1.0 is not exceeded. The subject variances would facilitate the development of multiple dwellings that have an overall Floor Space Ratio of 1.0 — consistent with the Official Plan designation. In addition, Planning staff is of the opinion that Variances 1 and 2, which relate to parking relief, meet the intent of the King Street East Secondary Plan and applicable 2014 Official Plan policies. The 2014 Official Plan states: 13.C.8.2. The City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. and, 4.C.1.8. Where... minor variances are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. In this regard, the City's Transportation Services has advised that there are no concerns with the requested relief and in 2017 it noted pedestrian opportunities and transit -supportive nature of the site / proposed development: There are several existing GRT bus routes in close proximity to the site, the site is walkable and errands can be accomplished on foot. Also, there is a future ION stop near Charles Street and Ottawa Street. Therefore, based on the walkability, existing GRT bus routes and future ION stop and the reallocation of visitor parking, Transportation Services supports the proposed parking reductions. Planning staff is of the opinion that the variances meet the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The Zoning By-law seeks to ensure that adequate parking, sufficient setbacks, and appropriate screening / buffering (e.g., visual barriers) is provided as part of new developments. In this case, Transportation Services does not have concerns with the requested parking relief. With respect to setbacks, Planning staff is of the opinion that the requested relief is appropriate since the front yard is consistent with the adjacent front yards facing Sydney Street. In addition, the side yard is appropriate given the low rise nature of the proposed development. Also, the rear yard is adjacent to a non -sensitive land use (religious institution) which is located in a tentatively proposed Institutional designation with an MTSA Urban Structure element. Regarding the variance for height relief related to the proposed visual barrier (i.e., fence), Planning staff advises that this variance would only slightly reduce the height of the visual barrier (by 30 cm or 1 foot), which is proposed on top of a retaining wall. However, it would still act as an appropriate screen for neighbouring properties from the adjacent parking lot and ensure that headlight glare from vehicles is mitigated. Planning staff is of the opinion that the variances meet the general intent and purpose of the Zoning By-law. "Ming' Test With respect to Variances 1 and 2, it should be noted that By-law 2019-051 (not yet in effect of this property) requires a rate of 1.15 spaces per unit for this context, which is the same parking ratio proposed in this case. Planning staff is of the opinion that Variances 3, 4, 5, and 7, which relate to setback relief, meet the intent of the King Street East Secondary Plan (within the 1994 Official Plan), applicable 2014 Official Plan policies, and the Zoning By-law. The 2014 Official Plan states: 4.C.1.8. Where... minor variances are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. b) Where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be sim ilar to adjacent properties and supports and maintain the character of the streetscape and the neighbourhood. Staff is of the opinion that the requested setback reductions are compatible with adjacent development and the related development is of an appropriate massing and scale. In addition Variance 6 will not cause unacceptably adverse impacts for the reasons noted above. All requested variances are minor since they are not anticipated to cause any unacceptably adverse impacts on adjacent properties. Desirability for Appropriate Development or Use Test All requested variances are desirable for the appropriate development of the land. The requested variances would facilitate the development of low density residential development in the form of Multiple Dwellings (stacked townhouses) that is compatible and in character with the surrounding low density residential neighbourhood, at a Floor Space Ration of 1.0 and maximum building height of 11.1 metres. The variances would facilitate compatible, appropriate development. Based on the foregoing, Planning staff recommends that Variances 1-7 be approved, subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Given that the a previous Committee of Adjustment application was granted for both the proposed parking rate and visitor parking rate, Transportation Services does not have any concerns. Engineering Comments: No Engineering concerns. Heritage Comments: No heritage planning concerns. Environmental Planning Comments: Tree Management matters shall be addressed through the Site Plan process. RECOMMENDATION A. That Minor Variance Application A2019-121, requesting the following relief from Zoning By-law 85-1, in order to facilitate the development of two multiple dwellings on the lands, one fronting Sydney Street with 24 units, and one behind (to the north) with 20 units: 1. Requesting relief from Section 6.1.1.1 of the Zoning By-law to allow parking at a rate of 1.15 spaces per unit (total of 51 spaces for 44 units), rather than the required 1.25 spaces per unit (total of 55 spaces for 44 units); 2. Requesting relief from Section 6.1.2b)vi)B) of the Zoning By-law to permit required visitor parking at a rate of 13% (total of 7 spaces for 44 units) of required parking rather than the required 20% (total of 11 spaces for 44 units); 3. Requesting relief from Section 6.1.1.1d)ii)1 of the Zoning By-law to permit visitor parking located 5.8 metres from the front lot line, whereas the Zoning By-law does not permit visitor parking located within the required front yard; 4. Requesting relief from Section 5.6A.4d) of the Zoning By-law to permit porches to be located 3.3 metres from the front lot line, rather than the required 6.0 metre front yard setback of the R-7 Zone; 5. Requesting relief from Section 41.2.6 of the Zoning By-law to permit a minimum east side yard of 3.6 metres, rather than the required 6.0 metres; 6. Requesting relief from Section 5.11 of the Zoning By-law to permit a visual barrier 1.5 metres in height abutting a residential zone, rather than the required 1.8 metres; and 7. Requesting relief from Section 41.2.6 of the Zoning By-law to permit a rear yard of 4.9 metres, rather than the required 7.5 metres, be approved, subject to the following condition: That this approval shall apply to the development approved through Site Plan Application SP16/036/S/AP. Andrew Pinnell, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Attach.- 0 ttach:• Re -activated Site Plan that received Approval in Principle in August 2019 � ve M: 1 Ir 7L a-: _ I qpqp i 0. 9L8�1 I .lei. 1 ' WSC I I A s N i 1 WNH M1r d LL � O Y [..+���o 5 g �LUgg �i e �ty�� ` w W zO W p Z O DLLI LLJ W WJ V J Y 417 LLJ � w� � Y fQ OY do M1 � Cij Y I Z � U CL Q` N W LUW S L� 1c LU � F sLU U) o . C z d z 6 p J N U Q �,/ ui iN J 4 w a o0CL co Z LUw a- } LJ < LU F- LU —a x Q 7— ra owe w N r + U) w } N 16l N ti U N ¢ Q zO W p Z O DLLI LLJ W WJ V J Y 417 LLJ � w� � Y fQ OY do Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Kix,\�R wwwkitchener. ca Committee of Adjustment November 19th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Planner — 519-741-2200 ext. 7843 9 November 8th, 2019 DSD -19-268 A2019-122 — 1092 Queens Boulevard Applicant — George Sedra- GS Engineering Services Recommendation: Approval • `ter. . 