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Home My WebLink AboutCA Agenda - 2021-09-21THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 �I T t FEN R Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2203 As amended and Ontario Regulations 197/96 and 200/96, as amended. CofA@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY September 21, 2021, commencing at 10:00 a.m. as an electronic meeting for the purpose of hearing the following applications for Minor Variance and/or Consent. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. Please note this electronic meeting is a public meeting and will be recorded. PLEASE NOTE: Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is only open for select services. Members of the public are invited to watch in this meeting electronically by accessing the meeting live -stream video at www. kitchener.ca/watchnow. Information on how you can participate or submit written comments for any matter on this agenda are provided below. HOW TO PARTICIPATE: ➢ All applications must be represented by an applicant or agent to be considered by the Committee. Please follow the registration information as listed below to confirm the most up-to-date contact information_ As in-person meetings are not an option at this time, you can view or participate in a meeting as follows: • To participate you can register no later than 4:00 p.m. on Monday September 20, 2021. To register please email CofAa-kitchener.ca or via phone at 519-741-2203. When registering you must provide your full contact name including mailing address, email address, phone number and application you would like to comment on. Once you are registered you will receive an email including information on how to connect to the Zoom meeting (i.e. weblink of conference call number). • You can provide a written submission no later than 8:30 a.m. Tuesday September 21, 2021, which would be circulated to the Committee for consideration. All written submissions MUST include your full name, mailing address, phone number and email address if possible. Failure to include your contact information will prevent it from being circulated to the Committee. If you are unsure whether you would like to speak but would rather listen and watch the meeting with the option to comment on a particular application, please register with the Secretary -Treasurer (information provided above). You will not be required to speak if you choose not to. Copies of written submissions and public agencies' comments are available on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2021-084 (Amended) - 210 Tartan Avenue Permission to construct a 45 -unit multi -residential townhouse development containing 3 3 -storey townhouses having a parking rate of 1.18 off-street parking spaces/per unit (53 spaces) rather than the required 1.25 off- street parking spaces/per unit (57 spaces); and, to have maximum side yards abutting Reistwood Drive and Beckview Drive of 6m rather than the required maximum 4.5m. A 2021-092 - 21 Nine Pines Road Permission to re -construct a deck and walkway in the southerly side yard of a single detached dwelling having a side yard setback of O.Om rather than the required 1.2m. A 2021-093 - 1248 Ottawa Street South Permission to convert a semi-detached dwelling into a duplex having a driveway width of 5.8m rather than the maximum permitted 5.2m; having the required off-street parking space located 1.8m from the property line rather than the required 6m; and, to allow two pedestrian entrances to remain on the street line fagade whereas the By-law only permits 1 entrance for a semi-detached dwelling. A 2021-094 - 50 Valleybrook Drive Permission to construct a single detached dwelling having a westerly side yard setback of 1.25m rather than the required 1.5m. A 2021-095 - 1791 Glasgow Street Permission to construct an accessory building (garage) in the northerly side yard of an existing single detached dwelling having a maximum building height of 7.4m from grade to ridge rather than the permitted maximum height of 5.5m; and, a maximum height to the underside of the facia of 5.6m rather than the permitted maximum height of 3m. Page 1 of 2 A 2021-096 - 61 Warren Road Permission to convert a single detached dwelling into a duplex having the required off-street parking space located 2.4m from the property line rather than the required 6m. A 2021-097 - 17-19 Peter Street Permission to construct a 3.5 -storey 10 -unit multi -residential townhouse development having a parking rate of 1 off-street parking spaces/per unit (10 spaces) rather than the required 1.25 off-street parking spaces/per unit (13 spaces). A 2021-098 - 16-20 Queen Street North Permission to construct a 34 -storey mixed -used building with 236 dwelling units and a ground floor community amenity area having a minimum yard abutting Goudies Lane of O.Om rather than the required 1 m setback; a minimum fagade openings of 20% with no maximum horizontal distance for display windows or entrances, rather than the required 50% fagade openings with a maximum of 4m horizontal distance; zero off-street parking spaces for the residential parking, rather than the required 1 off-street parking spaces/per unit (184 spaces); and, zero off-street parking spaces for the community amenity area, rather than the required 1 off-street parking spaces/per 23 sq.m. (11 spaces). A 2021-099 - 111 Gay Crescent Permission to construct an accessory building (shed) in the rear yard of an existing single detached dwelling with the accessory building having a proposed maximum height to the underside of the facia of 4.5m rather than the permitted maximum of 3m. A 2021-100 - 932 Eaglecrest Court Permission to legalize a single detached dwelling under construction having a rear yard setback of 7.31m rather than the required 7.5m; and, driveway width of 6.5m rather than the maximum permitted 5.86m; and, garage width 56% rather than the maximum permitted 50% of lot width. A 2021-101 - 20 Pearson Street & 160 Bullock Street Permission to construct an industrial building having stairs exceeding 0.6m in height to be located 1.8m from the property line abutting Bullock Street rather than the required 3m. A 2021-102 - 695 Block Line Road Permission to construct a 3 -storey addition on an existing 5 -storey institutional building having a building height greater than 14m without the required minimum street line stepback of 3m. A 2021-103 to 104 - 331 & 341 Hesh Crescent Permission to add the use "Bulk Fuel and Oil Storage Establishment" to the subject lands to allow for the construction of a wholesale compressed gases establishment. B 2021-043 - 303 Park Street Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.6m, a depth of 45.9m and an area of 344.6 sq.m. The retained land will have a width of 7.6m, a depth of 42.3m and an area of 329.3 sq.m. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2203). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the online Council and Committee calendar; see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Ontario Land Tribunal (OLT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to CofA(a)kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 3rd day of September 2021. Sarah Goldrup Acting Secretary -Treasurer, Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON SEPTEMBER 3, 2021. Page 2 of 2 Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: September 21, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman Brian, Senior Planner, 519-741-2200 Ext. 7869 PREPARED BY: Thompson Lisa, Planning Technician, 519-741-2200 Ext. 7847 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: August 30, 2021 REPORT NO.: DSD -21-176 SUBJECT: Minor Variance Application A2021-084 (AMENDED) 210 Tartan Avenue Owner - 2506781 Ontario Inc. Applicant - Charlotte Balluch RECOMMENDATION: That application A2021-084 (AMENDED) requesting relief from By-law 85-1 Appendix D, Regulation 502R e) to provide parking for a 45 -unit multiple dwelling at the rate of 1.18 spaces per unit, rather than the required 1.25 spaces per unit, and 502R b) to provide a maximum side yard abutting a street of 6.0 metres, rather than the maximum of 4.5 metres be approved subject to the following conditions: The owner shall receive final approval of site plan application SP18/115/H/KA for a 51 -unit multiple dwelling. REPORT HIGHLIGHTS: This application was deferred from the August 2021 Committee of Adjustment meeting as the required side yard variance was missed. The application has now been amended to include the additional variance for the side yard setback and has been re -advertised in accordance with the legislated requirements. The applicant is requesting the following variances from By-law 85-1: 1. Appendix D, Regulation 502R e) to provide parking for a 45 -unit multiple dwelling at the rate of 1.18 spaces per unit, rather than the required 1.25 spaces per unit; and 2. Appendix D, Regulation 502R b) to provide a maximum side yard abutting a street of 6.0 metres, rather than the permitted maximum of 4.5 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The subject property is zoned Residential Eight (R-8) with Special Regulation 502R in Zoning By- law 85-1. The property is presently vacant; however, the owner has recently received Approval in Principle of a site plan application for a new 45 -unit multiple dwelling. The subject property is one of four properties in the Wallaceton Subdivision which frame the new neighbourhood park. 70� __J 210 Tartan 5. 200 Tartan L � -, Neighbourhood Neighbourhood ' ..,. Park I Park 623 Bec7ew 20 John Wallace Location Context Map SITE STATISTICS NIULTI-RESIDEN-IA` rWA{CEMA 7.44 -11W*'M INI WAe 4,MUA,r' l' FilpebCd lk Pd $7ae5.i15W[C.i E aAF16W swonP9a W"r"- ` WPWN^.VEEt 9167jy :AM1aRPG •1,7®,9 m'fd2,1%j i15iad Pn6iryl 'rQr '� Lxtlscapetl A>a .9X93 m�{31.7'7si Rmr�¢r�4tlh•S5 E$ A9MA!KLMSu!51AAML .1,ed3.9W"AIWJ Cmari5 _41 J145 3rra+l; R'Mt'VelmctA�[d6�hY.�Itm ® rineww�e alra+ss lwael e. Rlwaowr, STcci 9w vuu NOTE; ALL 43F WILT ARMS TO 2E Pg91 Pq IIPCPW -jW 5W 14Ml-MK,, M� IFS W IM I1MM HIGH PDU4b 0.1a 6A.M 1"5 LN h -1. 10 - 53 Towsm CWNY JSCURPI9G ,PF:#%.1 F rgRM1K. P. CI1MLIL57@1} WfeY FAI.GA AL FAFXNG LOT AKASAW CRM1E N4kN P iEwl. EU` Spades Ate, F$'SPAlj W T 7AD FROW +§e�h� 2r pEhhP RAahed 7So— SITE, of b cT?ailh4I95C+E�i Typ# 0:2 aaw- 01t,PekingF—klh -V S:-, ChnA:31SP9 ' C1-5,63p— RApq Spas Mriw,n. anirq'x6- 2.5n. `..iM s Aa AL o — — — — oy I I +M'XM��1l:iM^ I I I !i I I I I IMYIfIF%+ilM I I I j ! 1 !! •, 11 I I MI .- I MpMMII I I I In -- — — — T A P T — — — — — — — A N A V E N U E —'— — — -- —AH—1Po WE PLAN APPLICATION SPIV11c 511CH PLAN ® n 6 in ,6X RCT 6L ?