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HomeMy WebLinkAboutCA - 2021-11-16COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 CITY OF KITCHENER The Committee of Adjustment held an electronic meeting on this date, commencing at 10:00 a.m. Present: D. Cybalski - Chair B. McColl, Member S. Hannah, Member M. Kidd, Member J. Meader, Member Officials: B. Bateman, Senior Planner S. Ryder, Transportation Services C. Dumart, Senior Planner E. Schneider, Planner R. Kelly-Ruetz, Project Manager S. Goldrup, Committee Administrator C. Owen, Administrative Clerk MINUTES Moved by B. McColl Seconded by S. Hannah That the regular minutes of the Committee of Adjustment meeting held October 19, 2021, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS: COMBINED APPLICATIONS: 1. Submission No.: B 2021-054, A 2021-116 & A 2021-117 Applicants: Pero and Mirjana Perencevic Property Location: 74 Rutherford Drive Legal Description: Part Lot 7, Registered Plan 742 Appearances: In Support: B. Jokanovic Contra: None Written Submissions: None The Committee previously deferred the subject application at the October 19, 2021, Committee of Adjustment meeting, where the Committee was advised that the applicant was requesting was 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 was also being 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. This matter was deferred to provide the applicant time to investigate options for two lots containing single detached dwellings or duplexes on Part Lot 7, Registered Plan 742, 74 Rutherford Drive, Kitchener, Ontario, and to provide additional drawings. The Committee considered Development Services Department report DSD-2021-205 dated October 08, 2021, recommending the applications be refused. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated October 12, 2021, advising they have no objection to application B 2021- 054, subject to conditions outlined in the report. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 273 - CITY OF KITCHENER 1. Submission No.: B 2021-054, A 2021-116 & A 2021-117 The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 7, 2021, advising they have no concerns with applications A 2021-116 and A 2021-117. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. B. Jokanovic was in attendance in support of the application. In response to questions from the Committee, the agent confirmed that they had not been able to confirm the applicant's interest in the suggested amendment of two lots containing single detached dwellings or duplexes, nor were they able to provide additional drawings. The agent requested a further 30-day deferral to the December 14, 2021, Committee of Adjustment meeting. Submission No. B 2021-054, A 2021-116 & A 2021-117 Moved by M. Kidd Seconded by J. Meader That the application of MIRJANA PERENCEVIC and PERO PERENCEVIC requesting 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, BE DEFERRED to the December 14, 2021, Committee of Adjustment meeting, to provide the applicant to investigate options for two lots containing single detached dwellings or duplexes, on Part Lot 7, Registered Plan 742, 74 Rutherford Drive, Kitchener, Ontario. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2021-121 Applicants: Robert Spreitzer and Caley Spreitzer Property Location: 389 Robert Ferrie Drive Legal Description: Lot 101, Registered Plan 58M-384 Appearances: In Support: R. Spreitzer Contra: A. Hawash Written Submissions: S. Bevan S. Kharaud A. Hawash T. Krasovec E. Taylashev J. Clark M. Felder S. Clark The Committee was advised the applicant requested permission to construct stairs for an existing deck for a single detached dwelling having an interior side lot line setback of 0.35m rather than the required 0.75m The Committee considered Development Services Department report DSD-2021-227, dated November 4, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 1, 2021, advising they have no concerns with the subject application. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 274 - CITY OF KITCHENER 1. Submission No.: A 2021-121 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with the subject application. The Committee considered the written submissions in support and opposition to the subject application. R. Spreitzer was in attenda A. Hawash spoke in opposition to the application because of concerns regarding privacy and encroachment. In response to questions from the Committee, R. Spreitzer confirmed the building is a single detached dwelling in the process of being duplexed and that they hired the vendor who constructed the current stairs. The applicant explained the previous property owner had tenants. S. Hannah inquired about the lack of maintenance easement in th be repaired or removed from the front, they had not recommended a maintenance easement with the neighbouring property owners. that previously, the only access to the deck was through the garage, and the stairs will serve to limit encroachment onto the neighbouring property. Further responding to a question from J. Meader, access through the side yard during winter months. S. Hannah stated their concern about the application due to the potential alternative locations for stairs would likely require encroachment. alling a fence or visual barrier and that his neighbour had also previously expressed interest in a fence. R. Kelly- Ruetz also spoke in support of a fence or visual barrier and explained a building permit for the stairs had been applied for and would be is amended to correct a clerical error from the staff report regarding the side lot line setback and to require the property owner to install a visual barrier fence from the front to rear property line to the -laws. Moved by B. McColl Seconded by J. Meader That the application of CALEY SPREITZER and ROBERT SPREITZER requesting permission to construct stairs for an existing deck for a single detached dwelling having an interior side lot line setback of 0.35m rather than the required 0.75m, on Lot 101, Registered Plan 58M-384, 389 Robert Ferrie Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner installs a visual barrier fence from the front to rear property line to the greatest height permissible by the City's by-laws. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 275 - CITY OF KITCHENER 1. Submission No.: A 2021-121 Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered -making process with respect to the subject application. For more information please review the meeting minutes, which are available Carried 2. Submission No.: A 2021-122 Applicants: Fremichael Haile and Saliem Welbegergis Property Location: 256 Belmont Avenue West Legal Description: Lot 17, Plan 788 Appearances: In Support: F. Haile Contra: None Written Submissions: None The Committee was advised the applicant requested permission to convert an existing single detached dwelling into a duplex having a parking space 2.85m setback from the street line rather than the required 6m. The Committee considered Development Services Department report DSD-2021-214, dated November 5, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 1, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with the subject application. F. Haile In response applicant confirmed the three parking spaces would be in tandem. Moved by B. McColl Seconded by M. Kidd That the application of FREMICHAEL HAILE and SALIEM WELDEGERGIS requesting permission to convert an existing single detached dwelling into a duplex having a parking space 2.85m setback from the street line rather than the required 6m, on Lot 17, Plan 788, 256 Belmont Avenue West, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 276 - CITY OF KITCHENER 3. Submission No.: A 2021-123 Applicants: Curtis and Holly Crossman Property Location: 449 East Avenue Legal Description: Lot 12, Plan 655 Appearances: In Support: C. Crossman Contra: None Written Submissions: None The Committee was advised the applicant requested permission to (beverage making) with accessory retail sales to the subject lands to allow for a home business to operate from a single detached dwelling; and, to legalize the existing one-storey garage having a 0.55m side yard setback rather than the required 1.2m. The Committee considered Development Services Department report DSD-2021-224, dated November 5, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 1, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with the subject application. C. Crossman dation. amended to clarify in Condition 3 that the pass-through front window must be in the location shown on the plans submitted with this application. Moved by S. Hannah Seconded by J. Meader That the application of CURTIS AND HOLLY CROSSMAN requesting permission to add the use home business to operate from a single detached dwelling; and, to legalize the existing one-storey garage having a 0.55m side yard setback rather than the required 1.2m, on Lot 12, Plan 655, 449 East Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning division. 2. That the owner shall apply for a building permit prior to construction, to the satisfaction of 3. That the accessory retail is only permitted through the pass-through front window in the location shown on the plans submitted with this application; 4. That accessory retail is only permitted 4 hours a day, 6 days a week; 5. That condition 1 to 4 be completed by January 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. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 277 - CITY OF KITCHENER 3. Submission No.: A 2021-123 It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried 4. Submission No.: A 2021-124 Applicants: Marybeth and Asher Dreise Property Location: 184 Lakeside Drive Legal Description: Lot 198, Part Lot 199, Plan 876 Appearances: In Support: A. Dreise Contra: None Written Submissions: None The Committee was advised that the applicant requested permission to construct a parking space for a single detached dwelling having 0m rather than the required 6m from the street line to facilitate the conversion of the existing garage into an office space for a home business. The Committee considered Development Services Department report DSD-2021-215, dated November 5, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 1, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with this application, noting the application is subject to the GRCA Plan review fee. A. Dreise It amended to Moved by S. Hannah Seconded by B. McColl That the application of MARYBETH AND ASHER DREISE requesting permission to construct a parking space for a single detached dwelling having 0m rather than the required 6m from the street line to facilitate the conversion of the existing garage into an office space for a home business, on Lot 198, Part Lot 199, Plan 876, 184 Lakeside Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority for the application plan review fee. 2.That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning division. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 278 - CITY OF KITCHENER 4. Submission No.: A 2021-124 3. That the owner shall obtain a building permit prior to construction, to the satisfaction of the Building Division. 4. That the owner shall submit elevation drawings and agree to implement the approved plans, to the satisfaction of the Director of Planning. 