1� r � z �,P 5� -is's a 4 Location Map: 1092 Queens Boulevard *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 1092 Queens Boulevard is zoned Residential Five Zone (R-5) in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on November 5th, 2019. The applicant is requesting an expansion to the ground floor area of the existing dwelling by 82% in order to convert the single detached dwelling to a triplex, whereas the maximum ground floor expansion permitted is 25%. A clerical error in the agenda described the development as conversion to a duplex, whereas the applicant is proposing a triplex. The triplex use is permitted as -of -right, and the variance is being sought for ground floor area expansion only, not for the triplex use. The applicant has submitted a site plan application for the conversion to triplex (SP19/054/Q/ES). View of Existing Site (November 5, 2019) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The Residential designation in the Official Plan places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance conforms to the designation and it is the opinion of staff the requested variance is appropriate. The requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that limits expansions of ground floor area for multiple dwellings in the R-5 zone is to ensure that the general scale and character of a development fits in and blends well in established neighbourhoods. Rather than build a three (3) storey addition, the applicant is proposing to build a two (2) storey addition to be more compatible with the surrounding area, which is made up of 1 and 2 storey buildings. The applicant's proposal will fit in better with the existing neighbourhood and surrounding area and therefore the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The proposed addition is appropriate as the building height is being maintained at a comparable scale to the surrounding neighbourhood. The proposed use of the property as a triplex is permitted and the two storey addition can considered appropriate. Is the Variance Minor? 4. The expansion of ground floor area still meets all setbacks, adequate parking and amenity space is provided. No adverse impacts are expected and therefore the variance can be considered minor. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the addition and triplex conversion and is currently under review. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2019-122 requesting permission to convert an existing residential dwelling into a triplex by adding an addition expanding the ground floor area by 82% whereas the By-law only permits a ground floor area increase of 25% be approved. Eric Schneider, BES Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Report -x Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070 WARD: 10 DATE OF REPORT: November 7, 2019 REPORT NUMBER: DSD -19-269 SUBJECT: Application A2019-123 181-197 Frederick Street & 143-147 Lancaster Street West Owners — 1928393 Ontario Inc. Applicant — David Galbraith, IBI Group Approve with Conditions ' J r 128 p D i ,cn 130 22 O is 134 14 772 f r 181 13890 140 c� L \'i f. .145 9 11 15 ,r 151 Suddaby^ Pubic School 157 159 155 155 171 159 10 A 14 161 160 163 11 �� G Subject Properties Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca Report: The property is proposed to be redeveloped with a ten storey mixed use building, with 134 residential dwelling units and five ground floor commercial units. The existing restaurant building, and the residential buildings at 143 and 145-147 Lancaster Street are proposed to be demolished. The building at 181 Frederick Street is proposed to be retained. The applicant has requested the following minor variances; • Relief from Section 45.3.6 of the Zoning By-law to permit a reduced side yard abutting a street of 1.9 metres, whereas 3.0 metres is required, for the corner "flat iron" edge of the building. • Relief from Section 6 of the Zoning By-law to permit a residential parking rate of 0.9 spaces/unit and 0.1 spaces/unit visitor parking, and to permit 11 shared visitor/commercial spaces. • Relief from Section 6 and Appendix D of the Zoning By-law to permit a non-residential parking rate of 1 spaces per 33 square metres, whereas the rate varies by use. • Relief from Appendix D to permit a maximum Floor Space Ratio (FSR) of 2.72 (excluding the heritage building) whereas 2.33 is permitted. A site inspection as conducted on November 7, 2019. Existing Buildings: 143 & 145-147 Lancaster Street Staff Report Development Services Department Existing Building: 197 Frederick Street Existing Building: 181 Frederick Street K"'""' NFR wwwki tchenr. ca Planning Comments: The lands are currently zoned as Commercial Residential Two (CR -2) with Special Regulations 115R (FSR max. of 2.33), 370R (drive though prohibition and restaurant regulations), Special Use Provision 125U (permitting a restaurant) and Holding Provision 13H (requiring consolidation with lands fronting Frederick Street). Staff Deport Development Services Department 1 wR wwwki tchener. c a In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent of the Official Plan The subject lands are located within a Major Transit Station Area (MTSA). The planned function of MTSAs is to support transit and rapid transit and it is intended that these areas achieve a mix of residential, office, institutional and commercial uses. They are also intended to have streetscapes and a built form that is pedestrian -friendly and transit -oriented. The planned function of Major Transit Station Areas is to provide a focus for accommodating growth through development to support existing and planned transit and rapid transit service levels, to provide connectivity of various modes of transportation to the transit system, to achieve a mix of residential, office, institutional, and commercial development, and to have streetscapes and a built form that is pedestrian -friendly and transit oriented. Major Transit Station Areas may include lands within stable residential neighbourhoods which are not the primary focus for intensification. In advance of the completion of Station Area Plans, it is recognized that not all lands within a possible influence area of a ten minute walking radius centered around the location of a proposed Rapid Transit Station Stop should be the focus for intensification and development. In the interim the City has completed Phase 1 of the Planning Around Rapid Transit Station Areas (PARTS) Project to identify Major Transit Station Study Areas including the preliminary identification of areas, based on a high level of technical analysis, in which to focus intensification in and which could support transit oriented and transit -supportive development and redevelopment. The subject lands were identified as a Recommended Focus Area in the PARTS Phase 1 work program, recognizing the balance of the Central Frederick Neighbourhood is stable and should not be the focus for redevelopment and significant intensification. Staff Report Development Services Department w �x wwwkitchener. ca PARTS Phase 2 provided direction for development applications that are received in advance of the completion of Station Area Plans. Development applications must have regard for Regional Official Plan and the Transit -Oriented Development Policies. Development applications should align with the PARTS Transportation Demand Management (TDM) Strategy and the PARTS Urban Design Guidelines. This direction has since been incorporated into the City's Official Plan and the Urban Design Manual. The PARTS Central Preferred Land Use Plan has identified the property as Medium Density Mixed Use. Urban Growth Centre 5.0 Preferred Plan City Centre District ED civic District ED Innovation District C3 Lanai Use Map Aearl et District rq Innovation Employment Institutional Mixed Use M�4)gh Dens edium Density Subject Properties tow Density Residential 1-iigh Rise rq Medium Rise Low Rise r t• . CIVIC 7 %DISTRICT Park ED Natural Heritage Two -Zone Policy Area (Floodplain) -�--� Iron Home Trail MA E7'Site-Specific Policy Area 1sTRI The subject lands are designed as Medium Density Commercial Residential with