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HomeMy WebLinkAboutCA Agenda - 2021-10-19COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA October 19, 2021 - 10:00 a.m. MINOR VARIANCE APPLICATION: Submission No.: A 2021-093 Applicants: Andre Templeton Property Location: 1248 Ottawa Street South Legal Description: Part Lot 5, Plan 1613, being Part 1 on Reference Plan 58R-5563 The Committee was advised the applicant requested 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. THE 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 October 19, 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 October 18, 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 October 19, 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 2021-105 - 25 Courtland Avenue East Permission to convert an existing duplex into a triplex dwelling having 2 parking spaces in tandem whereas the By-law does not permit tandem parking; and, 1 off-street parking space located between the building facade and front lot line whereas the By-law does not permit parking between the facade and front lot line. A 2021-106 - 37 Highland Road West Permission to construct an additional dwelling unit in the rear yard of an existing single detached dwelling on a lot having a width of 12.1m rather than the required 13.1m; and, to legalize a westerly side yard setback of 1.007m rather than the required 1.2m for the existing dwelling. A 2021-107 - 26-28 Ellen Street West Permission to construct a two-storey addition in the rear yard of an existing single detached dwelling having a 73% increase to the existing building's Gross Floor Area (GFA) rather than the maximum permitted GFA increase of 25%. A 2021-108 - 102 Fenwick Court Permission to re -construct a deck exceeding 0.6m in height in the rear yard of an existing single detached dwelling having an easterly side yard setback of 0.43m rather than the required 1.2m. A 2021-109 - 388 King Street East Permission to provide zero parking spaces for 129 sq.m. of restaurant use within a mixed use building, where 14 spaces are required (1 space per 7.5 sq.m., plus a 20% reduction). A 2021-110 - 125 Seabrook Drive Permission to add the use "Educational Establishment" to the subject lands to allow for a Kumon franchise business having a Gross Floor Area (GFA) of 12% (122 sq.m. GFA) of the commercial plaza. Page 1 of 3 A 2021-111 - 52 Anvil Street Permission to convert the garage of a single detached dwelling into a duplex unit having 1 off-street parking space located 0.5m from the front lot line rather than the required 6m. A 2021-112 - 135 Wellington Street North Permission for an existing 5 -unit multi -residential dwelling being converted to a 10 -unit multi -residential dwelling having a parking rate of 1.2 spaces/unit (12 spaces) rather than the required 1.25 spaces/unit (13 spaces). A 2021-113 - 1421 Victoria St. N. Permission for a commercial retail business to operate in an existing commercial building having 19 parking spaces rather than the required 29 parking spaces (1 space per 33sq.m. of gross floor area). B 2021-044 - 51 Nelson Avenue Permission to sever a parcel of land so each semi-detached dwelling can be dealt with separately. The severed land identified as Part 1 on the plan submitted with the application having a width on Schweitzer Street of 15.77m, a depth of 23.77m, and an area of 374.85sq.m. The retained land identified as Part 2 on the plan submitted with the application located having a width on Schweitzer Street of 20.193m, a depth of 20.19m, and an area of 479.92sq.m. B 2021-045 - 35 Coral Crescent Permission to sever a parcel of land having a width of 9.47m, a depth of 58.465m, and an area of 555.3sq.m. The retained will have a width of 9.47m, a depth of 59.783m, and an area of 561.5sq.m. The existing dwelling is proposed to be demolished, and two single detached duplexes are proposed to be constructed. B 2021-046 - 74 Admiral Road Permission to sever a parcel of having a width of 8.382m, a depth of 36.576m, and an area of 306.6sq.m. The retained land will have a width of 8.382m, a depth of 36.576m, and an area of 306.6sq.m. The existing dwelling is proposed to be demolished, and two single detached duplexes are proposed to be constructed. :3'��j'�i QRZ f�:�i ■ �fi i� 7_Rl�il'Ra Permission to sever a parcel of land so the existing single detached dwelling can be demolished, and semi- detached multi -residential dwellings constructed on each lot. The severed land identified as red on the plan submitted with the application having a width of 7.620m, a depth of 50.269m, and an area of 383.1sq.m. The retained land identified as green on the plan submitted with the application having a width of 7.620m, a depth of 50.269m, and an area of 383.1sq.m. B 2021-048, B 2021-049, B 2021-50 - 441 East Avenue Permission to create 3 lots and retain 1 for residential development. All four of the lots are proposed for semi- detached dwellings. The proposed lots will have the following dimensions: B 2020-048 - (Severed Lot 1) B 2020-049 - (Severed Lot 2) Width - 7.620m Width - 7.620m Depth - 36.576m Area - 278.7 sq.m B 2020-050 - (Severed Lot 3) Width - 7.620m Depth - 36.576m Area - 278.7 sq.m Depth - 36.576m Area - 278.7 sq.m Retained Lot Width - 7.620m Depth - 36.576m Area - 278.7 sq.m B 2021-051 & B 2021-052 - 945 Victoria Street North & 961 Victoria Street North Permission to sever a triangular parcel of land having a width of 11.07m, a depth of 19.74m, and an area of 109.11 sq.m. to be conveyed as a lot addition to the property municipally addressed as 961 Victoria Street North; and, permission to sever a triangular parcel of land having a width of 11.31m, a depth of 19.26m, and an area of 108.60sq.m. to be conveyed as a lot addition to the property municipally addressed as 945 Victoria Street North. The land conveyances are intended to establish more regular lotting patterns for both properties in their rear yards. B 2021-053, A 2021-114 & A 2021-115 - 75 & 79 Louisa Street Permission to sever a parcel of land so each multi -residential detached dwelling can be dealt with separately after being inadvertently merged on title. The severed land with an existing duplex dwelling, municipally addressed as 79 Louisa Street, will have a width of 10.67m, a depth of 35.78m, and an area of 3384.4 sq.m. The retained land with an existing duplex dwelling, municipally addressed as 75 Louisa street, will have a width of 10.36m, a depth of 35.78m, and an area of 370.8sq.m. Permission is also requested to grant minor variances for 79 Louisa Street to legalize a front yard setback of 2.1 m rather than the required 4.5m; and, a westerly yard setback of 1.10m rather than the required 1.2m; and, a westerly setback for accessory structures of 0.5m rather than the required 0.6m. Permission is also requested to grant minor variances for Page 2 of 3 75 Louisa street to legalize a front yard setback of 2.3m rather than the required 4.5m; a westerly side yard setback of 0.86m rather than the required 1.2m; and, a easterly side yard setback for accessory structures of 0.4m rather than the required 0.6m. B 2021-054, A 2021-116 & A 2021-117 - 74 Rutherford Drive Permission to sever a parcel of land having a width of 14.326m, a depth of 60.350m, and an area of 864.57sq.m. The retained land having a width of 8.53m, a depth of 60.35m, and an area of 514.79sq.m. Permission is also requested to grant minor variances for the retained land to allow a duplex dwelling to be constructed on a lot having a width of 8.53m rather than the required 9m. Permission is also requested to grant minor variances for the severed land to allow the construction of semi-detached dwellings to have lot widths for each dwelling of 7.16m rather than the required 7.5m. B 2021-055 & A 2021-118 - 134 Woolwich Street Permission for a sever a triangular shaped a parcel of land having a width of 47.092m, a depth of 116.601 m, and an area of 2820sq.m to be conveyed as a lot addition to the property municipally addressed as 124 Woolwich Street. The retained lands will have a width of 62.847m, a depth of 256.614m, and an area of 7000sq.m. Permission is also requested to grant minor variances for the retained land municipally addressed as 134 Woolwich Street with an existing single detached dwelling to have a lot area of 0.7ha rather than the required 0.9ha. B 2021-056, B 2021-057 & A 2021-119 - 300 Bridge Street East Permission to sever a parcel having a width of 367m, a depth of 255m, and an area of 77,153sq.m. The retained employment lands identified as blue on the plan submitted with the application having a width of 413m, a depth of 640m, and an area of 206,OOOsq.m; and, to grant an easement over the retained lands in favour of the severed lands as outlined on the plan submitted with the application for the purpose of stormwater management. Permission is also requested to grant minor variances for the retained land to construct a commercial industrial building having • 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 1 st day of October, 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 OCTOBER 1, 2021. Page 3 of 3 Staff Report Develo n7ent Services Deoartr7ent 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: 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. 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. - i 9 General Intent of the Zoning By-law 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. 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Owner & Applicant — George Gray RECOMMENDATION: That application A2021-105 for 25 Courtland Avenue East, requesting relief from: a) Section 6.1.1.1 d) i) of Zoning By-law 85-1 to allow for a proposed 3 -unit multiple dwelling to have one required parking space located between the fagade and the front lot line, where parking for multiple dwellings is not permitted in such a location; and b) Section 6.1.1.2 b) of Zoning By-law 85-1 to allow for a proposed 3 -unit multiple dwelling to have two required parking spaces be arranged in tandem, where such a parking configuration is not permitted; be approved subject to the following conditions: That the owner obtains Site Plan approval to the satisfaction of the Director of Planning. 2. That the owner applies for a building permit prior to construction, to the satisfaction of the City's Building Division. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a minor variance to facilitate the conversion of an existing duplex into a multiple dwelling with 3 units. The proposed multiple dwelling is a permitted use within the zone and will require three parking spaces. The application is proposing that one of the required parking spaces be located between the fagade and the front lot line where parking for multiple dwellings is not permitted in such a location, while the other two required parking spaces be arranged in tandem, whereas such a parking configuration is not permitted. *** 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 the southerly side of Courtland Ave East, in the Mill Courtland Woodside Park Planning Community. The property contains a single detached residential dwelling which has been converted into a duplex and is proposed to be converted into a triplex. A detached accessory structure used as a storage shed is also located on the property to the west of the residential dwelling. The immediate neighbourhood is characterized by a diverse mix of uses, including low- and high-density residential developments, commercial uses, and open space park lands. The property is designated as Medium Density Commercial Residential in the Mill Courtland Woodside Park Neighbourhood Secondary Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Commercial Residential Two Zone (CR - 2) in Zoning By-law 85-1; currently the property is not subject to Zoning By-law 2019-051. As the property is within the Victoria Park Area Heritage Conservation District (VPAHCD), the provisions of the VPAHCD Plan apply. The applicant is seeking to convert the existing building into a 3 -unit multiple dwelling and is seeking relief from some parking requirements. To accommodate the additional parking space on site while adhering to the provisions of the heritage conservation district plan a compromise was reached which reduced the originally proposal of two parking spaces in between the fagade and front lot line. The two other required spaces are proposed to be arranged in tandem, with priority for access given to the existing tenants. Landscaping is also proposed to replace some of the existing asphalt in front of the house as per the provisions of the VPAHCD. City Planning staff conducted a site inspection of the property on October 1, 2021. Figure 2: Front Elevation of Subject Property with Existing Driveway 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 Mill Courtland Woodside Park Neighbourhood Secondary Plan, the intent of the Medium Density Commercial Residential designation is to provide for a range of residential and non -retail commercial uses. Low and medium density residential uses are accommodated in this designation through the permittance of a range of housing forms, including single -detached, duplex, and multiple dwellings. The requested minor variance will facilitate the addition of a third unit to an existing duplex, making it a multiple dwelling. The new unit is proposed to be placed in the existing basement and will not be visible from the street, so the character of the site and surrounding area is maintained. Further, by reducing the amount of asphalt area that is present in the front yard of the subject property and replacing it with landscaping, the streetscape may be further enhanced. Therefore, it is the opinion of staff that the requested variances are appropriate and meet the general intent of the Secondary Plan. General Intent of the Zoning By-law The first variance is to allow for a parking space of a multiple dwelling to be located between the building fagade and the front lot line. The provision that does not permit this parking location is only applied when three or more parking spaces are required, as its intent is to ensure that vehicle storage does not dominate the streetscape. As only one of the required spots for this development is being proposed to be located in between the dwelling fagade and the front lot line, Staff is of the opinion that this location will not overwhelm the existing streetscape with car storage. The second variance applied for is to allow for two required parking spaces to be arranged in tandem. The intent of the regulation which does not permit such a parking arrangement is to provide for independent ingress and egress of vehicles on site. This regulation is also only typically applied to sites which require three or more parking space; parking arranged in tandem is permitted when 2 spaces are required for a duplex dwelling. As only two of the spaces are proposed to be arranged in tandem, Staff is of the opinion that the proposed variance meets the general intent of the Zoning By-law 85-1. Is the Variance Minor? This proposal represents a minor increase in density and is expected to result in very little change to the property overall. Further, despite the increase in required parking the amount of asphalt area on the property is proposed to decrease. Therefore, Staff is of the opinion that the requested variance can be considered minor. Is the Variance Appropriate? The requested parking variances will facilitate the conversion of a duplex into a multiple dwelling with 3 units, which is a permitted use in the Official Plan and Zoning By-law 85-1. The requested variances are not expected to negatively impact the present character of either the subject property or the surrounding area. 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 provided building permit for the change of use to a triplex is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: While the current zoning by-law (85-1) does not permit tandem parking for this use, the future zoning by-law will permit tandem parking, therefore, Transportation Services does not have any concerns with the proposed application. Heritage Comments: The subject property is located within the Victoria Park Area Heritage Conservation District (VPAHCD) and designated under part V of the Ontario Heritage Act. The VPAHCD Plan contains parking policies for building conversions within the district. The district plan speaks to priority being given to parking at the rear of the building and that large areas of asphalt in front of the building are strongly discouraged. To accommodate additional parking on site while adhering to the policies of the VPAHCD Plan, a compromise has been proposed to include one parking space between the fagade and front lot line and incorporate two tandem parking spaces within the driveway. Landscaping is also proposed to replace some of the existing asphalt. Heritage Planning staff support this compromise and therefore have no concerns with the proposed minor variance application. Engineering Comments: There are no engineering concerns. Environmental Planning Comments: There are 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: There are no previous reports/authorities related to this matter. October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 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 9 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -2021-196 SUBJECT: Minor Variance Application A2021-106 37 Highland Road West Owner & Applicant — Matthew Kerwin RECOMMENDATION: That application A2021-106 for 37 Highland Road West, requesting relief from: a) Section 5.22 c) of Zoning By-law 85-1 to permit the construction of an Additional Dwelling Unit (Detached) on a lot with a width of 12.1 metres whereas 13.1 metres is required; and b) Section 5.22 i) i) of Zoning By-law 85-1 to permit the construction of an Additional Dwelling Unit (Detached) on a lot where the primary dwelling has a side yard setback of 1.007 metres whereas 1.2 metres is required; be approved subject to the following conditions: 1. That the owner receives approval of Site Plan Application SP21/064/H/TZ. 2. That the owner applies for a building permit prior to construction, to the satisfaction of the City's Building Division. 3. That due to the treed nature of the property and proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any demolition, tree removal, grading or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4. That Conditions 1, 2 and 3, above, shall be completed by October 2022. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a minor variance to facilitate the development of a Detached Additional Dwelling Unit (ADU) on a lot with a reduced width and where the primary dwelling has a reduced side yard setback. The lot is 12.1 metres is width rather than the required 13.1 metres and the side yard setback is 1.007 metres rather than the required 1.2 metres. Figure 1: Location Map BACKGROUND: The subject property is located on the south side of Highland Road West, within the St. Mary's Planning Community. At present the property contains a single detached residential dwelling with an attached rear deck and detached garage. The immediate neighbourhood is characterized predominately by low density residential uses with some institutional uses, commercial uses, and open spaces. 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 Five Zone (R-5) in Zoning By-law 85-1; the subject is not currently subject to Zoning By-law 2019-051. The applicant is proposing to construct an ADU in the rear yard of the subject property. A 1.1 metre walkway, separate and distinct to the existing driveway, will also be constructed leading from the street to the ADU. To facilitate its construction, the applicant is seeking relief on required lot width and side yard setback for the primary dwelling. Lots with ADU's are required to have a frontage of 13.1 metres and primary dwellings with side yard setbacks of 1.2 metres. As the walkway is separate and distinct from the driveway, no relief is required to allow the path to have a 0.0 metre side yard setback. City Planning staff conducted a site inspection of the property on October 1, 2021. Figure 2: Picture Depicting Existing Lot Width Figure 3: Front Elevation with Side Yard 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, additional dwelling units are a permitted housing type. Concerning detached ADUs specifically, the Official Plan places emphasis on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas, so that the use may be integrated into its surrounding with negligible visual impact. The proposed ADU will be located in the rear yard where it will not be visible from the street front and subordinate in size and scale to surrounding principle dwellings Compatibility of the final design of the unit will be addressed through the site plan application which has been submitted and is currently under review. The low-density characteristic of the property and the surrounding neighbourhood is maintained. Therefore, it is the opinion of staff that the requested variances are appropriate and meet the general intent of the Official Plan. General Intent of the Zoning By-law In considering the first requested variance, the general intent and purpose of the Zoning By-law requiring 13.1 metres of frontage for a property to qualify for an ADU is to ensure that there is adequate space to accommodate both dwellings and associated amenity areas, as well as sufficient access. This number was based on the frontage requirements for a double -wide garage, zoning requirements for garage to fagade widths, and side yard setback requirements for primary dwellings. The subject property has an irregular shape, with the rear of the lot being wider than the front width. Further, the lot area is 680 square metres, which is well above the required 395 square metres, and the 1.1 metre walkway between the street and the proposed ADU can still be accommodated. The wider rear size and larger lot area results in adequate space being left to provide for amenity areas for both units on the property. Appropriate access to the rear can still be provided with the reduced lot width. Regarding the second requested variance, the general intent and purpose of the Zoning By-law requiring a 1.2 metre side yard setback of the primary dwelling is to ensure adequate access to the rear yard and any ADU which may be located there. This figure was derived from discussion with Kitchener Fire. Kitchener Fire was contacted and provided comments for this minor variance application. The opposing side of the primary dwelling is 3.79 metres in width, which is more than double what is required by the Zoning By-law. The opposing side also contains a paved driveway and separate and distinct walkway 1.1 metre in width. As the opposite side yard set back is of a significant size and paved to provide a hard surface, emergency services would still have sufficient access to the rear yard. Staff is of the opinion that the proposed variances meet the general intent and purpose of Zoning By- law 85-1. Is the Variance Minor? The requested variances for a reduced lot width and side yard setback are minor in nature, being only 1.0 metre and 0.19 metre reductions respectively. These variances will not create unacceptably adverse impacts on the property itself or adjacent uses or lands. The proposed lot width still allows for a reasonable amount of amenity space while sufficient access can still be provided with the reduced side yard setback. Is the Variance Minor and Appropriate? The requested variances will facilitate the construction of a new, detached ADU, which is encouraged through policy in the Official Plan and is a permitted use in the Zoning By-law. The requested variances are not expected to negatively impact any of the adjacent properties or the surrounding neighbourhood. The character of subject property and surrounding area is also maintained. Staff will ensure that through the site planning process, all technical matters will be addressed appropriately and satisfactorily. 