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HomeMy WebLinkAboutCA - 2019-12-10COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 10, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:00 a.m. Present: Mr. B. McColl - Vice -Chair Mr. S. Hannah Mr. M. Kidd Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Mr. R. Kelly-Ruetz, Planner Mr. E. Schneider, Planner Ms. D. Saunderson, Secretary -Treasurer Ms. S. Delaney, Committee Administrator MINUTES Moved by Mr. M. Kidd Seconded by Mr. S. Hannah That the regular minutes of the Committee of Adjustment meeting held November 19, 2019, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE APPLICATION: Submission No.: A 2019-103 Applicant: Trez MR Holdings (Ontario Ltd) Property Location: 581 Strasburg Road Legal Description: Block N, Plan 1335 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 2 -storey addition on an existing 3 -storey multi -residential dwelling, increasing the units from 21 to a total of 35 residential units having 35 off-street parking spaces (1.03 spaces/per unit) rather than the required 62 off-street parking spaces (1.75 spaces/per unit). The Committee considered Development Services Department report DSD -19-218 dated September 10, 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 August 28, 2019, advising they have no concerns with this application. As per a deferral request received by the applicant, it was suggested, and agreed, that the subject application be deferred to the January 21, 2020 meeting to allow additional time for the applicant to receive Site Plan Approval in Principle and address concerns related to the construction phase. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 12, 2019 -313- CITY OF KITCHENER Submission No.: A 2019-103 (Cont'd) That the application of TREZ MR HOLDINGS (ONTARIO LTD) requesting permission to construct a 2 -storey addition on an existing 3 -storey multi -residential dwelling, increasing the units from 21 to a total of 35 residential units having 35 off-street parking spaces (1.03 spaces/per unit) rather than the required 62 off-street parking spaces (1.75 spaces/per unit), on Block N, Plan 1335, 581 Strasburg Road, Kitchener, Ontario, BE DEFERRED to the January 21, 2020 Committee of Adjustment meeting to allow the applicant additional time to receive Site Plan Approval in Principle and address concerns related to the construction phase. Carried CONSENT APPLICATION: Submission No.: B 2019-019 Applicant: Alphabet Overland Self Storage Inc. Property Location: 49 Overland Drive Legal Description: Lot 12 and Part Lots 9, 11 & 16, Plan 791, being Parts 3 & 4 on Reference Plan 58R-1275 Appearances: In Support: D. Aston Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land being irregular in shape having an approximate width on Overland Drive of 114m, an approximate depth of 85m and an area of 9,400 sq. m.; permission is also being requested to grant an irregular-shaped easement as outlined on the plan submitted with the subject application over the retained land in favour of the severed land for stormwater management. The retained land will have an approximate width on Overland Drive of 158m, an approximate depth of 139m and an area of 28,735 sq.m. A Self Storage/Warehouse use is proposed forthe severed lot and a Contractor Yard and Stormwater Management Facility is proposed for the retained land. The Committee considered Development Services Department report DSD -19-280 dated December 2, 2019, recommending pproval 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 May 14, 2019, advising they have no objection to this application, subject to the following condition: That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated December 2, 2019, noting a portion of the subject property is within the Riverine Flooding Hazard (floodplain) of Schneider Creek and its associated 5m regulated allowance. The GRCA advised they have no objection to this application subject to the following condition: The owner register on title wording that identifies the flooding and safe access hazards on the vacant lot and that the landowner is responsible for maintaining an emergency response plan for flood hazards on this site. The wording of this clause will be to the satisfaction of the City of Kitchener and Grand River Conservation Authority (GRCA). Mr. D. Aston was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 12, 2019 -314- CITY OF KITCHENER 1. Submission No.: B 2019-019 (Cont'd) The Chair noted the Comments from the Region of Waterloo and GRCA and requested they be included as part of the Committee's decision this date. It was noted parkland dedication was paid through a previous Site Plan application; as such, it was not being imposed through the subject application. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of ALPHABET OVERLAND SELF STORAGE INC. requesting permission to sever a parcel of land being irregular in shape having an approximate width on Overland Drive of 114m, an approximate depth of 85m and an area of 9,400 sq.m.; permission is also being requested to grant an irregular-shaped easement as outlined on the plan submitted with the subject application over the retained land in favour of the severed land for stormwater management, on Lot 12 and Part Lots 9, 11 & 16, Plan 791, being Parts 3 & 4 on Reference Plan 58R-1275, 49 Overland 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(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in 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 submit a site plan application to amend the approved site plan for the severed lands (SP18/038/0/LT) to the satisfaction of the City's Manager of Site Development and Customer Service. 4. That the owner shall submit and obtain approval of revised Grading, Servicing, and Stormwater Management plans for the severed lands to the satisfaction of the Director of Engineering Services. 5. 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. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall extend the sanitary sewer in order to achieve a positive outlet for the retained lands at the owner's sole expense to the satisfaction of the Director of Engineering Services. 8. That the owner shall ensure the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor: a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and further, a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 12, 2019 -315- CITY OF KITCHENER 1. Submission No.: B 2019-019 (Cont'd) 9. That the owner shall obtain a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof be provided to the City Solicitor. 10. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 11. That the owner shall register a warning clause on title that identifies the flooding and safe access hazards on the severed lot to the satisfaction of the City of Kitchener, in consultation with the Grand River Conservation Authority (GRCA). 12. That the owner shall create and maintain an emergency response plan for flood hazards on the site to the satisfaction of the City of Kitchener, in consultation with the Grand River Conservation Authority (GRCA). 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 December 10, 2021. Carried NEW BUSINESS: MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2019-131 Applicant: Bryan Webb Property Location: 54 West Avenue Legal Description: Subdivision of Lot 17 & Part Lot 27, German Company Tract Appearances: In Support: M. Buckley Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert a single detached dwelling into a triplex having a front yard setback of 1.51 m rather than the required 4.5m; a southerly side yard setback of 0.52m rather than the required 1.2m; a lot width of 12.3m rather than the required 15.0m; and, for the maximum size of an addition to allow a 98% expansion rather than the maximum permitted 25% expansion. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 12. 2019 -316- CITY OF KITCHENER i��1•Ti11 r•Ti10[a/_VZiy&*b91ff[4Z01iiir The Committee considered Development Services Department report DSD -19-276 dated December 2, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 18, 2019, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated December 2, 2019, advising although they have no objection to this application, they noted a portion of the subject property is located within the flood fringe portion of the floodplain and the allowance adjacent to the floodplain. They further advised due to the presence of the above -noted features, the proposed development and any future development within the regulated area on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. Mr. M. Buckley was in attendance in support of the subject application and staff recommendation. In response to questions, he advised the measurements outlined in the subject application were based on a property survey. Questions were raised regarding a tree located at the rear of the subject property and whether a tree preservation condition should be included in the Committee's decision this date. Ms. J. von Westerholt advised tree preservation had already been addressed through the Site Plan Approval process. Moved by Mr. M. Kidd Seconded by Mr. S. Hannah That the application of BRYAN WEBB requesting permission to convert as existing single detached dwelling into a triplex having a front yard setback of 1.51m rather than the required 4.5m; a southerly side yard setback of 0.52m rather than the required 1.2m; a lot width of 12.3m rather than the required 15.0m; and, for the maximum size of an addition to allow a 98% expansion rather than the maximum permitted 25% expansion, on Subdivision of Lot 17 & Part Lot 27, German Company Tract, 54 West Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 2. Submission No.: A 2019-132 Applicant: Crescent Haven Homes Inc. Property Location: 900 Chapel Hill Court Legal Description: Lot 2, Registered Plan 58M-630 Appearances: In Support: L. Vacondio Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 12, 2019 -317- CITY OF KITCHENER 2. Submission No.: A 2019-132 (Cont'd) The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a rear yard setback of 6.25m rather than the required 7.5m. The Committee considered Development Services Department report DSD -19-277 dated November 29, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 18, 2019, advising they have no concerns with this application. Ms. L. Vacondio was in attendance in support of the subject application and staff recommendation. In response to questions, she advised a stormwater management facility is proposed to be located at the rear of the subject property. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of CRESCENT HAVEN HOMES INC. requesting permission to construct a single detached dwelling having a rear yard setback of 6.25m rather than the required 7.5m, on Lot 2, Registered Plan 58M-630, 900 Chapel Hill Court, 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 3. Submission No.: A 2019-133 Applicant: Crescent Haven Homes Inc. Property Location: 908 Chapel Hill Court Legal Description: Lot 4, Registered Plan 58M-630 Appearances: In Support: L. Vacondio Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a rear yard setback of 6.1 m rather than the required 7.5m. The Committee considered Development Services Department report DSD -19-278 dated November 29, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 18, 2019, advising they have no concerns with this application. Ms. L. Vacondio was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 12, 2019 -318- CITY OF KITCHENER 3. Submission No.: A 2019-133 (Cont'd) Moved by Mr. M. Kidd Seconded by Mr. S. Hannah That the application of CRESCENT HAVEN HOMES INC requesting permission to construct a single detached dwelling having a rear yard setback of 6.1 m rather than the required 7.5m, on Lot 4, Registered Plan 58M-630, 908 Chapel Hill Court, 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 4. Submission No.: A 2019-134 Applicants: Yogesh Kumar and Shubhangi Dhuri Property Location: 338 Woodbine Avenue Legal Description: Lot 38, Registered Plan 58M-646 Appearances: In Support: K. Cramer Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a single detached dwelling having a driveway located 8.2m from the intersection of Woodbine Avenue and Sorrento Street rather than the required setback of 9m. The Committee considered Development Services Department report DSD -19-279 dated November 27, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 18, 2019, advising they have no concerns with this application. Ms. K. Cramer was in attendance in support of the subject application and staff recommendation. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of ACTIVA CONSTRUCTION INC. requesting permission to construct a single detached dwelling having a driveway located 8.2m from the intersection of Woodbine Avenue and Sorrento Street rather than the required setback of 9m, on Lot 38, Registered Plan 58M-646, 338 Woodbine Avenue, 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. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 12, 2019 -319- CITY OF KITCHENER Submission No.: A 2019-134 (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 CONSENT APPLICATIONS Submission No.: B 2019-073 Applicant: James Kuntz and Laura Detzler Property Location: 56 Roos Street Legal Description: Part of Biehns Unnumbered Tract, being Part 2 on Reference Plan 58R-19138 and Part 1 on Reference Plan 58R-20481 Appearances: In Support: R. Demmers Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 13.7m, a depth of 58.9m and an area of 823 sq. m. The retained land will have a width of 13.7m, a depth of 55.8m and an area of 804 sq.m. Both lots are intended for residential use. The Committee considered Development Services Department report DSD -19-281 dated December 1, 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 29, 2019, advising they have no objection to this application, subject to the following condition: 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. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated November 28, 2019, advising although they have no objection to this application, they noted the subject lands contain valley slopes and erosion hazards associated with the Grand River. They noted the subject lands are also within the regulated allowance adjacent to the slope hazards and a wetland. They further advised due to the presence of the above -noted features, development of the severed parcel and any future development within the regulated area on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. Ms. R. Demmers was in attendance in support of the subject application and staff recommendation. In response to questions, she advised the applicants have a reference plan for 56 Roos Street which does not include the location of the existing dwelling. Mr. S. Hannah questioned whether an additional condition could be included in the Committee's decision this date requiring the applicant to provide a building survey drawing to ensure the northerly side yard setback for the existing dwelling is in compliance with the Zoning By-law. Ms. Demmers advised she would have no objection with the inclusion of the proposed condition. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 12, 2019 -320- CITY OF KITCHENER 1. Submission No.: B 2019-073 (Cont'd) In response to questions, Ms. J. von Westerholt advised the subject application was circulated to the City's Parks Operations Division and no parkland dedication was being requested this date. She noted it was likely that requirement was addressed through a previous application. The Chair noted the Comments from the GRCA and requested a condition be included in the Committee's decision this date to require the applicant to make satisfactory financial arrangements for their plan review fee. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of JAMES KUNTZ and LAURA DETZLER requesting permission to sever a parcel of land having a width of 13.7m, a depth of 58.9m and an area of 823 sq. m., on Part of Biehns Unnumbered Tract, being Part 2 on Reference Plan 58R-19138 and Part 1 on Reference Plan 58R-20481, 56 Roos Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify 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 provide a building survey for 56 Roos Street to confirm the northerly side yard setback is in compliance with the Zoning By-law to the satisfaction of the Director of Planning. 4. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: i. That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning, in consultation with the Region of Waterloo, and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. ii. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the severed lands. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for a future sidewalk along the severed frontage (11.70) of the severed portion, calculated at 122 sq.m. (2019 rate). COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 12, 2019 -321- CITY OF KITCHENER 1. Submission No.: B 2019-073 (Cont'd) 7. That the owner shall make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the owner shall provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. 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. 10. That the owner shall provide Engineering Services with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required 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. 11. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 12. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the Plan 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 December 10, 2021. Carried 2. Submission Nos.: B 2019-074 & B 2019-075 Applicant: Gatekey Aggregates Inc. Property Location: 32 Forwell Road Legal Description: Part Lot 121, German Company Tract Appearances: In Support: None Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 12. 