-- Pr TdMYfiA iPdF1WLr4v OTS8HAITG NR e,,raa i TT# i1H . WATEMID 2D6781 oNTarIIc, City Of Kitchener DEVELcH-NT SERVICES3EF&R1M5r, CA➢FIL=' sP1 ei 16rhu1��nv 210 TA9TAN AVE. DATE: DOMO K Site Plan - Approved in Principle REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a lower -density neighbourhood. The requested variances will support and continue to maintain the low-density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The variances requested for a reduction to resident parking and the increased side yard setback all meet the general intent of the Zoning By-law. The maximum setback regulations in the by-law are intended to provide a consistent built form street wall to frame streets in the neighbourhood with a consistent setback that provides some landscaping. The resulting side yard setback of 6.0 metres for the multiple will allow additional greenspace on the property. This property is one of four blocks that frame the new neighbourhood park in the Wallaceton Subdivision. To keep a consistent street wall for the buildings, this property has a slightly larger side yard setback than the blocks on the south side of the park as it is a larger parcel of land. The reduction in resident parking will still provide an adequate number of spaces on site for residents and visitors. Through site plan review, staff and the applicant worked to a design solution that included Class A and B bicycle parking spaces consistent with Zoning Bylaw 2019- 51. Transportation staff has no concern with the parking reductions subject to the provision of bicycle parking spaces as provided on the site plan which is approved in principle. Is the Variance Minor? In the opinion of staff, the requested variances are minor. The increased side yard setback will allow additional green space to be provided on site and provide a consistent street wall along Tartan Avenue, mirroring the other three blocks that surround the neighbourhood park. The parking reduction is in keeping with the parking regulations in the City's new Zoning By-law 2019-051, which will apply to all properties in the city in the near future. In all other aspects, the proposed multiple dwelling development meets the zoning regulations. Is the Variance Appropriate? In the opinion of staff, the requested variances are appropriate and maintain the orderly development of the subject lands within the subdivision. City Planning staff conducted a site inspection of the property on August 30, 2021 Building Comments: No Building concerns. Transportation Comments: The proposed parking rate of 1 parking space per unit and a minimum 15% visitor parking, each follow the intent of the future zoning by-law. Therefore, Transportation Services can support the proposed parking reduction being sought. Heritage Comments: No Heritage concerns. Engineering Comments: No Engineering concerns. Environmental Planning Comments: No Environmental concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: A Site Plan application has been filed for this property and has received Approval in Principle. N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: September 21, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: September 10, 2021 REPORT NO.: DSD -2021-182 SUBJECT: Minor Variance Application 21 Nine Pines Road Owner — Henri Jacquot & Sharon Jacquot Applicant — Justine Nigro RECOMMENDATION: That application A2021-092 for 21 Nine Pines Road, requesting relief from Section 37.2.1 of Zoning By-law 85-1 to allow a reconstructed deck to have a side yard setback of 0.0 metres whereas 1.2 metres is required, be approved subject to the following condition: 1. That a building permit be obtained from the Building Division prior to construction. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a minor variance to facilitate the replacement of a side yard deck with a reduced side yard setback. The application is requesting a side yard setback of 0.0 metres rather than the required 1.2 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The subject property is a corner lot located at the intersection of Nine Pines Road and Williamsburg Road in the Laurentian Hills Planning Community. The property contains a single detached dwelling with an existing attached deck and detached accessory structure. The immediate neighbourhood is characterized predominately by low-density residential uses, including single detached dwellings and cluster townhome dwellings. The property is designated as Low Rise Residential in the City's Official Plan identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Three Zone (R-3) in Zoning By-law 85-1. Currently, the property is not subject to Zoning By-law 2019-051. The applicant is proposing to reconstruct an elevated deck in the southerly side yard of the subject property. To facilitate its construction, the applicant is seeking relief to allow for a southerly side yard setback of 0.0 metres, whereas 1.2 metres is required. City Planning staff conducted a site inspection of the property on September 3, 2021 Figure 2: Southerly Side Yard, View Looking West Figure 3: Southerly Side Yard, View Looking East REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a one -storey, single detached residential dwelling. The proposed reconstruction of an existing, elevated deck will not change the existing massing, height, or other design characteristics of the property. Further, it is an appropriate use for a residential property. Therefore, it is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The general intent and purpose of the Zoning By-law requiring a 1.2 metre side yard setback is to ensure access to the rear yard, that there is adequate buffering between buildings, and to provide adequate space for the owner to maintain their property and dwelling. As the subject property is a corner lot, the rear yard can still be appropriately accessed both externally on the northern side, where the setback is 7.63 metres, as well as internally from the house on the southernly side. For internal access the deck is required as the rear of the property is on a slope, with the basement being half above grade and the side door being elevated above ground level. The northerly side yard is also of a size which can easily accommodate the transportation of equipment for maintenance — such as wheelbarrows or lawn mowers — into the rear yard. Maintenance to the southern side of the dwelling can also be accommodate without encroaching onto the adjacent property. The separation between the dwelling on the subject property and adjacent properties will not change, so appropriate buffering continues to be provided. Due to these reasons, Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By-law. Is the Variance Minor? The requested variance is minor. Staff is of the opinion that the requested reduction in side yard setback will allow for the reconstruction of an existing side yard deck that is compatible with the existing residential uses of the property and which will not negative impact any adjacent property. Appropriate rear yard access continues to be accommodated and the separation between the dwelling on the subject property and the property adjacent to the south will not change. Is the Variance Appropriate? The requested variance to permit a reduction in rear yard setback will legalize an existing condition and facilitate the repair and reconstruction of a deck, which is a permitted use in the Official Plan and Zoning By-law. The proposed deck will not change in terms of scale, massing, or height from what is existing so the character of both the property and the surrounding area is maintained. The requested variances are not expected to negatively impact the adjacent properties or the surrounding neighbourhood in any way. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the decks/walkway is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application. Environmental Planning Comments: No environmental planning concerns. Region of Waterloo Comments: The Region has no concerns regarding the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Report De velo n7ent Services Departr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: September 21, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning) 519-741-2200 ext. 7844 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: September 15, 2021 REPORT NO.: DSD -21-179 SUBJECT: Minor Variance Application A2021-093 1248 Ottawa Street South Owner — Andre Templeton RECOMMENDATION: That application A2021-093, as amended, requesting permission to convert a semi-detached dwelling into a semi-detached duplex dwelling having: 1) a driveway width of 5.8 metres rather than the maximum permitted 5.2 metres; 2) one required off-street parking space to be located 2 metres from the front lot line rather than the required 6 metres (it is noted that the other parking space may be located less than 6 metres from the property line and that a potential future road widening would result in a setback of 0.8 metres for both required spaces); and, 3) to allow two pedestrian entrances located on each street line fagade rather than the permitted maximum of one pedestrian entrance for each semi-detached duplex; be approved, subject to the following conditions: a. That a building permit is submitted to the Building division; b. That an updated plan showing the proposed new interior sidewalk with a reduced width of 1.8 metres and to provide landscaping/barrier to parking spaces, be submitted to the Planning Division for approval; c. That variances noted be completed by May 1, 2023. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. - .1L Location Map BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Area on the City's Urban Structure Map. The property is zoned as R-4 (Residential Four) in Zoning By-law 85-1. AMENDMENT: It is noted that staff have recommended reducing the interior sidewalk depth to 1.8 metres (see General Intent section below) and adding the parking space depth of 5.5 metres equals 7.3 metres. As shown in the survey of the property, the setback of the house to the front lot line is 9.3 metres. This results in a proposed setback for the parking spaces of 2 metres (rather than 1.8 metres). Staff recommend that this application be amended as noted in item two of the Recommendation section above. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated as Low Rise Residential. The intent of the designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The proposed use of the property as a semi-detached duplex dwelling will maintain a minimum of two off-street parking spaces and will provide for an aesthetically appropriate entrances to the new two units, both of which achieve the general intent of the Official Plan. General Intent of the Zoning By-law 9 The intent of the regulation to have a minimum of one required parking space for a duplex use to be located a minimum of 6 metres from the street line is to ensure that there is sufficient parking for the two dwelling units. The owner is proposing to convert the garage into a second dwelling unit but there will remain two legal size parking spaces (minimum 2.6 x 5.5 metres each) in the driveway in front of the building with a setback for both spaces of 2 metres. As shown on the submitted parking plan, and copied below, there will remain sufficient setback for both parking spaces to meet the intent of the bylaw. The intent of the regulation to have a maximum of one pedestrian entrance for each semi-detached duplex house on each street line fagade is to ensure that the number of doors on the building, for both sides of a semi-detached, do not overwhelm the view of the fagade. For this property, only 1248 Ottawa St S. is proposed to be duplexed and this results in a total three doors facing the street for the entire building. The new door at the driveway level is offset from the other two doors (see photo above). Regarding the proposed plan (below), it is noted that the proposed 2 metres may be more than required for an interior sidewalk. By reducing the interior sidewalk to a minimum of 1.8 metres there will still be sufficient area for landscaping, such as planters, and/or curb stops, to be provided to ensure safe use of the door and to delineate the entrance way from the parking area. Staff are recommending a condition be implemented requiring a detailed plan for the interior sidewalk entrance way be submitted and approved by Planning staff. The plan will review the sidewalk width (1.8 metres recommended), landscaping such as planters and also consideration of curb stops. To ensure completion of the updated interior sidewalk plan, a condition may be added to the building permit that it be inspected by Planning staff prior to occupancy. Building staff have confirmed that if there is an approved design, they can ensure it matches their Building permit drawings. Z FEPEry@NCC ,...@ ICA R, N6 1� ( „[.-•.• ,UiENING BY R P 1613 The intent of the maximum driveway width is to ensure that driveway and parking spaces to not dominate the property or the streetscape. It is noted that the driveway is existing and there have been no concerns to date. An increase of 0.6 metres extra in driveway width may be considered to meet the intent of the regulation. Based on above comments, staff is of the opinion that the general intent of the Zoning By-law is met. Is the Variance Minor? Regarding the variance to have one required parking space located setback 2 metres, there will be sufficient room for the parking space and may be considered minor. Regarding the two pedestrian entrances, it is noted that the original door (see photo above) is located on the upper level and that the proposed second door will be located on the lower level with the driveway (in the former garage door area). As well, staff are recommending converting the portion of the driveway in front of the former garage door into an interior sidewalk/entrance area. It is recommended that landscaping be provided that will soften the effect of the second door, as well as ensuring that people entering the unit can do safely from the driveway and away from parked vehicles. 