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 provided building permit for the Accessory Dwelling Unit 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: Heritage Planning staff do not have concerns with this application. However, it is noted for information that the subject property is adjacent to a listed property (43-45 Highland Road West) and adjacent to the Victoria Park Neighbourhood Cultural Heritage Landscape and the Queens Boulevard Cultural Heritage Landscape. Engineering Comments: There are no engineering concerns. Environmental Planning Comments: Tree Management condition applies. Fire Comments: The side with the narrow access would not be the side that emergency services would use. A hard surface all the way to the entrance of the unit from the street is what is required, so it can be maintained clear of snow in the winter. 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 (SP21 /064/H/TZ) has been filed for this property and is under review. October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Kristen Hilborn From: Sent: Monday, October 4, 2021 1:40 PM To: Committee of Adjustment (SM) Subject: [EXTERNAL] Application for 37 Highland Rd W Follow Up Flag: Follow up Flag Status: Flagged Categories: Submission Good afternoon, We offer our full support for the application for 37 Highland Rd West to approve the minor variances needed to allow for the construction of an ADU on the property. We live and think this is a great use for this property, allowing much needed 'gentle density' in our neighbourhood. Older neighbourhoods like ours tend to house far less people than they were first built for. Adding an accessory dwelling unit at this location is one way to help ensure our neighbourhood remains vibrant and liveable. The property owners have shared their plans for this space and we are excited to see it take shape. Building Community Together Staff Report Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 1 4NER www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -2021-204 SUBJECT: Minor Variance Application A2021-107 26-28 Ellen Street West Owner- Eric Fox & Alanna Harper Applicant- Scott Patterson, Patterson Planning Consultants RECOMMENDATION: That application A2021-107 requesting permission to construct a two-storey addition in the rear yard of an existing single detached dwelling having a 73% increase to the existing building's Gross Floor Area (GFA) rather than the maximum permitted GFA increase of 25% be approved, subject to the following conditions: 1. That the Owner shall prepare a scoped Tree Management Plan in accordance with the City's Tree Management policy, to be approved by the City's Director of Planning and where necessary, implemented prior to demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 2. That the owner submits a building permit application. REPORT HIGHLIGHTS: The applicant is requesting permission to construct a rear yard addition to a single detached dwelling. Special Use Provision 127U restricts additions to 25% of the existing Gross Floor Area (GFA) whereas the addition pr oposed is 73% of the existing GFA. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 26-28 Ellen Street West BACKGROUND: The subject property located at 26-28 Ellen Street West is designated as Low Rise Residential Preservation in the Civic Centre Secondary Plan in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) with Special Use Provision 127U in Zoning By-law 85-1. The property is located in the Civic Centre Neighbourhood Heritage Conservation District. The applicant has submitted an application for a Heritage permit and has provided a Heritage Assessment Technical Memo with this application. 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 Low Rise Residential Preservation in the Civic Centre Secondary Plan in the Official Plan. This designation aims to retain the existing single detached residential character of the neighbourhood and the preservation of existing housing stock is encouraged. The proposal intends to retain this character by keeping the building as a single detached dwelling. The designation also stipulates that additions should not be in the front or side yards, which this application is compliant with as the addition is proposed to be in the rear yard only. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation restricts additions to 25% of the gross floor area of the existing building is to preserve the heritage character of the neighbourhood. Staff have reviewed the heritage assessment technical memo and is in agreement with the summary that the proposed addition is in keeping with the guidelines and recommended practices outlined in the Civic Centre Heritage Conservation District for additions. Staff acknowledge that there will be minimal impacts to the streetscape as the addition is located in the rear yard of the subject property. 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 addition meets all other regulations in the Residential Five Zone (R-5). Staff acknowledge that the large size of the lot (915M2) provides more than adequate space for a rear yard addition as proposed and can continue to provide substantial landscaped amenity space in the rear yard. Staff consider the requested variance to be appropriate. Is the Variance Minor? 4. The proposed addition represents a small portion of the existing rear yard. The proposed addition is not expected to have adverse impacts to the streetscape or the abutting properties, as the addition will not be visible from the street and the side and rear yard setbacks are greatly exceeded. Therefore the requested variance is considered minor. City Planning staff conducted a site inspection of the property on October 1, 2021. View of Existing Single Detached Dwelling (October 1, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling 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: The subject property municipally addressed as 26-28 Ellen Street West is located within the Civic Centre Neighbourhood Heritage Conservation District (CCNHCD) and designated under Part V of the Ontario Heritage Act. A Heritage Permit Application for the construction of a two-storey rear yard addition has been submitted and is under review. The construction of the proposed rear yard addition is generally in keeping with the policies and guidelines of the CCNHCD Plan. The policies and guidelines of the CCNHCD Plan do not restrict ground floor area based on the ground floor area of an existing building, however the policies provide clear direction on location, form, height, design details, and materials. The proposed addition is not expected to adversely impact the existing dwelling or the character of the CCNHCD. The proportions, materials, location, and design details of the proposed addition are in keeping with the provisions of 6.5.1 of the CCNHCD Plan. Environmental Comments: A tree management plan shall be required to assess and make recommendations regarding shared ownership trees. 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. October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19th, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Zhang, Tara, Technical Assistant 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: October 8th, 2021 REPORT NO.: DSD -2021- 209 SUBJECT: Minor Variance Application A2021-108 102 Fenwick Court Owner — Julie Diane Legg and Taylor Robert James Macgregor RECOMMENDATION: That minor variance application A2021-108 requesting permission to construct a deck in the rear yard of an existing single detached dwelling having a side yard setback of 0.43 metres rather than the required 1.2 metres, be approved, subject to the following conditions: 1) That the Owner applies for a building permit from the Building Division. 2) That due to the proximity of tree(s) in shared ownership, the Owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any demolition, tree removal, grading or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area, and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 102 Fenwick Crt BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Areas in the Urban Structure Map. The property is zoned Residential Three (R-4) in the By-law 85-1. REPORT: Planning Comments: In considering the four tests for the 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 requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced side yard setback 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. 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 intent of the 1.2 metre side yard setback is to ensure adequate access to the rear yard. The variance is only requested for the north side yard setback, while the south side yard setback will still meet the 1.2 metre setback required. The reduction in the north side yard setback will have a minimal effect as access to the rear yard is maintained through the south side yard. No impacts to the neighbouring property are anticipated. Is the Variance Minor? The reduction of the side yard setback is considered minor. Staff is of the opinion that the requested variance will provide adequate amenity space and will not negatively affect the adjacent properties or surrounding neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. A reduced side yard setback and will not negatively impact the character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on October 7th 2021 Street view of Subject Property Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the deck garage to the single detached dwelling. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Engineering Comments: No concerns. Operations Comments: No concerns. Environmental Planning 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. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 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: October 8, 2021 REPORT NO.: DSD -2021-206 SUBJECT: Minor Variance Application A2021-109 388 King Street East Owner — 388 King Kitchener Inc. RECOMMENDATION: That Minor Variance Application A2021-109 for 388 King Street East, requesting to provide zero parking spaces for 129 sq.m. of restaurant use, whereas 14 parking spaces are required (1 space per 7.5 sq.m., plus a 20% reduction in the MU -2 Zone), be approved, subject to the following conditions: 1. That the Owner shall apply for and obtain approval of an amendment to Site Plan Application SP18/051/K/AP, to the satisfaction of the City's Director of Planning. This approval shall apply only to the development proposed through said amended site plan application. 2. That the Owner shall apply for and obtain a Zoning Occupancy Certificate from the City's Director of Planning; and 3. That Conditions 1 and 2, above, shall be completed by October 19, 2022. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. REPORT HIGHLIGHTS: The applicant is requesting approval of the subject Minor Variance Application to provide zero parking spaces for 129 sq.m. of restaurant use, whereas 14 parking spaces are required. If authorized, the variance would permit the two ground floor commercial units to be used for restaurant purposes. BACKGROUND: The subject property is located on the northeast side of King Street East, between Cedar Street North and Madison Avenue, in the King East Planning Community. Cedar Street is *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. approximately 50 metres to the northwest and is the boundary of downtown, as defined by the 2014 Official Plan. The Kitchener Market is located on Cedar Street. Drewlo Holdings is currently constructing a large redevelopment project on the opposite side of King Street / Madison Avenue. The surrounding area is composed of a wide variety of building forms and land uses, including residential, commercial, and institutional uses. The property is designated Mixed Use Corridor in the King Street East Secondary Plan (note that although the mapping shows that Special Policy Area #1 applies, the corresponding policies were deleted through OPA 111). In addition, the property is identified as being within a Major Transit Station Area (MTSA) on Map 2 (Urban Structure) of the 2014 Official Plan. The property is zoned Medium Intensity Mixed Use Corridor Zone (MU -2) in By-law 85-1. It should be noted that the property is within the study area for the King Street East Neighbourhood Planning Review. City Planning staff visited the property on October 1, 2021. Location Map (subject property is outlined in white) REPORT: Planning Comments: In May 2018, the applicant submitted Site Plan Application SP18/051/K/AP to allow the subject property to be developed with a 7 -storey mixed-use building with two, small ground floor retail units, six upper storeys of residential use (12 dwelling units per floor for a total of 72 units); an internal, main floor stackable parking system; and a rooftop amenity space. In August 2018, to facilitate the Site Plan Application, the applicant submitted Minor Variance Application A2018-077, for the following: 1. To permit 48 off-street parking spaces (0.7 space/per-unit) for multiple dwelling units, whereas the Zoning By-law requires 72 off-street parking spaces (1.0 space/per-unit); 2. To permit 5 off-street visitor parking spaces (i.e., 7% of required multiple dwelling parking), whereas the Zoning By-law requires 10 off-street visitor parking spaces (i.e., 20%); 3. To permit 0 parking spaces for 114 square metres of retail use, whereas the Zoning By- law requires 5 retail parking spaces [(114 square metres retail GFA / 20.0) — 20%]; and 4. To permit supported balconies in the rear yard, whereas the By-law does not permit supported balconies in the rear yard. The Committee of Adjustment approved the variance, subject to conditions, including that the owner enter into an agreement to require certain Transportation Demand Management measures to be implemented to mitigate impacts from the parking reduction. Specifically, these TDM measures included requirements for unbundled parking, secure bicycle parking spaces, and transit passes, to the satisfaction of the Director of Transportation Services. This agreement was registered on February 20, 2019. On February 25, 2019, a Site Plan revision was approved (see approved Site Plan drawings, attached), for several minor revisions, including a slight increase in the total areas of the retail units from 114 sq.m. to 129 sq.m. (i.e., one 60 sq.m. unit and one 69 sq.m. unit) and in late 2019, the project received final Site Plan Approval. The building is currently under construction. Photo of the front of the subject property taken from King Street East The Site Plan Application and Minor Variance Application contemplated that the two ground floor units would be used for retail purposes and parking was planned accordingly. However, the applicant is now seeking to use these units for restaurant use, rather than retail use. While restaurant use is permitted under the MU -2 Zone, the minimum parking ratio for restaurant use (1 space per 7.5 sq.m., plus a 20% reduction in the MU -2 Zone) is higher than it is for retail use (1 space per 20.0 sq.m., plus a 20% reduction in the MU -2 Zone). The applicant advises that these commercial units are generally conducive to "take out restaurant" uses since there is not sufficient space to facilitate a kitchen and a seating area, so patrons will only attend these units for a brief period to pick up their food and leave. Accordingly, the applicant is now requesting approval of the subject Minor Variance Application to provide zero parking spaces for 129 sq.m. of restaurant use, whereas 14 parking spaces are required (1 space per 7.5 sq.m., plus a 20% reduction in the MU -2 Zone). In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent and Purpose of Official Plan Test The following King Street East Secondary Plan policies apply to the subject variance: Mixed Use Corridors are linear in form and recognize the evolution of uses along major corridors in the inner city. These corridors are primarily intended to serve the adjacent residential neighbourhoods and employment areas and allow for intensive, transit supportive development. Mixed Use Corridors provide residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. Individual properties within Mixed Use Corridors shall be zoned to achieve this distribution of uses. A broad range of commercial uses shall be permitted, including freestanding office and small retail. In addition, the following Major Transit Station Area policies of the 2014 Official Plan apply: 13.C.8.1. Parking standards and regulations for all types of land uses will be provided in the City's zoning by-law. Specific uses may be required to provide easily accessible parking for electric and hybrid vehicles, carpool/vanpool/car share and bicycles. Minimum and maximum parking standards may be defined, as appropriate, to maximize the efficient use of land, and promote active transportation and the use of public transit. 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. In the subject case, the general intent of the Official Plan is to ensure that adequate off-site parking is provided. The subject property is within a Major Transit Station Area (MTSA), and has excellent access to many alternate forms of transportation, including, for example, the ION system (Kitchener Market Station is within 200m); GRT bus routes, including Routes 3, 7, and 8; GO Transit (Weber Street Station is within 1.5km); and pedestrian and cycling facilities (e.g., Iron Horse Trail). Moreover, Transportation Services has advised that it has no concerns with the requested variance, noting that there is existing on -street parking in the area and no seating for customers, since the ground floor commercial space will function as a "take out restaurant". In addition, the Official Plan contemplates that lands designated Mixed Use Corridor are to serve the adjacent residential neighbourhoods and permit a broad range of commercial uses. Planning staff suggests that the proposed use would help to achieve these objectives. Planning staff is of the opinion that the variance meets the general intent and purpose of the Official Plan. General Intent and Purpose of Zoninq By-law Test In the subject case, the general intent of the Zoning By-law is to ensure that parking demand is met by adequate off-site parking is provided. See General Intent and Purpose of Official Plan Test section, above. Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By-law. "Minor" Test The requested adjacent uses properties and use for "take c above. variance is minor in that it will not create unacceptably adverse impacts on or lands. The parking variance will have a negligible impact on adjacent the adjacent street network, especially considering the nature of the restaurant ut" only and the abundance of alternative forms of transaortation. as outlined Desirability for Appropriate Development of the Land Test The requested variance, if approved, will facilitate the establishment of two restaurant spaces within a mixed-use building. The proposed restaurant use will assist in achieving the King Street East Secondary Plan objectives to serve the adjacent residential neighbourhoods, provide residential redevelopment opportunities together with appropriate commercial uses that primarily serve adjacent residential neighbourhoods, and to permit a broad range of commercial uses. For the abovementioned reasons, Planning staff is of the opinion that the variance request is j ustified. Heritage Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 388 King Street is located within the Central Frederick Neighbourhood CHL. 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. Environmental Planning Comments: No natural heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Services Comments: Engineering Services has no comments. Transportation Services Comments: After reviewing MHBC's letter (September 16, 2021) that included a section on parking justification, Transportation Services can support the requested parking reduction of zero parking spaces for the restaurant use, based on existing on -street parking in the area and no seating for customers, as the site will function as a "take out restaurant". 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. PREVIOUS REPORTS/AUTHORITIES: • Minor Variance Application A2018-077 • Site Plan Application SP18/051/K/AP Attachments: Attachment A — Schedule to Approved Site Plan — 1St Floor Plan Attachment B — Approved Site Plan Drawing CL J W) 1 Ljj bo ❑ v, a CW7 Cw7 LM N O OD co K M LL (vii c7j co W F coLU`$ N N 7 i ¢ In 500'E 009'SL OOffZ LLJ V e - O 1 1 a W x : a an I n zZ a z2 as ,y W H q J "W z I _ do� W 1 GARBC AGE RM I F z LU Q 4. a I �a PoRA �� n� w I _W ~LL ' O CL 1 $ 1 W 0 V � I rv�i•I `n� n�. � S's 's n r o N LU 7 I W rid r � I 7 I O 14 N f IIIII I I T > > O o n OOL'9 ` u ® u W W lJ.l I I 'll V�7 I P 1 O I .. p' I n L_.� -,_-- -- 'a / 06111 40C•9 SiE'�I W.2 © pfmj7p BU V n- C ❑ ti v V z a KING STREET EAS s E O V � V w aCLt GV w � W PV u 0 v to L6 Y � U oo OD 00 cn r M I M G^'❑ J_ 4 '� 1 W 07 Q S7 LU U, N i V aW craw c'a ~ ©2 Ir WF Y r 4 U.1 LLJ IX SOi'IE 7 oas x U- L. F- = f f � r svo E 1 oos ss �� zW f • Q /_w�, I a o € k m W I o -U N W p L1 n4.. N ° z s W� N Za ■� W I u Y uj LL N I — J Oce z z W I o F® Q Z U g Z �2 FY ❑ zr a F� C7 V] a C9 1 �LL N i m 1 W d ��w NVQ r� in a c �O� o uQi a w S I 4 EEG a a a [7 N ❑ � x ,IliaLU w v R a c 'n <L H e vi p II 77� 7175 Y V "[`I i 2 N! Z 061'SI OQL'9 'SZE'01 L y oW Y Y oW � W �i r7f A' a KING STREET EAST F j a G C 3 F `p •q nl N v a a a W k a a CY na zo m F 0: 2 a. �0=� mt; N OSN V n C: C�7 F C9 W -12 <m W H� UU¢ d = W F d W m U ¢ W' Ir tl)0 G fI7 co X l) �, k i5 M W y Z C% 'v U c o�ev Z U LU �E .a 'a. U K :FB bLo 00 �L V ■ QFaa'y��as�� i C LLJ��� �� �'� d� W �z 5z so 5" op 00 7, nSU�° sm wa:w cacza 00 CID H rre) October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 www. kitchener ca PREPARED BY: Thompson, Lisa, Planning Technician, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: October 6, 2021 REPORT NO.: DSD -2021-194 SUBJECT: Minor Variance Application A2021-110 125 Seabrook Drive Owner - 2427101 Ontario Inc. (Ahmad Masri) Applicant - Rupa Idzik RECOMMENDATION: That application A 2021-110 requesting permission to permit an Educational Establishment (commercial school) in an existing commercial plaza zoned C-1 (331U) whereas the By-law does not permit educational establishment in the C-1 zone, be approved, subject to the following conditions: 1. That the use of Educational Establishment shall be permitted to occupy a maximum of 122 square metres of the existing plaza in the space identified as "Unit E"; and 2. That the applicant shall obtain a Zoning Occupancy Certificate prior to occupancy of the unit. 3. That the owner applies for an interior renovation permit to the satisfaction of the Chief Building Official. REPORT HIGHLIGHTS: The applicant is requesting permission to permit the use of "Educational Establishment" for a commercial school in an existing commercial plaza zoned C-1 (331 U) whereas the By-law does not permit educational establishment in the C-1 zone. The subject property is located on the south-east leg of the roundabout at Fischer Hallman Road and Seabrook Drive. It is presently developed with a small commercial plaza and associated parking lot. There is additional vacant land on the site that has yet to be developed. BACKGROUND: The property is designated as Mixed Use 1 in the City's Official Plan and identified as Corridor on the Rosenberg Secondary Plan - Community Structure Plan. The property is zoned as Convenience Commercial (C-1) in Zoning By-law 85-1 with Special Use Provision 331 U which prohibits a gas bar use on the property. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Staff note that the C-1 zoning of the property is not in conformity with the Official Plan Designation as this property has not been brought into the City's new Zoning By-law 2019-051. Lands within the City's Secondary Plan areas will be re -zoned in the near future at which time the zoning and official plan designation will be in conformity with one another. Staff visited the site on October 5, 2021. Location Map 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 property is designated Mixed Use 1 in the City's Official Plan and classified as a Corridor in the Rosenberg Secondary Plan. Lands within the Mixed Use 1 designation are generally intended to provide small-scale commercial uses at neighbourhood gateway locations supplemented with multiple residential and other non- residential uses. Permitted non-residential, neighbourhood -oriented uses include retail, office, financial establishments, personal services, restaurants, health related uses, studio, craftsman shop as well as Educational Establishments, day care, religious institutions, and museums up to 25% of a mixed-use building or plaza. The proposed educational establishment is intended to occupy Unit E of the existing plaza which has an area of 122 square metres while the plaza has a total area of 994 square metres. The proposed use would occupy 12% of the building. With educational establishments listed as a permitted use and the scale of the proposed commercial school aligns with the neighbourhood -oriented uses, it is staffs opinion that the variance meets the intent of the Official Plan. General Intent of the Zoning By-law The subject lands are zoned C-1 (331 U) in By-law 85-1. This zone permits a variety of commercial uses including convenience retail, financial establishment, health office, personal services, and restaurant. It is important to note that this property has not been re -zoned to be in conformity with the City's new Official Plan yet. Staff are of the opinion that a small educational establishment operating as a commercial school will maintain the intent of the zoning by-law as the use would be used similarly or less intensely than the other permitted uses. The proposed commercial school use would function more as an "office" type use rather than how a typical school would operate. In consideration of the above noted information, staff are satisfied that the use maintains the general intent of the zoning by-law. Minor As the proposed educational establishment will only occupy 12% of building area (122 square metres) and the Official Plan permits the use up to 25% of the building's floor area, staff is satisfied that the requested variance is minor. Appropriate Development The existing multi -tenant plaza is occupied by a variety of commercial uses which has ample parking on site to support the uses along with access to public transportation, staff consider the addition of 122 square metres of educational establishment as appropriate for the plaza. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the interior renovation to Unit E 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. Engineering Comments: Engineering has 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 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. October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 7, 2021 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 4 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -2021-200 SUBJECT: Minor Variance Application A2021-111 52 Anvil Street Owner — Michael and AnnMarie Grundy RECOMMENDATION: That application A2021-111 requesting permission to convert the garage of a single detached dwelling into a duplex having 1 off-street parking space located 0.5 metres from the front lot line rather than the required 6 metres, subject to the following conditions: 1) That the Owner applies for a Building Permit prior to construction to the satisfaction of the Building Division. 2) That the new door facing Anvil Street be inset from the front fagade a minimum of 1 metre (any change to this setback to be approved by the Planning Division staff); and, 3) That the conditions noted above be completed by May 1, 2022. 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 condition 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. 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. 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 duplex dwelling will maintain a minimum of two off-street parking spaces and this will achieve the general intent of the Official Plan. General Intent of the Zonina By-law 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 and there will remain two legal size parking spaces (minimum 2.6 x 5.5 metres each) in the existing driveway in front of the building with a setback for both spaces 0.5 metres. It is noted that for a duplex use, only one parking space is required to be located a minimum of 6 metres from the front lot line. The other parking space may be located 0 metre from the front lot line. Therefore, this application concerns one space only. As shown on the submitted parking plan, there will remain sufficient setback for both parking spaces to meet the intent of the bylaw. 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 0.6 metres, there will be sufficient room for both required parking spaces for the duplex use and the application may be considered minor. Is the Variance Appropriate? Staff note that the existing driveway can accommodate two vehicles but that the setback of the cars from the front fagade will be close to the building. To ensure that people using the new door at the driveway level are not walking directly into a vehicle, staff are recommending that the new door be inset from the fagade. The applicant has submitted a proposed elevation plan below. The applicant notes that the door is to be inset 1 metre. This will provide a safe area for entering and exiting the unit. Subject to this condition, Planning staff are in support of the application and are of the opinion that the variance is appropriate development for the subject property and the surrounding residential neighbourhood. 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 Comments: Transportation Services can support a 0.50 metre parking setback from the required 6.0 metre parking setback, as noted within the application. Heritage Comments: No comments. Engineering Comments: No comments. Environmental Planning 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 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. October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 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: October 8, 2021 REPORT NO.: DSD -2021-207 SUBJECT: Minor Variance Application A2021-112 135 Wellington Street North Owner —1001235 Ontario Ltd. (c/o Paul Hannoush) RECOMMENDATION: That Minor Variance Application A2021-112 for 135 Wellington Street North, requesting relief from Section 6.1.2(a) of Zoning By-law 85-1, to permit a minimum off-street parking ratio of 1.2 spaces/unit, rather than 1.25 spaces/unit, be approved, subject to the following conditions: That the Owner shall apply for and obtain approval of an amendment to Site Plan Application SP19/034/W/AP, to the satisfaction of the City's Director of Planning. This approval shall apply only to the development proposed through said amended Site Plan Application. 2. That the Owner shall apply for and obtain a Zoning Occupancy Certificate from the City's Director of Planning; and 3. That Conditions 1 and 2, above, shall be completed by October 19, 2022. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. REPORT HIGHLIGHTS: The applicant is requesting a Minor Variance Application for relief from Section 6.1.2(a) of Zoning By-law 85-1, to permit a minimum off-street parking ratio of 1.2 spaces/unit, rather than 1.25 spaces/unit. If authorized, this variance would facilitate the development of an addition to an existing multiple dwelling. BACKGROUND: The subject property is located on the south side of Wellington Street North in the Mt. Hope Huron Park Planning Community. The surrounding lands to the north, west, and east are *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. composed of a wide variety of low density residential land uses, including, for example, low rise multiple dwellings, townhouses, duplexes, and single detached dwellings. The lands immediately to the south are composed of mainly industrial properties. The property is designated Low Rise Residential in the Official Plan and zoned Residential Six Zone (R-6) in By-law 85-1. The property is identified as being within a Major Transit Station Area (MTSA) on Map 2 (Urban Structure) of the Official Plan. City Planning staff visited the property on October 1, 2021. Location Map (subject property is outlined in white) REPORT: Planning Comments: On December 20, 2019 the property received final Site Plan Approval (Site Plan Application SP19/034/W/AP) for the construction of a 5 -unit addition onto the rear of the existing 5 -unit multiple dwelling, to achieve a 10 -unit multiple dwelling. The parking for the dwelling is located at the rear of the property and is accessible via a driveway from Wellington Street and via the City -owned lane to the south. The approved Site Plan shows a garage within the ground floor of the addition, that is accessed via two overhead doors, and can accommodate three vehicles. The addition and associated site works are currently under construction. The addition is being constructed in accordance with an Ontario Municipal Board (now Ontario Land Tribunal) decision, issued on December 7, 2007, which authorizes Minor Variance Application A2007- 048, to permit the building to have a maximum Floor Space Ratio (FSR) of 0.91, rather than the 0.6 FSR as regulated in the R-6 Zone (OMB Case No. PL070701). The applicant advises that during the construction phase of the addition, unforeseen complications arose with the plumbing layout in the rear yard garage related to ceiling height. The applicant identified two potential solutions: 1. Completely remove the plumbing layout in the garage and replace with a re -designed mechanical pump -based system at considerable cost, time, and reconstruction; or 2. Pursue a Minor Variance Application to reduce the minimum parking ratio from 1.25 to 1.2, thereby allowing the applicant to remove 1 of the garage parking spaces to free up the space required to box in/separate the plumbing from the garage area and solve the height issue. Photo of the rear of the subject property, looking towards the recently constructed addition. The two garage bay doors are visible on the ground floor. To resolve the plumbing complications, the applicant decided to submit the subject Minor Variance Application for relief from Section 6.1.2(a) of Zoning By-law 85-1, to permit a minimum off-street parking ratio of 1.2 spaces/unit rather than the ratio of 1.25 spaces/unit. This would reduce the required number of parking spaces from 13 to 12 for the 10 -unit multiple dwelling. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent and Purpose of Official Plan Test The following Official Plan policies apply to the subject variance: 13.C.8.1. Parking standards and regulations for all types of land uses will be provided in the City's zoning by-law. Specific uses may be required to provide easily accessible parking for electric and hybrid vehicles, carpool/vanpool/car share and bicycles. Minimum and maximum parking standards may be defined, as appropriate, to maximize the efficient use of land, and promote active transportation and the use of public transit. 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. In the subject case, the general intent of the Official Plan is to ensure that adequate off-site parking is provided. The subject property is within a Major Transit Station Area (MTSA), and has excellent access to many alternate forms of transportation, including, for example, the ION system (Central Station is within 600m); GRT bus routes, including the 204 iXpress Route, and Routes 6, 7, and 8; GO Transit (Weber Street Station is within 550m); and pedestrian and cycling facilities (e.g. Spurline Trail and Iron Horse Trail). Moreover, Transportation Services has advised that it has no concerns with the requested parking relief and that the proposed parking rate meets the intent of incoming Zoning By-law 2019-051 (approved, though not yet applied to the subject property). Planning staff is of the opinion that the variance meets the general intent and purpose of the Official Plan. General Intent and Purpose of Zoninq By-law Test In the subject case, the general intent of the Zoning By-law is to ensure that parking demand is met by adequate off-site parking is provided. Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By-law. "Minor" Test The requested variance is minor in that it will not create unacceptably adverse impacts on adjacent uses or lands. The reduction of one parking space will have a negligible impact on adjacent properties and the adjacent street network, especially considering the abundance of alternative forms of transportation, as outlined above. Desirability for Appropriate Development of the Land Test The requested variance, if approved, will facilitate the development of an addition to an existing multiple dwelling, thereby yielding a total of 10 dwelling units. This development will assist the city by providing additional housing supply during the current national housing crisis. For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified. Heritage Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 135 Wellington Street is located within the Mount Hope / Breithaupt Neighbourhood CHL. 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. Environmental Planning Comments: No natural heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Services Comments: Engineering Services has no comments. Transportation Services Comments: While the proposed parking rate of 1.2 spaces per unit is lower than the current parking requirement under zoning by-law 85-1, the proposed parking rate would meet the intent of the future zoning by-law for this use. Therefore, Transportation Services can support the proposed parking rate of 1.2 spaces per unit. 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: Minor Variance Application A2007-048 Ontario Municipal Board decision, issued on December 7, 2007, (OMB Case No. PL070701) Site Plan Application SP19/034/W/AP Attachments: Attachment A — Approved Site Plan Drawing W WNGTON STREET NORTH 0, • j ue AN # WELl1NCTtNJ ST NORTH "ri ■uu ml �rillll 1111■ �ii;111 IINICII til! Ila�ill y ; poured poured concrete cunt • ronsnwo em' w.e •' REa>ceo SITE PLAN APPLICATION No.SP10341W1AP SITE PLAN LEGAL DESCRIPTION:LOT 76,REG.PLAN 376 1001235 ONTARIO LTD. SCALE 1150 City of Kitchener caaPae, 133-135 WELLINGTON ST N n.rasro 0MLOPMU I sv,mo9awar'anc Asphalt . 24a5s7Z--2ax � yea ms.s.W. 121%s ntPeelNim$.& A SVq p%3 322 DUKE + RARPING PEW IEBm: S% Parpnp apa,3 w I xume.,woa r . PF P.Wg 71 Pae dng Spw uw Ran DW mbr&1am6.5t � MULTVF�MDOOM 1' rwmea<wlxr�,m Note: All to he — — — rwm sreu RM49m asphalt areas Fg FSR CgW¢yuc 3x513 8xf%.'rdE13q� defined with 4.15m high $ 3 e ;".090 poured poured concrete cunt • ronsnwo em' w.e •' REa>ceo SITE PLAN APPLICATION No.SP10341W1AP SITE PLAN LEGAL DESCRIPTION:LOT 76,REG.PLAN 376 1001235 ONTARIO LTD. SCALE 1150 City of Kitchener caaPae, 133-135 WELLINGTON ST N n.rasro 0MLOPMU I sv,mo9awar'anc October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 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 1 DATE OF REPORT: October 11, 2021 REPORT NO.: DSD -2021-201 SUBJECT: Minor Variance Application A2021-113 1421 Victoria Street North Owner — Alkier Motor Sport Group Applicant — Kristen Barisdale / GSP Group Inc. RECOMMENDATION: That application A2021-113 requesting permission for a commercial use to operate in an existing commercial building having 19 parking spaces rather than the required 29 spaces, be approved, subject to the following conditions: a. That a Zoning (Occupancy) Certificate is submitted to the Planning Division; b. That the Owner applies for a building permit prior to construction to the satisfaction of the Building Division; c. That the variance is for the proposed craftsman shop, office and retail use only; and, d. That variances noted above be completed by May 1, 2022. 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. Location Map BACKGROUND: The property is designated as Commercial in the City's Official Plan and identified as Urban Corridor on the Urban Structure Map. The property is zoned as COM -2 (109) (General Commercial) in Zoning By-law 2019-051. 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: View of property from corner of Victoria St N and Smetana Dr General Intent of the Official Plan The intent of the Commercial designation is to serve a city or community commercial function in an auto -oriented area. The Urban Corridor designation in the Urban Structure map is to provide a range of retail and commercial uses that should be transit -supportive and functions as a `spine of the community' as well as a destination for surrounding neighbourhoods. The proposed parking variance will provide sufficient parking for customers and staff and there is also transit available on this Regional road. Staff are of the opinion that the intent of the Official Plan is met. General Intent of the Zoning By-law The intent of the Zoning By-law is to ensure that there is sufficient parking for a use. The proposed business will occupy the existing building with approximately 25% floor area for retail, 25% office space and 50% craftsman shop (including storage). There are to be four full-time employees and two seasonal employees. The applicant has advised that the business would require a total of 13 spaces to accommodate their employees and the retail component of the business. As well, it is noted that Victoria Street is well supported with public transit as an option to visit the site. Staff are of the opinion that the general intent of the by-law is met. Is the Variance Minor? As there is sufficient parking onsite and the surrounding area will not be impacted, staff are of the opinion that the variance is minor. Is the Variance Appropriate? As noted above, the parking provided is sufficient for the proposed use and there is sufficient bus transportation on the street. There would be no negative impact on the surrounding street or neighbourhood. In addition, Transportation Planning staff have no concerns with the variance. Staff are of the opinion that the variance is appropriate. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the renovations is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: After reviewing the rational provided within the application to reduce the parking rate, Transportation Services can support the requested parking reduction to 19 parking spaces from the required 29 parking spaces, based on their business model of number of employees and expected customers. Heritage Comments: No comments. Engineering Comments: No comments. Environmental Planning 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 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. October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 C>( and Rey Cl) 0 7 ��~yation Pj 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 PLAN REVIEW REPORT: City of Kitchener Sarah Goldrup DATE: October 5, 2021 YOUR FILE: A2021-113 GRCA FILE: A2021-113 — 1421 Victoria Street North RE: Application for Minor Variance A2021-113 1421 Victoria Street North, City of Kitchener Rick Willms GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor variance application. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the subject property is adjacent to Kolb Creek and contains the regulated allowance adjacent to the watercourse and floodplain. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: It is our understanding that the applicant is requesting a reduction in the number of required parking spaces to facilitate a new business within the existing building. GRCA staff have no objections to the intent of the application and we do not anticipate any impacts to the adjacent watercourse or floodplain as a result of this application. Due to the features noted above, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development within the regulated area on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-113 - Page 1 of 2 1421 Victoria Street North\A2021-113 - 1421 Victoria Street North.docx Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River 3. Plan Review Fees: This application is considered a `minor' minor variance and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280.00. The applicant will be invoiced in the amount of $280.00 under separate cover. Should you have any questions or require further information, please do not hesitate to contact me at 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, C T Resource Planning Technician Grand River Conservation Authority Encl. * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority cc: Rick Willms (via email only) Kristen Barisdale, GSP Group Inc. (via email only) NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-113 - Page 2 of 2 1421 Victoria Street North\A2021-113 - 1421 Victoria Street North.docx Z-< c N (6 n L O O N 0 fB U Q o� 000 - E it L O N > y-+ U m U o YY o� pro v�= i6 L L - = s '2 fB O N O a (7 o Q° Q (7 `° F u-oi �; ¢' a - v o" q cu Z w Q .� Q o .� E o E Q ° `o v o o -w 3 i y co m () m o Q Q U Q ° o C o Q m ;� > r - 3 Q E d (� o o o r> o �LN� v e 5�` 0. - N (7 () ° o C? o LL to 0 w - - C C7 o a -°i a -°i o � CD Qin Q � in (D (D (D (D Q g Y ` = o O m m m° �? .m - Q o D° ao 4 0 o w w w w Q " o A� - ^ U m m m w w Q U) ° n O n o O o 0 0 0 0 o a '>-' Y Y Y Y v NO > -p ®. ®. ®® Q .---_ Q J J J J d N m N v N .- r q O c N N zoo as as�&� �v=oa a��a � m�q- LLE �q a 0 z A a N �. G U O u U S S v F v s Z C) 0 r .■ s I Q � I P Z y �_ ■r � - �� iii 7,'"�5" w U N a�. N I � S r. y V a m 0 � y U '; m Staff Report Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 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 1 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -2021-191 SUBJECT: Consent Application B2021-044 51 Nelson Avenue Owner & Applicant: John Mesina c/o Parkwood Homes (KW) Ltd. RECOMMENDATION: That application B2021-044 for consent to sever the existing lot into two new lots for purposes of creating a lot for each unit in a semi-detached dwelling 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 $7,254.20. 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 the Owner makes financial arrangements to the satisfaction of the City's Transportation and Engineering Division for the funds for the future sidewalk for the entire severed portion of lands fronting Schweitzer Street. 6. That any new driveways are to be built to City of Kitchener standards at the Owner's *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. 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. 9. 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. 10. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: • The purpose of this report is to make a recommendation for the proposed request to to create a lot by severing an existing lot into two lots. • There are no financial implications to the City. • This report supports the delivery of core services •.5Z h = PART 2 �F- e X19 j I'B ' 29.1'4-111 5.62 To be severed � m ofi � aE g a 7 Q3 P9 p ti N � LL d£ w'civ s& To be retained (uecs) T1_957_40 �f N24'52'20 -W �Tcc i Proposed lot fabric w .� w� m ti q o n(r] ly [} d 4.5] w W N � � PART t LLJ w •.5Z h = PART 2 �F- e X19 j I'B ' 29.1'4-111 5.62 To be severed � m ofi � aE g a 7 Q3 P9 p ti N � LL d£ w'civ s& To be retained (uecs) T1_957_40 �f N24'52'20 -W �Tcc i Proposed lot fabric Location Map: 51 Nelson Avenue REPORT: 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 in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property has been demolished and is being replaced with a new semi-detached dwelling 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 lots. The severed lot would have a lot width of 15.77 metres, a depth of 23.77 metres, and an area of 374.85 square metres. The retained lot would have a lot width of 23.77 metres, a depth of 20.19 metres, and an area of 479.92 square metres. City Planning staff conducted a site inspection of the property on October 1, 2021 Existing semi-detached dwelling at 51 Nelson Avenue 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 two separate lots for each side of the semi-detached dwelling is 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. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Heritage Comments: Heritage Planning has no concerns with this application. Environmental Planning Comments: Environmental Planning has no concerns with this application. Transportation Services Comments: Funds for future sidewalk be provided to Engineering for the entire severed portion of lands fronting Schweitzer Street. 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 Niall Melanson(niall.melanson(a)-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: 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 dedication required is $7,254.20. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (15.5m) at a land value of $9,200 per frontage meter. 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: The property was granted a minor variance in 2020, (A2020-020) to permit the construction of a semi-detached dwelling within the R-3 zoning. 