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HomeMy WebLinkAboutCA - 2019-11-19COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:08 a.m. Present: Mr. D. Cybalski - Chair Mr. B. McColl Ms. J. Meader Mr. S. Hannah Mr. M. Kidd Officials: Ms. J. von Westerholt, Senior Planner Mr. G. Stevenson, Senior Planner Mr. D. Seller, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. M. Kidd Seconded by Mr. B. McColl That the regular minutes of the Committee of Adjustment meeting held October 15, 2019, as circulated to the members, be accepted. Carried A 01 Fe11:7e1 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd "That Mr. D. Cybalski be appointed Chair of the Committee of Adjustment and Mr. B. McColl be appointed Vice -Chair of the Committee of Adjustment for a term to expire November 30, 2020." Carried NEW BUSINESS: MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2019-111 Applicant: Alyson Butler Property Location: 37-39 Pandora Avenue North Legal Description: Part Lot 51, Registered Plan 129 Appearances: In Support: A. Butler Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-257 dated November 8, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -278- CITY OF KITCHENER Submission No.: A 2019-111 (Cont'd) Ms. A. Butler was in attendance in support of the subject application and staff recommendation. In response to questions, she advised she purchased the property two years ago, noting the previous owner had installed the driveway just prior to the sale. In response to further questions, Ms. J. von Westerholt advised front yard parking is not uncharacteristic of the neighbourhood, noting an additional variance was not required to permit parking within the front yard. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of ALYSON BUTLER requesting 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; and, to allow the parking space to encroach onto City lands, on Part Lot 51, Registered Plan 129, 37-39 Pandora Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a curb cutting permit for the driveway widening from 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 owner shall complete the above noted Conditions prior to September 1, 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. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 2. Submission No.: A 2019-112 Applicant: 2645826 Ontario Inc. Property Location: 45 Heiman Street Legal Description: Subdivision of Lot 18 and Part Lot 44, German Company Tract, being Part 5 on Reference Plan 58R-20182 - and - Submission No.: A 2019-113 Applicant: 2645826 Ontario Inc. Property Location: 47 Heiman Street Legal Description: Subdivision of Lot 18 and Part Lot 44, German Company Tract, being Part 5 on Reference Plan 58R-20182 COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -279- CITY OF KITCHENER 2. Submission No.: A 2019-112 & A 2019-113 (Cont'd) Appearances: In Support: N. Krayishnik Contra: None Written Submissions: None Regarding A 2019-112, the Committee was advised the applicant is requesting 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. Regarding A 2019-113, the Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-258 dated November 8, 2019, recommending approval of these applications. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with these applications. Mr. N. Krayishnik was in attendance in support of the subject applications and staff recommendations. Submission No.: A 2019-112 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of 2645826 ONTARIO INC. requesting permission for a semi-detached dwelling under construction to have a front yard setback of 3.35m rather than the required 4.5m, on Subdivision of Lot 18 and Part Lot 44, German Company Tract, being Part 5 on Reference Plan 58R-20182, 45 Heiman Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried Submission No.: A 2019-113 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of 2645826 ONTARIO INC. requesting permission for a semi-detached dwelling under construction to have a front yard setback of 3.35m from the front lot line rather than the required 4.5m, on Subdivision of Lot 18 and Part Lot 44, German Company Tract, being Part 5 on Reference Plan 58R-2018, 47 Heiman Street, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -280- CITY OF KITCHENER 2. Submission No.: A 2019-112 & A 2019-113 (Cont'd) It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 3. Submission No.: A 2019-114 Applicants: Yogesh Kumar and Shubhangi Dhuri Property Location: 45 Maywood Road Legal Description: Lot 145, Plan 849 Appearances: In Support: Y. Kumar Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD -19-260 dated November 8, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with this application. Mr. Y. Kumar was in attendance in support of the subject application and staff recommendation. In response to questions, he advised the drawings submitted with the application were based on a property survey. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of YOGESH KUMAR and SHUBHANGI DHURI requesting 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, on Lot 145, Plan 849, 45 Maywood Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19. 2019 -281- CITY OF KITCHENER e�*N •T 1Tr_r1 Ti10156 i _ 12iy&01501 14 iiiC Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 4. Submission No.: A 2019-115 Applicant: SV Laurin Inc. Property Location: 593 Charles Street East Legal Description: Lot 35, Plan 262 Appearances: In Support: M. Laurin Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-261 dated November 8, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with this application. Mr. M. Laurin was in attendance in support of the subject application and staff recommendation. In response to questions, he stated the building would not be open to the public, noting all their clients are visited off-site. In response to questions, Ms. J. von Westerholt advised staff have no concerns with the variance as requested. She indicated she was of the opinion that the Committee's decision this date did not need to be restricted to the proposed use. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of SV LAURIN INC. requesting 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, on Lot 35, Plan 262, 593 Charles Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19. 