Special Policy Area 2 in the Central Frederick Neighbourhood Secondary Plan. Special Policy Area 2 only permits certain commercial on the lands municipally addressed as 143 and 145-147 Lancaster Street East if the lands consolidate with lands having frontage on Frederick Street. The intent of the Medium Density Commercial Residential designation is to allow for medium density residential, office and institutional redevelopment. Land uses may be segregated in separate buildings or integrated in mixed use developments. The maximum Floor Space Ratio (FSR) shall be 2.33, that is, the above grade gross floor area shall not exceed 2.33 times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare provided the FSR of 2.33 is not Staff Report Development Services Department K -x wwwkitchener. ca exceeded. A high level of quality in architectural and landscape design is required in all redevelopment projects. It is recognized that superior design can be achieved if sufficient flexibility is maintained in building height and form. CENTRAL FREDERICK NEIGHBOURHOOD PLAN FOR LAND USE MAP 20 SECONDARY PLAN J AV ubject Propertles- Jr. Public School Legend Low Rise Conseryatkrn A Low Rise Consarvation B - Low RISe Multiple R95id64ntial _ Low 6enSity Multiple R&I idontial _ Medium Lientity Multiple ReSid6nlia High ❑eerily MuRio e ReSidenlial ■ Office Residential Conversion Convenience Commercial _ Arterial Commercial Corridor Ali Low Density Commercial Residential _ High D9ri.ity Commertrdl ReSiCenlial Neighbourl od Ir' titulcmal Community Institutional Mixed. use Mode Neighbourhood Park t` i . 1 Boundary of Secnnolaryr Plan Special PoliCy Area Limit of RNional Saftl& lenl Patteri3 P81ity Area 'B' i Trunk Road Primary Arterial Road 9eonndanj Arterial Road Major CAI Ichor Rodd Minor CAI Ichor Road 51 100 $16 300 164 hlelres uTErx�lmu The Official Plan Urban Design policies require that new development have attractive forms, facades and roof designs which are compatible with surrounding buildings. Infill development must complement existing buildings and contribute to neighbourhood character, particularly if located within close proximity of a recognized cultural heritage resource. New developments must be designed to minimize adverse impacts on site, onto adjacent properties and into the public realm through building design. The highest standard of building design is required for buildings located at priority locations, with particular emphasis on architectural detailing for all facades addressing the public realm. The Housing polices in the Official Plan provide direction when a minor variance is requested to facilitate residential intensification or a redevelopment of lands. Any new buildings must be appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. Where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca adjacent properties and supports and maintain the character of the streetscape and the neighbourhood. The site must be able to function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. The impact of each variance cannot compromise the site in achieving objectives of compatible and appropriate site and neighbourhood design and should not create further zoning deficiencies. One of the City's Culture Heritage objectives is to conserve the city's cultural heritage resources through their identification, protection, use and/or management in such a way that their heritage values, attributes and integrity are retained. Through the processing of applications submitted under the Planning Act, resources of potential cultural heritage value or interest will be identified, evaluated and considered for listing as a non -designated property of cultural heritage value or interest on the Municipal Heritage Register and/or designation under the Ontario Heritage Act. All development, redevelopment, and site alteration permitted by the land use designations and other policies of this Plan will conserve Kitchener's significant cultural heritage resources. The conservation of significant cultural heritage resources will be a requirement and/or condition in the processing and approval of applications submitted under the Planning Act. The requested minor variances meet the general intent of the Official Plan. The lands are located within a MTSA which is an intensification area in the City. The lands are shown within the Recommended Focus Area in PARTS Phase 1, being a location where growth is expected and planned to occur. The lands are outside of the low rise conservation areas of the Central Frederick Neighbourhood where policies specifically require the preservation of the scale, use and intensity of existing development. The proposed uses are permitted under the existing land use designation, only the scale is proposed to change under the current minor variance applications. The impact of the minor variances do not cause any adverse impacts on adjacent properties, and the development retains an existing cultural heritage resource at 181 Frederick Street. Multiple dwellings and certain non-residential uses are permitted for lands designated as Medium Density Commercial Residential. The minor variance would permit an increase to the overall permitted scale, by allowing additional FSR. The land use designation recognizes that building height and form are not regulated in this land use district to allow flexibility to achieve superior design. The proposed FSR variance would further extend this flexibility, so it is relevant to consider the design of the building when evaluating the variance. Planning staff have worked with the developer through the site planning process to achieve a development concept that features unique architecture elements (flat iron design) that highlights the intersection and has an active pedestrian focused main floor (base), and underground and buffered surface parking areas. Planning staff is of the opinion that the design of the building is appropriate. Design elements of the building that have resulted in an increase FSR include extending the rear lower portion of the building along Lancaster Street to enclose the parking ramp within the building and to frame the outdoor patio. Indoor private amenity space is provided within internal access and addresses the proposed outdoor amenity space at the south limit of the property. Urban Design staff requested a flat iron design to highlight the angle of the intersection of Fredrick and Lancaster Streets in an effort to create a unique building at the entry to the Central Frederick Neighbourhood. A variance is required for the side yard abutting a street to accommodate the point of the flat iron building, whereas the balance of the building exceeds the minimum setbacks from Lancaster and Frederick Streets. The requested side yard abutting a street setback (which appears as a front yard) is for the corner edge of the building only and the required setbacks are exceeded along Lancaster and Frederick Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca streets. The increased setback along Lancaster Street will provide further setback for portions of the building from Lancaster Street. The tallest part of building is positioned along Frederick Street, adjacent to the Urban Growth Centres (Downtown) and features a step down to address the intersection. The building is further stepped to six storeys along Lancaster, and is set back from Lancaster. The surface parking is located behind the building. The building will feature adequate indoor and outdoor amenity areas for the residents. The Urban Structure in the Official Plan reflects the existing and planned transportation options through the City. Recent and ongoing investments and improvements to active and public transportation modes in the City provide greater support to alternative modes of transportation, including public transportation. Intensification