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 October 12, 2021 Re: Comments for Consent Application B2021-044, B2021-046, 62021- 047, B2021-054, and B2021-055 Committee of Adjustment Hearing October 19, 2021 CITY OF KITCHENER B2021-044 51 Nelson Avenue Parkwood Homes (KW) Ltd / John Mesina The owner/applicant is proposing to sever the semi-detached dwelling into two legal parcels. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 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. Document Number: 3846480 B2021-046 74 Admiral Road 2611601 Ontario Inc. The owner/applicant is proposing to sever the lot into two lots with the intention of demolishing the current house and building semi -duplex dwelling on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-047 81 Fifth Avenue Branislav and Sanja Mikan / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels to allow for the development of 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. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(o�regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. Document Number: 3846480 B2021-054 74 Rutherford Drive Mirjana and Pero Perencevic / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-055 134 Woolwich Street James and Sue Roberts / A. Sinclair and K. Wills (MHBC) The owner/applicant is proposing to sever a 2,820m2 area from 134 Woolwich Street and add the severed portion to 124 Woolwich Street. Environmental Noise (Advisory Comments): Regional Corridor Planning staff note that any future development on the lands to be severed requiring a zone change or plan of condominium will be required to undertake an environmental noise study to assess potential transportation related noise from the municipal street system in the vicinity of the subject lands. The owners/applicants are responsible to ensure that any future development does not have any environmental noise impacts. Regional Staff may offer a more detailed evaluation and/or alternative Document Number: 3846480 options once more detailed development plans are available should future development on the severed lands be considered. The Region has no objection to the proposed application. 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: 3846480 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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: October 19, 2021 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 9 DATE OF REPORT: October 14, 2021 REPORT NO.: DSD -2021-208 SUBJECT: Consent Application B2021-045 Address: 35 Coral Crescent Owners: 2611601 Ontario Inc. RECOMMENDATION: 1) That Consent Application B2021-045, for 35 Coral Crescent, requesting consent to create a new lot (i.e., the severed lot) with an approximate lot width of 9.5 metres, a depth ranging between 58.5 metres and 59.1 metres, and an area of 555.3 square metres, 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 properties to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $4,270.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 4. With respect to the City -owned tree that is located adjacent to the severed and retained lands, the owner shall fulfill one of the following two requirements: a. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: i. That the owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City - owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the City's Director Parks & *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. ii. The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building permits, to the satisfaction of the City's Director Parks & Cemeteries. iii. The owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life the development. OR b. Make arrangements regarding financial compensation for the tree to be removed, to the satisfaction of the City's Director of Parks & Cemeteries. 5. The owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: a. That the owner shall prepare a Tree Preservation Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The owner further agrees to implement the approved Tree Preservation Plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. c. The owner agrees to maintain the severed and retained lands, in accordance with the approved Tree Preservation Plan, for the life the development. 6. With respect to the single detached dwelling existing as of October 1, 2021, the owner shall obtain demolition control approval from the City's Planning Division, shall obtain a demolition permit from the Chief Building Official, and shall demolish said dwelling. 7. The owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed and retained lands. 8. The owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 9. The owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 10. The owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands, or otherwise receive relief from Engineering Services for this requirement. 11. That the owner shall file a Record of Site Condition (RSC) for both the retained and severed lands. In addition, the owner shall submit to the Region of Waterloo a copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks, to the satisfaction of the Region of Waterloo. 12. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. Figure 1. Aerial photo showing the subject property. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a consent application to create a new lot to allow the redevelopment of the lands with one duplex on the severed lot and one duplex on the retained lot. There are no financial implications to the City. This report supports the delivery of core services. BACKGROUND: This report is being brought forward to recommend conditional approval of a consent application to create a new lot to allow the redevelopment of the lands with one duplex on the severed lot and one duplex on the retained lot. REPORT: The subject property is located on the north side of Coral Crescent in the Southdale Planning Community. The property contains a single detached dwelling that was constructed in approximately 1961. The surrounding lands are composed primarily of low-density residential land uses on lots of various dimensions and shapes. Dwelling types include single detached dwellings, duplexes, and semi-detached dwellings constructed mainly between the mid -1940s and mid-1970s, though there are recent examples of new development. Dwellings within the surrounding neighbourhood range in design, architecture, materials, and building height. The property is designated Low Rise Residential in the Official Plan and zoned Residential Four Zone (R-4) in By-law 85-1. City Planning staff visited the property on October 1, 2021. Figure 2. View of subject property from Coral Crescent The applicant is requesting consent to create a new lot with frontage on Coral Crescent to facilitate the redevelopment of the lands with two duplex dwellings (one on each resultant lot). The severed lot would have an approximate lot width of 9.5 metres, a depth ranging between 58.5 metres and 59.1 metres, and an area of 555.3 square metres. The retained lot would have an approximate lot width of 9.5 metres, a depth ranging between 59.1 metres and 59.8 metres, and an area of 561.5 square metres. The consent application fully meets the City's Zoning By- law, which requires a minimum lot width of 9.0 metres and lot area of 235.0 square metres. Accordingly, no minor variances are required to facilitate the subject consent application. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan. The subject lands are suitable for the purposes for which they are to be severed. There are other lots in the surrounding neighbourhood that are similar in scale and character. Both resultant lots are suitable in their dimensions and shapes and front onto an established municipal road with adequate services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. It should be noted that the front yard setback from Residential Intensification in Established Neighbourhoods Study (RIENS) Area will apply, requiring the setback for the new duplex dwellings to be based on the average setback of the dwellings on either side of the subject property (rather than a fixed setback). Also, staff notes that the Residential Infill in Central Neighbourhoods section of the Urban Design Manual will apply to the future development of the proposed dwellings. Planning staff notes that, as a condition, the applicant will be required to apply for and obtain Demolition Control Approval from the Planning Division, in addition to a Demolition Permit from the Building Division and demolish the existing dwelling. Based on the foregoing, Planning staff recommends that Consent Application B2021-045 be approved, subject to the conditions listed in the Recommendation section of this report. Building Division Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Services 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 Niall Melanson (niall.melansona-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 and Cemeteries Comments: 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 dedication required is $4270.00 Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (9.47m) at a land value of $9,200 per frontage meter. An existing City -owned street tree (#126005) will be impacted by the proposed severance and development. A Tree Protection and Enhancement Plan showing suitable protection is required to the satisfaction of Parks & Cemeteries staff prior to approval. Alternatively, a) replacement of 2 suitable trees can be shown on a Street Tree Planting Plan following City of Kitchener Development Manual standards to the satisfaction of Parks & Cemeteries staff or b) suitable financial compensation can be provided prior clearance of Parks and Cemeteries conditions. Environmental Planning Comments: The standard condition for a Tree Management Plan on both severed and retained lands should be applied. Heritage Planning Comments: The subject property is located adjacent to properties within the St. Mary's Heritage Conservation District. Given the lot depth of the subject property in relation to the designated properties within the adjacent district, it is not anticipated that there will be adverse impacts as a result of this severance on the adjacent designated heritage properties. Region of Waterloo Comments: The owner/applicant is proposing to sever the lot into two smaller lots with the intention of demolishing the current house and building a duplex on each lot. Regional Fee. The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Record of Site Condition., Regional Staff note that a Record of Site Condition (RSC) for both the retained and severed parcels will be required prior to final approval due to known contamination (former landfills in the area) on an adjacent property in accordance with the Region's "Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites". A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the Region of Waterloo to fulfill this condition. Airport Zoning (Advisory Comments).- There omments).There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbella-regionofwaterloo.ca 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 file a Record of Site Condition for both the retained and severed lands. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or 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 was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. 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. CONSULT—As of the writing of this report, Planning staff has been 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: • Sections 51 and 53, Planning Act, R. S. O. 1990, c. P.13 ATTACHMENT: Attachment A —Sketch provided with Consent Application Attachment A —Sketch Provided with Consent Application SEVERANCE SKETCH OF 35 CORAL CRESCENT LOT 14 AND PART OF LOT 15 REGISTERED PLAN 1463 CITY OF KITCHENER REGIONAL MUNICIPALITY OF WATERLOO SCALE 1 250 5 ✓D 3 ID N enplrn J.p, BARNES UMITED \i..r.'-. REGISTERED PLAN 676 CCOPYRLCAIT 'may' D�pNcEs ANcD&R CUORDvN4TTEs $w21 oNT1 9N 71965 75•LAa ARE IN METRIC TIT METRES AN C16H LlX1VER1Ep T6 FEET BY QINpING-BY 0.3M u LOOT 13 Y LOT 14 I LOT 15 II AA 1002590 EASEMEN1: a N 63'10'25' E INST. 8.6sO - - y,4 5 71NH L05 iEhi..E 9. CHR6- Y OINK FENCE •--� I �I" f 1 LOT 13 -- LOT 14 - W LOOT 15 - _ P, I. N, 22487- 01,94a Tj REGISTERED PLAN 11063 g .'ART PART 2 AREA -555.3 SOM AREA -561.5 SOM o Ll s uis� METAL 0.39 SW 6 PECK SPLIT-LEVEL z 1-� EAVES pR1CK OV/ELLiNG ND. 399 � d+ uNEI ! /• U.41 SW 0.95 3 SPLIT-4VEL BRICK pSY 1N. '� SPLIT -LEVEE Fldtlpi DNELLYiJG a Na. 31 Mo, 35 os PCRCN A z I i .47 t8.44o g•47 N 674T555- E �- �` 4 — CORAL CRESCENT ■■ �. D. BARNES `"°wavl"` ntA��l ■■ �- N, E >z SII, NOTES LAND I,upo RASATION SPECIALISTS PART 1 AREA a 364.5 54x1 4313 KING ST..€kIW, KIIICNFNF0.ON., PPM 7:(5141631-PdAO F-(Soosi wz---jdlxlmamm PART 7 AREA a BB1:B 901.1 WALWR 67g1E0CP7 0Y: REFERENCE ad-: Ep Jpkl 21-40-286-00 SEVERANCE SKETpi PLOTTED: WATE$ vhi'£0: UB/31/2021 N,4+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 October 14, 2021 Re: Comments for Consent Application B2021-045, B2021-048, 62021- 049, B2021-050, B2021-051, B2021-052, and B2021-053 Committee of Adjustment Hearing October 19, 2021 CITY OF KITCHENER B2021-045 35 Coral Crescent 2611601 Ontario Inc. The owner/applicant is proposing to sever the lot into two smaller lots with the intention of demolishing the current house and building a duplex on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Record of Site Condition: Regional Staff note that a Record of Site Condition (RSC) for both the retained and severed parcels will be required prior to final approval due to known contamination (former landfills in the area) on an adjacent property in accordance with the Region's "Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites". A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the Region of Waterloo to fulfill this condition. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning Document Number: 3846871 regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a�regionofwaterloo.ca 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 file a Record of Site Condition for both the retained and severed lands. B2021-048, B2021-049, and B2021-050 441 East Avenue Erin and Richard Griesbaum / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the existing lot into four equal parcels to allow the future development of four semi-detached dwellings. 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 consents. Environmental Noise: The proposed severed and retained lots are located within 200 metres (approx. 88m) of Weber Street (Regional Road No. 08) and would likely have impacts from transportation noise in the vicinity. Staff also note that there may be other potential stationary noise sources in the vicinity. Therefore, 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, Regional staff have agreed to require the following noise attenuation measures implemented through a registered agreement with the Region of Waterloo as a condition of approval, for all dwelling units on both the retained and severed lots: Document Number: 3846871 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system(s), suitably sized and designed with the provision of adding central air- conditioning. 2) The dwelling unit(s) will be registered with the following noise warnings clauses on title: a) Noise Warning Clause "A": "The purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street East (RR #8) may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." b) Noise Warning Clause "C" : "This dwelling unit 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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." The Region has no objection to the proposed applications, 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 ($350 x 3 new lots = $1,050). 2) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo 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: The dwelling unit(s) will be fitted with air -ducted heating and ventilation system(s), suitably sized and designed with the provision of adding central air-conditioning. The following noise warning clauses will be included in all offers of purchase, deeds and rental agreements: a. Noise Warning Clause A: "The purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street East (RR #8) may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP)." Document Number: 3846871 b. Noise Warning Clause C: "This dwelling unit 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 Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP)." *011YA 1115111 ETT 1:1111YAi KIRK 945 and 961 Victoria Street North Pureland Investments Inc. and 2547951 Ontario Inc. I J. Von Westerholt and A. Sinclair (MHBC - Agent) The owner/applicant is proposing to convey a part from 945 Victoria St N to 961 Victoria St N and a part from 961 Victoria St N to 945 Victoria St N, which is essentially a land swap between two property owners, in order to straighten the parcel fabric to create more regular shaped parcels. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https:Htaps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: An incomplete Noise Impact Study (stationary noise) dated May 26, 2021 prepared by `aerocoustics' has been provided to Regional staff with the related Site Plan application SP 21/077/V/LT. Regional staff understand that the draft noise study was submitted to assess the impacts of stationary noise from the proposed development on the nearby noise sensitive land uses. The noise study is incomplete as it was not signed or stamped by a qualified noise consultant/acoustical engineer. Please note that this noise study will not be formally reviewed, accepted, or approved until these items are completed to Regional staff's satisfaction. Regional staff require that the conclusions and recommendations of the noise study, once accepted and approved by Regional staff, will be implemented through a registered agreement with the owner/applicant and the appropriate municipal authority (City or Region). The Region has no objection to the proposed application, subject to the following condition: Document Number: 3846871 1) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 2) That prior to final approval, the owner/applicant is required to enter into an agreement with the either the City of Kitchener or Region of Waterloo to implement the conclusions and recommendations of an accepted Noise Feasibility Study, which includes, but is not limited to, stationary noise recommendations in the agreement as well as applicable noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. B2021-053 75 and 79 Louisa Street Randall Masyk The owner/applicant is proposing to sever two properties that inadvertently merged together on title. 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 subject properties are located within 300 metres of CN Railway rights-of-way. As there may be alterations to or expansions of the railway facilities in the future, and since an expansion of railway operations may affect the living environment of the residents in the vicinity, both the severed and retained lots will be required to enter into an agreement with the City of Kitchener with the following railway warning clause: "Warning: Canadian National Railway (CNR) Company or its 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). CNR 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. Document Number: 3846871 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following railway warning clause in all Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all dwellings on the severed and retained lands: "Warning: Canadian National Railway (CNR) Company or its 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). CNR 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." 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 Cc: Amanda Kutler (Region) Document Number: 3846871 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Failure Notice Date: Wednesday, October 6, 2021, 01:12 p.m. EDT Sorry, we were unable to deliver your message to the following address. <Cof ankitchener.ca>: 550: 5.1.1 User Unknown Forwarded message --- Ladies and Gentlemen: RECEIVED OCT 0'8 2021 CORPORATE SERVICES DEPT LEGISLATED SVCS My name is- I am the original owner of in Kitchener and have enjoyed living here for the past 60 years. It was a total shock to me as well as to my neighbours to read about the proposal for 35 Coral Crescent to be demolished and have two single detached duplexes constructed. This would totally ruin the original lovely appearance of the crescent. Furthermore, there is already considerable traffic on the street and with four more families this would definitely add to the problem. Also, it should be taken into consideralion that the City had our street under construction last year, the result of which was great- However, excavalions of up to eight feet were necessary on the entire front yard right next to lot 35 as well as on the street- Garbage (tires, rotted mattresses, etc-) had to be carted away by the truck loads. Older people from Pleasant Avenue told us that they used to play can the garbage dump (now Coral Crescent) as kids- Will more garbage be uncovered and removed when the house is demolished? WIII we be environmentally exposed again? However. it did tum out to be a beautiful Crescent and we would love to keep it that way. I am certain every member of the Committee would feel the same ay - A concerned Owner of a Coral Crescent home Kristen Hilborn From: Andrew Pinnell Sent: Tuesda October 12 2021 4:36 PM To: Cc: Kristen Hilborn; Brian Bateman Subject: RE: [EXTERNAL] proposed development at 35 Coral Crescent Thanks for your comments, I have copied Kristen Hilborn who will be able to assist in registering you as a delegation for the meeting. Thanks, Andrew Pinnell, MCIP, RPP Senior Planner I Planning Division I City of Kitchener TTY 1-866-969-9994 1 _ a a , i� -si 41 �` � From: Sent: Tuesday, October 12, 20213:30 PM To: Andrew Pinnell <Andrew.Pinnell @kitchener.ca> Subject: [EXTERNAL] proposed development at 35 Coral Crescent Hello Andrew, We are 30 year residents and homeowners at - across the street and over one from the property in question. Our next door neighbour, as s are the information you provided to her regarding the proposed development at #35. We were shocked to learn of what is proposed - cannot imagine how four units and their resulting people and cars could be accommodated in that space. Our street is a quiet, one block crescent bordering the St. Mary's Heritage District comprised of small, single family dwellings. Changing #35 from a single dwelling/single property to two duplexes/two properties would negatively impact the street in a number of ways: increased traffic, parking challenges (our street is already used for overflow parking from Pleasant on a daily basis), loss of mature trees, potential decrease in property value. It would create a permanent alteration to the character of our neighbourhood and be precedent setting. While we understand that the proposed application meets the size requirements for the city's zoning by-law, that does not mean it is a good idea or fit for the existing neighbourhood. The only one who would benefit from it is the owner of #35 who would derive income from the rental of four units, and presumably not be living here to experience the resulting problems. We intend to register for the October 19th Committee of Adjustment meeting, and have learned from our Councillor, Debbie Chapman, that the only recourse after that is to appeal the decision at the Ontario Land Tribunal. If there is anything else we can do to voice our opposition or have our concerns addressed, please let us know Thanks, Staff Report Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 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: October 8, 2021 REPORT NO.: DSD -2021-192 SUBJECT: Consent Application B2021-046 74 Admiral Road Owners & Applicant: 2611601 Ontario Inc. RECOMMENDATION: That application B2021-046 for consent to sever the existing lot into two new lots for the purpose of constructing a semi-detached dwelling 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 $3,864.00. The parkland 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/or 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 single detached dwelling existing as of October 1, 2021 be demolished to the satisfaction of the City's Planning Division regarding Demolition Control and the Chief Building Official regarding issuance of a demotion permit and removes the existing dwelling prior to the creation of the two lots. 10. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures that are to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. 11. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 12. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the Owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The owner further agrees to implement the approved Tree Preservation Plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. c) The owner agrees to maintain the severed and retained lands, in accordance with the approved Tree Preservation Plan, for the life the development. REPORT HIGHLIGHTS: • The purpose of this report is to make a recommendation for the proposed request to create a lot by severing an existing lot into two lots. • There are no financial implications to the City. • This report supports the delivery of core services ADMIRAL ROAD (R.P 862) A;alL�Y I . AGFM + -- camdesldhmht a r 324 ■ 3.33 orkk 6unkakrw Mwi, No 79 Miura, No. M Mum Nm. 768 Ca poo [im he raow.udS Pane 010w • 3UT CL24 0.3A'N �'t RY1Iu0 V'ri Ootl� 9hed Rut Lands to be Lug w Retained Lands to be Zoning R,a Severed r _OT 17 Area_306-6 m' Zoning: R4 t LOT 19 306,6 M .Area; wy lad LOT is it x Z renin a37"._, dame shed Z amu, i'iV4 f7 + .Irisurr FSR Ir 9p1 VD4 W Proposed lot fabric Location Map: 74 Admiral Road REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property is proposed to be demolished and replaced with a new semi-detached dwelling on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. The Owner is requesting permission to sever the subject lands into two equal sized lots. The severed lot would have a lot width of 8.382 metres, a depth of 36.576 metres, and an area of 306.6 square metres while the retained lot would have a lot width of 8.382 metres, a depth of 36.576 metres, and an area of 306.6 square metres. The proposed lot widths and lot areas of the lots exceed the minimum R-4 zone lot width and lot area requirements. The new buildings will be required to be in full compliance with the Appendix "H" (Zoning By-law 85-1) front yard setback requirements. The Appendix "H" front yard setback requirement applies to established residential neighbourhoods which ensures new infill development front yard setbacks are compatible with adjacent residential building front yard setbacks. Additionally, the buildings will be required to meet the pedestrian entrance regulations that state a maximum of one pedestrian entrance for each semi-detached duplex house may be located on each street line fagade. City Planning staff conducted a site inspection of the property on October 1, 2021 Existing single detached dwelling at 74 Admiral Road 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 lot is 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. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. Heritage Comments: Heritage staff has no cultural heritage concerns with the proposed application. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building/demolition permit will be issued. There is a City owned tree at the front of this lot. This tree can be addressed as part of the required Tree Preservation/Enhancement plan. Transportation Services Comments: Transportation Services does not have any 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 Niall Melanson(niall.melanson(a-)-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 & Cemeteries Comments: 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 dedication required is $3,864.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (8.382m) at a land value of $9,200 per frontage meter. An existing City -owned street tree (#162560) will be impacted by the proposed severance and development. A Tree Protection and Enhancement Plan showing suitable protection is required to the satisfaction of Parks & Cemeteries staff prior to approval. Alternatively, a) replacement of 2 suitable trees can be shown on Street Tree Planting Plan following City of Kitchener Development Manual standards to the satisfaction of Parks & Cemeteries staff or b) suitable financial compensation can be provided prior clearance of Parks and Cemeteries conditions. 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. 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 October 12, 2021 Re: Comments for Consent Application B2021-044, B2021-046, 62021- 047, B2021-054, and B2021-055 Committee of Adjustment Hearing October 19, 2021 CITY OF KITCHENER B2021-044 51 Nelson Avenue Parkwood Homes (KW) Ltd / John Mesina The owner/applicant is proposing to sever the semi-detached dwelling into two legal parcels. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 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. Document Number: 3846480 B2021-046 74 Admiral Road 2611601 Ontario Inc. The owner/applicant is proposing to sever the lot into two lots with the intention of demolishing the current house and building semi -duplex dwelling on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-047 81 Fifth Avenue Branislav and Sanja Mikan / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels to allow for the development of 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. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(o�regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. Document Number: 3846480 B2021-054 74 Rutherford Drive Mirjana and Pero Perencevic / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-055 134 Woolwich Street James and Sue Roberts / A. Sinclair and K. Wills (MHBC) The owner/applicant is proposing to sever a 2,820m2 area from 134 Woolwich Street and add the severed portion to 124 Woolwich Street. Environmental Noise (Advisory Comments): Regional Corridor Planning staff note that any future development on the lands to be severed requiring a zone change or plan of condominium will be required to undertake an environmental noise study to assess potential transportation related noise from the municipal street system in the vicinity of the subject lands. The owners/applicants are responsible to ensure that any future development does not have any environmental noise impacts. Regional Staff may offer a more detailed evaluation and/or alternative Document Number: 3846480 options once more detailed development plans are available should future development on the severed lands be considered. The Region has no objection to the proposed application. 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: 3846480 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19th, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Kelly-Ruetz, Richard, Project Manager, 519-741-2200 ext. 7110 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -2021-199 SUBJECT: Consent Application B2021-047 81 Fifth Ave Owner: Branislav & Sanja Mikan Applicant: Boban Jokanovic RECOMMENDATION: That application B2021-047 for consent to sever the existing lot into two new lots for the development of a semi-detached dwelling 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 $3505.20.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 single detached dwelling existing as of October 1, 2021 be demolished to the satisfaction of the City's Planning Division regarding Demolition Control and the Chief Building Official regarding a demotion permit. 5. 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6. 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. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. 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. 9. 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. 10. The owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: a. That the owner shall prepare a Tree Preservation Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The owner further agrees to implement the approved Tree Preservation Plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. c. The owner agrees to maintain the severed and retained lands, in accordance with the approved Tree Preservation Plan, for the life the development. 11. That the owner complete one of the following items, to the satisfaction of the City's Director of Parks and Cemeteries: a. A Tree Protection and Enhancement Plan showing suitable protection of an existing City -owned street tree (#149091) during construction; or, b. Showing replacement of the existing City -owned street tree (#149091) with 2 suitable trees on a Street Tree Planting Plan following City of Kitchener Development Manual standards; or, c. Suitable financial compensation for the removal of a City owned tree (#149091). 12. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: • The purpose of this report is to recommend conditional approval of a consent application requesting to create a lot by severing an existing lot into two lots for the purposes of constructing a semi-detached dwelling. • There are no financial implications to the City. • This report supports the delivery of core services. Proposed lot fabric and semi-detached dwelling footprint Location Map: 81 Fifth Avenue Anon rvnn PIN 22588-0014 (IT) v Q 90.271 ° 7.85 —— hair Link F-1 r Iry II Q Lands to he f W m L JL GFA. 119.5 (� GJ severed Za:38 Z r _ _ _ — - Coverage: 31.2% ,� t G .L Area: 383.1 m= K PW 22596-0015 (L t) Detx�hed DvrelYing N6715'OG'W 86.2169 o l — — — — — — L — II — — — — J GFA 119 s m' Lands to be .. " �� Cmv¢ ge: 31.2% Retained n 19.660 �7 Zoning: R-4 Area: 383.1 m` " iv " LJL_ _J " Z.&5 22.76 0.03 N6715bb"W;, 411 chem w,x _7lay. uae1 50.2fi 7 �o ''�rmak&ark FOMne 3x6 es ne�� rva as i I Ov� Part 1, 58R-3875 i v � PIN 22588-001fi (LT) I Proposed lot fabric and semi-detached dwelling footprint Location Map: 81 Fifth Avenue REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. Planning Comments: The Owner is requesting permission to sever the subject lands into two equal sized lots. The severed and retained lot would each have a lot width of 7.62 metres, a depth of 50.269 metres, and an area of 383.1 square metres. The existing single detached dwelling on the lot would be demolished and subsequently replaced with a semi-detached dwelling. The existing development of the neighbourhood consists of a mix of single detached dwellings and semi-detached dwellings. This section of Fifth Avenue has undergone a transition over the past several years, whereby older 1-2 storey dwellings have been demolished and replaced with newer 2 -storey single or semi-detached dwellings. As such, there is not a consistent built form upon which to evaluate the impact of a new semi-detached dwelling as proposed. It should be noted that the front yard setback from Residential Intensification in Established Neighbourhoods Study (RIENS) Area will apply, requiring the setback for the new semi-detached dwelling to be based on the average setback of the dwellings on either side of the subject property (rather than a fixed setback). This will help mitigate impacts of the new dwelling in the neighbourhood. Additionally, the buildings will be required to meet the pedestrian entrance regulations that state a maximum of one pedestrian entrance for each semi-detached house may be located on each street line fagade. City Planning staff conducted a site inspection of the property on September 29, 2021 Existing single detached dwelling at 81 Fifth Ave 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. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. Heritage Comments: Heritage Planning has no concerns with the proposed application. Environmental Planning Comments: The Owner shall enter into an agreement on both the severed and retained lands to complete a tree management plan prior to any building permit being issued. 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 Niall Melanson(niall.melanson(a�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 and Cemeteries Comments: 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 dedication required is $3505.20. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (7.62m) at a land value of $9,200 per frontage meter. An existing City -owned street tree (#149091) will be impacted by the proposed severance and development. A Tree Protection and Enhancement Plan showing suitable protection is required to the satisfaction of Parks & Cemeteries staff prior to approval. Alternatively, a) replacement of 2 suitable trees can be shown on a Street Tree Planting Plan following City of Kitchener Development Manual standards to the satisfaction of Parks & Cemeteries staff or b) suitable financial compensation can be provided prior clearance of Parks and Cemeteries conditions. 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. 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 October 12, 2021 Re: Comments for Consent Application B2021-044, B2021-046, 62021- 047, B2021-054, and B2021-055 Committee of Adjustment Hearing October 19, 2021 CITY OF KITCHENER B2021-044 51 Nelson Avenue Parkwood Homes (KW) Ltd / John Mesina The owner/applicant is proposing to sever the semi-detached dwelling into two legal parcels. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 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. Document Number: 3846480 B2021-046 74 Admiral Road 2611601 Ontario Inc. The owner/applicant is proposing to sever the lot into two lots with the intention of demolishing the current house and building semi -duplex dwelling on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-047 81 Fifth Avenue Branislav and Sanja Mikan / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels to allow for the development of 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. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(o�regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. Document Number: 3846480 B2021-054 74 Rutherford Drive Mirjana and Pero Perencevic / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-055 134 Woolwich Street James and Sue Roberts / A. Sinclair and K. Wills (MHBC) The owner/applicant is proposing to sever a 2,820m2 area from 134 Woolwich Street and add the severed portion to 124 Woolwich Street. Environmental Noise (Advisory Comments): Regional Corridor Planning staff note that any future development on the lands to be severed requiring a zone change or plan of condominium will be required to undertake an environmental noise study to assess potential transportation related noise from the municipal street system in the vicinity of the subject lands. The owners/applicants are responsible to ensure that any future development does not have any environmental noise impacts. Regional Staff may offer a more detailed evaluation and/or alternative Document Number: 3846480 options once more detailed development plans are available should future development on the severed lands be considered. The Region has no objection to the proposed application. 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: 3846480 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 Itis i z��:I� 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 10 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -2021-193 SUBJECT: Consent Applications B2021-048, B2021-049, B2021-050 441 East Avenue Owners: Richard & Erin Griesbaum Applicant: Boban Jokanovic RECOMMENDATION: That applications B2021-048, B2021-049, & B2021-050 for consent to create three new lots and retain one lot to be used for semi-detached dwellings 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 $10,515.60. 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/or 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing 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 single detached dwelling existing as of October 1, 2021 be demolished to the satisfaction of the City's Planning Division regarding Demolition Control and the Chief Building Official regarding a demotion permit and removes the existing dwelling prior to the creation of the lots. 10. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures that are to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. 11. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 12. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the Owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The owner further agrees to implement the approved Tree Preservation Plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. c) The owner agrees to maintain the severed and retained lands, in accordance with the approved Tree Preservation Plan, for the life the development. d) The owner submits a site layout plan to be reviewed by the Planning and Transportation Divisions to approve the proposed driveway locations prior to the issuance of a building permit. b) The Owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. REPORT HIGHLIGHTS: The application is requesting to create three new lots and retain one lot equal in size to be used for semi- detached dwellings. N25M 45-W 30.480 Proposed lot fabrics Location Map: 441 East Avenue REPORT: BACKGROUND: sro549•w 11 30.480 _ 7 0 y 7.620 7.520 7.620 a Q� d� a 6p m LJ �D t0 n K 0 tp �N�pp �Ynpl = n � U 2.41 4.57 q 7.39 5.72 3Ricx DWELLING it lj2 STOREY) 2.44 z? 3RICR&STUCCO DWELL G 0. TWO STOREY Mur No.441 {ta 6e removed] aJ s 4.94 LOT 9 L W 22507-0112 (L r) 0.20 3 o w pu 2 O j > PIN 27-1 RE.4 R�G�S LOT 10 LOT 11 z4 N N N Lands to 6e Lands to 6e N Lands to 6e Lands to 6e m Retained SeveredSevered m Severed z Zoning: R-4 Zoning: R-4 z Zoning: R-4 z Zoning: R-0 z Area: 278.7 m Area: 278.7 mx Area: 278.7 ml Area: 278.7 m� 7.620 7.6201 1 7.620 1 7.620 N25M 45-W 30.480 Proposed lot fabrics Location Map: 441 East Avenue REPORT: 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 Four Zone in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property is proposed to be demolished and replaced with two semi-detached dwellings on the severed and retained lands (four units in total). 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 neighborhood. The Owner is requesting permission to sever the subject lands into four equal sized lots. The severed lots (Parcels B, C and D ) would have lot frontages of 7.62 metres and an area of 278.7 square metres, while the retained lot (Parcel A) would also have a lot frontage of 7.62 metres, and an area of 278.7 square metres. The proposed lot widths and lot areas of the lots exceed the minimum R-4 zone lot width and lot area requirements. The applicant has also provided a concept plan showing the proposed semi-detached dwelling building footprints. Although the concept plan does not identify the proposed buildings with the correct front yard setback, the new buildings will be required to be in full compliance with the Appendix "H" (Zoning By-law 85-1) front yard setback requirements. The Appendix "H" front yard setback requirement applies to established residential neighbourhoods which ensures new infill development front yard setbacks are compatible with adjacent residential building front yard setbacks. City Planning staff conducted a site inspection of the property on October 1, 2021 Existing single detached dwelling at 441 East Avenue 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. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit will be required for the construction of the new residential building. Heritage Comments: Heritage Planning staff do not have concerns with this application. However, it is noted for information that the subject property is located adjacent to a listed property (400 East Avenue/1963 Eugene George Way). Environmental Planning Comments: The owner is required to enter into an agreement registered on title of both the severed and retained lands to submit, obtain approval of, and implement a Tree Preservation / Enhancement Plan prior to grading, building permit, etc. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. The pairing of driveways should be accommodated for this proposal. 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 and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Niall Melanson (niall.melanson@kitchener.ca). • The owner shall extend the municipal storm sewer or implement a suitable design solution for a sump pump outlet to the satisfaction of the Engineering Division. • 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 and Cemeteries Comments: A cash -in -lieu of park land dedication will be required on the severed parcels as 3 new development lots will be created. The cash -in -lieu dedication required is $10,515.60. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (22.86m (3x7.62m)) at a land value of $9,200 per frontage meter. Two existing City -owned street trees (#165382 and #103156) will be impacted by the proposed severances and development. A Tree Protection and Enhancement Plan showing suitable protection is required to the satisfaction of Parks & Cemeteries staff prior to approval. The existing northern tree (Norway Maple #165382) may be able to be protected in place with the proposed lot and development configuration. The existing southern tree (Hackberry #103156) may be able to be protected in place with a revised lot driveway configuration to the outside. Alternatively, a) replacement of 4 suitable trees can be shown on a Street Tree Planting Plan following City of Kitchener Development Manual standards to the satisfaction of Parks & Cemeteries staff or b) suitable financial compensation can be provided prior clearance of Parks and Cemeteries conditions. 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 Concept Plan — 441 East Avenue N76'05'45"W 30 480 _ 7.620 7.620 7.820 _ 7.620 ti w r w nw r~ a zf)N n v o as v m r- v o m v c to Z — c� to o to c(i to — sa U a W i i t"r, Severed w Severed co vi Zoning: R-4 z Zoning: R-4 2 Zoning; R-4 z Zoning: R-4 Z Area: 278.7 m2 Area: 278.7 m2 Area: 278.7 rn2 Area: 278.7 rn2 7.620 7.626 7.626 7.620 N25*05'45"W 30.480 — — L== -i L== LL== i i Proposed Three -Storey I N N i Proposed Three -Storey, a- Semi -Det hed Dwelling I Semi -Det hed Dwelling– I I GFA: 111.1 m' GFA; 111.1 n -V I I GFA: 111.1 m' GFA: 111.1 rW Coverage: 39.9% Coverage: 39.956 I I Coverage: 39.9% Coverage: 39.9% I I I � I_ __ J I_ _J PIN .29 07 – 0793 (LT) 5 Proposed Concept Plan — 441 East Avenue LOT 10 LOT 11 w ti w r w nw r~ a zf)N m LN ro [`f mI N m kn Lands to be �rl Lands to be Lands to be Lands to be Retained Severed severed Severed in 7' Zoning: R-4 z Zoning: R-4 2 Zoning; R-4 z Zoning: R-4 Z Area: 278.7 m2 Area: 278.7 m2 Area: 278.7 rn2 Area: 278.7 rn2 7.620 7.626 7.626 7.620 N25*05'45"W 30.480 — — Proposed Concept Plan — 441 East Avenue N,4+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 October 14, 2021 Re: Comments for Consent Application B2021-045, B2021-048, 62021- 049, B2021-050, B2021-051, B2021-052, and B2021-053 Committee of Adjustment Hearing October 19, 2021 CITY OF KITCHENER B2021-045 35 Coral Crescent 2611601 Ontario Inc. The owner/applicant is proposing to sever the lot into two smaller lots with the intention of demolishing the current house and building a duplex on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Record of Site Condition: Regional Staff note that a Record of Site Condition (RSC) for both the retained and severed parcels will be required prior to final approval due to known contamination (former landfills in the area) on an adjacent property in accordance with the Region's "Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites". A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the Region of Waterloo to fulfill this condition. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning Document Number: 3846871 regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a�regionofwaterloo.ca 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 file a Record of Site Condition for both the retained and severed lands. B2021-048, B2021-049, and B2021-050 441 East Avenue Erin and Richard Griesbaum / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the existing lot into four equal parcels to allow the future development of four semi-detached dwellings. 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 consents. Environmental Noise: The proposed severed and retained lots are located within 200 metres (approx. 