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HomeMy WebLinkAboutAdjustment - 2012-01-17COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 17, 2012 MEMBERS PRESENT: Ms. J. Meader and Messrs. A. Head and B. McColl OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Mr. D. Seller, Traffic & Parking Analyst, Ms. D. Saunderson, Secretary-Treasurer, and Ms. H. Dyson, Administrative Clerk Mr. A. Head, Vice-Chair, called this meeting to order at 9:30 a. m. APPOINTMENT SECRETARY-TREASURER Moved by Mr. B. McColl Seconded by Ms. J. Meader That Ms. D. Saunderson be appointed as the Secretary-Treasurer of the Committee of Adjustment. Carried MINUTES Moved by Ms. J. Meader Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment, of December 15, 2011, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: A 2011-071 Applicant: KW Working Centre for the Unemployed Property Location: 87-91 Victoria Street North Legal Description: Lot 70 and Part Lot 69, Plan 374 Appearances: In Support: J. Mancini Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a single storey addition joining the two existing residential care facilities having a front yard setback along Victoria Street North of 6.3m (20.66`) whereas the By-Law permits a maximum of 2m (6.56`); and, a fapade height of 3.1m (10.17`) whereas the By-Law requires a minimum fapade height of 6.Om (19.68`). COMMITTEE OF ADJUSTMENT 2 JANUARY 17, 2012 Submission No.: A 2011-071 (Cont'd The Committee considered the report of the Planning Division, dated December 5, 2011, advising that the subject property is located on the south side of Victoria Street North, west of Weber Street in Downtown Kitchener. The property is identified by two addresses: 87 and 91 Victoria Street. The property has frontage on and access to Victoria Street to the north and Heit Lane to the south. The property contains two buildings originally designed as single detached dwellings, both of which have been converted into small residential care facilities. Both of these buildings are two storeys in height. An addition was constructed onto the rear of 87 Victoria Street and currently functions as a warehouse for the uses at 97 Victoria Street. Staff notes that the owner of the subject property also owns 97 Victoria Street, immediately east of the subject lands, which contains a two storey building of which the main floor is used as a thrift store and the second storey is occupied by St. John's Soup Kitchen. A portion of this legal non-conforming building is located on the subject lands (91 Victoria Street). Parking for the uses at 97 Victoria Street is accommodated on the subject lands within a shared parking lot which is accessed from Heit Lane (only). The subject property is designated Warehouse District on the Downtown Land Use Districts map of the Official Plan and is zoned Warehouse District (D-6 ), with Special Regulation Provision 105R, Special Use Provisions 116U and 403U, and Holding Provision 10H. Note that Special Use Provision 403U specifically permits residential care facility and allows this use to locate on the ground floor level of a building. The owner is requesting approval of two minor variances in order to allow the two small residential care facilities to be connected via a one storey, 45 square metre (484 sq.ft.) addition. The proposed addition would function as a lobby, lounge, dining area, and reception for the residential care facility. Through dialogue between the owner, architect, and City, staff has determined that the proposed addition does not constitute "development" under the Planning Act since it does not substantially increase the usability of the building, number of occupants, or intensity of the existing use. The proposed addition rather allows the existing uses to function more effectively. In this regard, the owner has agreed to submit a "Deemed Not Development" application to recognize the proposed addition. In addition to the owner's plans to construct the addition, the owner has agreed to close the Victoria Street access and reinstate landscaping, improve the rear parking area, and implement certain Crime Prevention Through Environmental Design (OPTED) principles. Specifically, the owner is requesting the following minor variances: 1. Requesting a maximum yard abutting a street (other than Francis Street), in this case Victoria Street North, of 6.3 metres, whereas the Zoning By-law requires that a ground floor fapade of a building shall not be more than 2.0 metres from a street line. 2. Requesting a minimum fapade height of 3.1 metres, whereas the Zoning By-law requires a minimum fapade height of 6.0 metres. It should be noted that for the purposes of this application staff has excluded 97 Victoria Street from the review of the subject application in considering the property's independent, legal non-conforming characteristics and has focused on the properties that are subject to the proposed variances and corresponding building addition. Moreover, it should be noted that the subject property's existing westerly side yard of 1.4 metres and existing rear yard of 0.3 metres are considered legal non-conforming. 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. COMMITTEE OF ADJUSTMENT Submission No.: A 2011-071 (Cont'd JANUARY 17, 2012 The variances meet the intent of the City's Official Plan for the following reasons. The Warehouse District designation and associated design policies are concerned primarily with development around or between, and redevelopment and/or adaptive reuse of large, former or underutilized industrial properties. As previously stated, the proposed addition to the residential care facility is not considered development and, therefore, such Official Plan policies do not apply. It should be noted that the long-term intent of the Warehouse District policies is to create a streetscape which comprises 3 to 6 storey buildings with wide building mass to frame the street and reflect a traditional perimeter block pattern. Once the existing buildings and addition containing the residential care facility reach the end of their structural life, it is expected that the lands will be redeveloped in a manner that fully implements the Warehouse District policies. Notwithstanding, staff recommends that the owner be required to submit building elevation drawings for the addition to demonstrate that its design will be compatible with, while not necessarily implementing, the design principles outlined in the Downtown Districts (design) section of the Official Plan. The variances meet the intent of the City's Zoning By-law for the following reasons. The intent of the maximum yard abutting Victoria Street regulation is to ensure that buildings are positioned closer to the street to create an urban, downtown streetscape. In this case, the addition is proposed to be smaller in scale than the existing buildings which it will connect. Staff is of the opinion that from a design perspective, the addition is better suited in its proposed location than in compliance with the regulation. The intent of the minimum fapade height regulation is to achieve medium-scale development or redevelopment of large industrial or formerly industrial properties within the Warehouse District. The regulation is was not intended to address small-scale additions to existing, small-scale buildings. In this case, staff is of the opinion that from a design perspective, the construction of cone-storey, small-scale addition is preferable to atwo-storey or greater addition to achieve zoning compliance. The proposed variances are minor. Staff is of the opinion that the proposed setback increase and fapade height reduction will likely have no unacceptably adverse impacts on adjacent properties, uses, or area given the small-scale of the proposed addition. The proposed variances are appropriate for the desirable development of the land as they will allow a functional improvement to a facility that provides a valuable support service to disadvantaged members of our community. The proposed variances conform to the Provincial Policy Statement and Growth Plan for the Greater Golden Horseshoe. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 28, 2011, advising that on future development applications the owner may be required to convey a road widening along the property frontage at Victoria Street North. In response to questions, Ms. von Westerholt noted that the Zoning By-law supports this development because the properties have merged on title. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of KW Working Centre for the Unemployed, requesting permission to construct a single storey addition joining the two existing residential care facilities having a maximum yard abutting a street (Victoria Street North) of 6.3m (20.66`) whereas the By-Law requires that a ground floor fapade of a building shall not be more COMMITTEE OF ADJUSTMENT 4 JANUARY 17, 2012 Submission No.: A 2011-071 (Cont'd) than 2m (6.56`) from the street line; and, a fapade height of 3.1m (10.17`) whereas the By-Law requires a minimum fapade height of 6.Om (19.68`), on Lot 70 and Part Lot 69, Plan 374, 87-91 Victoria Street North Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for and obtain approval of a "Deemed Not Development" application from the City's Director of Planning. 2. That the owner shall close the driveway between 87 and 91 Victoria Street North and reinstate landscaping to the satisfaction of the City's Director of Transportation Planning and City's Director of Planning. In addition, the owner shall reinstate the curb and gutter at the street, to the satisfaction of the City's Director of Transportation Planning. 3. That the owner shall obtain a Regional Road Access Permit for the closure of the driveway outlined in Condition 2, if required by the Regional Municipality of Waterloo. 4. That the owner shall submit building elevation drawings for the proposed addition demonstrating that the addition is compatible with, while not necessarily implementing, the design principles outlined in the Downtown Districts section of the Official Plan, to the satisfaction of the City's Director of Planning. The owner shall implement these elevation drawings through the building permit process, required through Condition 5. 5. That the owner shall obtain a Building Permit from the City of Kitchener Building Division for the proposed addition. 6. That the owner shall obtain a Certificate of Occupancy for the residential care facility. 7. That the proposed addition shall not be used or converted into an area used for bedrooms or sleeping areas. 