876965 Bk1Al y, rv°4 a�racne_ cex� POfJ Mp dT�Dh f o ftp " O r r, e+ iFin REAS —. .0 Z7 N 47 0 44 - 54C) i P l fl aCaR Z FEPEry@NCC ,...@ ICA R, N6 1� ( „[.-•.• ,UiENING BY R P 1613 The intent of the maximum driveway width is to ensure that driveway and parking spaces to not dominate the property or the streetscape. It is noted that the driveway is existing and there have been no concerns to date. An increase of 0.6 metres extra in driveway width may be considered to meet the intent of the regulation. Based on above comments, staff is of the opinion that the general intent of the Zoning By-law is met. Is the Variance Minor? Regarding the variance to have one required parking space located setback 2 metres, there will be sufficient room for the parking space and may be considered minor. Regarding the two pedestrian entrances, it is noted that the original door (see photo above) is located on the upper level and that the proposed second door will be located on the lower level with the driveway (in the former garage door area). As well, staff are recommending converting the portion of the driveway in front of the former garage door into an interior sidewalk/entrance area. It is recommended that landscaping be provided that will soften the effect of the second door, as well as ensuring that people entering the unit can do safely from the driveway and away from parked vehicles. Regarding the driveway width, as noted above, the increase of 0.6 metres is minor Based on above comments, staff is of the opinion that the variances are minor. Is the Variance ADDroariate? As noted above, the variances meet the intent of the Official Plan, are minor and the proposed conversion to a duplex will not negatively impact the use of the property or streetscape. The parking variances are for an existing driveway which has not received any concerns to date. City and Regional Transportation Planning staff are in support of the application. Therefore, staff are of the opinion that the variances are appropriate development for the subject property and the surrounding residential neighbourhood. Future Regional Road Widening Region of Waterloo staff have noted that a future 1.2 metres road widening is proposed. When this occurs, a setback for the parking spaces would be 0.8 metres from the front lot line would remain. City and Regional staff have no concerns with this proposed future setback and as such, have noted this in the Recommendation section above. Based on the foregoing, Planning staff recommends that this application be approved as outlined in the Recommendation section above. City Planning staff conducted a site inspection of the property on September 13, 2021 Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the change of use to a duplex, and is currently under review Transportation Comments: Transportation Services does not have any concerns with the proposed application. It should be noted that the proposed parking space will still be legal, with a setback of 0.8 metres, after the road widening require by the Region of Waterloo is taken (based on an interior sidewalk depth of 1.8 metres as proposed by staff above). Heritage Comments: No comments. Engineering Comments: No comments. Environmental Planning Comments: No comments. Region of Waterloo Comments: There are no concerns to the minor variance in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2 metre may be required in case of any potential future development application, to comply with the designated road width of 30.48 metres for the Ottawa Street South (RR #04). At such times in the future, the parking spaces would have a 0.8 metre clearance from the Ottawa Street property line. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: September 21, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: September 10, 2021 REPORT NO.: DSD -2021-183 SUBJECT: Minor Variance Application 50 Valleybrook Dr. Owner — Milestone Developments Inc. Applicant — Patrick Haramis, C/O J.D. Barnes Ltd. RECOMMENDATION: That application A2021-094 for 50 Valleybrook Drive, requesting relief from Section 38.2.1 of the Zoning By-law to allow a side yard setback of 1.25 metres rather than the required 1.5 metres, be approved. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of a minor variance to facilitate the construction of a single detached dwelling with a reduced side yard setback. The westerly side yard setback is proposed to be 1.25 metres whereas 1.5 metres is required, as the easterly side yard setback is 0.1 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The subject property is located on Valleybrook Drive in the Grand River South Planning Community. At present the property is vacant and will be undergoing construction to develop a single detached residential dwelling. The immediate neighbourhood is characterized primarily by residential uses including a variety of low-density housing forms. The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. It is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1 with Special Regulation Provision 597R, which prohibits the use of geothermal wells on the affected lands. Currently, the property is not subject to Zoning By-law 2019-051. The applicant is proposing to construct a two storey, single detached residential dwelling on the subject property. To facilitate the development, the applicant is seeking relief to allow for a westerly side yard setback of 1.25 metres whereas 1.5 metres is required as the easterly side yard setback is between 0 and 0.2 metres. City Planning staff conducted a site inspection of the property on September 3, 2021. Figure 2: Vacant Lot at 50 Valleybrook Drive REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas, as well as the provisions of a range of different housing forms. The property is presently vacant and proposed to be developed with a two-storey single detached home. The requested variance to permit a reduced side yard setback is appropriate as the low-density character of the property and surrounding neighbourhood will be maintained. Therefore, it is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law In Zoning By-law 85-1, the R-4 zoning requires a 1.5 metres setback from the side lot line when the other side yard setback is 0-0.2 meters from the property line to ensure there is adequate access to the rear yard as well as appropriate separation between adjacent properties. Given the angled configuration of the lot, the requested variance will still allow for rear yard access. An adequate buffer between the proposed dwelling on the subject property and the existing dwelling on the adjacent property to the west is also maintained, particularly as the adjacent property is a corner lot whose rear lot line abuts the subject property's side lot line, as depicted in Figure 1. Further, the property adjacent to the east contains an easement for access and encroachment. As such, staff is satisfied that the required variance maintains the general intent of the Zoning By-law. Is the Variance Minor? The proposed reduction in the side yard setback is minor, being only 0.25 metres less than what is required by Zoning By-law 85-1. As the proposed reduction is negligible it is not anticipated to have any adverse effect on either the property or adjacent lands. Is the Variance Appropriate? The requested variance is not expected to negatively impact any of the adjacent properties or the surrounding neighbourhood. The proposed dwelling will not negatively impact the present character of either the subject property or the surrounding area and adequate access and separation between buildings will be maintained. For these reasons, Planning staff is of the opinion that the variances are appropriate for the development of the land. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application. Environmental Planning Comments: No environmental planning concerns. Region of Waterloo Comments: The Region has no concerns regarding the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Report` Itis i z��:I� De velo n7ent Services Dq,oartr7ent www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 21, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Dumart, Craig, Senior Planner, Planner, 519-741-2200 ext. 703 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: September 8, 2021 REPORT NO.: DSD -2021-190 SUBJECT: Minor Variance Application A2021-095 1791 Glasgow Street Owners — 2716297 Ontario Inc. Applicant — Jay Gasselle RECOMMENDATION: That application A2021-095 requesting permission for an accessory structure to have a maximum height of 7.4 metres where 5.5 metres is permitted and a fascia height of 5.6 metres where 3.0 metres is permitted, be approved. REPORT HIGHLIGHTS: The application is requesting relief from Section 4.1 d) of Zoning By-law 2019-051 to permit an accessory structure to have a maximum height of 7.4 metres rather than the required 5.5 metres and to permit the maximum height to the underside of the fascia be 5.6 metres rather than the required 3.0 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 1791 Glasgow Street BACKGROUND: The property is designated as General Industrial Employment in the City's Official Plan and identified as Industrial Employment Areas on the City's Urban Structure Map. The property is zoned as EMP -1 (Neighbourhood Industrial Employment) in Zoning By-law 2019- 051. The existing property is developed with a single detached dwelling with three accessory structures. The single detached dwelling is legal non -conforming and the accessory structures in the rear of the property have been used for a contractor's establishment. The requested variance is to increase the height of the accessory structure located adjacent to the single detached dwelling. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated as General Industrial Employment in the City's Official which provides for a broad range of industrial uses. The requested variance is to increase the height of the accessory structure to allow for additional storage. The requested variance does not propose to expand the residential component of the property which is legal non -conforming. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law The requested minor variances to permit an accessory structure to have a peak height of 7.4 metres rather than a maximum peak height of 5.5 metres and to have the underside of the fascia to be 5.6 metres in height rather than the required maximum of 3 metres meets the general intent of Zoning By- law 2019-051. The increase in height at the peak and fascia will be negligible in the context of the area. Further, the views of the neighbouring property will not be impacted. Is the Variance Minor? The proposed increase in accessory structure height and fascia height is minor. The height increases will not create unacceptable impacts on either the subject property or adjacent properties and is consistent with the character of the neighbourhood. The variance in height is also not visible from the street. Therefore, Staff is off the opinion that the requested minor variance is minor. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances in building height and fascia height will not impact any of the adjacent properties or the surrounding area. Planning Staff is of the opinion that the variance is appropriate. City Planning Staff conducted a site inspection of the property on September 6, 2021. Existing single detached dwelling and accessory structure at 1791 Glasgow Street. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the detached garage to the single detached dwelling. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Repoil Development Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: September 21St, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: September 10th, 2021 REPORT NO.: DSD -2021-180 J www.ki tch en er. c a SUBJECT: Minor Variance Application A2021-096 61 Warren Road Applicants & Owners — Anthony Bauer, Victoria Setiz & Terran Edwin RECOMMENDATION: That minor variance application A2021-096 requesting relief from Section 6.1.1.1 b) i) to allow the required parking space for a duplex dwelling to be setback 2.4 metres from the street line rather than the required 6.0 metres, be approved subject to the following condition; 1. That the owner submits a building permit application to convert the single detached dwelling to a duplex dwelling, to the satisfaction of the Building division. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 6.1.1.1 b) i) to allow the required parking space for the proposed duplex dwelling to be setback 2.4 metres from the street line rather than the required 6.0 metres. Location Map: 61 Warren Road *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Three Zone (R-3) in Zoning By-law 85-1. The applicant is proposing to renovate the existing garage space to living space and convert the property to a duplex dwelling. The driveway will also be widened slightly to accommodate 2 cars parking side by side. REPORT Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the City's Official Plan. This designation permits low density forms of housing including single and semi-detached and duplex dwellings. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. It is the opinion of staff that the requested variance to legalize the location of the one required parking space meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested variance to legalize the off-street parking space 2.4 metres from the street lot line meets the general intent of the Zoning Bylaw. The reduction of 3.6 metres from the required 6 metres is minor. The intent of the 6.0 metre required setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way and surrounding properties. The current driveway will be expanded to a double wide driveway that fits 2 cars side by side. It is not anticipated that any negative impacts on the adjacent residential properties will result from the variance required therefore, the general intent of the Zoning Bylaw continues to be maintained. Application is Minor 3. The variance can be considered minor as it is the opinion of staff that the required parking space can continue to be accommodated on site in a safe manner. The reduced setback of 2.4 metres for the required parking space will not present any significant impacts to adjacent properties or the overall neighbourhood. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variance is not anticipated to impact any of the adjacent properties or the surrounding neighbourhood. City Planning staff conducted a site inspection of the property on September 3, 2021. Photo of Subject Property — 61 Warren Road Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a duplex is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Services Comments: Given the existing location of the driveway (and the future widening to allow for two (2) parking spaces), this proposal does not impact operation of vehicles entering and exiting the site or impede on to the municipal sidewalk. Applicant should be aware that if required an approved curb cut/driveway widening permit be issued by Planning Services. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning has no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM —This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PROPOSED NEW DUPLEX am Po PARKING SPACE 2 uJ S 65 , PARKING SPACE t EXISTING DRIVEWAYTO BE WIDENED TO INC ICATEC 1NIDTH- N ZETBACK 8.92 41, , c s � U I 8.19 � N Proposed parking space locations — 61 Warren Road 0 z LU N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Report De velo n7ent Services Dq,oartr7ent Itis i z��:I� www. kitchener ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 21, 2021 SUBMITTED BY: Bateman Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Thompson Lisa, Planning Technician, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: August 30, 2021 REPORT NO.: DSD -21-178 SUBJECT: Minor Variance Application A2021-097 17-19 Peter Street Owner - Welcomehome Construction Applicant - Dave Aston, MHBC Planning RECOMMENDATION: That application A2021-097 for relief from Section 6.1.2 a) of By-law 85-1 to provide 1.0 parking spaces per unit, rather than 1.25 spaces per unit be approved subject to the following condition: 1. The owner shall submit and receive approval of a site plan application for a 10 -unit back to back townhouse development. REPORT HIGHLIGHTS: The application is requesting relief from Section 6.1.2 a) of By-law 85-1, to provide 1.0 parking spaces per unit, rather than the required 1.25 spaces per unit. Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property at 17-19 Peter Street is designated as Low Rise Multiple Residential in the Cedar Hill Secondary Plan of the City's Official Plan and is identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Residential Six (R-6) in Zoning By-law 85-1. REPORT: Planning Comments: The applicant is proposing to re -develop the subject property with 10 back-to-back townhouse units. This will require the demolition of the existing building on the property. The applicant will be required to apply for Demolition Control and a demolition permit. Staff met with the owner in April 2021 to discuss possible options for a redevelopment of the property. There were several site layout options reviewed, with the consensus being that a 10 -unit back-to-back stacked townhouse design was the most functional and appropriate for the site. This design provides a street presence, on-site amenity space and an adequate number of parking spaces, in accordance with the City's Urban Design Guidelines for the Central Neighbourhoods, and the R-6 zoning regulations. The proposed design of the 10 back-to-back townhouse units will require a minor variance to reduce the required parking rate from 1.25 spaces per unit to 1.0 spaces per unit. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The property is designated as Low Rise Multiple Residential in the Cedar Hill Neighbourhood Plan. This designation supports a range of residential uses from single detached dwellings to multiple dwellings having a maximum floor space ratio of 0.6. The proposed 10 -unit multiple dwelling is a permitted type a -�•� ■ ^ in ground ? WAe Carrtatrrers 1.2 rr, SPcfewalk Back -to -Back CL Stacked E se own Ouco 10 knits rt .. Amenity P.5 m Landscape Buft,er ,Afea ~ WOW- OProposed ProposedSite Layout In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The property is designated as Low Rise Multiple Residential in the Cedar Hill Neighbourhood Plan. This designation supports a range of residential uses from single detached dwellings to multiple dwellings having a maximum floor space ratio of 0.6. The proposed 10 -unit multiple dwelling is a permitted type of residential use and the floor space ratio will not exceed 0.6. Staff is of the opinion that the intensification of a residential use on the property maintains the general intent of the Official Plan. General Intent of the Zoning By-law The property is zoned Residential Six (R-6) in By-law 85.1. This zoning category permits the use of the property for a multiple dwelling. The parking regulations in By-law 85-1 require 1.25 spaces per unit. However, the City's new Zoning By-law (2019-051), will only require 1.0 spaces per unit plus 10% visitor parking when it comes into effect for all residential properties. The intent of the parking regulations in the zoning by-law is to ensure that new development provides an adequate supply of parking on site to avoid spill over onto neighbourhood streets. As this property is located within walking distance of higher order public transit facilities including the ION light rail system, and several major Grand River Transit routes, staff is satisfied that the modest parking reduction maintains the general intent of the zoning by-law. In addition, the proposed parking reduction is in keeping with the direction of the City's new Comprehensive Zoning By-law, that will be applied to all residential properties in the City in the near future. Is the Variance Minor? Based on the location of the property being in close proximity to several modes of public transportation and 10 parking spaces being provided on site; staff consider the parking reduction to be minor. Is the Variance Appropriate? Staff consider the minor parking reduction to be appropriate for the re -development of the subject property as parking will be provided on site, public transit, employment opportunities and shopping are all within walking distance of the site. Building Comments: No Comments. Transportation Comments: The proposed parking rate of 1 parking space per unit and a minimum 15% visitor parking, each follow the intent of the future zoning by-law. Therefore, Transportation Services can support the requested parking reduction. Heritage Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 17-19 Peter Street. is located within the Cedar Hill Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Cedar Hill/Schneider Creek area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Cedar Hill Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr. Engineering Comments: No Comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: September 21, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: September 15, 2021 REPORT NO.: DSD -2021-189 SUBJECT: Minor Variance Application A2021-098 16-20 Queen Street North Owner - 20 Queen St. GP Inc. Applicant - GSP Group Inc. RECOMMENDATION: That Minor Variance Application A2021-098 for 16-20 Queen Street North, requesting: 1. Relief from Section 14.3 to allow a minimum yard abutting a lane of 0 metres for the existing portions of the ground floor, rather than 1.0 metres, 2. Relief from Section 14.3 to allow minimum fagade openings of 20 percent of the area of the ground floor fagade as display windows or entrances to the building, and allow no maximum horizontal distance between display windows or entrances, rather than minimum fagade openings of 50 percent and maximum distance between fagade openings of 4.0 metres, 3. Relief from Section 6.1.2c) to allow 0 parking spaces for multiple dwellings (0 spaces per unit), rather than 184 spaces (1.0 space per unit for units greater than 51.0 Square metres; 0.165 spaces per unit for units not exceeding 51.0 square metres), and 4. Relief from Section 6.1.2c) to allow 0 parking spaces for a community centre or conference and convention facility, rather than 11 spaces (1 space per 23.0 square metres for community centre; 1 space per 40.0 square metres for conference and convention facility requires), be approved subject to the following conditions: A. That this approval shall apply only to the development proposed through Site Plan Application SP21/040/Q/AP. B. That the owner shall enter into an agreement with the City of Kitchener to be registered on title, to the satisfaction of the City Solicitor, requiring the following: i. That a total of 244 on-site bicycle parking spaces shall be provided, to the satisfaction of Transportation Services staff, including: 236 indoor, secured, long-term bicycle parking spaces for residents, and 8 short-term bicycle spaces to be utilized by visitors and users of the community amenity space. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The following variances are requested by the applicant to facilitate a Site Plan Application which proposes to retain the front fagade and side returns of the existing building, demolish the balance of the building, and construct a 34 -storey tower in its place. The tower would contain 236 residential units, a residential lobby facing Queen Street, and a 261.6 square metre ground floor community amenity area that is accessible to the general public (as part of the City's bonusing program in Zoning By-law 85-1): 1. Relief from Section 14.3 to allow a minimum yard abutting a lane of 0 metres for the existing portions of the ground floor, rather than 1.0 metres, 2. Relief from Section 14.3 to allow minimum fagade openings of 20 percent of the area of the ground floor fagade as display windows or entrances to the building, and allow no maximum horizontal distance between display windows or entrances, rather than minimum fagade openings of 50 percent and maximum distance between fagade openings of 4.0 metres, 3. Relief from Section 6.1.2c) to allow 0 parking spaces for multiple dwellings, rather than 184 spaces, and 4. Relief from Section 6.1.2c) to allow 0 parking spaces for a community centre or conference and convention facility, rather than 11 spaces. Location Map (subject property is outlined in white) BACKGROUND: The subject property is located on the northwest side of Queen Street North, between Duke Street and King Street, within downtown Kitchener. The property also has frontage on Goudies Lane. The surrounding lands contain a wide range of land uses, including, for example: high-density residential, office / commercial, institutional, and parking. The subject property and surrounding area are designated as City Centre District on the Urban Growth Centre (Downtown) map and Urban Structure Map of the Official Plan. The property is zoned Retail Core Zone (D-1), with Special Regulation Provisions 95R and 98R, within Zoning By-law 85-1. Planning staff visited the property on September 3, 2021. Photo of Subject Property Taken From Queen Street North REPORT: Planning Comments: The existing building on the property was constructed in 1916 and was the fourth headquarters of Economical Mutual Fire Insurance of Berlin (a year later changed to Kitchener after WWI). The building was designed by Architect W.H.E. Schmalz. The present owners of the property have submitted a Site Plan Application (Application number SP21/040/Q/AP) which proposes to retain the front fagade and side returns of the existing building, demolish the balance of the building, and construct a 34 -storey tower in its place (see Attachment A). The tower would contain 236 residential units, a residential lobby facing Queen Street, and a 261.6 square metre ground floor community amenity area that is accessible to the general public (as part of the City's bonusing program in Zoning By-law 85-1). This space would be located adjacent to Goudies Lane. No parking spaces are proposed, though a loading area would be provided. The Site Plan Application is nearing Approval in Principle stage, and Planning staff is generally supportive of the application. To facilitate that Site Plan Application, as a condition of approval, the following variances are requested by the applicant: 1. Relief from Section 14.3 to allow a minimum yard abutting a lane of 0 metres for the existing portions of the ground floor, rather than 1.0 metres, 2. Relief from Section 14.3 to allow minimum fagade openings of 20 percent of the area of the ground floor fagade as display windows or entrances to the building, and allow no maximum horizontal distance between display windows or entrances, rather than minimum fagade openings of 50 percent and maximum distance between fagade openings of 4.0 metres (see Appendix B). 3. Relief from Section 6.1.2c) to allow 0 parking spaces for multiple dwellings (0 spaces per unit), rather than 184 spaces [(1.0 space per unit x 174 units = 174 spaces) + (0.165 spaces per unit for units not exceeding 51.0 square metres x 62 units = 10 spaces)]. 4. Relief from Section 6.1.2c) to allow 0 parking spaces for a community centre or conference and convention facility, rather than 11 spaces [community centre requires 1 space per 23.0 square metres; conference and convention facility requires 1 space per 40.0 square metres]. On June 28, 2021, City Council passed a Notice of Intention to Designate the front fagade and side returns of the existing building under the Ontario Heritage Act. While the designation by-law for this property has not yet been passed, under the Ontario Heritage Act, there is interim control of alteration or demolition, and it is as if the property is Designated. The requested variances outlined above align with the expected Designation of the property, since they legalize various aspects of the existing building. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent and Purpose of Official Plan Test Variance 1: The existing building has remained in its present form, with the existing setbacks, for more than 100 years. Although the side returns of the existing building are deficient, all new development will comply with the 1.0 metre setback requirement. Accordingly, this request represents a legalization of the existing situation. In addition, the length of the applicable building return represents only 30 percent of the length of the ultimate building length. It should be noted that the present building setback is compliant under the Existing Use clause of the Zoning By-law (Section 5.15.2). However, the proposed changes to the building, including additional floor area, require that the existing portions of the building be legalized. Variance 2: The City Centre District policies of the City's Official Plan state the following with respect to building facades: • "15.D.2.41. The City will utilize the Zoning By-law to direct and guide the location of uses and the development or redevelopment of properties in this District in the following ways: ... c) impose fagade and building height regulations to ensure that buildings maintain a human - scaled form of development along the street." In this regard, Planning staff has reviewed the proposed ground floor fagade and are of the opinion that the building will maintain a human -scaled form of development along the street. The existing building has remained in its present form, including the Queen Street fagade, for more than 100 years. Planning staff has no concerns with that portion of the building's Queen Street fagade that will be retained. It should be noted that the present fagade openings are compliant under the Existing Use clause of the Zoning By-law (Section 5.15.2). However, the proposed changes to the building, including additional floor area, require that the existing portions of the building be legalized. In addition, Planning staff has no concerns with the new Queen Street fagade that will be constructed immediately to the northeast of the retained fagade through the proposed Site Plan Application. Variances 3 & 4: The City's Official Plan contains several policies which relate to parking within the downtown, for example: 13.C.8.2. The City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. 13.C.8.6. The City will develop a parking reduction strategy for lands located within the Urban Growth Centre (Downtown) and Major Transit Station Areas to recognize the availability of and encourage the use of rapid and public transit. The parking strategy will consider parking regulations for lands located outside of these areas and requirements in neighboring municipalities. The resultant parking strategy will be implemented through the City's Zoning By-law. In this case, Transportation Services staff advises that it does not have any concerns with the request for zero parking spaces because there are four municipally operated parking structures within a 400 metre distance of the property, with the capacity to provide residential and visitor parking (see detailed Transportation Services comments, below). In addition, if a recommended condition is imposed, 236 long-term, secured bicycle parking spaces and 8 short-term bicycle parking spaces, will be implemented as a Transportation Demand Management measure. Furthermore, the property is located within a short walking distance of several ION stations. It should be mentioned that the City's `parking reduction strategy' for lands within the Urban Growth Centre (see above Official Plan Policy 13.C.8.6.) culminated in the UGC parking rates found in Zoning By-law 2019-051. This by-law is in -effect but does not apply to the subject property because the UGC zones are not in effect (the property remains zoned D-1 under By-law 85-1). Accordingly, the older parking rates from By-law 85-1 continue to apply. Transportation Services advises that the applicant's request for zero parking meets the intention of the UGC parking rates. The UGC parking rates do not require a minimum number of parking spaces for residential use or the community amenity area. Transportation Services is supportive of the variance subject to a condition that the owner shall enter into an agreement with the City to ensure the above noted bicycle parking spaces are implemented. All Variances: Planning staff is of the opinion that the variances meet the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test Variance 1: The intent of the minimum 1.0 metre setback to a lane regulation is to ensure that adequate buffer space is provided between a building and the lane, especially to prevent pedestrian / vehicular conflicts. In this case, the setback has existed for over 100 years, presumably without issue. In addition, all new construction will comply with the minimum requirement. The subject variance simply represents a legalization of the retained portion of the existing building. Variance 2: The intent of the minimum fagade openings regulation is to ensure human -scale development along the street. See General Intent and Purpose of Official Plan Test section, above. Variances 3 & 4: The intent of minimum parking requirements is to ensure that parking demand is met by adequate on-site parking. In this case, the property is located in the Urban Growth Centre (Downtown). See General Intent and Purpose of Official Plan Test section, above. All Variances: Planning staff is of the opinion that the variances meet the general intent and purpose of the Zoning By-law. "Minor" Test All variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. The current setback has existing for many years without issue. The human -scale and character of the area will not be negatively affected by the change to fagade openings. Moreover, parking demand will be off -set by nearby higher -order transit service (e.g., LRT service), TDM measures (e.g., ample bicycle parking). Also, several municipal parking facilities are located nearby and will provide a parking option for visitors to the property. Desirability for Appropriate Development of the Land Test The requested variances, if approved, will facilitate the development of a 34 -storey tower with 236 residential units, which will assist the city by providing additional housing supply during the current national housing crisis. Approval of the variance will help to legalize the heritage fagade of the existing building. Other site development matters will be reviewed through the Site Plan Application. In addition, the proposal will benefit the public by providing a ground floor community amenity space. Heritage Comments: City Council passed a Notice of Intention to Designate the front fagade and side returns of the existing building on the property municipally addressed as 16-20 Queen Street North at its June 28, 2021 Council meeting. No objections were received to the Notice of Intention to Designate. While the designation by-law for this property has not yet been passed, per sections 30(1) and (2) of the Ontario Heritage Act, there is interim control of alteration, demolition or removal on this property and it is as if the designation process were complete and the property has been Designated under section 29 of the Ontario Heritage Act. As such, any exterior alterations to the building that will affect the identified heritage attributes will require submission and approval of a heritage permit application. The proposed variances are to facilitate development on the subject lands. Heritage Planning staff have reviewed the details of the proposed variances and do not have concerns. The existing fagade and side returns of the building are being retained as per the Notice of Intention to Designate passed by Council, and the proposed variances do not negatively impact the identified heritage attributes of the front fagade and side returns of the building. Environmental Planning Comments: No natural heritage concerns. Building Division Comments: The Building Division has no objections to the proposed. Engineering Services Comments: Engineering Services has no comments. Transportation Services Comments: The proposed parking for this site does meet the intention of the future Zoning By-law 2019-051 for UGC Zones. The development proposal includes 236 long-term, secured bicycle spaces for residents and eight (8) bicycle spaces intended for visitors and use by the community amenity space, for a total of 244 bicycle spaces. Transportation Planning does not have concerns with the reduced (nil) parking rate provided given there are four (4) municipally operated parking structures within a 400m distance of the site, with the capacity and potential to provide residential and visitor parking, particularly in the evening. Further, this type of residential parking will help to support shared parking in the downtown through the utilization of municipal parking structures during traditionally off-peak hours. Transportation Services can support this variance given the proposal meets the intent of the future ZBL 2019-051, with the following condition of approval: 1. That the owner(s) of the property enter into an agreement with the City of Kitchener to be registered on title that acknowledges the following: a. That a total of 244 on-site bicycle parking spaces be provided: 236 secured, long-term bicycle spaces for residents and eight (8) short-term bicycle spaces to be utilized by visitors and the community amenity space. Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. CONSULT — Planning staff was contacted by one community member regarding the details of the subject application. Planning staff provided a comprehensive response to the community member. PREVIOUS REPORTS/AUTHORITIES: Site Plan Application SP21/040/Q/AP has been filed for this property and is under review. Attachments: Attachment A — Proposed Site Plan Drawing (Under Review) Attachment B — Proposed and Existing Queen Street Fagade (Under Review) Q m m a) no N 0 fJ m m z r Z C7 C4 zim z i ogsM Z m � o 0 �rn y -h on m M co v rn v m "? �4 �a RAT 8 1 � QUEEN STI N _ — — _ — _ _ _ — — _. g — — — — — — — _ — — — Q.- iEHT Elf �� kjm mOff M3 D ' ME O lw IML IML IML EL m N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: September 21, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: September 10, 2021 REPORT NO.: DSD -2021-188 SUBJECT: Minor Variance Application A2021-099 111 Gay Crescent Owner & Applicant- Jeff & Margaret Wilson RECOMMENDATION: That application A2021-099 requesting permission to construct an accessory building (shed) in the rear yard of an existing single detached dwelling with the accessory building having a proposed height to the underside of the fascia of 4.5m rather than the permitted maximum of 3 m be approved, subject to the following condition: 1. That the owner submits a building permit application. REPORT HIGHLIGHTS: The applicant is proposing to construct a shed in the rear yard of an existing single detached dwelling. The proposed shed contains a portion of fascia that exceeds the 3 metre maximum in the zoning by-law. Location Map: 111 Gay Crescent BACKGROUND: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The subject property located at 111 Gay Crescent is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned Residential Three Zone (R-3) in Zoning By-law 85-1. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to increase the fascia height of an accessory building is appropriate and will continue to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a maximum of 3 metres in fascia height is to ensure that accessory buildings are subordinate to the primary structure (house). The applicant is proposing an accessory building with a unique design, that contains an additional fascia above another section of the building due to the atypical design. Both sides of the shed will have a fascia under 3 metres on the immediate outside building walls. Therefore, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The subject property has a large backyard and adequate space and separation can be achieved. Further, the outside walls that would have the highest potential for impacts to neighbouring properties comply with the by-law as they would be under 3 metres in height. Is the Variance Minor? 4. The requested variance represents a small portion of the building and the proposal is not for a full section of wall of the building that is 4.5 metres tall. Staff is of the opinion that the requested variance can be considered minor. City Planning staff conducted a site inspection of the property on September 2, 2021. View of Existing Single Detached Dwelling (September 2, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the detached shed is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage concerns. Environmental Comments: No environmental planning concerns STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: None. N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: September 21, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: September 10, 2021 REPORT NO.: DSD -2021-184 SUBJECT: Minor Variance Application 932 Eaglecrest Court Owner — Activa Holdings Inc. Applicant — Kelsey Fischer, C/O Activa Holdings Inc. RECOMMENDATION: That application A2021-100 for 932 Eaglecrest Court, requesting relief from: a) Section 40.2.2 of Zoning By-law 85-1 to allow a single detached dwelling to have a rear yard setback of 7.31 metres rather than the required 7.5 metres; b) Special Regulation Provision 307b)(i) of Zoning By-law 85-1 to allow a single detached dwelling to have maximum garage width that is 55.44% of the lot width instead of the permitted 50% of the lot width; and c) Special Regulation Provision 307b)(ii) of Zoning By-law 85-1 to allow a single detached dwelling to have a maximum garage width that is 55.44% of the lot width instead of the permitted 50% of the lot width. be approved [subject to the following conditions:]. 1) That a revised building permit be submitted to the satisfaction of the Building Division. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a minor variance to facilitate the construction of a single detached dwelling with a reduced rear yard setback and increase the permitted width of the attached garage and driveway. The rear yard setback is proposed to be 7.31 metres rather than the required 7.5 metres and the garage and driveway are proposed to be 55.44% of the lot width instead of the permitted 50%. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The subject property is located on Eaglecrest Court, a cul-de-sac which connects to Eaglecrest Street. It is located within the Bridgeport North Planning Community, in the northern part of Kitchener. The property was previously vacant land and is presently undergoing construction to develop a single detached dwelling. The immediate neighbourhood is characterized primarily by residential uses including one, one -and -a -half, and two storey single -detached homes. The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. It is zoned as Residential Six Zone (R-6) in Zoning By-law 85-1 with Special Regulation Provisions 306R and 307R. The first special provision regulates the maximum number of units permitted in a multiple dwelling, dwelling type, and minimum lot width. It is not impacted by this application. The second special provision regulates garage and driveway dimensions on affected lands. Currently, the property is not subject to By-law 2019-051. The applicant is proposing to construct a two storey, single detached residential dwelling. A Residential Building Permit was issued May 25, 2021. To facilitate the development, the applicant is seeking relief to allow for a 7.31 metre rear yard setback rather than the required 7.5 metres. Further relief is being sought to permit a garage and driveway width of 6.5 metres or 55.44% of the lot width rather than the permitted 50% of the lot width, or 5.85 metres. City planning staff conducted a site inspection of the property on September 3, 2021. Figure 2: Rear Yard of 932 Eaglecrest Court with Poured Foundation Figure 3: Front View of 932 Eaglecrest Court with Poured Foundation REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan In the City's Official Plan, the intent of the Low Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The requested variances to permit a reduced rear yard setback and an increased driveway and garage width is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. Therefore, it is the opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law With respect to the first requested variance, the intent of the 7.5 metre rear yard setback is to ensure that there is adequate amenity space on site as well as sufficient separation between adjacent buildings. The proposed reduction in rear yard setback still permits for usable outdoor space, particularly due to the significant width of the rear lot line as the property is pie shaped. The separation between the proposed single detached dwelling and the abutting rear single detached dwelling is also sufficient to maintain privacy and buffering. The intent of the maximum garage and driveway width in Special Regulation Provision 307R of the Zoning By-law is to ensure that parking facilities do not dominate the front of the dwelling and by extension, the streetscape. The subject lot is pie shaped and narrows towards the front, so the driveway percentage calculation does not capture the full size of the lot as it widens considerably towards the rear lot line. In addition, the proposed driveway is "tapered" and narrows down to 6 metres in width within 3 metres of the front property line, as required by 307R b) (ii) and illustrated in Figure 4 below. Staff is of the opinion that this regulation will ensure that the parking area will not dominate the streetscape. As such, staff is satisfied that the requested variance meets the general intent of the Zoning By-law. co Y �1. jj Ily L23I9'3VTIVMI r J, T_* DMVTAY j A T +mil IIT- 6-On� 1 T, E,= 31 0.t13 SupwEN FOYER CARAG -:31U. 90 5E —31Q.51iTF Figure 4: Proposed Driveway Layout Is the Variance Minor? The requested decrease in rear yard setback and increase of the garage and driveway width can be considered minor, being only 0.19 metres and 0.65 metres, respectively —or 5.44% - different from what is required or permitted. Staff is of the opinion the increase will not present any significant impacts to adjacent properties and the overall neighbourhood. Appropriate rear yard use continues to be accommodated and the parking facilitates will not dominate the site or the surrounding streetscape. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land. The rear yard setback reduction and garage width and driveway width increase will not negatively impact the character of the subject property or surrounding neighbourhood. Building Comments: The Building Division has no objections to the proposed variance. A revision to the original application will be required. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application. Environmental Planning Comments: No environmental planning concerns. Region of Waterloo Comments: The Region has no concerns regarding the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: This single detached dwelling is being constructed as part of Phase 2 of Registered Plan 58M-512. N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: September 21, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: September 10, 2021 REPORT NO.: DSD -2021-187 SUBJECT: Minor Variance Application A2021-101 160 Bullock Street/20 Pearson Street Owner- PDCP Block 8 & 10 Industrial Limited Partnership Applicant- Heather Price, GSP Group Inc RECOMMENDATION: That application A2021-101 requesting permission to construct an industrial building having stairs exceeding 0.6m in height to be located 1.8m from the property line abutting Bullock Street rather than the required 3m be approved. REPORT HIGHLIGHTS: The applicant is requesting to reduce the required setback for stairs to a street line (Bullock Street) from 3 metres to 1.8 metres. Location Map: 160 Bullock Street & 20 Pearson Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property located at 160 Bullock Street/20 Pearson Street is designated General Industrial Employment in the City's Official Plan and identified as an Industrial Employment Area on the City's Urban Structure Map. The property is zoned General Industrial Employment (EMP -2) in Zoning By-law 2019-051. There is a current application for site plan (SP21/049/P/ES) on the subject lands to construct an approximately 14, 000 square metre industrial building. The application is currently under review. During the design of the exterior stairs facing Bullock Street, it was identified by the applicant that the grading on site caused proposed stairway to exceed 0.6M within 1.8 metres of the street line, rather than the 3 metres required in the zoning by-law. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan 1. The subject property is designated General Industrial Employment in the Official Plan. The Official plan encourages incorporating emergency and fire prevention standards into urban design, including the proposed staircase that will act as a fire escape for the building is required by the Building Code. Staff is of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a 3 metre setback for stairs above 0.6M is to control the massing along the street line and create a buffer between the massing and the street. In this circumstance, the building is meeting the street line setback of 6 metres and represents the significant portion of the massing along the street line. The staircase comparatively makes up only a small portion of the width of the building along the street line and in the opinion of staff, does not contribute to additional building massing that would require a 3 metre setback. Therefore, the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The requested variance is not expected to have adverse impacts to the surrounding community. The subject lands are located at the end of a cul-de-sac and the proposed building has substantial separation from existing and proposed buildings. The stairs are required for fire egress to ensure safety of users of the future building. Staff are of the opinion that the requested variance is appropriate for the subject lands and surrounding neighbourhood. Is the Variance Minor? 4. The requested variance represents a minor reduction in the required setback for stairs. Further, the portion of staircase that is closer than 3 metres to the street line only makes up a small percentage of the width of the building wall facing Bullock Street. Staff is of the opinion that the requested variance is minor. City Planning staff conducted a site inspection of the property on August 31, 2021. View of Vacant Land (August 31, 2021) Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns Environmental Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: SP21 /049/P/ES N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Report De velo n7ent Services Dq,oar-tr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: September 21, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: September 10, 2021 REPORT NO.: DSD -2021-186 SUBJECT: Minor Variance Application A2021-102 695 Block Line Road Owner- Schlegel Villages Inc. Applicant- Valerie Schmidt, GSP Group Inc RECOMMENDATION: That application A2021-102 requesting permission to construct a 3 -storey addition on an existing 5 -storey institutional building and having a building height greater than 14m without the required minimum street line stepback of 3m be approved, subject to the following condition: 1. That the owner submits a site plan application to the satisfaction of the Director of Planning. REPORT HIGHLIGHTS: The applicant is requesting to add 3 storeys to a 5 storey building currently under construction. The addition is proposed to be built in line with the 5 storey building rather than providing a 3 metre stepback. 1-ocV� U � rRENTIAN HILLS N aLOur. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 695 Block Line Road BACKGROUND: The subject property located at 695 Block Line Road is designated Institutional in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned Major Institutional (INS -2) in Zoning By-law 2019-051. The subject lands are part of a long-term care and retirement village known as Winston Park that is operated by Schlegel Villages. In 2019, a site plan application (SP19/006/B/ES) was approved for a 5 storey building that includes a Long Term Care Facility, a Health Clinic, and a Seniors Centre. The application was made under the previous Zoning By-law, 85-1. This by-law did not require the 3 metre stepback for portions of a building over 14 metres. The 5 storey building that is currently under construction and approved through site plan SP19/006/B/ES exceeds 14 metres in height. The applicant is now seeking to construct 3 additional storeys (8 storeys in total) and build the additional storeys in line with the original 5 storey building in order to meet the Ministry of Long Term Care standards. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan 1. The subject property is designated Institutional in the Official Plan. This designation is intended for institutional uses that are of a community or regional in nature. Institutional lands are to have regard to compatibility with the surrounding community in terms of height, massing and scale of other buildings. The subject building is located within a larger retirement and long term care campus, and is located on the corner of Block Line Road and Westmount Road. The subject building and proposed addition will only abut other existing retirement and long term care buildings within the campus, ranging from 1 to six storeys. Staff is of the opinion that the proposed building addition is compatible with the surrounding community in terms of height, massing and scale and that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a 3 metre stepback for portions of the building above 14 metres in height is to break up the building massing and establish a base for taller buildings. A 5 storey building is currently under construction that was approved under the previous by-law that does not require a stepback. This building is already above 14 metres in height, and therefore there is no opportunity to provide a 14 metre base. However, there are other methods that can be used to break up the massing of a building. The applicant has proposed a horizontal band be incorporated into the building elevation (as shown below). The elevation drawings will be further reviewed by staff as part of the site plan approval process for the additional 3 storeys. Staff is of the opinion that the intent of the zoning by-law regulation to break up the building massing can be met using this method, and therefore the requested variance meets the general intent of the Zoning By-law. Proposed Horizontal Band on Building Perspective Drawing Is the Variance Appropriate? 3. The requested variance is not expected to have adverse impacts to the surrounding community. Staff are of the opinion that the proposed building massing is appropriate for the subject lands and surrounding context. Is the Variance Minor? 4. The requested variance is for building stepback only, as the proposed height is permitted as -of - right. Staff are of the opinion that the requested variance to not provide a building stepback is minor, as the proposed building can achieve the intent to break up massing by using alternative methods. City Planning staff conducted a site inspection of the property on August 31, 2021. View of Building under Construction (August 31, 2021) Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns Environmental Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: SP19/006/B/ES N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Report De velo ntent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: September 21, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: REPORT NO.: September 10, 2021 DSD -2021-185 SUBJECT: Minor Variance Application A2021-103 & A2021-104 331 & 341 Hesh Crescent Owner- Rockway Holdings Limited Applicant- Chris Pidgeon, GSP Group Inc RECOMMENDATION: That applications A2021-103 & A2021-104 requesting permission to add the use "Bulk Fuel and Oil Storage Establishment" to the subject lands to allow the construction of a wholesale compressed gases establishment be approved, subject to the following condition: 1. That the owner submits a site plan application to the satisfaction of the Director of Planning. REPORT HIGHLIGHTS: The applicant is requesting to add the use "Bulk Fuel and Oil Storage Establishment" to the subject lands. The lands are currently vacant. The applicant intends to construct a building to be used for a wholesale compressed gases establishment. Location Map: 331 & 341 Hesh Crescent *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property located at 331 & 341 Hesh Crescent is designated Business Park Employment in the City's Official Plan and identified as an Industrial Employment Area on the City's Urban Structure Map. The property is zoned General Business Park Employment (EMP -5) in Zoning By-law 2019-051. The subject lands are located within industrial subdivision 30T-01204, draft approved July 17, 2002. The subject lots were created when the plan was registered on December 5, 2006 as Plan 58M-424. The lands are currently vacant. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan 1. The subject property is designated Business Park Employment in the Official Plan. Business Park Employment areas are regarded as prestigious locations for industrial uses due to its access to major transportation corridors and high visibility. Policy 15.D.6.30 explains that in addition to manufacturing and other employment uses typically found in the General Industrial Employment land use designation, other service related business uses are permitted such as catering, automotive service stations, and industrial offices. The proposed use of "bulk fuel and oil storage establishment" is a permitted use in the General Industrial Employment land use designation and zone. Accordingly, the requested use is considered a general industrial employment use that can be considered within the Business Park Employment land use designation. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The purpose of the General Business Park Employment Zone (EMP -5) is to accommodate a limited range of industrial uses to form an employment business park. The proposed use and construction of a building to be used for a gases and welding supply company is a typical employment use that can be considered similar to other uses permitted in an industrial business park. Staff is of the opinion that the proposed use will contribute to the future development of this industrial subdivision and will complement and coexist with other general industrial uses that are permitted in the zone that will eventually be developed in the rest of the business park. Therefore, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The proposed use is an industrial employment use that is similar to and complements other industrial uses within the developing industrial subdivision that comprises the surrounding lands. Staff is of the opinion that the proposed use is appropriate for the subject lands and surrounding neighbourhood. Is the Variance Minor? 4. The proposal to add an employment use to the lands can be considered minor as it represesents the addition of one use that is permitted in other employment zones, and is not expected to have adverse impacts on abutting properties or the surrounding neighbourhood. City Planning staff conducted a site inspection of the property on September 2, 2021. View of Vacant Lands (September 2, 2021) Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns Environmental Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: 30T-01204 N* Region of Waterloo September 03, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Hilborn: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11) /28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Re: Committee of Adjustment Applications Meeting September, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns. 2) A 2021-092 — 21 Nine Pines Road — No Concerns. 