88m) of Weber Street (Regional Road No. 08) and would likely have impacts from transportation noise in the vicinity. Staff also note that there may be other potential stationary noise sources in the vicinity. Therefore, 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, Regional staff have agreed to require the following noise attenuation measures implemented through a registered agreement with the Region of Waterloo as a condition of approval, for all dwelling units on both the retained and severed lots: Document Number: 3846871 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system(s), suitably sized and designed with the provision of adding central air- conditioning. 2) The dwelling unit(s) will be registered with the following noise warnings clauses on title: a) Noise Warning Clause "A": "The purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street East (RR #8) may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." b) Noise Warning Clause "C" : "This dwelling unit 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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." The Region has no objection to the proposed applications, 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 ($350 x 3 new lots = $1,050). 2) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo 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: The dwelling unit(s) will be fitted with air -ducted heating and ventilation system(s), suitably sized and designed with the provision of adding central air-conditioning. The following noise warning clauses will be included in all offers of purchase, deeds and rental agreements: a. Noise Warning Clause A: "The purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street East (RR #8) may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP)." Document Number: 3846871 b. Noise Warning Clause C: "This dwelling unit 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 Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP)." *011YA 1115111 ETT 1:1111YAi KIRK 945 and 961 Victoria Street North Pureland Investments Inc. and 2547951 Ontario Inc. I J. Von Westerholt and A. Sinclair (MHBC - Agent) The owner/applicant is proposing to convey a part from 945 Victoria St N to 961 Victoria St N and a part from 961 Victoria St N to 945 Victoria St N, which is essentially a land swap between two property owners, in order to straighten the parcel fabric to create more regular shaped parcels. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https:Htaps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: An incomplete Noise Impact Study (stationary noise) dated May 26, 2021 prepared by `aerocoustics' has been provided to Regional staff with the related Site Plan application SP 21/077/V/LT. Regional staff understand that the draft noise study was submitted to assess the impacts of stationary noise from the proposed development on the nearby noise sensitive land uses. The noise study is incomplete as it was not signed or stamped by a qualified noise consultant/acoustical engineer. Please note that this noise study will not be formally reviewed, accepted, or approved until these items are completed to Regional staff's satisfaction. Regional staff require that the conclusions and recommendations of the noise study, once accepted and approved by Regional staff, will be implemented through a registered agreement with the owner/applicant and the appropriate municipal authority (City or Region). The Region has no objection to the proposed application, subject to the following condition: Document Number: 3846871 1) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 2) That prior to final approval, the owner/applicant is required to enter into an agreement with the either the City of Kitchener or Region of Waterloo to implement the conclusions and recommendations of an accepted Noise Feasibility Study, which includes, but is not limited to, stationary noise recommendations in the agreement as well as applicable noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. B2021-053 75 and 79 Louisa Street Randall Masyk The owner/applicant is proposing to sever two properties that inadvertently merged together on title. 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 subject properties are located within 300 metres of CN Railway rights-of-way. As there may be alterations to or expansions of the railway facilities in the future, and since an expansion of railway operations may affect the living environment of the residents in the vicinity, both the severed and retained lots will be required to enter into an agreement with the City of Kitchener with the following railway warning clause: "Warning: Canadian National Railway (CNR) Company or its 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). CNR 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. Document Number: 3846871 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following railway warning clause in all Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all dwellings on the severed and retained lands: "Warning: Canadian National Railway (CNR) Company or its 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). CNR 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." 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 Cc: Amanda Kutler (Region) Document Number: 3846871 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 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: October 8, 2021 REPORT NO.: DSD -2021-197 SUBJECT: Consent Application B2021-051 & B2021-052 945 Victoria Street North & 961 Victoria Street North Owner — Pureland Investments Inc. & 2547951 Ontario Inc. Applicant — Juliane von Westerholt & Andrea Sinclair, C/O MHBC Planning RECOMMENDATION: That application B2021-051 proposing to sever a 109.11 square metre triangular parcel of land from 961 Victoria Street North with a width of 11.07 metres and a depth of 19.74 metres, to be conveyed as a lot addition to the property municipally addressed as 945 Victoria Street North, 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 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. 3. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. That application B2021-052 proposing to sever a 108.6 square metre triangular parcel of land from 945 Victoria Street North with a width of 11.31 metres and a depth of 19.28 metres, to be conveyed as a lot addition to the property municipally addressed as 961 Victoria Street North, 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 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. 3. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. PA 3, as amended. 4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of two consent applications which are proposing lot additions. Application B2021-051 is requesting to sever a portion of land 109.11 square metres in size from the property municipally addressed as 961 Victoria Street North, to be conveyed to 945 Victoria Street North. Application B2021-052 is requesting to sever a portion of land 108.6 square metres in size from the property municipally addressed as 945 Victoria Street North, to be conveyed to 961 Victoria Street North. Figure 1: Location Map of 945 Victoria Street Figure 2: Location Map of 961 Victoria Street r . req f m3 — n p.` — rnlT Aon p' a ifar�i. 'ii yA'�SrA 3�T Ty ... ,... n v PJM r •�' { -- - '�' ^�A� .tea-�-.. _ rfuw�e +� v,a -- -.e i,i i) as .i. &4 fMYW ri 4 .sY rt� A7 Wof 4a€ tl A— ar BACKGROUND: .ar+�rre AI 11�+s-a +j i 4 rla.1 ' I ff, rk= r�.. —.1 _fMr rear i a � sr.sw aper t ra�w� •MFS N1 -- • I ■ ,. er 7.. 743 Y4ffitt>, Si F{ APeBI'�: YapK%[ 4r! 5EPER&AC£ SETO�? OF PART Or �_01' .30 PECY15 TERED RAN 764 Arra PART OF LOT 57 RE6fSTERED PAN 763 UTY aF KITCFEAER fitcuxwc .4c�wtaarxr}Y ??� ava f[�ci0 — JA vefki �L�brA OnAeria ,_-' bEFdP'C a'r ' r.. H 4elhJa * Ar Pe�ir+ zimilCa .rte �' M eAnb feai 9i 21 -0135 +74 iYHw Far 44fr rR 1UnW �14AS �r ',�� n' [r.�r+nw �. rJ}Ao.iagrpnrrr9 Figure 3: Sketch of Proposed Severance and Lot Additions The two subject properties are located on the easterly side of Victoria Street North in the planning community of Rosemount. They are neighbouring properties, as depicted in the location maps (Figure 1 and 2). Both contain commercial uses; 945 Victoria Street North contains a car wash, while 961 Victoria Street North contains an auto repair shop. The surrounding area is characterized by a mix of commercial and residential uses. 945 Victoria Street North and 961 Victoria Street are designated as Commercial in the City's Official Plan and identified as an Urban Corridor on the City's Urban Structure Map. Both properties are zoned as General Commercial (COM -2) in Zoning By-law 2019-051. The applicant is requesting permission to sever and convey triangular portions of each subject property in a lot addition. The parcel of land to be severed and conveyed to 945 Victoria Street North would have a width of 11.07 metres, a depth of 19.74 metres, and a total area of 109.11 square metres. The parcel of land to be severed and conveyed to 961 Victoria Street North would have a width of 11.31 metres, a depth of 19.28 metres, and a total area of 108.6 square metres. The intent of these proposed lot additions is to straighten the parcel fabrics and create more regularly shaped lots. No new lots will be created. The portion of each property to be conveyed is currently used as landscape area and contain only a sign, some shrubbery, and grass. City Planning staff conducted a site inspection of the properties on October 1, 2021. E.. Figure 4: Existing Landscaped Area Between the Subject Properties REPORT: Planning Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severances conform to the City's Official Plan and will allow for lot additions. The planned function of the Commercial designation is to support a range of retail and service commercial uses which cater primarily to the weekly and daily needs of residents within the surrounding community. Specifically, the Official Plan notes that the permitted uses on lands designated as Commercial and identified as an Urban Corridor on Map 2 includes auto services stations or repair of motor vehicles. The resulting dimensions and shapes of the lots will be appropriate and suitable for the continued commercial use of the lands. Further, the resulting shape of the properties will continue to reflect the general scale and character of the established development pattern of surrounding lands. Staff is also of the opinion that the proposed lot additions and resulting lots meet the zoning by-law, and that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that Consent Application B2021-051 requesting to sever a portion of the lot (961 Victoria Street North) as a lot addition to 945 Victoria Street North and Consent Application B2021-052 requesting to sever a portion of the lot 945 Victoria Street North as a lot addition to 961 Victoria Street North, be approved subject to the conditions listed in the recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consents. Transportation Comments: Transportation Services does not have any concerns with the proposed applications. Heritage Comments: There are no heritage planning concerns associated with these applications. Engineering Comments: Since there are no new lots being created, Engineering has no concerns. Environmental Planning Comments: There are no natural heritage concerns associated with these applications. Parks & Cemeteries Comments: Parkland Dedication is not required as no new lot is created. No City -owned street trees will be impacted by the proposed severances or developments. 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 (SP21/077/V/LT) has been filed for 945 Victoria Street North and is under review. N,4+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 October 14, 2021 Re: Comments for Consent Application B2021-045, B2021-048, 62021- 049, B2021-050, B2021-051, B2021-052, and B2021-053 Committee of Adjustment Hearing October 19, 2021 CITY OF KITCHENER B2021-045 35 Coral Crescent 2611601 Ontario Inc. The owner/applicant is proposing to sever the lot into two smaller lots with the intention of demolishing the current house and building a duplex on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Record of Site Condition: Regional Staff note that a Record of Site Condition (RSC) for both the retained and severed parcels will be required prior to final approval due to known contamination (former landfills in the area) on an adjacent property in accordance with the Region's "Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites". A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the Region of Waterloo to fulfill this condition. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning Document Number: 3846871 regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a�regionofwaterloo.ca 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 file a Record of Site Condition for both the retained and severed lands. B2021-048, B2021-049, and B2021-050 441 East Avenue Erin and Richard Griesbaum / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the existing lot into four equal parcels to allow the future development of four semi-detached dwellings. 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 consents. Environmental Noise: The proposed severed and retained lots are located within 200 metres (approx. 88m) of Weber Street (Regional Road No. 08) and would likely have impacts from transportation noise in the vicinity. Staff also note that there may be other potential stationary noise sources in the vicinity. Therefore, 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, Regional staff have agreed to require the following noise attenuation measures implemented through a registered agreement with the Region of Waterloo as a condition of approval, for all dwelling units on both the retained and severed lots: Document Number: 3846871 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system(s), suitably sized and designed with the provision of adding central air- conditioning. 2) The dwelling unit(s) will be registered with the following noise warnings clauses on title: a) Noise Warning Clause "A": "The purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street East (RR #8) may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." b) Noise Warning Clause "C" : "This dwelling unit 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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." The Region has no objection to the proposed applications, 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 ($350 x 3 new lots = $1,050). 2) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo 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: The dwelling unit(s) will be fitted with air -ducted heating and ventilation system(s), suitably sized and designed with the provision of adding central air-conditioning. The following noise warning clauses will be included in all offers of purchase, deeds and rental agreements: a. Noise Warning Clause A: "The purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street East (RR #8) may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP)." Document Number: 3846871 b. Noise Warning Clause C: "This dwelling unit 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 Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP)." *011YA 1115111 ETT 1:1111YAi KIRK 945 and 961 Victoria Street North Pureland Investments Inc. and 2547951 Ontario Inc. I J. Von Westerholt and A. Sinclair (MHBC - Agent) The owner/applicant is proposing to convey a part from 945 Victoria St N to 961 Victoria St N and a part from 961 Victoria St N to 945 Victoria St N, which is essentially a land swap between two property owners, in order to straighten the parcel fabric to create more regular shaped parcels. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https:Htaps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: An incomplete Noise Impact Study (stationary noise) dated May 26, 2021 prepared by `aerocoustics' has been provided to Regional staff with the related Site Plan application SP 21/077/V/LT. Regional staff understand that the draft noise study was submitted to assess the impacts of stationary noise from the proposed development on the nearby noise sensitive land uses. The noise study is incomplete as it was not signed or stamped by a qualified noise consultant/acoustical engineer. Please note that this noise study will not be formally reviewed, accepted, or approved until these items are completed to Regional staff's satisfaction. Regional staff require that the conclusions and recommendations of the noise study, once accepted and approved by Regional staff, will be implemented through a registered agreement with the owner/applicant and the appropriate municipal authority (City or Region). The Region has no objection to the proposed application, subject to the following condition: Document Number: 3846871 1) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 2) That prior to final approval, the owner/applicant is required to enter into an agreement with the either the City of Kitchener or Region of Waterloo to implement the conclusions and recommendations of an accepted Noise Feasibility Study, which includes, but is not limited to, stationary noise recommendations in the agreement as well as applicable noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. B2021-053 75 and 79 Louisa Street Randall Masyk The owner/applicant is proposing to sever two properties that inadvertently merged together on title. 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 subject properties are located within 300 metres of CN Railway rights-of-way. As there may be alterations to or expansions of the railway facilities in the future, and since an expansion of railway operations may affect the living environment of the residents in the vicinity, both the severed and retained lots will be required to enter into an agreement with the City of Kitchener with the following railway warning clause: "Warning: Canadian National Railway (CNR) Company or its 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). CNR 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. Document Number: 3846871 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following railway warning clause in all Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all dwellings on the severed and retained lands: "Warning: Canadian National Railway (CNR) Company or its 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). CNR 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." 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 Cc: Amanda Kutler (Region) Document Number: 3846871 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -2021-202 SUBJECT: Minor Variance Applications A2021-114-115 Consent Application B2021-053 75 & 79 Louisa Street Owner & Applicant- Randall Masyk RECOMMENDATION: That application A2021-114 relating to 75 Louisa Street to legalize a front yard setback of 2.3m rather than the required 4.5m, a westerly side yard setback of 0.86m rather than the required 1.2m; and, an easterly side yard setback for accessory structure of 0.4m rather than the required 0.6m be approved. That application A2021-115 relating to 79 Louisa Street to legalize a front yard setback of 2.1m rather than the required 4.5m, a westerly side yard setback of 1.1m rather than the required 1.2m; and, a westerly side yard setback for accessory structure of 0.5m rather than the required 0.6m be approved. That application B2021-053 for consent to sever into two lots be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 2. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or Agn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. *** 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 two subject properties inadvertently merged on title. The owner is seeking permission to reverse this merger through a severance application. Minor variances are required to legalize the existing conditions on site. No development or construction is proposed as part of these applications. Location Map: 75 & 79 Louisa Street REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) with Special Use Provision 129U in Zoning By-law 85-1. Planning Comments: The applicant is requesting permission to sever the two properties to re-establish the historical lot lines. As a result, the following minor variances for yard setbacks to recognize the existing site conditions are required: 75 Louisa Street • front yard setback of 2.3 metres rather than the required 4.5 metres • side yard setback of 0.86 metres rather than the required 1.2 metres • side yard setback for accessory structure of 0.4 metres rather than the required 0.6 metres 79 Louisa Street front yard setback of 2.1 metres rather than the required 4.5 metres a westerly side yard setback of 1.1 metres rather than the required 1.2 metres a westerly side yard setback for accessory structure of 0.5 metres rather than the required 0.6 metres be approved. Staff do not have concerns with the proposed severance or minor variance requests. No new development is proposed as a result of this application. City Planni Existing single detached dwelling at 75 Louisa Street (October 1, 2021) Existing single detached dwelling at 79 Louisa Street (October 1, 2021) Building Comments: The Building Division has no objections to the proposed variance and consent applications Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: No environmental planning concerns. Transportation Services Comments: Transportation Services does not have any concerns with the proposed applications. Engineering Comments: Since the two lots were indivertibly merged on title and there is no new lot being created Engineering has no concerns. Parks /Operations Comments: Parkland Dedication is not required as two lots were originally created, and the severance is `technical' to address inadvertent lot merger. 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,4+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 October 14, 2021 Re: Comments for Consent Application B2021-045, B2021-048, 62021- 049, B2021-050, B2021-051, B2021-052, and B2021-053 Committee of Adjustment Hearing October 19, 2021 CITY OF KITCHENER B2021-045 35 Coral Crescent 2611601 Ontario Inc. The owner/applicant is proposing to sever the lot into two smaller lots with the intention of demolishing the current house and building a duplex on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Record of Site Condition: Regional Staff note that a Record of Site Condition (RSC) for both the retained and severed parcels will be required prior to final approval due to known contamination (former landfills in the area) on an adjacent property in accordance with the Region's "Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites". A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the Region of Waterloo to fulfill this condition. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning Document Number: 3846871 regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a�regionofwaterloo.ca 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 file a Record of Site Condition for both the retained and severed lands. B2021-048, B2021-049, and B2021-050 441 East Avenue Erin and Richard Griesbaum / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the existing lot into four equal parcels to allow the future development of four semi-detached dwellings. 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 consents. Environmental Noise: The proposed severed and retained lots are located within 200 metres (approx. 88m) of Weber Street (Regional Road No. 08) and would likely have impacts from transportation noise in the vicinity. Staff also note that there may be other potential stationary noise sources in the vicinity. Therefore, 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, Regional staff have agreed to require the following noise attenuation measures implemented through a registered agreement with the Region of Waterloo as a condition of approval, for all dwelling units on both the retained and severed lots: Document Number: 3846871 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system(s), suitably sized and designed with the provision of adding central air- conditioning. 