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. Carried This meeting recessed at 9:37 a.m. and reconvened at 10:00 a. m. with the following members present: Ms. J. Meader and Messrs. A. Head and B.McColl. NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2012-001 Applicant: Kitchener Wilmot Hydro Property Location: 301 Victoria St S Legal Description: Part Lots 14 & 23, Plan 296, Part Lots 16 & 19, Subdivision of Lot 16, German Company Tract, Part Lot 16, German Company Tract, Lots 4 - 7, Part Lots 1, 2, 3, 8 & 22, Subdivision of Lot 17, German Company Tract, and Lot 45 & Part Lot 46, Registered Plan 739 COMMITTEE OF ADJUSTMENT 5 JANUARY 17, 2012 Submission No.: A 2011-001 (Cont'd Appearances: In Support: K. Murphy Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to legalize an existing commercial building having a 13% landscaped open space requirement whereas the By-law requires a minimum landscaped open area of 30%. The Committee considered the report of the Planning Division, dated December 30, 2011, advising that the subject property is zoned Major Institutional Zone (I-3) with special provisions 1R and 90U in the Zoning By-law and designated Major Institutional in the City's Official Plan. The site contains an existing Kitchener Wilmot Hydro Warehouse and Office. Special regulation provision 1 R requires a Fill, Construction and Alternation to Waterways Permit from the Grand River Conservation Authority should any construction or filling take place. Special use provision 90U permits offices, warehousing and outdoor storage for the use of Kitchener Wilmot Hydro. The applicant is proposing to build an addition to the warehouse space and create additional parking on-site (subject to Stamped Plan Application SP11/086/V/MV). Relief is being requested from Section 33.3.1 of Zoning By-law 85-1 (Minimum Landscaped Area). Section 33.3.1 requires a Minimum Landscaped Area of 30%, whereas the applicant is providing 13%. This is an existing condition that exists because of the size of the site and requirements of the 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 regarding the requested minor variance: The requested reduced minimum landscaped area meets the intent of the Official Plan. Major Institutional Districts are areas in which the predominant uses of land are institutional establishments devoted to the promotion and/or delivery of a public or charitable interest or service. The Major Institutional designation requires large areas of land to accommodate buildings, and outdoor activity areas and thus the need for a significantly sized minimum landscaped area. The subject lands are being used for a public utility purpose which puts less emphasis on the requirement for a large outdoor activity area. The proposed variances will permit the existing reduced minimum landscaped area and will maintain the character of the property and surrounding neighbourhood. The purpose of the required minimum landscaped area is to allow for adequate amenity and activity space. The requested 13% minimum landscaped area will continue to provide adequate amenity space for the existing public utility use. Staff conducted a site visit and concludes that 13% will be sufficient amenity space will be maintained for the subject property. The requested minor variance for a reduced minimum landscaped area recognizes an existing situation. Staff is of the opinion that the requested minor variance is in conformity with the intent of the Zoning By-law. The variance is considered minor. Staff is of the opinion that the existing landscape area of 13% will be sufficient for the current use of the site. The requested reduced landscaped area variance recognizes an existing condition. The requested variances will not negatively affect the adjacent property or surrounding neighbourhood. The proposed variance is appropriate for the development and use of the land as the proposed warehouse and office use is a permitted use in the Zoning By-law and has existed in the community for many years. COMMITTEE OF ADJUSTMENT 6 JANUARY 17, 2012 Submission No.: A 2012-001 (Cont'd The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 28, 2011, advising that they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) Resource Planner, dated December 28, 2011, advising that a portion of the subject property is located within the floodplain. The GRCA also advised that the proposed additions circulated with the application are not located within the area regulated by the GRCA. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Kitchener Wilmot Hydro, requesting permission to legalize an existing commercial building having a 13% landscaped open space requirement whereas the By-law requires a minimum landscaped open area of 30%, on Part Lots 14 & 23, Plan 296, Part Lots 16 & 19, Subdivision of Lot 16, German Company Tract Part Lot 16 German Company Tract, Lots 4 - 7, Part Lots 1, 2, 3, 8 & 22, Subdivision of Lot 17, German Company Tract, and Lot 45 & Part Lot 46, Registered Plan 739, 301 Victoria Street South, 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. Carried 2. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: A 2012-002 Khuong Li and Lam Hue Tri 66 Paige Street Lot 47, Registered Plan 58M-411 P. Haramis T. Neuyen None Written Submissions: None The Committee was advised that the applicant is requesting permission to legalize an existing single family dwelling with a height at the centre of the building to be 11.9m (39.04') rather than the permitted 10.5m (34.44'). The Committee considered the report of the Planning Division, dated January 5, 2012, advising that the subject property located at 66 Paige Street is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The subject property contains an existing house designed with awalk-out basement. The applicant advised that the house was not originally designed to have awalk-out basement due to grading limitations of the subject property at the time. However, in order to keep in line with the houses on either side of the property (that were designed and built with walk-out basements) the grading plan for the subject property was revised COMMITTEE OF ADJUSTMENT 7 JANUARY 17, 2012 2. Submission No.: A 2012-002 (Cont'dl to allow the lot to become more appropriate for this type of product. This resulted in the top of the foundation having to be raised, thereby forcing the house to project further out of the ground than the houses on either side. The overall building height resulted in 11.9 metres rather than the required 10.5 metres as per the Zoning By-law. At the time, the building drawings were not revised to reflect this change and due to this over-site, the increase in building height was over looked. Due to a recent inspection, the need for the minor variance requirement was realised. The owner is now requesting a minor variance from Section 39.2.1 of the Zoning By-law 85-1 to allow an overall building height of 11.9 metres whereas the required maximum building height is 10.5 metres. 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 offer the following comments. The Official Plan designation favours the mixing and the integration of different forms of housing to achieve a low overall intensity of use. It also recognizes the existing scale of residential development and does not allow for any residential building to exceed three storeys in height at street elevation. Planning staff is satisfied that the proposed development maintains the intent of the Official Plan as it contributes a variety of housing types in the surrounding area and will not exceed three storeys in height. The proposed variance meets the intent of the Zoning By-law as the purpose of a 10.5 metre maximum building height is to maintain low rise residential developments which do not exceed three storeys in height. Staff is of the opinion that the proposed additional 1.4 metres increase in height will not disrupt the overall character of the existing developed neighbourhood. The proposed variance is minor as the applicant is proposing a small height increase relative to the overall size of the existing residential dwelling. The 1.4 metre increase in height will have no impact to adjacent lands. The variance is appropriate for the development and use of the land as the increase in height will not exceed three storeys nor will it disrupt the existing developed neighbourhood. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 28, 2011, advising that they have no concerns with this application. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Khuong Li and Lam Hue Tri, requesting permission to legalize an existing single family dwelling with a height at the centre of the building to be 11.9m (39.04') rather than the permitted 10.5m (34.44'), on Lot 47, Registered Plan 58M-411, 66 Paige Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall submit revised elevation drawings to amend Building Permit application #11 119823 to the satisfaction of the City's Building Division. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT 8 JANUARY 17, 2012 2. Submission No.: A 2012-002 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried 3. Submission No.: A 2012-003 Applicant: Robert and Colleen Brittain Property Location: 14 Old Cottage Place Legal Description: Part Lot 125, German Company Tract Appearances: In Support: M. Sonnenberg Contra: None Written Submissions: None At the request of the staff, the Committee agreed to defer consideration of this application to its meeting scheduled for February 21, 2012, to allow for the applicant to submit a revised application, to include an additional variance that was not originally requested. 