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
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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
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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