2019 -282- CITY OF KITCHENER ��1•Ti11 Me, 0C> 01211 %bf197214e, it Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 5. Submission No.: A 2019-116 Applicants: Ray and Carmen Lazarus Property Location: 310 Shanley Street Legal Description: Part Lot 1, Plan 413 Appearances: In Support: A. Head S. Sorensen Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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 fapade and the front lot line whereas the By-law does not permit parking between the front fapade and the front lot line. The Committee considered Development Services Department report DSD -19-262 dated November 8, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with this application. Mr. A. Head was in attendance in support of the subject application. He requested an amendment to the staff recommendation to impose a 2 -year deadline for completing the conditions. Ms. J. von Westerholt advised she had no objections to a 2 -year deadline as requested. Mr. S. Sorensen advised he owned the adjacent property and was in attendance this date in support of the subject application and the proposed re -use of the property. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of RAYNOR and CARMEN LAZARUS requesting permission to permit a multiple -unit dwelling containing 3 units 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 fapade and the front lot line whereas the By-law does not permit parking between the front fapade and the front lot line, on Part Lot 1, Plan 413, 10 Shanley Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 2. That the owner shall ensure Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -283- CITY OF KITCHENER 5. Submission No.: A 2019-116 (Cont'd) 3. That the owner shall complete the above noted Conditions prior to September 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 6. Submission No.: A 2019-117 Applicant: Milestone Developments Inc. Property Location: 450 Rivertrail Avenue Legal Description: Lot 199, Reference Plan 58M-597 Appearances: In Support: P. Haramis Contra: A. Gawid Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a westerly side yard setback of 1.28m, 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. The Committee considered Development Services Department report DSD -19-263 dated October 25, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with this application. Mr. P. Haramis was in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt advised the current Zoning on the subject property is proposed to be eliminated in the new Zoning By-law. Mr. A. Gawid advised he owned the property municipally addressed as 454 Rivertrail Avenue and was in attendance this date in opposition of the subject application. He requested clarification on the potential impact the proposed variance may have on his property. Ms. J. von Westerholt advised the variance, if approved, would decrease the side yard setback on the subject property by less than 1 foot, noting staff were of the opinion that there would be no impact to adjacent properties. She indicated the property lines on the subject property are tapered to the rear lot line, which was likely what was necessitating the requested minor variance. In response to further questions, she indicated she was not certain whether any additional properties on the street may require a similarvariance due to the narrowing rear yards. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -284- CITY OF KITCHENER 6. Submission No.: A 2019-117 (Cont'd) Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having a westerly side yard setback of 1.28m rather than the required, 1.5m, on Lot 199, Reference Plan 58M-597, 450 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried Submission No.: A 2019-118 Applicant: Ashley McKnight Property Location: 8 Devon Street Legal Description: Part Lot 15, Registered Plan 298 Appearances: In Support: D. Jackson Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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%. The Committee considered Development Services Department report DSD -19-264 dated November 8, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with this application. Mr. D. Jackson was in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt advised if a property is currently legal non- conforming and a property owner requires a minor variance, it is the current practice that the property owner is requested to legalize all the variances for the subject property. She indicated it was her belief that the property owner only required one variance for parking; the balance of the variances were to legalize the existing dwelling. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -285- CITY OF KITCHENER Submission No.: A 2019-118 (Cont'd) Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ASHLEY MCKNIGHT requesting 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%, on Part Lot 15, Registered Plan 298, 8 Devon Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a curb -cutting permit for the driveway widening from the City of Kitchener's Engineering Services. 2. That the owner shall complete the above noted Conditions prior to November 1, 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. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 8. Submission No.: A 2019-119 Applicant: Otis on the Parc - 51 David Limited Partnership Property Location: 51 David Street Legal Description: Lot 146, Subdivision of Lot 17, German Company Tract Appearances: In Support: P. Chauvin Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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). The Committee considered Development Services Department report DSD -19-265 dated November 9, 2019, recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -286- CITY OF KITCHENER 8. Submission No.: A 2019-119 (Cont'd) Mr. P. Chauvin was in attendance in support of the subject application and staff recommendation. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of OTIS ON THE PARC - 51 DAVID GP INC. requesting 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, on Lot 146, Subdivision of Lot 17, German Company Tract, 51 David Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That a Site Plan amendment application shall be approved by June 30, 2020 to the satisfaction of the Manager of Site Development and Customer Service. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 9. Submission No.: A 2019-120 Applicant: James Glasbergen Property Location: 14 Frontier Drive Legal Description: Lot 26, Registered Plan 58M-580 Appearances: In Support: J., H. & G. Glasbergen H. & H. Dhindsa Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-266 dated November 8, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with this application. Messrs. J. & G. Glasbergen, H. Dhindsa and Ms. H. Glasbergen were in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt advised a minor variance is required only due to construction of the roof over the deck. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -287- CITY OF KITCHENER 9. Submission No.: A 2019-120 (Cont'd) Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of JAMES ANDREW GLASBERGEN requesting permission to construct a covered unenclosed 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, on Lot 26, Registered Plan 58M-580, 14 Frontier Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 10. Submission No.: A 2019-121 Applicants: Roger Kieswetter and Kris Deyarmond Property Location: 80, 86, 92 & 96 Sydney Street North Legal Description: Lots 8-11, Plan 719 Appearances: In Support: H. Price Contra: D. Herlick T. Swigart V. Cryme Written Submissions: Neighbourhood Petition The Committee was advised the applicants are requesting 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). The Committee considered Development Services Department report DSD -19-267 dated November 8, 2019, recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with this application. Ms. H. Price was in attendance on behalf of the owners in support of the subject application and staff recommendation. She advised the applicants were willing to amend their application to remove the variance requested for the reduction in height for the visual barrier. She indicated as COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19. 2019 -288- CITY OF KITCHENER ill�*n *I 711M Me, Ll 156�01281&*]NvAffrd Me, ire a retaining wall will be required on the subject property, staff had suggested the variance. She clarified that the visual barrier would be located on top of the retaining wall, noting the overall height would be approximately 8 feet. Ms. J. von Westerholt advised staff have no objection to the proposed amendment to withdraw the request for the reduction in height for the visual barrier. Messrs. D. Herlick and V. Cryne and Ms. T. Swigart were in attendance in opposition of the subject application. Ms. Swigart expressed concerns with on -street parking, snow removal and issues related to flooding on the subject property. She questioned whether the applicant would be permitted to abandon the development during construction as the soil conditions are challenging and may not be manageable. She further advised it was her opinion the proposed development was too large for the subject properties. Questions were raised regarding the proposed parking reduction. Mr. S. Ryder advised the proposed development was previously approved through a similar minor variance application which lapsed. He stated the application before the Committee this date is requesting the same approvals. In response to questions, Ms. Price advised the applicant will be required to submit a grading plan through the Site Plan Approval Process that will address stormwater runoff and possible issues related to flooding. She indicated as part of the development process, the property owner will also be required to provide a Letter of Credit prior to construction as an assurance that the project will be completed. Mr. D. Herlick advised he resides on Rosedale Avenue and indicated a petition was submitted forthe Committee's consideration this date. He expressed concerns with possible grading issues and the proposed fence height. He acknowledged the applicants withdrew their request for a reduction in the height of the visual barrier, stating it would be the neighbours preference to have a 6 -foot fence. In response to questions, he acknowledged that with the retaining wall and the fence, there was the potential for an 8 -foot barrier between his rear yard and the proposed development. In response to questions, Ms. Price stated the project was delayed as a previous business partnership did not come to fruition. She noted as the plan has received conditional approval, the owner still wishes to proceed with the development. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of KIESWETTER EXCAVATING INC requesting 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 located 3.3m from the property line rather than the required 6m; an easterly side yard of 3.6m rather than the required 6m; 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), on Lots 8-11, Plan 719, 80, 86, 92 & 96 Sydney Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That approval of Minor Variance Application A 2019-121 shall apply to the development approved through Site Plan Application SP16/036/S/AP. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19. 2019 -289- CITY OF KITCHENER 10. Submission No.: A 2019-121 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 11. Submission No.: A 2019-122 Applicants: Osiris Georgi and Yohanna Gerges Property Location: 1092 Queens Boulevard Legal Description: Part Lot 21, Plan 786 Appearances: In Support: G. Sedra Contra: Written Submissions: None The Committee was advised the applicants are requesting permission to convert an existing residential dwelling into a duplex 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%. The Committee considered Development Services Department report DSD -19-268 dated November 8, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with this application. Mr. G. Sedra was in attendance and provided a brief overview of the subject application, noting he was in support of the staff recommendation. Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of OSIRIS GEORGI and YOHANNA GERGES requesting 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%, on Part Lot 21, Plan 786, 1092 Queens Boulevard, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -290- CITY OF KITCHENER 12. Submission No.: A 2019-123 Applicant: 1928393 Ontario Inc. Property Location: 181-197 Frederick Street & 143, 145 & 147 Lancaster Street East Legal Description: Part Lots 1-7, Plan 392 Appearances: In Support: D. Galbraith J. Somfay I. Brown Contra: J. Ryrie A. Doran S. Fulop J. Peters T. Poizner C. Rollings D. Scattergood K. Leslie K. A. Callaghan D. Kuehl Written Submissions: Neighbourh000d Comments The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-269 dated November 7, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with this application. Messrs. D. Galbraith, J. Somfay and I. Brown were in attendance in support of the subject application and staff recommendation. Messrs. J. Ryrie, J. Peters and D. Scattergood, Ms. A. Doran, Ms. S. Fulop, Ms. T. Poizner, Ms. C. Rollings, Ms. K. Leslie, Ms. K. A. Callaghan and Ms. D. Kuehl were in attendance in opposition to the subject application. Mr. J. Ryrie addressed the Committee in opposition to the subject application, stating he is a resident of the Central Frederick neighbourhood. He expressed concerns with the staff report, noting there are a number of supporting statements that in his opinion are misrepresented. He stated being in close proximity to transit and the ION should not be justification for unanimous approval of a development of this scale. He indicated the Report only takes into consideration the Frederick Street frontage in proximity