2019 -322- CITY OF KITCHENER �1•Ti11 CTi1�C•>` ■Y►�iZ�aifLlE ►�iy�aif�iNZ.TiiIre The Committee was advised the applicants are requesting permission to sever two parcels of land located in the northerly rear yard, Parcel 1 having a width of 128m, a depth of 126m and an area of 1.20ha to be conveyed as a lot addition to the adjacent property municipally addressed as 80- 88 Centennial Road; and, Parcel 2 having a width of 84m, a depth of 163m and an area of 1.33ha to be conveyed as a lot addition to the adjacent property municipally addressed as 36 Centennial Road. The Committee considered Development Services Department report DSD -19-282 dated December 2, 2019, recommending deferral of these applications until the March 17, 2020 meeting to allow the applicant time for further dialogue with staff. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated November 29, 2019, recommending deferral of these applications to allow Regional staff to review any associated environmental documents to determine whether a Record of Site Condition is warranted to assess potential contamination issues on the subject lands. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated December 28, 2019, recommending deferral of these applications to allow the applicant time to provide additional information. Submission Nos.: B 2019-074 and B 2019-075 Moved by Mr. M. Kidd Seconded by Mr. S. Hannah That the application of GATEKEY AGGREGATES INC. requesting permission to sever a parcel of land located in the northerly rear yard identified as Parcel 1 on the plan submitted with the application having a width of 128m, a depth of 126m and an area of 1.20ha to be conveyed as a lot addition to the adjacent property municipally addressed as 80-88 Centennial Road; and, permission to sever a parcel of land located in the northerly rear yard identified as Parcel 2 on the plan submitted with the application having a width of 84m, a depth of 163m and an area of 1.33ha to be conveyed as a lot addition to the adjacent property municipally addressed as 36 Centennial Road, on Part Lot 121, German Company Tract, 32 Forwell Road, Kitchener, Ontario, BE DEFERRED to the March 17, 2020 Committee of Adjustment meeting, with the opportunity to reschedule to an earlier date to allow time for further discussion of the proposed development. Carried COMBINED APPLICATIONS: 1. Submission Nos.: B 2019-076 & A 2019-135 Applicant: Golden Windows Limited Property Location: 295 Arnold Street/888 Guelph Street Legal Description: Lots 1-6, Plan 174 and Subdivision of Lot 58, Lots 5 & 6 and Part Lot 4, German Company Tract Appearances: In Support: P. Chauvin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land municipally addressed as 295 Arnold Street having a width on Arnold Street of 99.85m, a depth of 88.49m and an area of 8,461 sq. m. The retained land is irregular in shape having a width on Maple Avenue of 157.17m, a width on Guelph Street of 8.28 and an approximate area of 2.84 hectares, municipally addressed as 888 Guelph Street. The properties were merged on title and are being COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 12, 2019 -323- CITY OF KITCHENER 1. Submission Nos.: B 2019-076 & A 2019-135 (Cont'd) reinstated as separate parcels. Permission is also being requested for minor variances on the retained land to have a northerly side yard setback of 3.64m abutting a residential zone rather than the required 14m, as the building wall contains a door and a window; and, a side yard setback of 1.73m abutting Maple Avenue rather than the required 6m setback. The Committee considered Development Services Department report DSD -19-283 dated November 29, 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 29, 2019, advising they have no objection to application B 2019-076, 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 18, 2019, advising they have no concerns with application A 2019-135. The Chair noted the comments from the Region of Waterloo and requested their Condition be included in the Committee's decision this date. Mr. P. Chauvin was in attendance in support of the subject applications and staff recommendations. Submission No.: B 2019-076 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of GOLDEN WINDOWS LIMITED requesting permission to sever a parcel of land municipally addressed as 295 Arnold Street having a width on Arnold Street of 99.85m, a depth of 88.49m and an area of 8,461 sq.m., on Lots 1-6, Plan 174 and Subdivision of Lot 58, Lots 5 & 6 and Part Lot 4, German Company Tract, 295 Arnold Street/888 Guelph Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify 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 2019-135 receive final approval. 4. That the owner shall make financial arrangements to the satisfaction of the Director of Engineering Services for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall make satisfactory arrangements with the Director of Engineering Services for payment towards future sidewalk installation along the frontage for the severed portion. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 12, 2019 -324- CITY OF KITCHENER 1. Submission Nos.: B 2019-076 & A 2019-135 (Cont'd) 7. 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. 8. 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. 9. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 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 December 10, 2021. Carried Submission No.: A 2019-135 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of GOLDEN WINDOWS LIMITED requesting permission to have a northerly side yard setback of 3.64m abutting a residential zone rather than the required 14m; and, a side yard setback of 1.73m abutting Maple Avenue rather than the required 6m setback, on Lots 1- 6, Plan 174 and Subdivision of Lot 58, Lots 5 & 6 and Part Lot 4, German Company Tract, 888 Guelph Street, 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 DECEMBER 12, 2019 -325- CITY OF KITCHENER Submission Nos.: B 2019-076 & A 2019-135 (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 10:21 a.m. Dated at the City of Kitchener this 10th day of December, 2019. Dianna Saunderson Secretary- Treasurer Committee of Adjustment