areas within close proximity to planned and existing public transportations have been identified as intensification areas. The proposed minor variance also conforms to Sustainable Development policies in the Official Plan, which encourage redevelopment to strive to be increasingly sustainable through compact and efficient built form that is transit -supportive development and provides for greater use of other active modes of transportation such as cycling and walking. The Parking policies in the Official Plan permit the City to consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. The City supports the Region's TDM Policies and initiatives to reduce automobile dependency, make alternative travel modes more attractive, and influence people to adopt sustainable trip behaviours and practices. The property municipally addressed as 181 Frederick Street is listed on the City's Municipal Heritage Register and the proposed development is adjacent to 171 Frederick Street which is a designated property under Part IV of the Ontario Heritage Act. A Heritage Impact Assessment has been received and is under review as part of the Site Plan process. The proposed development retains the listed building at 181 Frederick Street in situ and does not have adverse impact on the adjacent designated heritage building at 171 Frederick Street. Heritage Planning staff have reviewed the minor variance application and has no concerns. For the reasons, Planning Staff is of the opinion that the general intent of the Official Plan is maintained. 2. General Intent of the Zoning By-law The requested side yard abutting a street of 1.9 metres, whereas 3.0 metres is required, is only for the "flat iron" corner edge of the building. A required road widening land dedication will increase the setback from Lancaster Street by approximately 8.0 metres, in addition to the proposed 4.4 metre building setback (from the new property line). The requested parking variances align with the new parking rates approved as part of recent amendments to the Zoning By-law. The City can require the incorporation of TDM measures as a condition of approval of a development application. Kitchener Zoning By-law 2019-051 contains new parking regulations for developments in the City, but those regulations have not yet been applied to this property. That work will be undertaken as part of a future Neighbourhood Planning review. The new parking regulations that apply to lands with the new M IX zones align with the requested variance. It is recommended that the Committee of Adjustment impose a condition to require minimum Class A and Class B bicycle parking to be shown on the site plan. This will ensure that the bicycle parking Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca proposed as a TDM measure to support the requested parking rate will be enforced at the site planning stage. The intent of the FSR regulation is to regulate the overall mass of a building. The entire lower level is included in the FSR calculation, including the portions of the building used to house the driveway access ramp. There are site design elements that are being employed to ensure the compatibility of the overall building with the community, including active uses at grade and public outdoor patios and landscaped areas. The building is positioned so the taller portions are closest to Frederick Street with reduced steps in height towards the low rise residential portions of the community. There is an increased rear setback from the closest residential property which features a landscaped amenity area. The design of the building, with distinct sections, will help to reduce the overall appearance of the massing. Planning Staff is also of the opinion that the requested minor variance meets the general intent of the Zoning By-law. 3. Is the Variance Minor? The subject lands are planned to accommodate intensification. The lands are adjacent to the Urban Growth Centre (Downtown) and within a Major Transit Station Area (MTSA). Redevelopment sites within MTSAs must be developed to achieve transit -supportive densities in order to preserve adjacent low rise stable neighbourhoods. The requested side yard abutting a street variance only applies to the corner of the building and the requested parking variance aligns with rate approved in recent updates to the Zoning By-law. The increased FSR will not have adverse impacts and provides flexibility to achieve an improved building design. Therefore, Planning Staff is of the opinion that the requested minor variances are minor. 4. Is the Variance Appropriate? The proposed use is permitted since the approved of the Central Frederick Secondary Plan approval in 1994 Official Plan. The requested variances better align with recent changes to the planning regulations and standards, including the 2014 Official Plan, recent parking rate amendments to the Zoning By-law, Planning Around Rapid Transit Stations Phase 1 and 2 recommendations, the 2019 updates in the Urban Design Manual, and the Residential Intensification in Established Neighbourhood study. Planning Staff is of the opinion that the variances are appropriate. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services can support the proposed variances to the parking rates as they all align with the intent of the future zoning by-law (CRoZBy). Heritage Comments: The property municipally addressed as 181 Frederick Street is listed on the City's Municipal Heritage Register and the proposed development is adjacent to 171 Frederick Street which is a designated property under Part IV of the Ontario Heritage Act. A Heritage Impact Assessment has been received and is under review as part of the Site Plan process. The proposed Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca development retains the listed building at 181 Frederick Street in situ and does not have adverse impact on the adjacent designated heritage building at 171 Frederick Street. Heritage Planning staff has reviewed the minor variance application and has no concerns. Engineering Comments: Engineering staff has no objections to the proposed variance. Engineering requirements will be satisfied through the site plan approval process. Operations Comments: Operations staff has no objections to the proposed variances. Parkland dedication will be satisfied through the site plan approval process. Environmental Planning Comments: Environmental Planning staff has no objections to the proposed variance. Tree management will be addressed at the site planning stage. RECOMMENDATION: That Application A2019-123, requesting relief from Section 45.3.6 of the Zoning By-law to permit a reduced side yard abutting a street of 1.9 metres, whereas 3.0 metres is required, for the corner "flat iron" edge of the building, and requesting relief from Section 6 of the Zoning By-law to permit a residential parking rate of 0.9 spaces/unit and 0.1 spaces/unit visitor parking, and to permit 11 shared visitor/commercial spaces, and requesting relief from Section 6 and Appendix D of the Zoning By-law to permit a non-residential parking rate of 1 spaces per 33 square metres, whereas the rate varies by use, and requesting relief from Appendix D to permit a maximum Floor Space Ratio of 2.72 (excluding the heritage building) whereas 2.33 is permitted, be approved subject to the following conditions: 1. That the Owner receive full site plan approval, including an underground parking plan and bicycle storage room, by November 19, 2021, for a mixed use building, which includes the following bicycle parking configuration: A minimum o1 Class A Bicycle Parking Stall for every two dwelling units. Each Class A Bicycle Parking Stall shall be a bicycle locker or an enclosed, secure area with controlled access in which a bicycle may be parked and secured for the long term in a stable position with at least one point of contact with the frame of the bicycle. ii. A minimum of 6 Class B Bicycle Parking Stalls. Class B Bicycle Parking Stalls shall be an area in which a bicycle may be parked and secured for the short term in a stable position with two points of contact with the frame of the bicycle. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority From: Sent: Wednesday, November 06, 2019 3:26 PM To: Garett Stevenson <Garett.Stevenson@kitchener.ca> Subject: Proposed development at corner of Frederick and Lancaster Dear Mr. Stevenson; I am writing to you today regarding the proposed development of the 10 storey condo units at the corner of Frederick and Lancaster streets in the central frederick neighbourhood of Kitchener. We have lived in this neighbourhood for 11 ears and in the greater downtown area for an additional 4 Years. We reside on which is very close to this corner. While we can appreciate the urban growth our city and downtown core has seen over the last several years and are huge supporters of local business and development we are very concerned about this proposed development for several reasons; 1- this neighbourhood has worked hard for several years on traffic calming initiatives due to the constant speeding and unsafe driving that occurs on Lancaster street and at this intersection. There are countless accidents along with several incidents where children have been hit by cars. We have a crossing guard at this intersection and also further down at Chapel street and Lancaster street. There has been multiple other traffic calming initiatives inputted to help combat these issues. 2- no bike lanes/too narrow this is also a big safety concern for cyclists of the neighbourhood. There is very poor visibility and it is already a dangerous intersection this development would only make it worse. 3 -Parking. Parking is a huge issue in this area. While the LRT is a very welcome addition and we are huge supporters of the LRT, this city is still very much car dependant. And the parking in this area is few and far between. We already have a huge number of cars parking on our streets because of Rogers employees and other nearby business employees use due to lack of parking and/or costs. They use our streets for free parking. Add in events at the nearby Center in the square or art gallery or library and now there is NO parking spaces and our streets are already VERY narrow. Add in WINTER and snow events and you have a VERY unsafe situation for all! 4- Suddaby School. The current ROME business which occupies the heritage home cut down all the trees along the fence line between their parking lots and the school. Adding in this huge development would only do further damage to the remaining old beautiful and mature trees. We very much worry about this further damage to the environment when we are already in a climate crisis. Please consider these reasons to not allow this development or the developers variances to be considered. The safety of our children and neighbourhood children is very much at further risk. Thank ou for takin the time to read my concerns. Sincerely - Holly Dyson From: Sent: 12 November, 2019 5:18 PM To: Dianna Saunderson Cc: Holly Dyson Subject: Re: Proposed new development at Lancaster/Frederick Attachments: Courtesy Notice - 2019-11-19.pdf, A 2019-123 - Application - Frederick & Lancaster.pdf Dianna, I wish to have my written submission circulated to the Committee of Adjustment members for their consideration at the November 19, 2019 meeting re: application A 2019-123 - 181-197 Frederick Street & 143, 145 & 147 Lancaster Street East. For the last 50 years, Kitchener has allowed developers to ruin our'heritage' urban core. The first and most disturbing example was the destruction of our beautiful city hall. With hindsight, I think the consensus among Kitchener natives is that redevelopment was a mistake. Unlike the Tim Horton's at the Lancaster/Frederick site, the proposed building(s) developer is making no attempt to design the new structures to blend in with the neighborhood. It is one of Kitchener's best'heritage' areas and should be respected and redeveloped with care. Suddaby school is an architectural treasure and it's block should be protected against improper development. Please select a developer who will design with respect our'heritage' neighborhood and will adhere to the current floor space ratio (2.72). On Tuesday, November 12, 2019, 01:57:46 PM EST, Dianna. Saunderson@kitchener.ca <dianna.saunderson@kitchener.ca> wrote: Good Morning, Garrett Stevenson has forwarded your correspondence to me regarding Committee of Adjustment application A 2019-123 - 181-197 Frederick Street & 143, 145 & 147 Lancaster Street East. If you wish for your written submission (including specific points of concern) to be circulated to the Committee members for their consideration at the November 19, 2019 meeting, please email it to me with your full contact information (name, address etc.) by noon on Monday, November 18, 2019. Please note: I am unable to circulate comments without full contact information. Please be advised as this is a public planning matter, your personal information is not protected if someone requests the list of interested parties. If you no longer wish to be considered an interested party in this matter, please advise and you will be removed from the list. I have attached the Notice of Hearing and the application for your reference. Regards, Dianna Saunderson, AMP Committee Administrator I Corporate Services City of Kitchener 519-741-2200 ext. 7277 1 TTY 1-866-969-9994 Dianna.Saundersona-kitchener.ca EK10ioZ�l From: Sent: IturMy,veWe 9WM To: Garett Stevenson <Garett.Stevenson kitchener.ca> Cc: Sub�ec: e:ropose new evelopment at Lancaster/Frederick I'd like to share with you my thoughts and concerns re: the proposed new development at Lancaster/Frederick. For the last 50 years, Kitchener has allowed developers to ruin our'heritage' urban core. The first and most disturbing example was the destruction of our beautiful city hall. With hindsight, I think the consensus among Kitchener natives is that redevelopment was a mistake. Unlike the Tim Horton's at the Lancaster/Frederick site, the proposed building(s) developer is making no attempt to design the new structures to blend in with the neighborhood. It is one of Kitchener's best'heritage' areas and should be respected and redeveloped with care. Suddaby school is an architectural treasure and it's block should be protected against improper development. Please select a developer who will design with respect our'heritage' neighborhood and will adhere to the current floor space ratio (2.72). While I have your attention, I'd like to share some ideas for Victoria park. The 'new' bridges should be replaced with ones that match the victorian style of the remaining original bridge. There was a well-heeled group that wanted to sponsor busts of all prime ministers and have them placed around the park. Could not another such group be found to sponsor nice bridges? Use the same (long lasting) building material as the old bridge and it becomes a cost effective upgrade too. The old bus terminal should be redeveloped as an extension of Victoria park. It would serve as a green corridor from the commercial core into the park. Skating on Victoria lake was a winter delight for residents who remember those day's. That, of course is no longer possible. However the city could create a substitute across the street by maintaining a (seasonal) large, round skating surface with lights, music and concession stand(s). The downtown residential population is growing and healthy family activity sites should be prioritized. By using modern cooling technology, the skating circle could be operational for 5 months. I moved from Toronto back in 1994 to get away from a large city with too much traffic. I chose