5. That conditions 1-3 be completed by November 16, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried 5. Submission No.: A 2021-125 Applicants: HIP 741 King Street Inc. Property Location: 741 King Street West Legal Description: Part Lots 44 and 45, Plan 377 Appearances: In Support: T. Hawkins Contra: None Written Submissions: None The Committee was advised the applicant requested permission for a 228-unit multi-residential dwelling under construction having a visitor parking rate of 12.8% (20 spaces) where 20% (32 spaces) is required. The Committee considered Development Services Department report DSD-2021-220, dated November 9, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 1, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with the subject application. T. Hawkins In response pplicant confirmed Condition 1 was in reference to a current site plan amendment application. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 279 - CITY OF KITCHENER 5. Submission No.: A 2021-125 Moved by J. Meader Seconded by B. McColl That the application of HIP 741 KING INC. requesting permission for a 228-unit multi-residential dwelling under construction having a visitor parking rate of 12.8% (20 spaces) where 20% (32 spaces) is required, on Part Lots 44 and 45, Plan 377, 741 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That this approval shall apply only to the development proposed through Site Plan Application SP18/033/K/DE. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried 6. Submission No.: A 2021-126 Applicants: Surinder Valecha and Vandita Valecha Property Location: 59 Frey Crescent Legal Description: Lot 18, Registered Plan 58M-417 Appearances: In Support: V. Gupta Contra: None Written Submissions: None The Committee was advised the applicant requested permission to construct a deck in the rear yard of a single detached dwelling having a northernly side yard setback of 1.14m where 1.2m is required; a southernly side yard setback of 0.92m where 1.2 is required; and, a rear yard setback of 3.72m where 7.5m is required. The Committee considered Development Services Department report DSD-2021-223, dated November 4, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 1, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with the subject application. V. Gupta In response applicant confirmed there would be access to the proposed deck through a rear entryway. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 280 - CITY OF KITCHENER 6. Submission No.: A 2021-126 Moved by S. Hannah Seconded by J. Meader That the application of SURINDER VALECHA AND VANDITA VALECHA requesting permission to construct a deck in the rear yard of a single detached dwelling having a northernly side yard setback of 1.14m where 1.2m is required; a southernly side yard setback of 0.92m where 1.2 is required; and, a rear yard setback of 3.72m where 7.5m is required, on Lot 18, Registered Plan 58M-417, 59 Frey Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit prior to construction, to the satisfaction of Building Division. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried 7. Submission No.: A 2021-127 Applicants: Jaret Glowach and Helene McGraw Property Location: 1084 Union Street Legal Description: Lot 3, Part lot 2, Plan 700 Appearances: In Support: H. McGraw Contra: None Written Submissions: None The Committee was advised the applicant requested permission to construct a second driveway in the easterly side yard of an existing single detached dwelling on a lot having a width of 29.71m, whereas the By-law requires a property to have a width exceeding 30m wide to permit a second driveway. The Committee considered Development Services Department report DSD-2021-222, dated October 5, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 1, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with the subject application. H. McGraw In informally used driveway at the rear of the property. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 281 - CITY OF KITCHENER 7. Submission No.: A 2021-127 Moved by B. McColl Seconded by J. Meader That the application of JANET GLOWACH AND HELENE MCGRAW requesting permission to construct a second driveway in the easterly side yard of an existing single detached dwelling on a lot having a width of 29.71m, whereas the By-law requires a property to have a width exceeding 30m wide to permit a second driveway, on Lot 3, Part lot 2, Plan 700, 1084 Union Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a curb cut permit from the Planning Division. 2. 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 lands, which shall include the following: a. That the owner shall prepare a Street Tree Planting Plan that shows the new street tree in accordance with the City of Kitchener Development Manual Standards, to plan shall be granted except with the prior approval of the Cemeteries. b. The owner shall implement the approved Street Tree Planting Plan, to the It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried 8. Submission No.: A 2021-128 Applicants: 1776411 Ontario Ltd. Property Location: 1333 Weber Street East Legal Description: Lot 127, Lots 29 to 34, Lots 45 to 50, Lot 91, Part Lot 26, Part Lot 12 to Part Lot 17, Part Lot 34, Part Lot 44, Part Lot 86 to Part Lot 90, Part Lot 141 to Part Lot 173, Part Lane , Plan 322 Appearances: In Support: K. Barisdale Contra: None Written Submissions: None The Committee was advised the applicant requested permission to construct a mixed use commercial/residential development including 4 buildings which will be constructed in phases having a total of 622-residential units having a residential parking rate of 0.8 spaces/unit (501 spaces) rather than the required 0.9 spaces/unit (560 spaces) with 40 spaces devoted to commercial uses. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 282 - CITY OF KITCHENER 8. Submission No.: A 2021-128 The Committee considered Development Services Department report DSD-2021-221, dated November 9, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 1, 2021, advising they have no concerns with the subject application subject to review and approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan, as listed as Condition 1 in the staff recommendation. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with the subject application. K. Barisdale Moved by S. Hannah Seconded by M. Kidd That the application of 1776411 ONTARIO LTD. requesting permission to construct a mixed use commercial/residential development including 4 buildings which will be constructed in phases having a total of 622-residential units having a residential parking rate of 0.8 spaces/unit (501 spaces) rather than the required 0.9 spaces/unit (560 spaces) with 40 spaces devoted to commercial uses, on Lot 127, Lots 29 to 34, Lots 45 to 50, Lot 91, Part Lot 26, Part Lot 12 to Part Lot 17, Part Lot 34, Part Lot 44, Part Lot 86 to Part Lot 90, Part Lot 141 to Part Lot 173, Part Lane, Plan 322, 1333 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain approval of the revised TIS/TDM measures by Regional staff, prior to approval of the revision to the original Site Plan. 2. That the owner shall submit and obtain approval of a revision to Site Plan Application Customer Service. 3. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of the subject property, regarding implementation of Transportation Demand Management measures. Said agreement shall be prepared by the City Solicitor, to the rector of Transportation Services, and shall require that parking spaces are rented separately from dwelling units. 4. That the owner shall submit an update to the approved Transportation Impact Study, prior to approval of the revision of the Site Plan Application, to the satisfaction of the Region of Waterloo. 5. That this approval shall apply only to the development proposed through Site Plan Application SP19/105/W/AP and required revisions thereto. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 283 - CITY OF KITCHENER 8. Submission No.: A 2021-128 Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried 9. Submission No.: A 2021-129 Applicants: Andrew and Ashley Harasym Property Location: 106 Belleview Avenue Legal Description: Lot 85, Plan 743 Appearances: In Support: A. Harasym Contra: None Written Submissions: None The Committee was advised the applicant requested permission to convert an existing duplex dwelling into a triplex where the By-law does not permit a triplex as a permitted use. The Committee considered Development Services Department report DSD-2021-219, dated November 3, 2021, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 1, 2021, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with the subject application. A. Harasym In response to questions from the Committee, the applicant confirmed the third unit would be in the basement and there would be no external changes to the existing dwelling. amend Condition 1 to clarify 3-units within the existing dwelling with no external changes. Moved by S. Hannah Seconded by B. McColl That the application of ASHLEY AND ANDREW HARASYM requesting permission to convert an existing duplex dwelling into a triplex where the By-law does not permit a triplex as a permitted use, on Lot 85, Plan 743, 106 Belleview Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. The owner shall obtain site plan approval for the multiple dwelling having 3-units within the existing dwelling and no external changes. 2. The owner shall obtain a Zoning Occupancy Certificate for the 3-unit multiple dwelling. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 284 - CITY OF KITCHENER 9. Submission No.: A 2021-129 Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried CONSENT APPLICATIONS 1. Submission No.: B 2021-058 Applicants: Florim Dragusha Property Location: 30 Third Avenue Legal Description: Lot 41, Plan 254 Appearances: In Support: F. Dragusha Contra: None Written Submissions: None The Committee was advised the applicant was requesting permission to sever a parcel of land to construct a single detached dwelling on each lot. The severed land identified as red on the plan submitted with the application having a width of 10.06m, a depth of 40.23m, and an area of 405.4sq.m. The retained land identified as green on the plan submitted with the application having a width of 10.06m, a depth of 40.23m, and an area of 404.1sq.m. The Committee considered Development Services Department report DSD-2021-225 dated November 5, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated November 8, 2021, advising they have no objection to this application subject to conditions outlined in their report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with the subject application. F. Dragusha In response to questions from the Committee, the applicant confirmed their intent to demolish all existing structures. amend Condition 12 to clarify the existing single detached dwelling and garage be demolished, to the satisfaction of the Chief Building Official. Moved by B. McColl Seconded by J. Meader That the application of 2611601 ONTARIO INC requesting permission to sever a parcel of land to construct a single detached dwelling on each lot. The severed land identified as red on the plan submitted with the application having a width of 10.06m, a depth of 40.23m, and an area of 405.4sq.m. The retained land identified as green on the plan submitted with the application having a width of 10.06m, a depth of 40.23m, and an area of 404.1sq.m., on Lot 41, Plan 254, 30 Third Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are Division. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 285 - CITY OF KITCHENER 1. Submission No.: B 2021-058 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 3. That the owner shall submit the consent application review fee of $350.00 per new lot created to the Region of Waterloo. 4. That the owner must submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo. 5. That the owner shall complete a detailed environmental noise study prepared by a qualified acoustical noise consultant to the agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study which may include, but is not limited to, stationary noise recommendations, special building components, and noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. 6. The owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $4627.60. 7. The owner shall make 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. 8. The owner shall ensure that any new driveways are to be built to City of Kitchener 9. The owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. The owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 11. The owner shall provide 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. 12. 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 Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b.The owner further agrees to implement the approved plan. No changes to the said and the Director of Parks and Cemeteries. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 286 - CITY OF KITCHENER 1. Submission No.: B 2021-058 c. That the owner ensures any boulevard trees identified by the City for retention are Planning. That prior to the issuance of any building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject s and Cemeteries. 13. That the owner shall obtain a demolition permit for the entirety of the existing single detached dwelling and garage proposed to be demolished, to the satisfaction of the Chief Building Official. 14. 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 three 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 Ci Parks & 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 Cemeteries. ii. The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building 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. 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 Street Tree Planting Plan that shows the replacement of the City-owned tree to be removed (located adjacent to the severed and retained lands) with 2 suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the granted except with the prior appr Cemeteries. ii. The owner shall implement the approved Street Tree Planting Plan, to the OR c. Make arrangements regarding financial compensation for the tree to be removed, to COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 287 - CITY OF KITCHENER 1. Submission No.: B 2021-058 It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 16, 2023. Carried 2. Submission No.: B 2021-059 Applicants: Petar and Bojan Bijelic Property Location: 169 Fifth Avenue Legal Description: Part Block F, Plan 254 Appearances: In Support: B. Bijelic Contra: None Written Submissions: None The Committee was advised the applicant was requesting permission to sever a parcel of land identified in red on the plan submitted with the application having a width of 10.06m, a depth of 57.91m, and an area of 582sq.m. The retained land identified as green on the plan submitted with the application having a width of 10.06m, a depth of 57.91m, and an area of 582sq.m. The existing dwellings are proposed to be demolished. The Committee considered Development Services Department report DSD-2021-226 dated November 5, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated November 8, 2021, advising they have no objection to this application subject to conditions outlined in their report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with the subject application. B. Bijelic was in attendance in support of the In response to questions from the Committee, the applicant confirmed their intent to demolish all existing structures. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 288 - CITY OF KITCHENER 2. Submission No.: B 2021-059 It was suggested and agreed that the wording for the amend Condition 11 to clarify the existing single detached dwelling and garage be demolished, to the satisfaction of the Chief Building Official. Moved by B. McColl Seconded by J. Meader That the application of BOJAN AND PETAR BIJELIC requesting permission to sever a parcel of land identified in red on the plan submitted with the application having a width of 10.06m, a depth of 57.91m, and an area of 582sq.m, on Part Block F, Plan 254, 30 Third Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no 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 Technologist. 3. That the owner shall submit the consent application review fee of $350.00 per new lot created to the Region of Waterloo. 4. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $4627.60. 5. That the owner shall make 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. 6. expense prior to occupancy of the building to the satisfaction of the Division. 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 9. That the owner shall provide 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 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 necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 289 - CITY OF KITCHENER 2. Submission No.: B 2021-059 b. The owner further agrees to implement the approved plan. No changes to the said plan Director of Parks and Cemeteries. c. That the Owner ensures any boulevard trees identified by the City for retention are protected during cons permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the 11. That the owner shall obtain a demolition permit for the entirety of the existing single detached dwelling and garage proposed to be demolished, to the satisfaction of the Chief Building Official. 