3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor variance application in the existing conditions. However, the applicants must be advised that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. 4) A 2021-094 — 50 Valleybrook Drive — No Concerns. 5) A 2021-095 — 1791 Glasgow Street — No Concerns. Document Number: 3809958 Page 1 of 2 6) A 2021-096 — 61 Warren Road — No Concerns. 7) A 2021-097 — 17-19 Peter Street — No Concerns. 8) A 2021-098 — 16-20 Queen Street North — No Concerns. 9) A 2021-099 — 111 Gay Crescent — No Concerns. 10) A 2021-100 (Updated) — 932 Eaglecrest Court — No Concerns. 11) A 2021-101 — 20 Pearson Street & 160 Bullock Street — No Concerns. 12) A 2021-102 — 695 Block Line Road — No Concerns. 13) A 2021-103 to 104 — 331 & 341 Hesh Crescent — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, I Joginder Bhatia Transportation Planner C (226) 753-0368 KO Dianna Saunderson CofA(u-)Kitchener. ca 0 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: September 21St° 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: September 10, 2021 REPORT NO.: DSD -2021-181 SUBJECT: Consent Application B2021-043 303 Park Street Owner: Mohammad Abdullah c/o JEC Properties Inc. Applicant: Monika Cechovsky RECOMMENDATION: That application B2021-043 for consent to sever the existing lot into two new lots for semi detached dwelling purposes 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 pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,491.86.The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provides 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 size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and retained lands. 5. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. system to the satisfaction of the Director of Engineering Services. 7. That the Owner submits 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 provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner provides compensation for removal of a City owned tree, in the amount of $1000.00 or a Landscape Plan prepared to City standards illustrating a new street tree for each lot, for replacement plantings, and the boulevard restored to City standards, to the satisfaction of the City's Director of Parks and Cemeteries. 10. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 11. That prior to final approval, the owner/applicant enters into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: i. The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant' s discretion. ii. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: a. Noise Warning Clause C: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Park Street and CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". b. Warning: "CN Railway/Goderich Exeter Railway or their assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CN Railway/Goderich Exeter Railway will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." REPORT HIGHLIGHTS: The application is requesting to create a lot by severing an existing lot into two lots v a L— --�TT— t APART 21 L.-----------------1 . 2'47- 5 Sf1 1 45555 P1 c 3Er 44.11$ n To be severed Proposed lot fabrics a � is Location Map: 303 Park Street To be retained N47-t3.'5dE -MES arxt X - r�� PA�,-----------'--Y— 1 ; NJ F I NiG y! P. v a L— --�TT— t APART 21 L.-----------------1 . 2'47- 5 Sf1 1 45555 P1 c 3Er 44.11$ n To be severed Proposed lot fabrics a � is Location Map: 303 Park Street REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone with Special Provision 129U in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property has been demolished and is being replaced with new semi-detached dwellings on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighbourhood. The Owner is requesting permission to sever the subject lands into two equal sized lots. The severed lot would have a lot width of 7.59 metres, a depth of 45.9 metres, and an area of 344.6 square metres, while the retained lot would have a lot width of 7.59 metres, a depth of 42.3 metres, and an area of 329.3 square metres. City Planning staff conducted a site inspection of the property on September 3, 2021 Existing single detached dwelling at 303 Park Street With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The lands front onto a public street and full services are available. Building Comments: The Building Division has no objections to the proposed consent. Heritage Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 303 Park Street is located within the proposed revised boundaries of the Gruhn Neighbourhood CH. These proposed revisions were identified during the work undertaken for the KW Hospital/Midtown Neighbourhood Planning Review in 2019. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. For more information regarding the outcome of the KW Hospital/Midtown NPR, please visit the following link: https://www.kitchener.ca/en/strategic-plans- and-projects/k-w-hospital-midtown.aspx. Environmental Planning Comments: Environmental Planning has no concerns with this application. The applicant is required to provide safeguard measures to ensure the health of the street tree is maintained during construction. Please see Parks comments in regards to the tree removal at such time. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: - Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. - The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Jason Brule (mason. brule(o-)-kitchener.ca). - Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. - A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. - A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. - The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks/Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu of land for Parkland Dedication is $3,491.86. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the linear frontage (7.591 m) at a land value of $9,200 per frontage meter. Calculation: (5% x 7.591 I.m. street frontage) x $9,200 = $3,491.86. City records indicate a good quality City -owned street tree (Freeman's Maple) in the boulevard (tree ID #10024791) and based on the issued building permits, this tree will have to be removed and compensation provided for the tree. The boulevard should be restored to City standards — see Development Manual for specifications. If the owner would like to provide replacement plantings, a Landscape Plan to City standards should be submitted to Parks and Cemeteries for review and approval illustrating a new street tree for each lot. If cash in lieu compensation is desired, payment of $1000.00 is required. See appended plans from issued building permit. — s - LOT 14 e JEC PROPERTIES • WW LOT 13 O.,.. — III 1111111 �.MUM e s J31/1 h LOT 14 PARKST. DEVELOPMENT a 62) DEMO PLAN SITE P WY is =ta �� I'e PERMIT SET .. mow: aww: — A2 Region of Waterloo Comments: Regional Fee: • III 1111111 �.MUM I'e .. Region of Waterloo Comments: Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: The proposed dwellings on the severed and retained lot are located within 300 metres (185 metres approximately) of the CN railway mainline and abutting a busy municipal street (Park Street). Therefore the proposed dwellings may have potential impacts from the transportation noise in the vicinity. In lieu of the applicant undertaking a detailed environmental noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots, and implementing the recommendations from the noise study through a registered agreement with the City of Kitchener, Regional staff agree to secure and implement the conditions below through a registered agreement with the City of Kitchener, for all dwelling units on both, the retained and the severed lots: A) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant' s discretion. B) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: a) Noise Warning Clause C: "The purchasers /tenants are advised that sound levels due to increasing road traffic on Park Street and CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP) ". b) Warning: "CN Railway/Goderich Exeter Railway or their assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CN Railway/Goderich Exeter Railway will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way. " The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: i. The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant' s discretion. ii. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: a. Noise Warning Clause C: "The purchasers /tenants are advised that sound levels due to increasing road traffic on Park Street and CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". b. Warning: "CN Railway/Goderich Exeter Railway or their assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CN Railway/Goderich Exeter Railway will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. N14+4r Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LFGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwatertoo.ca Peter Ellis 519-503-2536 D20-20/21 KIT September 10, 2021 Re: Comments for Consent Application B2021-043 Committee of Adjustment Hearing September 21, 2021 CITY OF KITCHENER B2021-043 303 Park Street Mohammad Abdullah (JEC Properties) / Monika Cechovsky (Vitali Design/Build) The owner/applicant is proposing to split the lot to build two semi-detached dwellings. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: The proposed dwellings on the severed and retained lot are located within 300 metres (185 metres approximately) of the CN railway mainline and abutting a busy municipal street (Park Street). Therefore the proposed dwellings may have potential impacts from the transportation noise in the vicinity. In lieu of the applicant undertaking a detailed environmental noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots, and implementing the recommendations from the noise study through a registered agreement with the City of Kitchener, Regional staff agree to secure and implement the conditions below through a registered agreement with the City of Kitchener, for all dwelling units on both, the retained and the severed lots: Document Number: 3818934 A) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant' s discretion. B) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: a) Noise Warning Clause C: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Park Street and CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". b) Warning: "CN Railway/Goderich Exeter Railway or their assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CN Railway/Goderich Exeter Railway will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Document Number: 3818934 The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant' s discretion. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: a. Noise Warning Clause C: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Park Street and CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP) "- b . . b. Warning: "CN Railway/Goderich Exeter Railway or their assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CN Railway/Goderich Exeter Railway will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." Document Number: 3818934 General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner Document Number: 3818934 C>(avid Rry c3 a 4 ��~yation Pj September 9, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Dianna Saunderson City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Via email only Re: September 21, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-084 210 Tartan Avenue A 2021-092 21 Nine Pines Road A 2021-093 1248 Ottawa Street Sou& A 2021-094 50 Valleybrook Drive A 2021-095 1791 Glasgow Street A 2021-096 61 Warren Road A 2021-097 17-19 Peter Street A 2021-098 16-20 Queen Street North A 2021-099 111 Gay Crescent A 2021-100 932 Eaglecrest Court A 2021-101 20 Pearson Street & 160 Bullock Street A 2021-102 695 Block Line Road A 2021-103 to 104 331 & 341 Hesh Crescent Application for Consent B 2021-043 303 Park Street The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, rPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River