to the downtown and fails to take into consideration the neighbourhood to the rear of the subject property. He noted the justification in the report supporting the increase in FSR is not supported by the statement that it allows for a better building design. Mr. Ryrie expressed further concerns with the parking reduction, stating in his opinion the number of units will not reduce the automobile dependency for visitors to the property. He indicated the Report refers to adequate parking facilities within the vicinity of the property, however it does not address the types of available parking, indicating in his opinion visitors parking will overflow to on -street parking. He stated the Tim Hortons that previously operated on the site hired their own security guard to enforce overflow parking on their property. He further advised in his opinion the proposed development is a large intensification that will COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -291- CITY OF KITCHENER 12. Submission No.: A 2019-123 (Cont'd) have adverse impacts on the low-rise residential neighbourhood, and to indicate the development is in compliance with the Official Plan is not an adequate reason for approval. He stated in his opinion the requested variance is not minor. Mr. D. Scattergood and Ms. S. Fulop, advised they owned the property municipally addressed as 134 Lancaster Street West and were in attendance this date in opposition to the subject application. Mr. Scattergood advised he was seeking additional information from the developer prior to making additional comments. Ms. Fulop stated she was seeking additional information on the Secondary Plan noted in the report. Ms. T. Poizner addressed the Committee in opposition to the subject application. She advised she resides on Hohner Avenue, stating she was in support of the proposed underground parking garage and pleased that the developer was intending to save the heritage home in situ. She expressed concerns with a proposed development of this scale and the impacts it may have on the social and cultural aspects of the neighbourhood. She indicated concerns with the number of residents potentially residing at the subject property and their willingness to integrate within the community. She requested greater consideration for more balconies, car -share opportunities, mixed-use spaces and common use areas be included in the development. She further requested consideration be given to a broader unit -type that may also appeal to families. Ms. Poizner stated she does not wish the units to be converted to short-term rentals and requested the Committee to ensure there was adequate parking to support the stability of the commercial spaces. Ms. A. Doran attended in opposition to the subject application. She expressed concerns with the development phase, advising a school is directly adjacent to the site, and noted possible safety issues during construction. She requested landscaping be included between the development and the adjacent properties to soften the transition between the sites/neighbourhood. She stated she was generally in support of intensification projects as long as the impacts on the neighbourhood are well planned and adequately communicated to residents. Mr. J. Peters advised he lives on Chapel Street and is a member of the Suddaby Public School community. He stated in his opinion the proposed development is not minor; it is a major change to their community. He indicated he is generally in support of intercity growth and intensification, adding in his opinion a development of this size is a dramatic change to their neighbourhood. He expressed concerns with: the lack of public engagement; whether the development conforms with the heritage district policies; safety of the children attending the adjacent school; increased traffic; lack of affordable housing; and, lack of sufficient common elements. Mr. D. Galbraith, IBI Group, acknowledged the comments from the neighbourhood, stating in his opinion the development is responsive to the applicable Planning framework for the subject property. He stated there has been a significant amount of consultation on the proposed design and the proposed development meets the four tests for a minor variance. He indicated in response to concerns related to the parking reduction, the subject property is in close proximity to major transit routes, including the ION, and a significant amount of work was undertaken to develop the proposed parking rates. He commented that the proposed parking rates are consistent with the parking rates identified within the City's Official Plan, noting the Zoning By- law is currently under a multi -staged review and has not been fully completed for the subject property, indicating the Secondary Plan is due to be reviewed by Council in the coming months. In response to concerns related to the variance for the side yard abutting a street, the corner of the building has a minor protrusion into the corner visibility triangle due to the historic 5 -point intersection. Mr. Galbraith stated it seemed as if the largest concern raised this date was related to the increased FSR from 2.33 to 2.72. He indicated the ramp for the proposed parking garage was relocated to incorporate it further under the building itself, noting the relocation of the ramp changed the height of the ground floor, which impacted the calculation of the FSR as it is now above ground. He stated the developer also intends to retain the heritage dwelling at 181 Frederick Street so the design could not be further adjusted to address the increased FSR. He further advised the design is intended to be sympathetic to the neighbourhood, indicating the building at its total height is 10 -stories which transitions to 6 -stories, with a 15m landscaped buffer between the adjacent properties and a larger separation proposed between the development and the elementary school. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19. 