12. 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 three 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 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 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 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. 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 Street Tree Planting Plan that shows the replacement of the City-owned tree to be removed (located adjacent to the severed and retained lands) with 2 suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City Director Parks & Cemeteries. No changes to the said plan shall be granted except ii. The owner shall implement the approved Street Tree Planting Plan, to the ctor Parks & Cemeteries. OR c. Make arrangements regarding financial compensation for the tree to be removed, to the COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 290 - CITY OF KITCHENER 2. Submission No.: B 2021-059 It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 16, 2023. Carried 3. Submission No.: B 2021-060 Applicants: The Governing Council of the Salvation Army Canada Property Location: 75 Tillsley Drive Legal Description: Block 128 & 129, Plan 1819 Appearances: In Support: K. Barisdale Contra: None Written Submissions: None The Committee was advised the applicant was requesting permission to sever identified as Parts 3 to 5 on the plan submitted with the application having a width of 71.5m, a depth of 140.1m, and an area of 10,304sq.m. The retained land identified as Parts 1 and 2 on the plan submitted with the application having a width of 86.6m, a depth of 140.1m, and an area of 16,102sq.m. and will continue to be used for a religious institution. The Committee considered Development Services Department report DSD-2021-216 dated November 9, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated November 8, 2021, advising they have no objection to this application subject to conditions outlined in their report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with the subject application. been previously cleared or were tired to the site but expressed concern about the requirements for the noise study clause as the applicant would not know how the site would be developed through an agreement on the title so as to not impact the severance and sale of the property. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 291 - CITY OF KITCHENER 3. Submission No.: B 2021-060 Moved by M. Kidd Seconded by B. McColl That the application of THE GOVERNING COUNCIL OF THE SALVATION ARMY CANADA requesting permission to sever a parcel of land identified as Parts 3 to 5 on the plan submitted with the application having a width of 71.5m, a depth of 140.1m, and an area of 10,304sq.m, on Block 128 & 129, Plan 1819, 75 Tillsley Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subjec 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 3. That the owner shall submit the consent application review fee of $350.00 per new lot created to the Region of Waterloo. 4. That the owner must submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo. 5. That the owner shall enter into an agreement with the Region of Waterloo to implement the conclusions and recommendations of the accepted Noise Feasibility Study (and Addendum Report), 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. 6. That the owner shall enter into an Agreement with The Corporation of the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director of Reference Plan 58R-20691) and Block 129, Plan 1819, to provide the following: a) That title to the Retained Lands and Block 129, Plan 1819 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Retained Lands or Block 129, Plan 1819, shall be separately conveyed, or otherwise dealt with, without the prior consent of The Corporation of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing. b) Application Consolidation Parcels, to consolidate the severed lands with Block 129, Plan 1819, 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. 7. That the owner shall submit a complete Site Plan Application to revise the existing Site Plan and associated Section 41 Development Agreement for the church on the recipient parcel, lanning, or otherwise receive an exemption from this requirement from said Director. This Site Plan Application shall involve, at minimum, the removal of the retained lands from the plan, but may include revisions to the building, parking, or loading, etc.related to the church. 8.That the owner shall owner make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed lands and, if necessary, also to the retained lands. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 292 - CITY OF KITCHENER 3. Submission No.: B 2021-060 9. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 10. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names 11. a. That the owner shall complete a building code assessment, prepared by a qualified designer, to confirm that the proposed property line and any of the building adjacent to this Chief Building Official. The assessment shall address items such as, but not limited to, as closing in of openings pending spatial separation calculation results. b. That the owner shall obtain a building permit for any remedial work/ upgrades required by the building code assessment. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 16, 2023. Carried 4. Submission No.: B 2021-061 Applicants: Dragan and Ana Ilic Property Location: 111 Schweitzer Street Legal Description: Part Lot 6, Plan 675, being Parts 1 & 2 on Reference Plan 58R-17194 Appearances: In Support: M. Ilic Contra: None Written Submissions: None The Committee was advised the applicant requested permission to sever a parcel of land so each existing 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 17.958m, a depth of 21.224m, and an area of 381.14sq.m. The retained land identified as Part 2 on the plan submitted with the application located having a width on Schweitzer Street of 15.578m, a depth of 21.269m, and an area of 331.33sq.m. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 293 - CITY OF KITCHENER 4. Submission No.: B 2021-061 ( The Committee considered Development Services Department report DSD-2021-217 dated November 5, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated November 8, 2021, advising they have no objection to this application subject conditions outlined in their report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with the subject application. M. Ilic Moved by S. Hannah Seconded by J. Meader That the application of Ana and Dragan Ilic requesting permission to sever a parcel of land so each existing 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 17.958m, a depth of 21.224m, and an area of 381.14sq.m. The retained land identified as Part 2 on the plan submitted with the application located having a width on Schweitzer Street of 15.578m, a depth of 21.269m, and an area of 331.33sq.m., on Part Lot 6, Plan 675, being Parts 1 & 2 on Reference Plan 58R-17194, 111 Schweitzer Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no 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 t. 3. That the owner shall submit the consent application review fee of $350.00 per new lot created to the Region of Waterloo. 4. That the owner must submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo. 5. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $6,902.30. 6. That the owner shall make 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. 7. Transportation and Engineering Division for the funds for the future sidewalk for the entire frontage of the severed portion of land. 8. Division. 9.That the owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 294 - CITY OF KITCHENER 4. Submission No.: B 2021-061 10. 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. 11. That the owner shall provide 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. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 16, 2023. Carried 5. Submission No.: B 2021-062 Applicants: Ingrid Willms (Fehderau) Property Location: 19-21 Wendy Crescent Legal Description: Lot 41, Plan 1661 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicant was requesting to sever a parcel of land so each existing semi-detached dwelling can be dealt with separately. The severed land identified as red on the plan submitted with the application having a width of 10m, a depth of 34m, and an area of 340sq.m. The retained land identified as yellow on the plan submitted with the application located having a width of 10m, a depth of 34m, and an area of 340sq.m. The Committee considered Development Services Department report DSD-2021-218, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated November 8, 2021, advising they have no objection to this application subject conditions outlined in their report. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 295 - CITY OF KITCHENER 5. Submission No.: B 2021-062 The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated November 1, 2021, advising they have no concerns with this application. P. Haramis In response to questions from the Committee, the agent confirmed their support to ensure the party wall complies with the current building code to ensure fire safety. be amended to require a condition requiring the owner to provide proof that the party wall between the two units meets current building code standards to the satisfaction of the Director of Building Services. Moved by J. Meader Seconded by S. Hannah That the application of Ingrid Fehderau requesting permission to sever a parcel of land so each existing 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 17.958m, a depth of 21.224m, and an area of 381.14sq.m. The retained land identified as Part 2 on the plan submitted with the application located having a width on Schweitzer Street of 15.578m, a depth of 21.269m, and an area of 331.33sq.m., on Part Lot 6, Plan 675, being Parts 1 & 2 on Reference Plan 58R-17194, 111 Schweitzer Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no 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 ng Technologist. 3. That the owner shall submit the consent application review fee of $350.00 per new lot created to the Region of Waterloo. 4. That the owner must submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo. 5. 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 $4,600.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 6. That the owner shall make 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. 7. 8. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (asper the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES November 16, 2021 - 296 - CITY OF KITCHENER 5. Submission No.: B 2021-062 10. That the owner shall provide 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. 11. That the owner shall provide proof that the party wall between the two units meets current building code standards to the satisfaction of the Director of Building Services. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 16, 2023. Carried ADJOURNMENT On motion, the meeting adjourned at 1:00 p.m. Dated at the City of Kitchener this 16th day of November, 2021. Sarah Goldrup Acting Secretary-Treasurer Committee of Adjustment