Kitchener as a smaller place to live with less traffic . I chose the central Frederick neighbourhood because of its attractive residential homes.The City of Kitchener now seems determined to put up high rise buildings with insufficient parking according to existing zoning bylaws. The lack of parking will have motorists driving around the currently quiet neighbourhood looking for parking spots.. More people in an area creates traffic congestion and increased demand on city's infrastructures. How do we go from a low rise Tim Horton's building with very tasteful landscaping and no drive through allowed to the proposed very unattractive factory looking building?The 10 story building will loom over the Suddaby school and playground. The City of Kitchener should look at the City of Waterloo, especially King Street between University and Columbia, to avoid creating another ugly concrete jungle. Staff ReportAaR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner— 519-741-2200 ext. 7110 WARD: 1 DATE OF REPORT: November 8, 2019 REPORT #: DSD -19-270 SUBJECT: A2019-124; A2019-125; A2019-126; A2019-127; A2019-128; & A2018-129 204, 205, 208, 209, 212, & 220 Field Sparrow Crescent Owner — Activa Holdings Inc. Applicant — Nikita Thompson Approve Subject Properties s d = %11 -- 298 2,4 ;C2 e • K _ - 4 285 jo A to o h...2 ' •,. .. . ` � 51�2T7 S R, 274 Location Map: 204, 205, 208, 209, 212 & 220 Field Sparrow Crescent *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject properties located at 204, 205, 208, 209, 212, and 220 Field Sparrow Crescent are zoned Residential Three (R-3) with Special Regulation Provision 304R and 307R in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to construct a single detached dwelling on each property with a maximum driveway width of 8.63 metres, whereas a maximum driveway width of 8 metres is permitted. This variance will facilitate the construction of dwellings with 3 -car garages. Field Sparrow Crescent City Planning staff conducted a site inspection of the property on November 7, 2019. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent and Purpose of Official Plan Test The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to increase the width of the driveway on these properties is appropriate and will continue to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The intent of the maximum driveway width regulation in the Zoning By-law is to ensure that the driveway does not dominate the front of the dwelling and by extension, the streetscape. The 6 lots in question have widths that are wider than average. The lots range in width from 17 metres up to 22 metres. A driveway width of 8.65 metres would not dominate the streetscape or the front yard(s) of the properties in question due to the relatively large width of each lot. As such, staff is satisfied that the requested variance to permit a maximum driveway width of 8.65 metres, whereas a maximum of 8 metres is permitted, meets the general intent of the Zoning By-law. 3. "Minor" Test The variance for the increased driveway width will not present any significant impacts to adjacent properties or the overall neighbourhood. The zoning regulations on the property require that the driveway be a maximum of 6 metres within 3 metres of the street line; this will be maintained on the subject properties. As such, staff is of the opinion that a marginal increase to the 8 metre maximum driveway width beyond 3 metres from the street line is minor. 4. Desirability for Appropriate Development or Use Test It is worth noting that there are 6 properties along this section of Field Sparrow Crescent that have requested a wider driveway through this minor variance application. Assuming the variance is approved and the dwellings and designed and constructed as planned, there will be several properties on this street with a similar driveway design, which makes for a more consistent streetscape. As such, the proposed variance is desirable and appropriate for the use of the land, as the lots in question are wider than average and therefore suitable to contain a slightly wider driveway than permitted by the applicable zoning. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: No Heritage Planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-124, A2019-125, A2019-126, A2019-127, A2019-128, and A2019-129 requesting relief from Special Regulation Provision 307R of the Zoning By- law to have a maximum driveway width of 8.65m, whereas a maximum driveway width of 8 metres is permitted, be approved. Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo November 05, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Repod J K1 R Development Services Department www.kitchener.ca REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment November 19th, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Eric Schneider, Planner - 519-741-2200 ext. 7843 3 November 8th, 2019 DSD -19-254 APPLICATION #: B2019-066-071 (Amended) 253 Clark Avenue Applicant: Matthew Warzecha Approve with conditions Y :1r Location Map: 253 Clark Avenue R-3 l \ RESIDENTIAL N51'1G'S5E � _ V Proposed lot fabrics REPORT Planning Comments: The subject property is split -zoned Residential Five Zone (R-5) and Residential Six Zone (R-6) in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property currently contains a triplex dwelling. The existing development of the neighbourhood consists of single detached, semi-detached, and multiple dwellings. The Owner is requesting permission to sever the subject lands into 7 total lots with associated easements. The property is proposed to be developed with 5 duplex dwellings and a semi- detached dwelling on two lots. The retained lot would have a lot width of 9 metres, a depth of 36.9 metres, and an area of 339.7 square metres. The severed lots would have the followina dimensions: Lot 1 (duplex) 2 du lex 3 (duplex) 4 (duplex) 5 semi 6 semi Width m 9 9 9 m RETAINED Lor 1 339.]m� 18.3 w Y� 41.8 32 32 31.6 30.5 G Area (m2) 362.6 287.9 286.8 280.2 R-3 R-3 Easement Yes Yes Yes Yes Yes No RESIDENTIAL RESIDENTIALi_Sm E4iEMEM 189 — — — — — mo SEVERED LOT $ 352 &W 41 3 1 90 Ea{vEIT 11, EASENENT 6,6 Ex nq ENt1 9.0 9.0 6:0 to be 11_IiAfi d Ti SEVERED SEVERED SEVERED SEVERED SEVERED LOT 2 LOT 3 LOT 4 2W 2rt� LOT 5 230.7.e LDT 6 M2 &o y °F1' R-5 207.%W 286 &n= - F RESIDENTIAL 2 z ST so 9.5 sn , o p7a e_ 8.&44 Ns1°M1sss-w �,g4.T72 j,111_66'2 RETAINED LANDS (339.7rn7) SEVERED LANDS (1,I81.6D2) Proposed lot fabrics REPORT Planning Comments: The subject property is split -zoned Residential Five Zone (R-5) and Residential Six Zone (R-6) in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property currently contains a triplex dwelling. The existing development of the neighbourhood consists of single detached, semi-detached, and multiple dwellings. The Owner is requesting permission to sever the subject lands into 7 total lots with associated easements. The property is proposed to be developed with 5 duplex dwellings and a semi- detached dwelling on two lots. The retained lot would have a lot width of 9 metres, a depth of 36.9 metres, and an area of 339.7 square metres. The severed lots would have the followina dimensions: Lot 1 (duplex) 2 du lex 3 (duplex) 4 (duplex) 5 semi 6 semi Width m 9 9 9 9 8 18.3 Depth (m) 41.8 32 32 31.6 30.5 28.9 Area (m2) 362.6 287.9 286.8 280.2 238.7 325.6 Easement Yes Yes Yes Yes Yes No City Planning staff conducted a site inspection of the property on October 4th, 2019. 2 Existing Triplex on Site (October 4, 2019) With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. The proposed lots conform to the Official Plan. All proposed retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. The easements proposed by the applicant are required by Section 5.20 of the Zoning By-law. Based on the foregoing, Planning staff recommends that Consent Applications B2019-066-071, requesting consent to sever the subject property into 7 total lots to be approved, subject to the conditions listed in the Recommendation section of this report. 