2019 -292- CITY OF KITCHENER ifs �1•Ti11 r•Ti10156�12iy1110015PATO iiiC Ms. J. Meader requested clarification on the following questions: what Transportation Demand Management (TDM) Measures were being considered for the proposed development; what was the residential density in comparison to the required growth plan for the subject property; were balconies being addressed; and, what housing types were being proposed for the units. Mr. Galbraith advised both indoor and outdoor cycling parking are proposed. He stated in regards to electric charging stations, he believed there were a few proposed, with the possibility of retrofitting more stations into the development in the future. He stated carsharing was mentioned in the TDM report but had not been fully vetted as of this date. He further advised the shared parking spaces between uses was another TDM measure being implemented. In regards to the Growth Plan versus residential density, he indicated the minimum target is 150 people per job/per hectare. Additionally, he advised balconies are intended to be included in the development; however, the elevations have not yet been fully approved. Finally, Mr. Galbraith advised the development is intended to have a mix of 1 and 2 bedroom units. Mr. S. Hannah questioned the permitted 2.33 FSR and when it was approved for the subject property. Mr. Galbraith advised the Zoning predated his client, stating he believed it was approved in the early 1990's. In response to further questions, he advised of the 16 -spaces proposed for the commercial use, 9 off-street spaces were intended to be located within the parking garage and would likely be intended for employee parking. Mr. Hannah questioned if the ramp was removed for the parking structure, would the development achieve a 2.33 FSR. Mr. Galbraith advised it would still result in a 10 -storey development. Mr. G. Stevenson advised the applicant has also submitted a Site Plan application, which is currently under review. He stated staff were waiting to see the outcome of the meeting this date prior to proceeding further in the review. In response to further questions, he advised the Zoning on the property was approved in the 1990's, stating the Secondary Plans in the Official Plan have not been updated and the neighbourhood will be reviewed through the Neighbourhood Planning Review work program to implement the Comprehensive Review of the Zoning By -Law (CRoZBY) and the Planning Around Rapid Transit Stations (PARTS), which is still to be completed. He stated the proposed parking reduction is in compliance with the parking rates being proposed through CRoZBY. Mr. Hannah questioned the land use planning designation for the subject property and whether additional density was being proposed for the adjacent properties. Mr. Stevenson advised it is medium density commercial residential, noting a full assessment of the Central Frederick Secondary Plan has not been fully completed. He stated staff have completed a Residential Intensification in Established Neighbourhoods Study (RIENS) which identified the measures for protecting stable neighbourhoods. In response to questions, Ms. J. von Westerholt advised prior to the Tim Hortons being constructed, the subject property was a gas station. Mr. B. McColl acknowledged the neighbours concerns, stating it was his opinion that the majority of the concerns would be addressed through the Site Plan approval process. He stated it was unfortunate that the Tim Hortons was not viable, indicating he was pleased to see the corner property being redeveloped. Mr. S. Hannah noted a small clerical error in Condition 1 of the staff recommendation, noting a letter "o" needed to be deleted before the number "1 ". He stated in his opinion he was supportive of the staff recommendation, noting the minor variance requests are more reflective of the parking requirements and Zoning being proposed through the new Zoning By-laws, specifically the parking variance is more reflective of the rates being approved; and, that the Zoning on the property is antiquated and will likely be addressed through the approvals of the Secondary Plans currently under review. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -293- CITY OF KITCHENER 12. Submission No.: A 2019-123 (Cont'd) In response to questions, Mr. Stevenson advised there would be no further public consultation on the proposed development. He indicated the property is subject to Site Plan Approval and although it is an internal process, staff were still willing to take any additional feedback from the neighbourhood in consideration as part of that process. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of 1928393 ONTARIO INC. requesting permission to construct a 10 -storey mixed -used building containing both residential and commercial suites having a side yard abutting a street of 1.9m rather than the required 3.Om for the corner "flat iron" edge of the building; a residential parking rate of 0.9 spaces/per unit and 0.1 spaces/per unit visitor parking, and to permit 11 shared visitor/commercial spaces; a non-residential parking rate of 1 space per 33 square metres, whereas the rate varies by use; and, a maximum Floor Space Ratio (FSR) of 2.72 (excluding the heritage building) rather than the maximum FSR of 2.33, on Part Lots 1-7, Plan 392, 181-197 Frederick Street and 143, 145 & 147 Lancaster Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall 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 of one (1) "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 six (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. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 13. Submission Nos.: A 2019-124 to A 2019-129 Applicant: Activa Holdings Inc. Property Location: 204, 205, 208, 209, 212 & 220 Field Sparrow Crescent Legal Description: Lots 31, 32, 39, 41, 42 & 43, Registered Plan 58M-552 Appearances: In Support: N. Thompson W. Adbelkhalik Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -294- CITY OF KITCHENER 13. Submission Nos.: A 2019-124 to A 2019-129 (Cont'd) The Committee was advised the applicant is requesting permission to construct single detached dwellings on 204, 205, 208, 209, 212 & 220 Field Sparrow Crescent, each having a driveway width of 8.65m rather than the maximum permitted width of 8m. The Committee considered Development Services Department report DSD -19-270 dated November 8, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with these applications. Ms. N. Thompson and Ms. W. Adbelkhalik were in attendance in support of the subject application and staff recommendation. Submission No.: A 2019-124 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a driveway width of 8.65m rather than the maximum permitted width of 8m, on Lot 43, Registered Plan 58M-552, 204 Field Sparrow Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried Submission No.: A 2019-125 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a driveway width of 8.65m rather than the maximum permitted width of 8m, on Lot 31, Registered Plan 58M-552, 205 Field Sparrow Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19. 