4. Submission No.: A 2012-004 Applicant: Daniel Calvert Property Location: 152 Louisa Street Legal Description: Part Lots 389 & 390, Plan 376 Appearances: In Support: D. Calvert T. McCulloch Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to legalize an easterly side yard setback of 0.7m (2.3`) rather than the required 1.2m (3.94`); and, legalization of an existing accessory building having a rear yard setback of 0.3m (0.98`) rather than the required 0.6m (1.97`); and, a side yard setback of 0.3m (0.98`) rather than the required 0.6m (1.97`). The Committee considered the report of the Planning Division, dated January 9, 2012, advising that the subject property is municipally addressed as 152 Louisa Street and is located near the northeast corner of the intersection of Duke Street West and Louisa Street. The property is zoned Residential Five (R-5) with Special Use Provision 129U in the City's Zoning By-law 85-1. Special Provision 129U prohibits multiple dwellings. The property is designated as Low Rise Residential in the City's Official Plan. The applicant is seeking relief from Section 39.2.1 of the Zoning By-law to permit a side yard setback of 0.7 metres whereas 1.2 metres is required. The applicant is seeking relief from the By-law to legalize the existing east side yard. As per Section 5.15 of the Zoning By-law (Existing Residential Development clause), the owner must legalize the existing side yard prior to increasing the building floor area. The owner intends to construct a future addition to the rear of the existing dwelling. COMMITTEE OF ADJUSTMENT 9 JANUARY 17, 2012 4. Submission No.: A 2012-004 (Cont'dl 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 pertaining to the proposed setback reductions: The requested variance to legalize the existing side yard setback meets the intent of the Official Plan. Low Rise Residential districts allow for a variety of low density residential uses. The Official Plan outlines criteria for consideration when a minor variance is requested for infill development. The compatibility of the massing and scale of the proposed building as well as compatibility of the streetscape is encouraged for new infill residential developments within existing neighbourhoods. The variance is requested to legalize the existing side yard. The addition is proposed to the rear of the existing building and will not have an impact on the existing streetscape. The addition is proposed to be located more than 1.2 metres from the east property line. The requested variance meets the intent of the Zoning By-law. The intent of the side yard setback is to provide for adequate separation between adjacent dwelling units. The requested 0.7 metre side yard setback only proposes to legalize the existing building. The new addition will be constructed more than 1.2 metres from the side lot line. In this section of Louisa Street, the majority of the existing dwellings feature a driveway leading to the rear yard along the west property line and a decreased east side yard. The off-setting of the buildings from the centre of the property along this section of Louisa Street allows for adequate separation between dwellings. The requested variance is minor because the development of the property as a single detached dwelling is permitted by the City's Official Plan and Zoning By-law. The variance is requested in order to legalize the existing side yard setback. The variance will allow for the legalization of the existing building so that the owner can obtain a Building Permit for an addition to the rear of the existing dwelling. The variance is appropriate for the development and use of the land because, with the requested variance, the existing dwelling can be legalized and expanded. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 28, 2011, advising that they have no concerns with this application. Ms. J. Meader requested clarification on staffs recommendation, noting that the application references variances for the rear yard accessory building. She questioned whether the variances were still required as they were not included in staffs final recommendation. The Chair referenced the notice of hearing indicating that legal notice was given and no one was in attendance in opposition to the application. He stated that if the variances were still required, the Committee could amend the recommendation to include the two variances for the rear yard accessory building. Ms. von Westerholt noted that the drawing provided in the staff report did not include the garage in the rear yard; however, it was referenced on the plan circulated with the application. To ensure that the property is fully compliant, staff would be in support of the Committee amending the recommendation to include the two variances for the rear yard accessory building. Ms. Meader made a motion to approve the application with the amended recommendation to include legalizing the existing accessory building having a rear yard setback of 0.3m (0.98`) rather than the required 0.6m (1.97`); and, a side yard setback of 0.3m (0.98`) rather than the required 0.6m (1.97`), as reflected in the notice of hearing. COMMITTEE OF ADJUSTMENT 10 JANUARY 17, 2012 4. Submission No.: A 2012-004 (Cont'dl Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Daniel Calvert, requesting permission to legalize an easterly side yard setback of 0.7m (2.3`) rather than the required 1.2m (3.94`); and, legalization of an existing accessory building having a rear yard setback of 0.3m (0.98`) rather than the required 0.6m (1.97`); and, a side yard setback of 0.3m (0.98`) rather than the required 0.6m (1.97`), on Part Lots 389 & 390, Plan 376, 152 Louisa Street ,Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 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. Carried CONSENT Submission Nos.: B 2012-001 Applicant: Sinead O'Neill Property Location: 15 and 17 Chicopee Park Court Legal Description: Part Lot 51, Plan 959 Appearances: In Support: S. O'Neill Contra: A. Vassell Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a semi-detached dwelling so each half can be dealt with separately. The land to be severed will have a width on Chicopee Park Court of 9.15m (30.02'), a northerly depth of 29.143m (95.61') and an area of 330.68 sq. m. (3559.41 sq. ft.). The retained land will have a width on Chicopee Park Court of 9.149m (30'), a southerly depth of 30.586m (100.35') and an area of 335.87 sq. m. (3615.28 sq. ft.). The Committee considered the report of the Planning Division, dated December 29, 2011, advising that the subject property is located on Chicopee Park Court. The property is a rectangular shaped lot with approximately 18.36 metres of frontage on Chicopee Park Court. The property contains a two storey semi-detached dwelling that is currently under construction. The subject property is designated Low Rise Residential in the City's Official Plan and is zoned Residential Four (R-4) in the City's Zoning By-law. Through consent application B 2012-001, the owner is proposing to create a new lot by severing the property in nearly equal proportions. Application B2012-001 proposes a semi-detached dwelling on a new lot with 9.18 metres of frontage on Chicopee Park Court, a depth of 30.60 metres, and an area of 335.87 square metres. The retained lot would contain asemi-detached dwelling, which would have 9.18 metres of frontage on Chicopee Park Court, a lot depth of 29.14 metres and a lot area of 330.68 square metres. COMMITTEE OF ADJUSTMENT 11 JANUARY 17, 2012 Submission No.: B 2012-001 (Cont'd 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, the uses of the severed and retained parcels are in conformity with the City's Official Plan, and Zoning By-law. The dimension and shape of the proposed lot is appropriate and suitable for the existing and proposed use. The subject lands front on an established public street. Staff notes that adequate utilities and municipal services are available. The resulting new lot will be compatible in size with the lots in the surrounding area. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated January 10, 2012, advising that the subject lands are approximately 70 metres from River Road East (Regional Road No. 56) and Fairway Road North (Regional Road No. 53). Typically, due to the high traffic volumes on River Road East and Fairway Road North the owner/applicant is required to prepare a Transportation Noise Study to indicate the methods to be used to abate noise levels for the severed lot from traffic noise generated on these roads and if necessary, shall enter into a registered agreement with the Region of Waterloo to provide for the implementation of the approved study. However, since there are several intervening land uses between the proposed dwelling and the traffic sources and the residential dwelling is existing on the retained lot, in lieu of a Transportation Noise Study, the owner/applicant has the option to conduct a Noise Assessment or enter into a registered development agreement with the Region of Waterloo prior to final approval, to include the following noise warning clause in all offers of purchase/sale or rental agreements for the severed and retained lands: "Due to the proximity to River Road East (Regional Road No. 56) and Fairway Road North (Regional Road No. 53), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". The Region has no objection to this application, subject to the following condition That prior to final approval, the owner/developer submits a Transportation Noise Study to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from River Road East (Regional Road No. 56) and Fairway Road North (Regional Road No. 53). Or alternatively, because the residential building is existing on site and there are several intervening land uses between the proposed new lot and noise sources, in lieu of a Transportation Noise Study, the owner/applicant may enter into a registered development agreement with the Regional Municipality of Waterloo, prior to final approval, to include the following noise warning clause in all offers of purchase/sale or rental agreements for both the severed and retained lots: "Due to the proximity to River Road East (Regional Road No. 56) and Fairway Road North (Regional Road No. 53), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". Mr. S. O'Neil advised that he is in agreement with staff's recommendation, as well as the condition requested by the Region. Mr. A. Vassell stated that he was in attendance in opposition to this application. He noted that this property was initially a single family dwelling that housed one family, adding that the applicant has constructed asemi-detached dwelling that they plan on duplexing. He stated that this property has the potential to increase the number of families in the neighbourhood from one to four. He expressed concerns that such a large increase from what previously existed could potentially cause problems with on- street parking. He further advised that additionally to his parking concerns he has experienced frustrations throughout the construction process regarding garbage collection. COMMITTEE OF ADJUSTMENT 12 JANUARY 17, 2012 Submission No.: B 2012-001 (Cont'd) In response to questions, Mr. O'Neil advised that it is his intention to duplex the newly constructed semi-detached dwellings. The semi's would be comprised of two 1000 sq.ft., 3 bedroom units. He noted that there will be a minimum of three parking spaces for each semi, with the potential to lengthen the driveway and potentially add a fourth space. Mr. J. Lewis noted that the applicant is only required to provide 1 parking space per unit, so each semi would require a total of 2 spaces. He stated that the applicant has proposed to provide an additional space than what is required for each semi. Ms. J. von Westherholt further advised that this property is within walking distance to Fairway Road and rentals of this nature are likely to attract tenants who are more likely to use public transit. She noted that this lot is fairly deep and there is the potential that a fourth space could be provided, if parking becomes a challenge. Ms. J. Meader advised that this type of development is in compliance with the Provincial Policies for intensification and has met all the required parking requirements. She noted that she was in support of the application and staff's recommendation. Mr. B. McColl questioned whether there should be an additional condition added to include buildings comments regarding fire separation on the proposed property. Ms. von Westherholt noted that the applicant would only receive an Occupancy Permit for the units if he obtained the required building inspections. Mr. O'Neil further advised that he has already met the building code requirements regarding fire separation. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Sinead O'Neill requesting permission to sever a parcel of land having a width on Chicopee Park Court of 9.15m (30.02'), a northerly depth of 29.143m (95.61') and an area of 330.68 sq. m. (3559.41 sq. ft.), on Part Lot 51, Plan 959, 15 Chicopee Park Court, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% ($4,221.88) of the value of the lands to be severed. 4. That 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 lands and/or retained) lands. 5. That the owner shall make satisfactory financial arrangements with the City's Engineering Services Division for the removal of any redundant service connections and/ or the installation of all new service connections to the (severed lands and/or retained) lands that may be required to service this property. 6. That the owner shall submit a Transportation Noise Study to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from River Road East (Regional Road No. 56) and Fairway Road North (Regional Road No. 53). Or alternatively, because the COMMITTEE OF ADJUSTMENT 13 JANUARY 17, 2012 Submission No.: B 2012-001 (Cont'd) residential building is existing on site and there are several intervening land uses between the proposed new lot and noise sources, in lieu of a Transportation Noise Study, the owner may enter into a registered development agreement with the Regional Municipality of Waterloo, to include the following noise warning clause in all offers of purchase/sale or rental agreements for both the severed and retained lots: "Due to the proximity to River Road East (Regional Road No. 56) and Fairway Road North (Regional Road No. 53), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". 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 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 January 17, 2014. Carried 2. Submission Nos.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: B 2012-002 William O'Neil and Richard Degroot 86 & 88 Morgan Avenue Part Lot 25, Registered Plan 959 B. O'Neill Z. Gawel Written Submissions: None The Committee was advised that the applicants are requesting permission to sever a semi-detached dwelling so each half can be dealt with separately. The land to be severed will have a width on Morgan Avenue of 9.14m (29.99'), a depth of 32.6m (106.95') and an area of 298.5 sq. m. (3213.027 sq. ft.). The retained land will have a width on Morgan Avenue of 9.14m (29.99'), a depth of 32.625m (107.04') and an area of 298.32 sq. m. (3211.09 sq. ft.). The Committee considered the report of the Planning Division, dated January 5, 2012, advising that the subject property is designated as Low Rise Residential in the Official Plan and zoned Residential Four Zone (R-4) in the Zoning By-law and contains a semi- detached residential dwelling. The applicants are requesting consent to sever the subject property into two lots in such a way as to allow separate ownership of each semi-detached unit. The severed lot COMMITTEE OF ADJUSTMENT 14 JANUARY 17, 2012 2. Submission No.: B 2012-002 (Cont'd) would have a frontage of 9.14 metres, a depth of 32.64 metres and an area of 298.50 square metres, while the retained lot would have a similar frontage of 9.14 metres, depth of 32.63 metres and an area of 298.32 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, the uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law 85-1. Planning staff is of the opinion that the proposal conforms with the regulations of the Residential Four Zone (R-4 ). Section 4 of the Zoning By-law defines asemi-detached dwelling as "a building divided vertically into two semi-detached houses by a common wall which prevents internal access between semi-detached houses and extends from the base of the foundation to the roof line and for a horizontal distance of not less than 35 percent of the horizontal depth of the building. Each semi-detached house shall be designed to be located on a separate lot having access to and frontage on a street." The proposed severance is required to create separate semi-detached dwelling units and allow separate ownership of each. In addition, the dimensions and shapes of the proposed lots are appropriate and suitable for the use of the properties as semi-detached houses, the lands front on an established public street, and both parcels of land will require independent service connections to municipal services for sanitary, storm and water. Also, the resultant lots will be compatible with those in the surrounding area. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated January 10, 2012, advising that the subject lands are approximately 30 metres from Fairway Road North (Regional Road No. 53). Typically, due to the high traffic volumes on Fairway Road North the owner/applicant is required to prepare a Transportation Noise Study to indicate the methods to be used to abate noise levels for the severed lot from traffic noise generated on these roads and if necessary, shall enter into a registered agreement with the Region of Waterloo to provide for the implementation of the approved study. However, since there are intervening land uses between the proposed dwelling and the traffic sources and the residential dwelling is existing on the retained and severed lot, in lieu of a Transportation Noise Study, the owner/applicant has the option to conduct a Noise Assessment or enter into a registered development agreement with the Region of Waterloo prior to final approval, to include the following noise warning clause in all offers of purchase/sale or rental agreements for the severed and retained lands: "Due to the proximity to Fairway Road North (Regional Road No. 53), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". The Region has no objection to this application, subject to the following condition That prior to final approval, the owner/developer submits a Transportation Noise Study to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Fairway Road North (Regional Road No. 53). Or alternatively, because the residential building is existing on site and there are several intervening land uses between the proposed new lot and noise sources, in lieu of a Transportation Noise Study, the owner/applicant may enter into a registered development agreement with the Regional Municipality of Waterloo, prior to final approval, to include the following noise warning clause in all offers of purchase/sale or rental agreements for both the severed and retained lots: COMMITTEE OF ADJUSTMENT 15 JANUARY 17, 2012 2. Submission No.: B 2012-002 (Cont'd) "Due to the proximity to Fairway Road North (Regional Road No. 53), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". Mr. Z. Gawel advised that he is in attendance in opposition of this application. He expressed concerns with the process that the City uses to approve these types of developments, noting that there has been no communication on behalf of the City or the applicant regarding the future use of the property. He indicated that the applicant plans on duplexing the proposed semi's and noted that the City has already approved this type of development without any consultation from the neighbourhood. Mr. Gawel further advised that he has additional concerns with: proposed parking onsite; the preservation of trees; the grading plan; as well as, the disruption that has been created due to the construction onsite. He indicated that as part of the development, the applicant has blocked off the sidewalk for approximately four months, creating a safety hazard for any pedestrians trying to cross, noting it was a high traffic zone for school children. Ms. von Westerholt stated that the applicant has complied with all the requirements of development. She noted that anyone wishing to duplex their home can do so as long as they comply with all the prescribed Zoning and Building regulations. She further indicated that the owner in order to demolish the existing home was required to submit a demolition application which would have been advertised to the public and approved by Council prior to the previous dwelling being torn down. The Chair noted that although he is sympathetic to the frustrations and concerns addressed by the neighbour, the Committee can only consider the application that is before them. He stated that proposed application deals with the creation of a new lot, it does not take into consideration the types of uses that would be permitted. It is the applicant's responsibility to address all the required regulations through the construction process and if the zoning permits, the property can be duplexed. Mr. McColl noted the comments of the Region of Waterloo requesting a Noise Study or Noise clause and stated that it should be added as a condition of approval. Ms. Meader questioned whether the Engineering comments reflected in the staff report should be added as a condition for consistency. Ms. von Westerholt stated that she could support the added condition. Mr. O'Neil noted he would have no concerns with the additional Engineering condition. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of William O'Neil and Richard Degroot requesting permission to sever a parcel of land having a width on Morgan Avenue of 9.144m (30'), a northerly depth of 32.644m (107.09') and an area of 298.5 sq. m. (3213.027 sq. ft.), on Part Lot 25, Registered Plan 959, 86 Morgan Avenue, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT 16 JANUARY 17, 2012 2. Submission No.: B 2012-002 (Cont'd) 3. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That 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 lands and/or retained) lands. 