3 R-3 1 RE;IL190AL �y N 51 `16'55'€ li6HQ . — .�t -� ■ � ■ rrrrr � rr�r�fi.�# dr as i LOT 1 m:.in5 prep= DUPLEX f DWELLING N _fie �- R-3 _ tlA� RESIDENTIAL 7ffs .5m EAsE-ENT �c �2 LOT 2 f • 3152.6m 11 4 rr m = .az1 DUPLEX DWELLING ► d _ � , �.5m EA5EWE}YT !,'Sm EhSEltlEFfr Existing Euilding LOT LOT to GemalishEd LOT 3 LOT 4 LOT 5238.7rt� BES.fim' -, 7S7_es.,,- N SEVI-D ACi{EDt �M[-DETACHED�* DUPLES DUPLEX Imo. DUPLEX U. LIN I" UNIT DWEL_N3 DWEWHG . DWELUNG 46` 0.2 J.2 Area = Buldmq Arm IF a A Ring hep=10 10 tr4nn� RESIDENTIAL 95 _ �k � 2} 0Ali 27 oe 1. `_ 0.5 9.0 -•I i5 4 4-f4 --� l r' I L 7 - 1 ■ . r A= -12 G 8.644 R i 1 1.862 N51 °16 55'W Proposed Buildinas on Site Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings Heritage Comments: Heritage Planning staff has no concerns. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building/demolition permit will be issued. Transportation Services Comments: In accordance with the city's on -street parking policy and based on the submitted plan (Severance Sketch), ensure that at a minimum of 3 on -street parking spaces are provided. An on -street parking plan be submitted to Transportation Services for review and comment. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate municipal sanitary, storm and water services are currently available to service the proposed units along Siebert Avenue however the sanitary sewer along Clark Avenue will need to be extended at the owners expense to service those proposed units. Any further enquiries in this regard should be directed to Niall Melanson (519- 741-2200 ext. 7133). Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system and design of the sanitary sewer extension along Clark Avenue, complete with sanitary sewer design sheets and ECA application will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building 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. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 6 new development lots will be created. The cash -in -lieu dedication required is $27,416.00 Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage (59.6m) at a land value of $9,200 per frontage metre. City owned trees are located in the boulevard of the subject property. The owner/applicant is required to: 1) Provide a Street Tree Planting Plan (including all existing and proposed utilities; coordinated with all other plans) for review and approval by Parks & Cemeteries Design & Development. 2) Indicate compensation plantings that meet the requirements of section M with adequate soil volumes on Street Tree Planting Plan. 3) Financial compensation for the street trees being removed will also be required. An ISA certified arborist will need to prepare a report assessing the value of the street trees being removed using the most up-to-date base -diameter method endorsed by the ISA. 5 The value of these trees will paid into the tree planting account and will be separate from the cash -in -lieu of parkland dedication owing. 4) Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided. RECOMMENDATION: That Applications B2019-066-071 requesting consent to sever the subject property into seven (7) lots and create associated easements 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 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 size 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 Owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. 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 $27,416.00 The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 7. That the Owner submit a Street Tree Planting Plan to the satisfaction of the Director of Parks and Cemeteries. 8. That the Owner provide financial compensation for the street trees proposed to be removed. The value of the trees will be determined by an ISA certified arborist. The owner shall submit a report assessing the value of the trees to the satisfaction of the Director of Parks and Cemeteries. 9. That the Owner provide adequate tree protection on the street trees prior to L construction, to the satisfaction of the Director of Parks and Cemeteries. 10. That the Owner make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 11. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 12. That the Owner provide a servicing plan showing outlets to the municipal servicing system complete with sanitary sewer design sheets and ECA application to the satisfaction of the Director of Engineering Services. 13. That the Owner 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. 14. That the Owner provides Engineering staff 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. 15. That the Owner shall prepare a Tree Management Plan for the retained and all 6 severed lots 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 demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 16. That the Owner submit an On -Street Parking Plan to the satisfaction of the Director of Transportation Services. Eric Schneider, BES Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner 7 Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 D20-20/19 KIT November 6, 2019 Re: Comments for Consent Application B2019-066 through B2019-072 Committee of Adjustment Hearing November 19, 2019 CITY OF KITCHENER B2019-66 to B2019-071 253 Clark Avenue JC Group The owner/applicant is submitting six consent applications for the subject lands to create a total of seven new residential lots. Fee: The owner/applicant must submit the consent review fee of $350.00 per new lot created ($350.00 x 6 =$2,100) to the Region of Waterloo prior to final approval of the consent application. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot created. Document Number: 3147705 Version: 1 B2019-072 85 McIntyre Drive Hureng Developments Limited The owner/applicant is proposing to sever 272 square metres from a vacant property and add it to the subject lands at 85 McIntyre Drive. The purpose of this application is so that the existing storage units reside on 85 McIntyre Drive. Regional staff has no objection to the subject application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, MIJ� _ 1-1/ `�_ Matthew Colley Planner Document Number: 3147705 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Report Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext. 7987 WARD: 5 DATE OF REPORT: November 8, 2019 REPORT NUMBER: DSD -19-271 SUBJECT: Applications B2019-072 & A2019-130 Pt Lt 14 Plan 471, Pt 1 58R-10560 (lot adjacent to 85 McIntyre) Owner — David Harsch & Peter Fraser Approve with conditions Retained 8.5 �,•,• L [ Proposed variance to permit a rear 1 yard of 1.2 m rather than 7.5 m. Lands to be severed (added to 85 McIntyre) Subject Lands: Pt Lt 14 Plan 471, Pt 1 58R-10560 (lot adjacent to 85 McIntyre Drive) Staff Report Development Services Department wwwkitchener. ca The owner of the subject lands is proposing to sever a 272 m2 parcel and convey it as a lot addition to 85 McIntyre Drive. Both parcels are owned by the same ownership group (Hureng Developments), however under separate title. The subject lands currently contain two shipping containers which were approved and added in about 2004 and provide storage and server space for the office building located at 85 McIntyre Dr. The remainder of the lot is vacant and undeveloped. The owner is proposing the lot addition so that balance of the undeveloped lands can be sold in the future. The owner is also requesting a minor variance to permit a reduced rear yard setback of 1.2m rather than 7.5m. The variance is required because the eastern property line created as a result of the lot addition is technically considered the rear yard, rather than an interior side yard. Photo: Shipping containers to