2019 -295- CITY OF KITCHENER i6�*N*1_11Tr_r4M Me, iC Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried Submission No.: A 2019-126 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a driveway width of 8.65m rather than the maximum permitted width of 8m, on Lot 32, Registered Plan 58M-552, 209 Field Sparrow Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried Submission No.: A 2019-127 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a driveway width of 8.65m rather than the maximum permitted width of 8m, on Lot 42, Registered Plan 58M-552, 208 Field Sparrow Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -296- CITY OF KITCHENER 13. Submission Nos.: A 2019-124 to A 2019-129 (Cont'd) Submission No.: A 2019-128 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a driveway width of 8.65m rather than the maximum permitted width of 8m, on Lot 41, Registered Plan 58M-552, 212 Field Sparrow Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried Submission No.: A 2019-129 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a driveway with of 8.65m rather than the maximum width permitted of 8m, on Lot 39, Registered Plan 58M-552, 220 Field Sparrow Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried CONSENT APPLICATIONS 1. Submission Nos.: B 2019-066 to B 2019-071 (Amended) Applicant: JC Homes Inc. Property Location: 253 Clark Avenue Legal Description: Part Block H, Plan 812, being Part 1 on Reference Plans 58R-5768 & 58R-19076 COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -297- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) Appearances: In Support: M. Warzecha Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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 having a width on Clark Avenue of 9.2m, a depth of 38.9m and an area of 339.7 sq. m. B 2018-066 (Severed Lot 1) having a width on Clark Avenue of 9.4m, a depth of 38.9m and an area of 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 T for the purpose of maintenance and encroachments. B 2018-067 (Severed Lot 2) having a width on Siebert Avenue of 9m, a depth of 32m and an area of 287.9 sq. m. B 2018-068 (Severed Lot 3) having a width on Siebert Avenue of 9m, a depth of 32m and an area of 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 T for the purpose of maintenance and encroachments. B 2018-069 (Severed Lot 4) having a width on Siebert Avenue of 9.1m, a depth of 31.6m and an area of 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 2018-070 (Severed Lot 5) having a width on Siebert Avenue of 8.2m, a depth of 30.5m and an area of 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 2018-071 (Severed Lot 6) having a width on Siebert Avenue of 18.3m, a depth of 28.9m and an area of 325.6 sq. m. The Committee considered Development Services Department report DSD -19-254 dated November 8, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated November 6, 2019, advising they have no objection to these applications, subject to the following condition: 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. Mr. M. Warzecha was in attendance in support of the subject application and staff recommendation. The Chair requested, and it was agreed, the condition requested by the Region of Waterloo be added to the Committee's decision this date. Mr. S. Hannah requested, and it was agreed, a condition be added to the Committee's decision this date requiring the owner to apply for a demolition permit. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -298- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) Ms. J. Meader questioned if a minimum of 3 on -street parking spaces could be provided. Mr. Warzecha agreed to work with staff with regards to parking on the subject property, noting if they were unable to achieve 3 spaces he had no objection to the condition as requested. Submission No.: B 2019-066 Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of J C HOMES INC. requesting permission to sever a parcel of land identified as Severed Lot 1 on the plan submitted with the application, having a width on Clark Avenue of 9.4m, a depth of 38.9m and an area of 362.6 sq. m.; and, to grant an easement having a width of 1.5m, a depth of 38.9m and an area of 58.35 sq.m. in favour of "Retained Lot 1" for maintenance and encroachment purposes, on Part Block H, Plan 812, being Part 1 on Reference Plan 58R-5768 and Part 1 on Reference Plan 58R-19076, 253 Clark Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in 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. 3. That the owner shall apply for a demolition permit to the satisfaction of the Chief Building Official. 4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 5. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 6. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,569.34. 8. That the owner shall submit a Street Tree Planting Plan to the satisfaction of the Director of Parks and Cemeteries. 9. That the owner shall 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. 10. That the owner shall provide adequate tree protection on the street trees prior to construction, to the satisfaction of the Director of Parks and Cemeteries. 11. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -299- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) 12. That the owner shall ensure any new driveways are 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 Services. 13. That the owner shall 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. 14. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 15. That the owner shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 16. That the owner shall prepare a Tree Management Plan for the retained and all six (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. 17. That the owner shall submit an On -Street Parking Plan to the satisfaction of the Director of Transportation Services. 18. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot created. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 15, 2021. Carried COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -300- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) Submission No.: B 2019-067 Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of J C HOMES INC. requesting permission to sever a parcel of land identified as Severed Lot 2 on the plan submitted with the application, having a width on Siebert Avenue of 9m, a depth of 32m and an area of 287.9 sq.m., on Part Block H, Plan 812, being Part 1 on Reference Plan 58R-5768 and Part 1 on Reference Plan 58R-19076, 253 Clark Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in 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. 3. That the owner shall apply for a demolition permit to the satisfaction of the Chief Building Official. 4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 5. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 6. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,569.34. 8. That the owner shall submit a Street Tree Planting Plan to the satisfaction of the Director of Parks and Cemeteries. 9. That the owner shall 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. 