2) The dwelling unit(s) will be registered with the following noise warnings clauses on title: a) Noise Warning Clause "A": "The purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street East (RR #8) may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." b) Noise Warning Clause "C" : "This dwelling unit 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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." The Region has no objection to the proposed applications, 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 ($350 x 3 new lots = $1,050). 2) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo 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: The dwelling unit(s) will be fitted with air -ducted heating and ventilation system(s), suitably sized and designed with the provision of adding central air-conditioning. The following noise warning clauses will be included in all offers of purchase, deeds and rental agreements: a. Noise Warning Clause A: "The purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street East (RR #8) may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP)." Document Number: 3846871 b. Noise Warning Clause C: "This dwelling unit 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 Region of Waterloo and the Ministry of the Environment Conservation and Parks (MECP)." *011YA 1115111 ETT 1:1111YAi KIRK 945 and 961 Victoria Street North Pureland Investments Inc. and 2547951 Ontario Inc. I J. Von Westerholt and A. Sinclair (MHBC - Agent) The owner/applicant is proposing to convey a part from 945 Victoria St N to 961 Victoria St N and a part from 961 Victoria St N to 945 Victoria St N, which is essentially a land swap between two property owners, in order to straighten the parcel fabric to create more regular shaped parcels. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https:Htaps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: An incomplete Noise Impact Study (stationary noise) dated May 26, 2021 prepared by `aerocoustics' has been provided to Regional staff with the related Site Plan application SP 21/077/V/LT. Regional staff understand that the draft noise study was submitted to assess the impacts of stationary noise from the proposed development on the nearby noise sensitive land uses. The noise study is incomplete as it was not signed or stamped by a qualified noise consultant/acoustical engineer. Please note that this noise study will not be formally reviewed, accepted, or approved until these items are completed to Regional staff's satisfaction. Regional staff require that the conclusions and recommendations of the noise study, once accepted and approved by Regional staff, will be implemented through a registered agreement with the owner/applicant and the appropriate municipal authority (City or Region). The Region has no objection to the proposed application, subject to the following condition: Document Number: 3846871 1) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 2) That prior to final approval, the owner/applicant is required to enter into an agreement with the either the City of Kitchener or Region of Waterloo to implement the conclusions and recommendations of an accepted Noise Feasibility Study, which includes, but is not limited to, stationary noise recommendations in the agreement as well as applicable noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. B2021-053 75 and 79 Louisa Street Randall Masyk The owner/applicant is proposing to sever two properties that inadvertently merged together on title. 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 subject properties are located within 300 metres of CN Railway rights-of-way. As there may be alterations to or expansions of the railway facilities in the future, and since an expansion of railway operations may affect the living environment of the residents in the vicinity, both the severed and retained lots will be required to enter into an agreement with the City of Kitchener with the following railway warning clause: "Warning: Canadian National Railway (CNR) Company or its 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). CNR 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. Document Number: 3846871 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following railway warning clause in all Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all dwellings on the severed and retained lands: "Warning: Canadian National Railway (CNR) Company or its 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). CNR 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." 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 Cc: Amanda Kutler (Region) Document Number: 3846871 October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Dumart, Craig, Senior Planner, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -2021-205 SUBJECT: Consent application B2021-054 & Minor Variance Applications A2021-116 & A2021-117 74 Rutherford Drive Owners — Pero and Mirjana Perencevic Applicant — Boban Jakanovic RECOMMENDATIONS: A. That Consent Application B2021-054 requesting consent to create a new lot for a semi- detached dwelling with a lot width of 14.32 metres, a depth of 60.35 metres, and an area of 864.57 square metres be refused; B. That Minor Variance Application A2021-116 requesting to reduce the required minimum lot width for the retained lot proposed through B2021-054 from 9.0 metres to 8.53 metres be refused; and C. That Minor Variance Application A2021-117 width for the severed lot proposed through refused. REPORT HIGHLIGHTS: requesting to reduce the required minimum lot B2021-054 from 15.0 metres to 14.32 metres be The applicant is requesting to sever an existing 22.85 -metre -wide lot into two lots to allow for a future semi-detached dwelling on a 14.32 metre wide lot (severed lands) and a single detached duplex dwelling on 8.53 metre wide lot (retained lands). The retain lot width does not meet the minimum lot width requirement and the applicant is requesting relief from Section 38.2.1 of Zoning By-law 85-1 to allow a single detached duplex dwelling to have a lot width of 8.53 m rather than the required 9.0 metre lot width. Furthermore, the proposed severed lot would not meet the minimum lot width requirement for semi-detached dwellings and the applicant is requesting relief from Section 38.2.2 of Zoning By-law 85-1 to allow a semi-detached dwelling to have a lot width of 14.32 metres (7.16m for each dwelling) rather than the required 15.0 metre lot width requirement (7.5m for each dwelling). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 74 Rutherford Drive. BACKGROUND: The subject property is located near the intersection of Ruther Drive and Kinzie Avenue The property is generally rectangle in shape with a frontage along Rutherford Drive, 22.85 metres in width which generally reflects the general size of existing lots widths on the street. The site is currently occupied by a single detached dwelling and is surrounded by existing low-rise residential uses including single detached dwellings, semi-detached dwellings, and multiple dwelling buildings. The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Areas on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) 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: Does the proposal maintain the general intent and purpose of the Official Plan? Staff is of the opinion that the requested variances do not meet the general intent of the Official Plan. Section 4.C.1.8. of the 2014 Official Plan states: Where... minor variances are requested, proposed, or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the... minor variances will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. b) ... C) ... d) New buildings.... are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) ... f) The impact of each special zoning regulation or variance will be reviewed prior to formulating a recommendation to ensure that a deficiency in the one zoning requirement does not compromise the site in achieving objectives of compatible and appropriate site and neighbourhood design and does not create further zoning deficiencies. Furthermore, Section 4.C.1.9. of the 2014 Official Plan states: Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Planning staff is of the opinion that the proposed variances will facilitate the creation of two lots and construction of a single detached duplex dwelling, and semi-detached dwelling that: • Is not compatible with the built form and the community character of the established neighbourhood; • Results in lot widths and built forms that are not similar to the adjacent property and will not maintain the character of the streetscape and the neighbourhood; • Is not sensitive to the exterior areas of adjacent properties; and • Does not provide sensitivity to the surrounding context. The proposed lot widths will create frontages dominated by garages and parking not in keeping with the neighbourhood. Staff is of the opinion that the requested variances do not meet the general intent of the Official Plan. Does the proposal maintain the general intent and purpose of the Zoning By-law? The requested variances to allow for reduced lot widths for a single detached duplex dwelling of 8.53 metres rather than 9.0 metres and a semi-detached dwelling of 14.32 rather that 15.0 metres do not meet the general intent of the Zoning By-law. The purpose of minimum lot width requirement is to ensure lot widths are of adequate size to support an appropriate scaled building envelope, parking and landscaping. Staff is of the opinion that an 8.53 -metre -wide lot for a single detached dwelling and a 14.53 metre wide lot for a semi-detached dwelling will be not provide for appropriately sized lots nor would the variances result in appropriately scaled dwellings. A 8.53 metre wide lot would result in a 6.13 metre wide dwelling with minimum 1.2 metre side yard setbacks and a 14.32 metre wide lot would result in a 11.92 metre wide semi-detached dwelling (5.96 metres for each dwelling unit) with minimum 1.2 metre side yard setbacks. Staff are of the opinion that the requested variances do not provide for adequate lot widths and do not meet the general intent of the Zoning By-law. Is the proposal desirable for the appropriate development or use of the land? The variances are not desirable for the appropriate development of the land. Instead, the variances will create unacceptably adverse impacts on adjacent properties. The proposed lot widths will result in narrow lots and dwellings with frontages dominated by garages that are not appropriate for the context of the existing neighbourhood. City Planning staff conducted a site inspection of the property on October 6, 2021. Existing single detached dwelling at 74 Rutherford Drive. Consent Application — B2021-054 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 not satisfied that the creation of the lot fabric of the severed and retained lots are desirable and appropriate. Section 17.E.20.5. of City's 2014 Official Plan states that: Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration.... In this case, staff recommends that the Committee not grant the requested minor variances necessary to facilitate the subject consent applications to create two new lots for the reasons noted above. Furthermore, staff is of the opinion that the proposed lots do not reflect the general scale and character of the established development pattern of surrounding lands since they do not consider appropriate lot configurations. Moreover, the applications do not meet the criteria for plan of subdivision outlined in Section 51 (24) off the Planning Act, especially with respect to: (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; and (f) the dimensions and shapes of the proposed lots. Should the Committee wish to approve the subject applications, conditions should be imposed to require elevation drawings, and landscape plans to minimize the negative impact on the residential neighbourhood, in accordance with Section 4.C.1.7 of the 2014 Official Plan for the severed and retained lands, in addition to the standard consent conditions and those conditions outlined in the below department / agency comments. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: Standard condition for a severance shall apply. The applicant shall enter into an agreement on both severed and retained to do Tree Management Plan prior to issuance of a building permit. Engineering Division 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 and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Niall Melanson(niall.melanson(a�kitchener.ca). • The Owner shall extend the storm sewer or implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. • 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 and Cemeteries Comments 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 dedication required is $6589.96. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (14.326m) at a land value of $9,200 per frontage meter. Two existing City -owned street trees (#139931 and #154915) will be impacted by the proposed severance and future redevelopment. A Tree Protection and Enhancement Plan showing suitable protection is required to the satisfaction of Parks & Cemeteries staff prior to approval. Alternatively, a) replacement of 4 suitable trees can be shown on a Street Tree Planting Plan following City of Kitchener Development Manual standards to the satisfaction of Parks & Cemeteries staff or b) suitable financial compensation can be provided prior clearance of Parks and Cemeteries conditions. 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. 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 October 12, 2021 Re: Comments for Consent Application B2021-044, B2021-046, 62021- 047, B2021-054, and B2021-055 Committee of Adjustment Hearing October 19, 2021 CITY OF KITCHENER B2021-044 51 Nelson Avenue Parkwood Homes (KW) Ltd / John Mesina The owner/applicant is proposing to sever the semi-detached dwelling into two legal parcels. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 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. Document Number: 3846480 B2021-046 74 Admiral Road 2611601 Ontario Inc. The owner/applicant is proposing to sever the lot into two lots with the intention of demolishing the current house and building semi -duplex dwelling on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-047 81 Fifth Avenue Branislav and Sanja Mikan / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels to allow for the development of 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. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(o�regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. Document Number: 3846480 B2021-054 74 Rutherford Drive Mirjana and Pero Perencevic / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-055 134 Woolwich Street James and Sue Roberts / A. Sinclair and K. Wills (MHBC) The owner/applicant is proposing to sever a 2,820m2 area from 134 Woolwich Street and add the severed portion to 124 Woolwich Street. Environmental Noise (Advisory Comments): Regional Corridor Planning staff note that any future development on the lands to be severed requiring a zone change or plan of condominium will be required to undertake an environmental noise study to assess potential transportation related noise from the municipal street system in the vicinity of the subject lands. The owners/applicants are responsible to ensure that any future development does not have any environmental noise impacts. Regional Staff may offer a more detailed evaluation and/or alternative Document Number: 3846480 options once more detailed development plans are available should future development on the severed lands be considered. The Region has no objection to the proposed application. 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: 3846480 October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 C>(avid Rry c3 a 4 ��~yation Pj October 8, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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, CPT 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 Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19th, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Kelly-Ruetz, Richard, Project Manager, 519-741-2200 ext. 7110 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -2021-198 SUBJECT: Consent Application B2021-055 Minor Variance Application A2021-118 134 Woolwich Street Owner — James Douglas Roberts & Sue Mary Roberts Applicant — Andrea Sinclair & Kate Wills, MHBC RECOMMENDATION: That application B2021-055 for consent to sever a triangular parcel of land having no street frontage, a width of 116 metres at its largest, and an area of 0.282 hectares, to be conveyed as a lot addition to the property municipally addressed as 124 Woolwich Street be approved with conditions. The retained land will be "flag -shaped" and have a lot width of 3 metres, a depth of 256.61 metres, and an area of 0.7 hectares. Approval is subject to the following conditions: 1. That Minor Variance Application A2021-118 received final approval. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 3. That the Owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or Agn (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 lands to be severed are to be added to the abutting lands and title is to be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5. That the Owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the Owner register a release of any easements made no longer necessary by the transaction on the lands to be severed, to the satisfaction of the City Solicitor. And that application A2021-118 requesting relief from Special Regulation Provision 182R of Zoning By-law 85-1 to permit a minimum lot area of 0.7 hectares rather than the required 0.9 hectares, be approved. REPORT HIGHLIGHTS: • The application is requesting a lot addition by severing a portion of an existing lot containing a single detached dwelling and conveying it to another adjacent lot (lot line adjustment). • The property municipally addressed as 134 Woolwich Street is severing a triangular piece of property and conveying it to adjacent 124 Woolwich Street. • A minor variance is required to legalize the lot area of the retained lot (134 Woolwich Street). Location Map: 134 Woolwich Street REPORT: 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 Three Zone (R-3) in Zoning By-law 85-1 with Special Regulation 182R, which requires a minimum lot width of 3 metres and a minimum lot area of 0.9 hectares. Planning Comments — Consent B2021-055: A portion of the lot at 134 Woolwich Street is proposed to be conveyed to 124 Woolwich Street as a lot addition. No new lot will be created. The existing single detached dwelling at 134 Woolwich Street will remain on the retained lot. The applicant has indicated that the lot addition will facilitate a future development application at 124 Woolwich Street; no concept plan was submitted with the application. Staff emphasises that approval of this lot addition does not constitute support for any future development application at 124 Woolwich Street. Such a proposal would be evaluated at that time. 124 Woolwich Street and 134 Woolwich Street are currently zoned Agricultural Zone (A-1) and Residential Three Zone (R-3), respectively, and do not currently permit any multi -unit development. The triangular severed portion of 134 Woolwich Street that would be conveyed to 124 Woolwich does not have street frontage, would have a depth of about 116 metres, and a lot area of 0.282 hectares. The retained lot at 134 Woolwich Street would have a lot width of 3 metres, a depth of 256.61, and an area of 0.7 hectares. City Planning staff conducted a site inspection of the property on September 29, 2021. > y Entrance t Dwelling at rear of retained portion of 134 Woolwich St. :)olwich St. Entrance t Dwelling at rear of retained portion of 134 Woolwich St. :)olwich St. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for a lot addition. The severed and retained lots will remain irregular in shape and size, which is consistent with the current lot fabric in the surrounding area. The lot shape of retained 134 Woolwich Street is improved with this application as the proposed merger with 124 Woolwich Street improves street access and infill potential for the severed parcel. Subject to approval of the minor variance for the retained lot, both the retained and severed lots meet the Zoning By-law. 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 City's ongoing Comprehensive Review of the Zoning By-law (CRoZBy) currently proposes to permit multi -unit development on 124 Woolwich Street via application of the new RES -5 zone. For 134 Woolwich Street, the existing 85-1 zoning (R-3, 182R) is proposed to be carried forward to the equivalent zone in the new by-law, which would be the RES -2 base zone with a Site Specific Provision akin to existing 182R. In other words, the `severed' triangular parcel as part of this application is not proposed to be zoned RES -5 in CRoZBy. Council has not made a decision on any CRoZBy zones on these lands. These details are provided for Committee's information. Based on the foregoing, Planning staff recommends that Consent Application B2021-055 requesting to sever a portion of the lot at 134 Woolwich Street as a lot addition to 124 Woolwich Street be approved subject to the conditions listed in the recommendation section of this report. -- - -- - Port 1, 58R-4492 j1q1 (LS)� — g —2274// P`H I / � M_w J.D.BARNES L— INFORMATION SPECIALISTS 42-3 MGST. E 2.Nl',TCEL."V'EI� OIL Y�'E4 P. 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R3 (162R) yy 0 M'b / _ ^o ry1 0 ry N ry '3 ry^ ryV tns! No. 651117 RCot Proposed Lot Fabric Planning Comments — Minor Variance A2021-118 The retained lot (134 Woolwich Street) is currently zoned Residential Three Zone (R-3) with Special Regulation Provision 182R which, among other items, requires a lot area of 0.9 hectares. By conveying a triangular portion of the subject property, the minimum lot area would not be met and requires a minor variance. As such relief is requested from Special Regulation Provision 182R of Zoning By-law 85-1 to permit a minimum lot area of 0.7 hectares rather than the required 0.9 hectares. 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 requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The proposed reduction in lot area is not contrary to this objective and it is the opinion of staff that the requested variances are appropriate and continue to meet the general intent of the Official Plan. Any future development would be required to satisfy the objectives of the land use designation and implementing zoning. General Intent of the Zoning By-law The intent of the 0.9 hectare minimum lot area is to ensure a functional lot can be provided on the subject property. By reducing the lot area to 0.7 hectares, the retained lot will maintain street frontage and access, and will continue to function similarly how it does today; presently, the triangular portion to be severed is in an awkward location relative to the existing dwelling on the retained lot and the proposed severance simplifies the lot fabric. Staff is of the opinion that the reduction in the lot area meets the general intent of the Zoning By-law. Is the Variance Minor? Staff is of the opinion that the variance can be considered minor as reduction in lot area will not impact the retained lot's ability to function as a residential property and will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the use and development of the land as it facilitates a lot addition which will improve the irregular lot shape of the subject property. City of Waterloo Comments: The City of Waterloo has no objection to the application, with the understanding that there is insufficient information to evaluate the future redevelopment of the property at this time. The Owner is advised that servicing capacity and availability is not guaranteed for the future redevelopment of the property. In addition, access to Woolwich Street will need to be evaluated as part of the future redevelopment proposal, and the Owner will be responsible for all costs associated with any modifications to the Woolwich Street right-of-way, including but not limited to utility relocates and upgrades. The City of Waterloo reserves the right to amend these comments as more information becomes available. Building Comments: The Building Division has no objections to the proposed consent & variance. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: As no physical alterations or development is proposed to 134 Woolwich Street (retained lands) Environmental Planning has no concerns. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application Engineering Comments: Since there is no new lot being created Engineering has no concerns Operations Comments: Parkland Dedication is not required as no new lot is created. No City -owned street trees will be impacted by the proposed severance or development. 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. 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 October 12, 2021 Re: Comments for Consent Application B2021-044, B2021-046, 62021- 047, B2021-054, and B2021-055 Committee of Adjustment Hearing October 19, 2021 CITY OF KITCHENER B2021-044 51 Nelson Avenue Parkwood Homes (KW) Ltd / John Mesina The owner/applicant is proposing to sever the semi-detached dwelling into two legal parcels. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 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. Document Number: 3846480 B2021-046 74 Admiral Road 2611601 Ontario Inc. The owner/applicant is proposing to sever the lot into two lots with the intention of demolishing the current house and building semi -duplex dwelling on each lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-047 81 Fifth Avenue Branislav and Sanja Mikan / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels to allow for the development of 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. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(o�regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. Document Number: 3846480 B2021-054 74 Rutherford Drive Mirjana and Pero Perencevic / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-055 134 Woolwich Street James and Sue Roberts / A. Sinclair and K. Wills (MHBC) The owner/applicant is proposing to sever a 2,820m2 area from 134 Woolwich Street and add the severed portion to 124 Woolwich Street. Environmental Noise (Advisory Comments): Regional Corridor Planning staff note that any future development on the lands to be severed requiring a zone change or plan of condominium will be required to undertake an environmental noise study to assess potential transportation related noise from the municipal street system in the vicinity of the subject lands. The owners/applicants are responsible to ensure that any future development does not have any environmental noise impacts. Regional Staff may offer a more detailed evaluation and/or alternative Document Number: 3846480 options once more detailed development plans are available should future development on the severed lands be considered. The Region has no objection to the proposed application. 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: 3846480 October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 Grand Ri y@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 C) w i' Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 Ike tion PLAN REVIEW REPORT: City of Kitchener Sarah Goldrup DATE: October 8, 2021 YOUR FILE: B 2021-055 & A 2021-118 GRCA FILE: B2021-055 & A2021-118 — 134 Woolwich Street RE: Application for Consent B2021-055 Application for Minor Variance A2021-118 134 Woolwich Street, City of Kitchener James and Sue Roberts GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above -noted consent or minor variance application. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the retained parcel contains a portion of the Provincially Significant Melitzer Creek Wetland Complex and the regulated allowance adjacent to the wetland. The severed and merged parcel also contains the regulated allowance adjacent to the wetland. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: The consent application proposes to sever part of 134 Woolwich Street and add the lands to 124 Woolwich Street for future infill development. A minor variance is also requested to allow a reduced parcel size for the retained lands. As no additional development is proposed on the retained parcel, GRCA staff do not anticipate impacts to the wetland as a result of the proposed applications. GRCA staff will review any future development on the severed parcel through subsequent processes. Due to the features noted above, portions of the subject lands are regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. \\grfs\files\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Severance\B2021- Page 1 of 055 - 134 Woolwich Street\B2021-055 & A2021-118 - 134 Woolwich Street.docx Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Any future development within the regulated area on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. 3. Plan Review Fees: This application is considered a minor consent application and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $430.00. The applicant will be invoiced in the amount of $430.00 under separate cover. Should you have any questions or require further information, please do not hesitate to contact me at 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CP Resource Planning Technician Grand River Conservation Authority Encl. * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority cc: James & Sue Roberts (via email only) Andrea Sinclair, MHBC (via email only) Kate Wills, MHBC (via email only) \\grfs\files\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Severance\B2021- Page 2 of 2 055 - 134 Woolwich Street\B2021-055 & A2021-118 - 134 Woolwich Street.docx L O . 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Q U O u o o S S v F v 5 Z Staff Report Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -21-203 SUBJECT: Minor Variance Application B2021-119 Consent Applications B2021-056-057 300 Bridge Street East Owner- Kreutner Investments Inc. Applicant: - Pierre Chauvin, MHBC Planning RECOMMENDATION: That application A2021-119 for permission to construct an industrial building having a building height of 14m rather than the maximum permitted height of 10.5m be approved. That application B2021-056-57 for consent to sever a parcel having a width of 367m, a depth of 255m, and an area of 77, 153 sq.m and to grant an easement over the retained lands in favour of the severed lands as outlined on the plan submitted with the application for the purpose of stormwater management 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 $85,581.00. The park land dedication is calculated at the Business Park land class with a parkland dedication rate of 2% of the total site. 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 Agn (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 shall enter into an agreement to be prepared by the City Solicitor which shall acknowledge that the severed lands are un -serviced and shall provide for the installation of services and service connections to the severed lands to be completed prior to any future development of the severed lands. The agreement *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. shall further require the Owner to include a notice provision in all future Agreements of Purchase and Sale for the severed lands advising potential Purchaser(s) that the severed lands are un -serviced. The said agreement shall be to the satisfaction of the Director of Engineering and the City Solicitor and shall be registered on title to the severed lands. 5. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The application is requesting to: 1. Sever the subject lands to create a new industrial lot. 2. Grant an easement over the retained lands in favour of the severed lands for the purposes of stormwater management. 3. Permit a building height of 14 metres on the retained lands whereas 10.5 metres is the maximum building height for lots that abut residentially zoned properties. Location Map: 300 Bridge Street REPORT: BACKGROUND: The property is split -designated as Business Park Employment and Natural Heritage Conservation in the City's Official Plan and split designated Industrial Employment area and Green Area on the City's Urban Structure Map. The property is split -zoned as Restricted Business Park Zone (B-2) and Natural Heritage Conservation (NHC-1) in Zoning By-law 85-1. The applicant has applied for site plan approval to construct an approximately 14, 000 Sq.M industrial building to be used for manufacturing. The site plan has been granted Approval in Principle. The industrial building is located on the western portion of the site and the applicant is seeking to sever the eastern portion of the lands to create a new industrial lot. The stormwater management has been designed to service the entire site, resulting in the need for an easement to recognize the stormwater management infrastructure that will be installed. Planning Comments: Minor Variance- Increase in height 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 split -designated as Business Park Employment and Natural Heritage Conservation in the City's Official Plan, but the portion of the property containing the proposed building is designated Business Park Employment. This designation identifies that lands within proximity to residential areas will be subject to additional buffering requirements such as building setback and landscape screening. The applicant has provided a substantial building setback- the closest residential property line is approximately 63 metres from the proposed building. Landscape screening is proposed to be provided between the building and the residentially zoned properties. In the opinion of Staff, the building has provided adequate buffering and therefore meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that restricts building height to 10.5 metres for lands within the B-2 zone that abut residential zones is to mitigate impacts that taller buildings can have on residents in neighbourhing homes. This regulation is complementary to the minimum side yard setback abutting a residential zone: 14 metres when the building wall contains a window or door. The impact of building height is reduced the further the building is from the property line. While the minimum side yard setback to a residential zone is 14 metres, the proposed side yard setback is 63 metres at the closest point. The proposed side yard setback that exceeds the minimum accomplishes adequate building separation and buffering and effectively mitigates the impacts of the increase in building height in Staff's opinion. The buffer is strengthened by the proposed trees and landscaping proposed between the building and the residential area. A noise wall is also proposed as recommended by the Noise Study that the applicant prepared for the site plan application. Staff are confident that the layout of the site that includes a substantial building setback, noise wall, and landscaping is sufficient to provide an adequate buffer to the residential zone abutting the subject property. 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 building height of 14 metres is not expected to cause adverse impacts to the surrounding neighbourhood. No shadow impacts are expected due to the distance of the building from the residential zones. Staff consider the requested variance to be appropriate. Is the Variance Minor? 4. The proposed variance for building height represents an increase of 3.5 metres and does not substantially alter the massing of the building. It does not represent an increase in floor space as no additional floors will be built above- it is simply increased ceiling height. Staff are of the opinion that the requested variance is minor. Consent- Severance The Owner is requesting permission to sever the subject lands into two lots to create a new industrial lot. The severed lot would have a lot width of 367 metres, a depth of 255 metres, and an area of 77, 153 square metres. The retained lot would have a lot width of 413 metres, a depth of 640 metres, and an area of 206, 000 square metres. 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 lot is 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 are of the opinion that the size, dimension, and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. Consent- Easement The applicant is requesting consent to create an easement for stormwater management on the retained lands. Staff acknowledge that stormwater management is being designed through site plan application SP21 /014/B/ES and encompasses the full lands. Therefore, an easement will be required for outlet of stormwater from the severed lands over the retained lands and ultimately to the City's stormwater management pond. Staff do not have concerns with the creation of this easement as it is required to manage stormwater within the subject lands. City Planning staff conducted a site inspection of the property on October 1, 2021. View of Vacant Site (October 1, 2021) _ x 4 .V IN View of Vacant Site (October 1, 2021) Building Comments: The Building Division has no objections to the proposed variance and consent applications Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: Environmental concerns will be addressed through the Site Plan process. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: The owner will be required to enter into an agreement for the un -serviced severed lot. Parks /Operations Comments: Cash -in -lieu of park land dedication will be required on the severed parcel. The policy standard land valuation of $555,000 per hectare under the Business Park land class with a parkland dedication rate of 2% of the total site will apply. The cash -in -lieu dedication required is $85,581.00. No City -owned street trees will be impacted by the proposed severance or development SEVERED �/rPvf 1 /s,ORAi TER fATERR //SWALE j/ 4 ;,4 REGM'T� uM' EMEM Y Y ERE i '�{f �LCrr/ _a I 31 `'J J �I rf I�J I�+rp IJ EASEMENT FOR FUTURE f TRAIL IN FAV MR OF CRT �Vr JJ OF KRCHEI4ER Part 5 � I J III �IJIj/JI ®IJIiJJ J`I J I/JJ x111 I �fJ Proposed lot fabrics 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: None. N'440r- Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DFVFLOPMFNT AND LFGISLATIVF 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. reg ionofwate rloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT October 14, 2021 Re: Comments for Consent Application B2021-056 Committee of Adjustment Hearing October 19, 2021 CITY OF KITCHENER B2021-056 300 Bridge Street East Kreutner Investments Inc. / P. Chauvin (MHBC) The owner/applicant is proposing to sever the lands and create an easement on the retained lot. The portion of the lands to be retained are planned to be developed as a two storey manufacturing facility and the severed lands are to be sold for future employment uses. A stormwater management easement is being requested on the retained lands. 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. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Record of Site Condition: Regional Staff note that the results of a Phase II Environmental Site Assessment (ESA) prepared by Pinchin dated July 10, 2019 shows known contamination in both soil and Document Number: 3849247 groundwater on the site. Therefore, a Record of Site Condition (RSC) for both the retained and severed parcels will be required prior to final approval due to known contamination on the property and in accordance with the Region's "Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites". A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the Region of Waterloo to fulfill this condition. Cultural Heritage: Regional staff note that the subject property possesses the potential for the recovery of archaeological resources due to the proximity of a watercourse and historically mapped structures, and its location along a historic road. As such, an Archaeological Assessment will be required by a licensed Archaeologist on the lands to be severed, prior to final approval of the consent application. The owner/applicant must submit the Archaeological Assessment report(s) to the Ministry of Heritage, Sport, Tourism and Culture Industries and, once reviewed and accepted, provide a copy of the Ministry's Acknowledgement letter(s) and the Assessment Report to the satisfaction of the Region of Waterloo's Planning, Development and Legislative Services Department. Please note that the completed archaeological assessment may result in recommendations that may need to be secured through a development agreement with the City of Kitchener, or an alternative mechanism acceptable to the Region of Waterloo. Dedicated Road Widening: A dedicated road widening of approximately 3.05m (10 feet) will be required along the entire property frontage on Bridge Street East (RR #52) to comply with the Regional Official Plan (ROP) designated road width of 26.213m. An Ontario Land Surveyor (OLS) would be able to determine the exact amount of widening to be conveyed. Phase I and II ESA reports have already been reviewed by Regional Staff as part of a related Site Plan application SP 21/014/B/ES. As a result of the review, the road widening dedication will be accepted `AS IS' and can be excluded from the Record of Site Condition boundaries of the subject lands. A draft Reference Plan, prepared by an OLS, must be submitted for review and approval prior to submitting the plan to the Land Registry Office. To date, Regional staff note that a draft Reference Plan has not been provided for review and approval. All costs associated with the road widening will be the owner's responsibility and the lands must be dedicated to the Region free of any encumbrances. Environmental Noise Study: A stationary noise study entitled "Environmental Noise Assessment 300 Bridge Street East Kitchener Ontario" prepared by SLR dated February, 2021 was provided with the related Site Plan application SP 21/014/B/ES. The noise study has been prepared to assess the impacts of stationary noise from the proposed development on the nearby noise sensitive land uses. Document Number: 3849247 Preliminary review comments by Regional Staff on the noise study noted that a consultant Statutory Declaration and Owner's Statement were not included in the noise study and these documents are required to be submitted before formal acceptance of the report by Regional Staff. In addition, it was noted that the noise consultant should confirm whether there will be any potential impulse noise sources requiring assessment in the noise study. Notwithstanding confirmation of impulsive noise, a signed consultant declaration and owner's statement, Regional staff generally concurs with the conclusions and recommendations of the draft noise study. Regional staff require that the conclusions and recommendations of the noise study, once accepted and approved by Regional staff, will be implemented through a registered agreement with the owner/applicant and the City of Kitchener. Transportation Impact Study (Advisory Comments): Regional Staff note that a TIS has been prepared and accepted by the Region for the related site plan development on the proposed severed lot. As per the TIS approval conditions, the owner/developer will be required to undertake a TIS for the future development of the retained lot, to the satisfaction of the Region, once development plans are available. Pending the outcome of the future TIS for the retained lot, any additional approval conditions would apply to the retained lands including, but not limited to, an Access Permit, Functional Plans, Cost Estimates, and Dedication of additional lands. Stormwater Management Brief / Detailed Grading Plan (Advisory Comments): The detailed SWM report (pending approval by the Region) for the severed lot will be required for the future development on the retained lands. Transit Planning (Advisory Comments): Once development plans are available, any transit requirements will be identified at a future development application stage (site plan) for the future development on the retained and severed lands. Site Servicing / Work Permit / Municipal Consent (Advisory Comments): A Municipal Consent will be required for the installation of any new service connections and/or to update or remove existing servicing connections for both the severed and retained lands. In addition, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region's right of way. In this regard, please visit: https://rmow. perm itcentral.ca/ 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. Document Number: 3849247 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant file a Record of Site Condition for both the retained and severed lands. 4) That prior to final approval, a licensed Archaeologist prepares an Archaeological Assessment on the lands to be severed and a copy of the Ministry of Heritage, Sport, Tourism and Culture Industries Acknowledgement letter(s) and the Assessment Report must be provided to Regional Staff to the satisfaction of the Region's Planning, Development and Legislative Services Department. 5) That prior to final approval, recommendations from an accepted Archaeological Assessment report(s) will be secured through a development agreement with the City of Kitchener, or an alternative mechanism acceptable to the Region, as necessary. 6) That prior to final approval, a road widening along the entire property frontage on Bridge Street East be dedicated to the Region of Waterloo `AS IS' at no cost to the Region and the dedication must be free and clear of any encumbrances, to be in compliance with the designated road widths in the Regional Official Plan, to the satisfaction of Regional Staff. 7) That prior to final approval, Regional Staff accept the noise study titled "Environmental Noise Assessment 300 Bridge Street East Kitchener Ontario" prepared by SLR dated February, 2021; and the owner/applicant enter into an agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Stationary Noise Study. 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 Cc: Amanda Kutler, (Region) Pierre Chauvin, (MHBC) Eric Schneider, (City of Kitchener) Document Number: 3849247 October 07, 2021 Kristen 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 .and R►��°� C? � �ation P� 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 PLAN REVIEW REPORT: Committee of Adjustment City of Kitchener DATE: FILE: October 5, 2021 Severance — 300 Bridge St E RE: Minor Variance Application A2021-119 Consent Application B2021-056 300 Bridge Street East Kreutner Investments GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objections to the severance or minor variance. We'd caution the applicant and the City about easement alignments. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands are adjacent to the Grand River, and contain its associated floodplain, wetlands and valley slopes. 2. Legislative/Policy Requirements and Implications: Due to the presence of the resource features listed above, the GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area (as shown in yellow on the attached map) will require a permit from the GRCA pursuant to Ontario Regulation 150/06. The applicant previously confirmed the extent of the erosion hazard on the subject lands, through submitting a geotechnical investigation (Pinchin, June 2020) to the GRCA. The severed parcel is outside of the erosion hazard and a 6 metre development setback, and therefore we have no objections to the minor variance application or the proposed severance. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River We issued a GRCA permit for pre -grading (453/21), but another GRCA permit application to develop the retained parcel and implement stormwater management for all of the subject lands (123/21) is currently on hold. We are waiting for a water balance study, as well as subsequent revisions to the environmental impact study and the detailed stormwater management design. We wish to caution the applicant that the stormwater management easement (Part 4) may or may not require adjustment, depending on the outcome of those studies and our review of them. 3. Advisory Comment to the City: The consent application includes an easement in favour of the City for a future trail (Part 5). Any future trail in this area must meet GRCA policy and be supported by additional studies as required. This may change the easement alignment shown on the plan. 4. Review Fees: These applications will be considered minor. We have already received a fee for our review of site plan application SP21-014-B-ES, and so no further fees are required. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(a-�grandriver. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Attachment C.C. 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