be added to adjacent lands containing small office building (October 30, 2019) Report: The subject lands are designated Business Park Employment in the City's Official Plan and zoned Business Park Zone (B-1) in Zoning By-law 85-1 and Service Business Park Employment (EMP - 4) Zone, with Ecological Restoration Area Overlay, in new Zoning By-law 2019-051. Consent Application With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed lot addition conforms to the City's Official Plan and will allow for orderly development that is compatible with the surrounding business park. The dimensions and shapes of the resultant lots are appropriate and suitable for the use of the lands, the resultant lots have frontage on established public streets, and both parcels of land can be serviced with independent and adequate service connections to Staff Report Development Services Department wwwkitchener.ca municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Minor Variance Application In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General intent of the Official Plan The Business Park Employment designation supports a range manufacturing and the other employment uses. The proposed variance, will facilitate a conveyance which will result in a lot that may be conveyed and developed for future business park uses. Staff is of the opinion that the general intent of the Official Plan is maintained. 2. General Intent of the Zoning By-law The general intent of the rear yard setback is ensure that there is sufficient separation distances between buildings. The subject variance is only required because the receiving lands (85 McIntyre Drive) is a corner lot, and the technical front lot line is on McBrine Drive rather than McIntyre Drive. This results in new eastern lot line being a rear yard, rather than an interior side yard. For all intents and purposes, the yard will function and appear as an interior side lot line. Staff is of the opinion that the general intent of the zoning by-law is maintained. 3. Applications are Minor The proposed 1.2 m setback from the existing shipping containers to the new lot line is consistent with an interior side yard setback required by Zoning By-law 85-1. Staff notes that new Zoning By-law 2019-051 requires a 1.5 m setback however given that the shipping containers are only one storey, and do not require the additional 0.3 metres to be maintained, the 1.2 metre setback represents appropriate separation from future development. Therefore, it is Planning staff's opinion that the variance is minor. 4. Applications are Appropriate The new lot line will function as an interior side lot line and provides appropriate separation to future development on the resultant lot. Therefore, staff is of the opinion that the variance is appropriate. Environmental Planning Comments: No objections. Building Comments: The Building Division has no objections. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no concerns with the proposed severance. Operations Comments: Parkland dedication is not required for this application as no new developable lot has been created. Staff Report Development Services Department wwwkitchener.ca RECOMMENDATIONS: A. That Application A2019-130 requesting relief from: a. Section 23.3 of Zoning By-law 85-1 to permit a rear yard setback of 1.2 metres whereas 7.5 metres is required, be approved; and b. Section 10.3 — Table 10-2 (EMP -4) of Zoning By-law 2019-51 to permit a rear yard setback of 1.2 metres whereas 7.5 metres metre is required, be approved, subject to the following: i. This minor variance shall become effective only at such time as Zoning By- law 2019-51 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, and the variance shall be deemed to have come into force as of the date of this decision. B. That Application B2019-072 requesting consent to convey a parcel of land having a width of 7.9 metres and an area of 272 metres squared, as a lot addition to 85 McIntyre Drive, be approved subject to the following conditions: 1. That Application A2019-130 receives full and final approval. 2. 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. 3. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .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. 4. 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. PA 3, 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. Katie Anderl, B.E.S., MCIP, RPP Senior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 D20-20/19 KIT November 6, 2019 Re: Comments for Consent Application B2019-066 through B2019-072 Committee of Adjustment Hearing November 19, 2019 CITY OF KITCHENER B2019-66 to B2019-071 253 Clark Avenue JC Group The owner/applicant is submitting six consent applications for the subject lands to create a total of seven new residential lots. Fee: The owner/applicant must submit the consent review fee of $350.00 per new lot created ($350.00 x 6 =$2,100) to the Region of Waterloo prior to final approval of the consent application. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot created. Document Number: 3147705 Version: 1 B2019-072 85 McIntyre Drive Hureng Developments Limited The owner/applicant is proposing to sever 272 square metres from a vacant property and add it to the subject lands at 85 McIntyre Drive. The purpose of this application is so that the existing storage units reside on 85 McIntyre Drive. Regional staff has no objection to the subject application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, MIJ� _ 1-1/ `�_ Matthew Colley Planner Document Number: 3147705 Version: 1 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Hollv Dvson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 Fax: (519) 621-4945 E-mail: aherreman@grand river. ca DATE: November 8, 2019 YOUR FILE: B 2019-072 & A 2019-130 GRCA FILE: A2019-130 & B2019-072 - 85 McIntyre Drive RE: Application for Consent B 2019-072 Application for Minor Variance A 2019-130 85 McIntyre Drive, City of Kitchener Hureng Developments Ltd. GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above -noted applications. Please see our detailed comments below. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the subject lands contain the regulated allowance adjacent to a watercourse and floodplain. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: The proposed consent application will sever a portion of the adjacent parcel and add the land as a lot addition to 85 McIntyre Drive. The minor variance application requests a rear yard setback of 1.2 metres whereas 7.5 metres is required. We do not anticipate any impacts to the adjacent watercourse as a result of these applications and we have no objection to the approval of the applications by the City of Kitchener. Due to the presence of the above -noted features, portions of the subject lands are regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development on the subject lands within the regulated area will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. 3. Plan Review Fees: These applications are minor consent and minor variance applications and the applicable plan review fee is $410.00. With a copy of this correspondence, the applicant will be invoiced in the amount of $410.00. NAResource Management Division\Resource Planning\Watedoo Region\KITCHENER\2019\SeveranceW2019-130 & Page 1 of 2 82019-072 - 85 McIntyre Drive\A2019-130 & B2019-072 - 85 McIntyre Dhve.docx We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Encl. cc: Hureng Developments Ltd. c/o David Harsch — 398 Windham Road 9, La Salette, ON NOE 1 HO * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2019\Severance\A2019-130 & Page 2 of 2 B2019-072 - 85 McIntyre Drive\A2019-130 & B2019-072 - 85 McIntyre Ddve.docx O) L f0 '-C O O N O LO U Q LL 1,m $ w L n L a Q L) g a >>Q N U L U 20m > Q o Y_ C .. c? 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