10. That the owner shall provide adequate tree protection on the street trees prior to construction, to the satisfaction of the Director of Parks and Cemeteries. 11. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 12. That the owner shall ensure any new driveways are 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 Services. 13. That the owner shall 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. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -301- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) 14. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 15. That the owner shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 16. That the owner shall prepare a Tree Management Plan for the retained and all six (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. 17. That the owner shall submit an On -Street Parking Plan to the satisfaction of the Director of Transportation Services. 18. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot created. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 15, 2021. Carried Submission No.: B 2019-068 Moved by Mr. B. McColl Seconded by Mr. S. Hannah COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -302- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) That the application of J C HOMES INC. requesting permission to sever a parcel of land identified as Severed Lot 3 on the plan submitted with the application, having a width on Siebert Avenue of 9m, a depth of 32m and an area of 286.8 sq.m.; and, to grant an easement having a width of 1.5m, a depth of 32m and an area of 48 sq.m. in favour of "Severed Lot 2" for maintenance and encroachment purposes, as well as an easement in the rear yard having a width of 1.5m in favour of "Severed Lot 1" for maintenance and encroachment purposes, on Part Block H, Plan 812, being Part 1 on Reference Plan 58R-5768 and Part 1 on Reference Plan 58R-19076, 253 Clark Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in 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. 3. That the owner shall apply for a demolition permit to the satisfaction of the Chief Building Official. 4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 5. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 6. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,569.34. 8. That the owner shall submit a Street Tree Planting Plan to the satisfaction of the Director of Parks and Cemeteries. 9. That the owner shall 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. 10. That the owner shall provide adequate tree protection on the street trees prior to construction, to the satisfaction of the Director of Parks and Cemeteries. 11. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 12. That the owner shall ensure any new driveways are 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 Services. 13. That the owner shall 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. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -303- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) 14. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 15. That the owner shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 16. That the owner shall prepare a Tree Management Plan for the retained and all six (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. 17. That the owner shall submit an On -Street Parking Plan to the satisfaction of the Director of Transportation Services. 18. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot created. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 15, 2021. Carried Submission No.: B 2019-069 Moved by Mr. B. McColl Seconded by Mr. S. Hannah COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -304- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) That the application of J C HOMES INC. requesting permission to sever a parcel of land identified as Severed Lot 4 on the plan submitted with the application, having a width on Siebert Avenue of 9.1 m, a depth of 31.6m and an area of 280.2 sq.m.; and, to grant an easement having a width of 1.5m, a depth of 31.6 and an area of 47.4 sq.m. in favour of "Severed Lot 3" for maintenance and encroachment purposes, as well as an easement in the rear yard having a width of 1.5m in favour of "Severed Lot 1" for maintenance and encroachment purposes, on Part Block H, Plan 812, being Part 1 on Reference Plan 58R-5768 and Part 1 on Reference Plan 58R-19076, 253 Clark Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in 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. 3. That the owner shall apply for a demolition permit to the satisfaction of the Chief Building Official. 4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 5. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 6. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,569.34. 8. That the owner shall submit a Street Tree Planting Plan to the satisfaction of the Director of Parks and Cemeteries. 9. That the owner shall 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. 10. That the owner shall provide adequate tree protection on the street trees prior to construction, to the satisfaction of the Director of Parks and Cemeteries. 11. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 12. That the owner shall ensure any new driveways are 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 Services. 13. That the owner shall 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. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -305- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) 14. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 15. That the owner shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 16. That the owner shall prepare a Tree Management Plan for the retained and all six (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. 17. That the owner shall submit an On -Street Parking Plan to the satisfaction of the Director of Transportation Services. 18. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot created. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 15, 2021. Carried Submission No.: B 2019-070 Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of J C HOMES INC. requesting permission to sever a parcel of land identified as Severed Lot 5 on the plan submitted with the application, having a width on Siebert Avenue of 8.2m, a depth of 30.5m and an area of 238.7 sq. m.; and, to grant an easement having a width of 1.5m, a depth of 30.5m and an area of 45.75 sq.m. in favour of "Severed Lot 4" for maintenance and encroachment purposes, on Part Block H, Plan 812, being Part 1 on Reference Plan 58R-5768 and Part 1 on Reference Plan 58R-19076, 253 Clark Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -306- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in 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. 3. That the owner shall apply for a demolition permit to the satisfaction of the Chief Building Official. 4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 5. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 6. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,569.34. 8. That the owner shall submit a Street Tree Planting Plan to the satisfaction of the Director of Parks and Cemeteries. 9. That the owner shall 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. 10. That the owner shall provide adequate tree protection on the street trees prior to construction, to the satisfaction of the Director of Parks and Cemeteries. 11. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 12. That the owner shall ensure any new driveways are 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 Services. 13. That the owner shall 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. 14. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -307- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) 15. That the owner shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 16. That the owner shall prepare a Tree Management Plan for the retained and all six (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. 17. That the owner shall submit an On -Street Parking Plan to the satisfaction of the Director of Transportation Services. 18. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot created. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 15, 2021. Carried Submission No.: B 2019-071 Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of J C HOMES INC. requesting permission to sever a parcel of land identified as Severed Lot 6 on the plan submitted with the application, having a width on Siebert Avenue of 18.3m, a depth of 28.9m and an area of 325.6 sq. m., on Part Block H, Plan 812, being Part 1 on Reference Plan 58R-5768 and Part 1 on Reference Plan 58R-19076, 253 Clark Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -308- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) 2. 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. 3. That the owner shall apply for a demolition permit to the satisfaction of the Chief Building Official. 4. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 5. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 6. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,569.34. 8. That the owner shall submit a Street Tree Planting Plan to the satisfaction of the Director of Parks and Cemeteries. 9. That the owner shall 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. 10. That the owner shall provide adequate tree protection on the street trees prior to construction, to the satisfaction of the Director of Parks and Cemeteries. 11. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 12. That the owner shall ensure any new driveways are 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 Services. 13. That the owner shall 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. 14. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 15. That the owner shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -309- CITY OF KITCHENER 1. Submission Nos.: B 2019-066 to B 2019-071 (Cont'd) 16. That the owner shall prepare a Tree Management Plan for the retained and all six (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. 17. That the owner shall submit an On -Street Parking Plan to the satisfaction of the Director of Transportation Services. 18. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot created. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 15, 2021. Carried COMBINED APPLICATIONS: 1. Submission No.: B 2019-072 Applicant: Hureng Developments Limited Property Location: 85 McIntyre Drive Legal Description: Part Lot 14, Plan 1471 - and - Submission No.: A 2019-130 Applicant: Hureng Developments Limited Property Location: Vacant Land Adjacent to 85 McIntyre Drive Legal Description: Part 1 on Reference Plan 58R-10560 Appearances: In Support: D. Harsch Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -310- CITY OF KITCHENER 1. Submission Nos.: B 2019-072 & A 2019-130 (Cont'd) The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-271 dated November 8, 2019, recommending approval of these applications, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated November 6, 2019, advising they have no objection to application B 2019-072. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2019, advising they have no concerns with application A 2019-130. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated November 8, 2019, advising although they have no objections to these applications, they noted the subject lands contain the regulated allowance adjacent to a watercourse and floodplain. They noted due to the presence of the above -noted features, any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. Mr. D. Harsch was in attendance in support of the subject applications and staff recommendations. The Chair requested, and it was agreed, a condition be added to the Committee's decision this date regarding the GRCA's comments. Submission No.: B 2019-072 Moved by Mr. S. Hannah Seconded by Ms. J. Meader That the application of HURENG DEVELOPMENTS LTD. requesting 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, on Part Lot 14, Plan 1471, 85 McIntyre Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in 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. 3. That Minor Variance Application A 2019-130 shall receive full and final approval. 4. That the owner shall ensure the lands to be severed shall be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -311- CITY OF KITCHENER 1. Submission Nos.: B 2019-072 & A 2019-130 (Cont'd) 5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the permit review fee. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 19, 2021. Carried Submission No.: A 2019-130 Moved by Mr. S. Hannah Seconded by Ms. J. Meader That the application of HURENG DEVELOPMENTS LTD. requesting permission to allow a rear yard setback of 1.2m rather than the required 7.5m, on Part Lot 14, Plan 1471, being Part 1 on Reference Plan 58R-10560 (Vacant Land adjacent to 85 McIntyre Drive), Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That Minor Variance application A 2019-130 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. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 19, 2019 -312- CITY OF KITCHENER Submission Nos.: B 2019-072 & A 2019-130 (Cont'd) Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried ADJOURNMENT On motion, the meeting adjourned at 11:42 a.m. Dated at the City of Kitchener this 19th day of November, 2019. Dianna Saunderson Secretary -Treasurer Committee of Adjustment