5. That the owner shall make satisfactory financial arrangements with the City's Engineering Services Division for the removal of any redundant service connections and/ or the installation of all new service connections to the (severed lands and/or retained) lands that may be required to service this property. 6. That the owner shall submit a Transportation Noise Study to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Fairway Road North (Regional Road No. 53). Or alternatively, because the residential building is existing on site and there are several intervening land uses between the proposed new lot and noise sources, in lieu of a Transportation Noise Study, the owner may enter into a registered development agreement with the Regional Municipality of Waterloo, to include the following noise warning clause in all offers of purchase/sale or rental agreements for both the severed and retained lots: "Due to the proximity to Fairway Road North (Regional Road No. 53), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". It is the opinion of this Committee that: 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 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 January 17, 2014. Carried 3. Submission Nos.: B 2012-003 Applicant: Sherry O'Donnell Property Location: 139 Huber Street Legal Description: Lots 149 & 150, Registered Plan 308 Appearances: In Support: S. O'Neill Contra: J. Algar A. Ralph COMMITTEE OF ADJUSTMENT 17 JANUARY 17, 2012 3. Submission No.: B 2012-003 (Cont'dl Written Submissions: None The Committee was advised that the applicants are requesting permission to create 2 new lots for residential use. The severed parcel will have a frontage on Huber Street of 9.38m (30.77`), a depth of 49.987m (163.7`) and an area of 468.81 sq.m. (5046.23 sq.ft). The parcel will contain a new single family dwelling. The retained parcel will have a frontage on Huber Street of 15m (49.21`), a depth of 49.98m (163.98`) and an area of 749.70 sq. m. (8069.70 sq.ft.). The retain parcel will contain a new semi-detached dwelling. The existing single family dwelling and garage will be demolished. The Committee considered the report of the Planning Division, dated January 10, 2012, advising that the subject property is located on the southwest side of Huber Street, between Kinzie Avenue and Florence Avenue. This section of Huber Street is comprised of low density residential land uses, primarily one and one-and-a-half storey single detached dwellings. The properties that back onto the subject property have frontage on Weber Street, are commercially zoned (C-6 Zone) and contain commercial uses. Staff notes that the subject property is composed of two abutting whole lots on a plan of subdivision (i.e., Lots 149 and 150, Registered Plan 308). The subject property contains a one storey single detached dwelling constructed in approximately 1948. This dwelling is legitimately located on the lot boundary of the two abutting lots that form the subject property. The property possesses approximately 24.4 metres of frontage on Huber Street and is approximately 1218.7 square metres in area. The property is designated Low Rise Residential and is zoned Residential Four (R-4 ). Practically, the applicant is requesting consent that would have the effect of reconfiguring the lotting pattern and allowing the future development of: a single detached dwelling on the parcel labelled as the "Proposed Severance" on the drawing provided with the application form. This resultant parcel would have a lot width of 9.38 metres and an area of 468.9 square metres (as shown on the application form and plan provided with the form). a semi-detached dwelling on the parcel labelled as "Retained Lands" on the drawing provided with the application form. This resultant parcel would have a lot width of 15.0 metres and a lot area of 749.8 square metres (as shown on the application form and plan provided with the form). Technically, the applicant is requesting consent to sever a parcel of land from Lot 150, Registered Plan 308 with a width of 2.8 metres, a depth of 50.0 metres, and an area of 140.4 square metres and to add it to the abutting lot, legally described as Lot 149, Registered Plan 308. It should be noted that both proposed resultant parcels possess the least lot width along this stretch of Huber Street for the intended uses. However, the property addressed as 159 Huber Street (located three properties to the southwest) contains a single detached dwelling that possesses a comparable lot width of 10.8 metres and a lot area significantly less than the proposed parcel to contain the single detached dwelling at 270 square metres (58% of the "Proposed Severance" parcel). In addition, the properties addressed as 158 and 160 Huber Street contain a semi- detached dwelling that possess a comparable lot width of 15.2 metres and a lot area significantly less than the proposed parcel to contain the semi-detached dwelling at 566.7 square metres (76% of the "Retained Lands" parcel). An analysis of the sketch provided with the application demonstrates that the proposed resultant lots comply with the Zoning By-law for the proposed uses and, therefore, no minor variance approval is necessary. COMMITTEE OF ADJUSTMENT 18 JANUARY 17, 2012 3. Submission No.: B 2012-003 (Cont'dl 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, that highways, utilities and municipal services are available and adequate, and that the configuration of the proposed lots can be considered appropriate for intended uses. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement, 2005 and conforms to the Growth Plan for the Greater Golden Horseshoe, 2006. The Committee considered the report of the Region of Waterloo, Planning, Housing & Community Services, dated January 10, 2012, advising that the subject lands are approximately 48 metres from Weber Street East (Regional Road No. 8) and 200 metres from Provincial Highway No. 8. Due to the high traffic volumes on Weber Street East and Provincial Highway No. 8, the owner/applicant is required to prepare a Transportation Noise Study to indicate the methods to be used to abate noise levels for the severed and retained lot from traffic noise generated on these roads and if necessary, shall enter into a registered agreement with the Region of Waterloo and City of Kitchener to provide for the implementation of the approved study. Transportation Noise Studies shall be completed as per Regional Guideline "Regional Municipality of Waterloo Implementation Guideline for Noise Policies" dated July 14, 1999 and the Noise Consultant must be on the Region's pre-approved list. The Region requires 4 copies complete with a signed Consultant's Declaration and Owner's Statement. A site visit was recently conducted to observe the existing conditions on the site. Although there are interviewing land uses between the subject site and Highway No. 8, there was a steady hum of traffic noise originating from Highway No. 8 which contains an average annual daily traffic (AADT) of over 100,000 vehicles per day. Weber Street East also contributes to this hum of traffic noise with an AADT of over 16,000 vehicles per day. The subject lands are also directly adjacent to a commercial plaza. After conducting a site visit, the existing restaurant; Wimpy's Diner uses the rear doors as an unloading area for product. Wimpy's Diner and the adjacent commercial plaza also contain various HVAC roof-top units. A stationary noise assessment shall be also conducted to account for a worse case scenario when HVAC units are operating. All of these noise sources shall be assessed and combined into a Traffic and Stationary Noise Study to calculate noise levels to determine if special building components or other noise mitigation is required for the proposed new dwellings on the retained and severed lots prior to final approval. The Region has no objection to this application, subject to the following condition: That prior to final approval, the owner/developer submits a Transportation and Stationary Noise Study to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Weber Street East (Regional Road No. 8) and Provincial Highway No. 8 and any stationary noise from the adjacent commercial plaza. If necessary the owner/developer shall enter into a registered agreement with the Regional Municipality of Waterloo and City of Kitchener to provide for the implementation of the approved study. Transportation Noise Studies shall be completed as per Regional Guideline "Regional Municipality of Waterloo Implementation Guideline for Noise Policies" dated July 14, 1999 and the Noise Consultant must be on the Region's pre-approved list. The Region requires 4 copies complete with a signed Consultant's Declaration and Owner's Statement. Mr. J. Algar and Mr. A. Ralph were in attendance in opposition to this application. Mr. Algar stated that their community is a neighbourhood consisting of oversized lots with COMMITTEE OF ADJUSTMENT 19 JANUARY 17, 2012 3. Submission No.: B 2012-003 (Cont'dl affordable housing. He indicated that when he moved into his home, there were approximately 15 houses on the street, and in the past couple years there has been an increased intensification, and now there are approximately 22. He stated that one house on his street was destroyed by fire and replaced with asemi-detached dwelling. He commented that the City's parking regulations, in his opinion, do not address the proper requirements for parking, as the residents of those semi's park on their front lawns. Mr. Algar indicated that this type of intensification has increased traffic on their street and decreased their property values. The Chair noted that although he was sympathetic to frustrations and concerns addressed by the neighbours, the Committee can only consider the application that is before them. He stated that the Province has mandated intensification in the downtown core; this application is a means of achieving those goals. He advised that By-law Enforcement should be notified regarding the neighbours parking on their front lawn. Mr. Ralph advised that he is not opposed to development or intensification. He noted that he would be more in support of the application if it was the addition of one new residential dwelling, not two. The property currently contains one home; however, pending the Committee's approval, there will be three. Mr. Lewis, in response to the concerns of the neighbours regarding the increased traffic on Huber Street, advised that residents may make a request for a Traffic Calming Study to be conducted through the City's Transportation Planning Division to measure the traffic and speed levels on the street. The Chair noted the comments of the Region of Waterloo, requesting a Noise Study. Ms. von Westerholt stated that staff contacted the Region regarding their request to confirm whether a full study would be required. She advised that the Region was firm on their request for that condition. Mr. O'Neil indicated that he was in agreement with staff's recommendation, as well as the request from the Region regarding the study. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Sherry O'Donnell requesting permission to sever a parcel of land from Lot 150, Registered Plan 308 with a width of 2.8 metres, a depth of 50.0 metres, and an area of 140.4 square metres and to add it to the abutting lot, legally described as Lot 149, Registered Plan 308, on Lots 149 & 150, Registered Plan 308, 139 Huber Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner shall apply for and obtain demolition control approval and obtain a building permit from the City to demolish the single detached dwelling existing at the time of submission of Consent Application B2012-003. In addition, should the owner decide to demolish the detached garage in the rear yard, he shall obtain a demolition permit prior to demolition. COMMITTEE OF ADJUSTMENT 20 JANUARY 17, 2012 3. Submission No.: B 2012-003 (Cont'd) 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the removal of redundant service connections and the installation of new service connections to the severed lands and retained lands. 6. That the owner shall close any redundant driveways with new boulevard landscaping, to City of Kitchener standards and any new driveways are to be built to City of Kitchener standards at grade with the sidewalk. All work shall be completed at the owner's expense and shall be completed prior to occupancy of the buildings. 7. That the parcel to be severed from Lot 150, Registered Plan 308 with a width of 2.8 metres, a depth of 50.0 metres, and an area of 140.4 square metres shall be added to the abutting lands legally described as Lot 149, Registered Plan 308 and title be taken into identical ownership. 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. 8. 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. 9. That the owner shall submit a Transportation and Stationary Noise Study to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Weber Street East (Regional Road No. 8) and Provincial Highway No. 8 and any stationary noise from the adjacent commercial plaza. If necessary the owner shall enter into a registered agreement with the Regional Municipality of Waterloo and City of Kitchener to provide for the implementation of the approved study. Transportation Noise Studies shall be completed as per Regional Guideline "Regional Municipality of Waterloo Implementation Guideline for Noise Policies" dated July 14, 1999 and the Noise Consultant must be on the Region's pre- approved list. The Region requires 4 copies complete with a signed Consultant's Declaration and Owner's Statement. It is the opinion of this Committee that: 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 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 January 17, 2014. Carried COMMITTEE OF ADJUSTMENT 21 4. Submission Nos.: CC 2012-001 to CC 2012-004 Applicant: Cornwell Finnigan Ltd. Property Location: 517 Glasgow Street Legal Description: Part Lot 23, Plan 793 Appearances: In Support: P. Finnigan D. Cornwell Contra: None Written Submissions: None JANUARY 17, 2012 The Committee was advised that the applicant is requesting permission to change in conditions for provisional consents B 2011-031 to B 2011-034 to add conditions requiring an easement for Municipal Services satisfactory to the City of Kitchener's Engineering Services. The Committee considered the report of the Planning Division dated, January 9, 2012, advising that Committee of Adjustment approved Consent Application B2011-031, B2011-032, B2011-033, and B2011-034 to sever four single detached residential lots on May 17, 2011. The owner has since undertaken a comprehensive engineering review to determine how to service the approved lots in compliance with City policies. The storm water management scheme proposed for the properties includes a shared underground storage pipe across the rear of the five lots. As per City policies, a 6.0 metre wide servicing easement is required over the 600mm storm pipe in favour of the future owner(s) of the five lots. The City of Kitchener will not assume ownership of the pipe and is not a party to the easement nor cost sharing agreement. As the easement requirement was identified during the review of the engineering design required by the original consent application, a change of condition is requested by the owner to add a condition requiring the easement. Staff are also recommending that the Committee add the following conditions to the original consent decisions to require the owner to establish a servicing easement, as well as a cost sharing and long-term maintenance program for the upkeep and maintenance of the storage pipe. The Committee considered the reports of the Region of Waterloo, Planning, Housing & Community Services, dated January 10, 2012, advising that they have no objections to these applications. Submission No. CC 2012-001 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Cornwell Finnigan Ltd. requesting permission to change the conditions of provisional consent B 2011-031 on, Part Lot 23, Plan 793, 517 Glasgow Street, Kitchener, Ontario, BE GRANTED, such that only the following conditions shall apply to Submission No. B 2011-031: That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg COMMITTEE OF ADJUSTMENT 22 JANUARY 17, 2012 4. Submission No.: CC 2012-001 to CC 2012-004 (Cont'dl Submission No. CC 2012-001 (Cont'd) (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall 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 acash-in-lieu contribution for park dedication in the amount of $34,569.00 (Total for submissions B 2011-031 to B 2011-034). 4. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a road widening along the Glasgow Street frontage, such that the ultimate road width in this location is 26.0 metres, to the satisfaction of the Director of Transportation Planning. 5. That the owner shall obtain a Building Permit for Demolition to demolish the existing single detached dwelling on the subject property and that Demolition Control Application DC11/04/G/GS receive final approval by Kitchener City Council. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands; which shall include the following special conditions: That prior to the issuance of Building Permits on the severed and retained lands, the owner shall: a. Make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. b. 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 lands and/or retained lands. c. Make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. d. Contribute payment in accordance with the City's Master Storm, in the amount of $ 9,316.80, based on an area of 0.30ha and based on (2011 rates) for that part of the cost of the City's stormwater quality management system attributable to the site in accordance with the aforementioned policy. e. Prepare and receive approval of Storm Water Management Scheme, for quantity control, whereby the post-development flows are to be attenuated to the 5 and 100 year pre-development levels, to the satisfaction of the City's Engineering Services. f. Prepare and receive approval of a Grading and Drainage Control Plan and that where site soils are conducive to infiltration, groundwater infiltration measures should be implemented, to the satisfaction of the City's Engineering Services. COMMITTEE OF ADJUSTMENT 23 JANUARY 17, 2012 4. Submission No.: CC 2012-001 to CC 2012-004 (Cont'dl Submission No. CC 2012-001 (Cont'd) g. Prepare and receive approval of a Site Servicing Plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. h. Prepare and receive approval of an Erosion and Sedimentation Control Plan to the satisfaction of the Engineering Division. Prepare and receive approval of a Detailed Geotechnical/Hydrogeological Investigation Report and that this report must distinguish the suitability of soils to support the infiltration of roof water, to the satisfaction of the City's Engineering Services. 7. That the owner shall provide a letter of undertaking, satisfactory to the City's Manager of Development Review, to install a fence in the rear yard of the land to be severed in this application, prior to occupancy of the building. 8. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that they may require. 9. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of the severed and retained land to include the following: a. That the owner shall include the following clause in all agreements of purchase and sale and/or rental agreements for the land to be retained through Submission No.'s B 2011-031 to B 2011-034 inclusive: "Due to the proximity to Glasgow Street projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized to accommodate central air-conditioning by the occupant. " b. That the house to be built on the land to be retained through Submission No.s B 2001-031 to B 2011-034 shall be fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. 10. That the owner shall provide the Regional Municipality of Waterloo with $2,750 (total amount for Submission Nos. B 2011-031 to B 2011-034) for the relocation of the existing transit infrastructure, to the satisfaction of the Regional Commissioner of Planning ,Housing and Community Services. 11. That a 6.0 metre wide servicing easement over a portion of the severed and retained lands, for the purpose of access and maintenance of the shared storm water management infrastructure, be provided in favour of the owner(s) of the retained and severed lands. 12. That the owner shall provide a draft reference plan showing the proposed easement to be approved by the City's Director of Planning in consultation with the City's Director of Engineering. 13. a. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement, including cost sharing provisions, to be approved by the City Solicitor, to ensure that the servicing easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). COMMITTEE OF ADJUSTMENT 24 JANUARY 17, 2012 4. Submission No.: CC 2012-001 to CC 2012-004 (Cont'dl Submission No. CC 2012-001 (Cont'd) b. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. c. That the City Solicitor shall be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. d. That the owner shall provide the Secretary-Treasurer a digital file of the deposited revised reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 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. It is the opinion of this Committee that: 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 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 January 17, 2014. Carried Submission No. CC 2012-002 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Cornwell Finnigan Ltd. requesting permission to change the conditions of provisional consent B 2011-032 on, Part Lot 23, Plan 793, 517 Glasgow Street, Kitchener, Ontario, BE GRANTED, such that only the following conditions shall apply to Submission No. B 2011-032: That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall 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 acash-in-lieu contribution for park dedication in the amount of $34,569.00 (Total for submissions B 2011-031 to B 2011-034). COMMITTEE OF ADJUSTMENT 25 JANUARY 17, 2012 4. Submission No.: CC 2012-001 to CC 2012-004 (Cont'dl Submission No. CC 2012-002 (Cont'd) 4. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a road widening along the Glasgow Street frontage, such that the ultimate road width in this location is 26.0 metres, to the satisfaction of the Director of Transportation Planning. 5. That the owner shall obtain a Building Permit for Demolition to demolish the existing single detached dwelling on the subject property and that Demolition Control Application DC11/04/G/GS receive final approval by Kitchener City Council. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands; which shall include the following special conditions: That prior to the issuance of Building Permits on the severed and retained lands, the owner shall: a. Make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. b. 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 lands and/or retained lands. c. Make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. d. Contribute payment in accordance with the City's Master Storm, in the amount of $ 9,316.80, based on an area of 0.30ha and based on (2011 rates) for that part of the cost of the City's stormwater quality management system attributable to the site in accordance with the aforementioned policy. e. Prepare and receive approval of Storm Water Management Scheme, for quantity control, whereby the post-development flows are to be attenuated to the 5 and 100 year pre-development levels, to the satisfaction of the City's Engineering Services f. Prepare and receive approval of a Grading and Drainage Control Plan and that where site soils are conducive to infiltration, groundwater infiltration measures should be implemented, to the satisfaction of the City's Engineering Services. g. Prepare and receive approval of a Site Servicing Plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. h. Prepare and receive approval of an Erosion and Sedimentation Control Plan to the satisfaction of the Engineering Division. COMMITTEE OF ADJUSTMENT 26 JANUARY 17, 2012 4. Submission No.: CC 2012-001 to CC 2012-004 (Cont'dl Submission No. CC 2012-002 (Cont'd) Prepare and receive approval of a Detailed Geotechnical/Hydrogeological Investigation Report and that this report must distinguish the suitability of soils to support the infiltration of roof water, to the satisfaction of the City's Engineering Services. 7. That the owner shall provide a letter of undertaking, satisfactory to the City's Manager of Development Review, to install a fence in the rear yard of the land to be severed in this application, prior to occupancy of the building. 8. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that they may require. 9. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of the severed and retained land to include the following: a. That the owner shall include the following clause in all agreements of purchase and sale and/or rental agreements for the land to be retained through Submission No.'s B 2011-031 to B 2011-034 inclusive: Due to the proximity to Glasgow Street projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized to accommodate central air-conditioning by the occupant. " b. That the house to be built on the land to be retained through Submission No.s B 2001-031 to B 2011-034 shall be fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. 10. That the owner shall provide the Regional Municipality of Waterloo with $2,750 (total amount for Submission Nos. B 2011-031 to B 2011-034) for the relocation of the existing transit infrastructure, to the satisfaction of the Regional Commissioner of Planning ,Housing and Community Services. 11. That a 6.0 metre wide servicing easement over a portion of the severed lands, for the purpose of access and maintenance of the shared storm water management infrastructure, be provided in favour of the owner(s) of the retained and severed lands. 12. That the owner shall provide a draft reference plan showing the proposed easement to be approved by the City's Director of Planning in consultation with the City's Director of Engineering. 13. a. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement, including cost sharing provisions, to be approved by the City Solicitor, to ensure that the servicing easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). b. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. COMMITTEE OF ADJUSTMENT 27 JANUARY 17, 2012 4. Submission No.: CC 2012-001 to CC 2012-004 (Cont'dl Submission No. CC 2012-002 (Cont'd) c. That the City Solicitor shall be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. d. That the owner shall provide the Secretary-Treasurer a digital file of the deposited revised reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 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. It is the opinion of this Committee that: 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 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 January 17, 2014. Carried Submission No. CC 2012-003 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Cornwell Finnigan Ltd. requesting permission to change the conditions of provisional consent B 2011-033 on, Part Lot 23, Plan 793, 517 Glasgow Street, Kitchener, Ontario, BE GRANTED, such that only the following conditions shall apply to Submission No. B 2011-033: That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall 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 acash-in-lieu contribution for park dedication in the amount of $34,569.00 (Total for submissions B 2011-031 to B 2011-034). COMMITTEE OF ADJUSTMENT 28 JANUARY 17, 2012 4. Submission No.: CC 2012-001 to CC 2012-004 (Cont'd) Submission No. CC 2012-0031Cont'd) 4. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a road widening along the Glasgow Street frontage, such that the ultimate road width in this location is 26.0 metres, to the satisfaction of the Director of Transportation Planning. 5. That the owner shall obtain a Building Permit for Demolition to demolish the existing single detached dwelling on the subject property and that Demolition Control Application DC11/04/G/GS receive final approval by Kitchener City Council. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands; which shall include the following special conditions: That prior to the issuance of Building Permits on the severed and retained lands, the owner shall: a. Make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. b. 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 lands and/or retained lands. c. Make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. d. Contribute payment in accordance with the City's Master Storm, in the amount of $ 9,316.80, based on an area of 0.30ha and based on (2011 rates) for that part of the cost of the City's stormwater quality management system attributable to the site in accordance with the aforementioned policy. e. Prepare and receive approval of Storm Water Management Scheme, for quantity control, whereby the post-development flows are to be attenuated to the 5 and 100 year pre-development levels, to the satisfaction of the City's Engineering Services f. Prepare and receive approval of a Grading and Drainage Control Plan and that where site soils are conducive to infiltration, groundwater infiltration measures should be implemented, to the satisfaction of the City's Engineering Services. g. Prepare and receive approval of a Site Servicing Plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. h. Prepare and receive approval of an Erosion and Sedimentation Control Plan to the satisfaction of the Engineering Division. COMMITTEE OF ADJUSTMENT 29 JANUARY 17, 2012 4. Submission No.: CC 2012-001 to CC 2012-004 (Cont'dl Submission No. CC 2012-003 (Cont'd) Prepare and receive approval of a Detailed Geotechnical/Hydrogeological Investigation Report and that this report must distinguish the suitability of soils to support the infiltration of roof water, to the satisfaction of the City's Engineering Services. 7. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that they may require. 8. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of the severed and retained land to include the following: a. That the owner shall include the following clause in all agreements of purchase and sale and/or rental agreements for the land to be retained through Submission No.'s B 2011-031 to B 2011-034 inclusive: "Due to the proximity to Glasgow Street projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized to accommodate central air-conditioning by the occupant. " b. That the house to be built on the land to be retained through Submission No.s B 2001-031 to B 2011-034 shall be fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. 9. That the owner shall provide the Regional Municipality of Waterloo with $2,750 (total amount for Submission Nos. B 2011-031 to B 2011-034) for the relocation of the existing transit infrastructure, to the satisfaction of the Regional Commissioner of Planning ,Housing and Community Services. 10. That a 6.0 metre wide servicing easement over a portion of the severed lands, for the purpose of access and maintenance of the shared storm water management infrastructure, be provided in favour of the owner(s) of the retained and severed lands. 11. That the owner shall provide a draft reference plan showing the proposed easement to be approved by the City's Director of Planning in consultation with the City's Director of Engineering. 12. a. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement, including cost sharing provisions, to be approved by the City Solicitor, to ensure that the servicing easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). b. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. c. That the City Solicitor shall be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. COMMITTEE OF ADJUSTMENT 30 JANUARY 17, 2012 4. Submission No.: CC 2012-001 to CC 2012-004 (Cont'dl Submission No. CC 2012-003 (Cont'd) d. That the Owner shall provide the Secretary-Treasurer a digital file of the deposited revised reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 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. It is the opinion of this Committee that: 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 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 January 17, 2014. Carried Submission No. CC 2012-004 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Cornwell Finnigan Ltd. requesting permission to change the conditions of provisional consent B 2011-034 on, Part Lot 23, Plan 793, 517 Glasgow Street, Kitchener, Ontario, BE GRANTED, such that only the following conditions shall apply to Submission No. B 2011-034: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file shall 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 acash-in-lieu contribution for park dedication in the amount of $34,569.00 (Total for submissions B 2011-031 to B 2011-034). 4. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, a road widening along the Glasgow Street frontage, such that the ultimate road with in this location is 26.0 metres, to the satisfaction of the Director of Transportation Planning. COMMITTEE OF ADJUSTMENT 31 JANUARY 17, 2012 4. Submission No.: CC 2012-001 to CC 2012-004 (Cont'dl Submission No. CC 2012-004 (Cont'd) That the owner shall obtain a Building Permit for Demolition to demolish the existing single detached dwelling on the subject property and that Demolition Control Application DC11/04/G/GS receive final approval by Kitchener City Council. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and registered on title of the severed lands; which shall include the following special conditions: That prior to the issuance of Building Permits on the severed and retained lands, the owner shall: a. Make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. b. 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 lands and/or retained lands. c. Make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. d. Contribute payment in accordance with the City's Master Storm, in the amount of $ 9,316.80, based on an area of 0.30ha and based on (2011 rates) for that part of the cost of the City's stormwater quality management system attributable to the site in accordance with the aforementioned policy. e. Prepare and receive approval of Storm Water Management Scheme, for quantity control, whereby the post-development flows are to be attenuated to the 5 and 100 year pre-development levels, to the satisfaction of the City's Engineering Services f. Prepare and receive approval of a Grading and Drainage Control Plan and that where site soils are conducive to infiltration, groundwater infiltration measures should be implemented, to the satisfaction of the City's Engineering Services. g. Prepare and receive approval of a Site Servicing Plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. h. Prepare and receive approval of an Erosion and Sedimentation Control Plan to the satisfaction of the Engineering Division. i. Prepare and receive approval of a Detailed Geotechnical/Hydrogeological Investigation Report and that this report must distinguish the suitability of soils to support the infiltration of roof water, to the satisfaction of the City's Engineering Services. That the owner shall make arrangements satisfactory to Kitchener-Wilmot Hydro Inc. for the provision of separate electrical servicing to the lands to be severed and retained; including any easements that they may require. COMMITTEE OF ADJUSTMENT 32 JANUARY 17, 2012 4. Submission No.: CC 2012-001 to CC 2012-004 (Cont'dl Submission No. CC 2012-004 (Cont'd) That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of the severed and retained land to include the following: a. That the owner shall include the following clause in all agreements of purchase and sale and/or rental agreements for the land to be retained through Submission No.'s B 2011-031 to B 2011-034 inclusive: Due to the proximity to Glasgow Street projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized to accommodate central air-conditioning by the occupant." b. That the house to be built on the land to be retained through Submission No.s B 2001-031 to B 2011-034 shall be fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. That the owner shall provide the Regional Municipality of Waterloo with $2,750 (total amount for Submission Nos. B 2011-031 to B 2011-034) for the relocation of the existing transit infrastructure, to the satisfaction of the Regional Commissioner of Planning ,Housing and Community Services. 10. That a 6.0 metre wide servicing easement over a portion of the severed lands, for the purpose of access and maintenance of the shared storm water management infrastructure, be provided in favour of the owner(s) of the retained and severed lands. 11. That the owner shall provide a draft reference plan showing the proposed easement to be approved by the City's Director of Planning in consultation with the City's Director of Engineering. 12. a. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement, including cost sharing provisions, to be approved by the City Solicitor, to ensure that the servicing easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). b. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. c. That the City Solicitor shall be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. d. That the owner shall provide the Secretary-Treasurer a digital file of the deposited revised reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 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. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT 33 JANUARY 17, 2012 4. Submission No.: CC 2012-001 to CC 2012-004 (Cont'dl Submission No. CC 2012-004 (Cont'd 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 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 January 17, 2014. Carried COMBINED APPLICATIONS Submission Nos.: B 2012-004, A 2012-005 & A 2012-006 Applicant: Victoria Vicmount Inc. Property Location: 751 Victoria Street South Legal Description: Part Block A, Registered Plan 1319 Appearances: In Support: F. Kloibhofer C. Robson Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width on Westmount Road of 37.79m (123.98`), a depth of 133.81m (439.01`) and an area of 6800 sq. m. (73194.59 sq.ft). The severed land will be subject to four easements in favour of the retained parcel for points of access; communal storage and refuse areas; parking; Bell Telephone services; and, Kitchener Wilmot Hydro. The severed land will also require a variance for a reduction in floor space ratio whereas the By-law requires a floor space ratio of 0.6. The retained land will have a width on Westmount Road of 132.25m (433.89`), a depth of 72.91m (239.21`) and an area of 10259 sq.m. (110426.96 sq.ft). The retained land will be subject to five easements in favour of the severed land for points of access; Bell Telephone services; and, Kitchener Wilmot Hydro. The retained land will require a variance to provide 152 off-street parking spaces whereas the By-law requires 171. Both properties will continue to be a commercial plaza use. The Committee considered the report of the Planning Division dated, January 6, 2012, advising that the subject property is located at the southwest corner of the intersection of Westmount Road West and Victoria Street South bounded by Vicmount Drive to the south and existing residential properties to the west. 751 Victoria Street encompasses an area of 1.7 hectares with 132 metres of frontage onto Victoria Street and 129 metres of frontage onto Westmount Road. The subject property is currently developed with four commercial buildings as shown above, which form a plaza complex. This development is governed by an existing Site Plan Agreement. The buildings were constructed in the mid to late 1990's. The majority of uses within those buildings are medical and medical-related in nature and restaurants. COMMITTEE OF ADJUSTMENT 34 JANUARY 17, 2012 Submission No.: B 2012-004, A 2012-005 & A 2012-006 (Cont'd) The Official Plan designation of the subject property is Medium Rise Residential. This designation accommodates a full range of medium rise housing types at a maximum net density of two hundred (200) units per hectare and a maximum Floor Space Ratio of 2.0. The zoning, under By-law 85-1, is Commercial Residential Two (CR-2) with special use provision 191U which permits a range of commercial and residential uses with a minimum floor space ratio of 0.6 to a maximum of 2.0. The Proposal The applicant is proposing to sever the subject lands into two parcels. The proposed severance is intended for mortgage purposes to finance the future development of the severed portion. The lands to be severed will have approximately 38 metres of frontage onto Westmount Road and 112 metres of frontage onto Vicmount Drive representing an area of 6800 square metres. The existing Taco Bell restaurant (Building D) will be situated on this portion of the property. The retained lands will contain buildings A, B and C and will have approximately 44 metres of frontage onto Westmount Road and 132 metres of frontage onto Victoria Street with an area of 10259 square metres. In order to facilitate the severance, a number of easements and minor variances are required. 1. Description of Easements Proposed on Retained Portion Easement 1: Easement 1 is 6m wide and is located on the west side of Building A. This easement is in favour of the Severed portion and grants access from the Severed portion to Victoria Street. This easement then continues along the severance line for 40.34m at a width of .46m. Easement 2: Easement 2 is 6m wide and is located between Building A and Buildings B and C. This easement is in favour of the Severed portion and grants access from the Severed portion to Victoria Street. Easement 3: Easement 3 is 6m wide and is located between Building C and the proposed severance line. This easement is in favour of the Severed portion and grants access from the Severed portion to Westmount Road. Easement 4: Easement 4 is a blanket servicing easement over the Retained portion in favour of the Severed lands. There are no existing easements on the Retained portion. 2. Description of Easements Proposed on the Severed Lands Easement 5: Easement 5 is 5.5m+/- wide by 12.72m+/- and is located in the north western corner of the Severed Portion. This easement is in favour of the Retained portion and allows for access to and for the storage of refuse. Easement 6: Easement 6 is located over parking spaces 79-97 (18 spaces) on the Severed portion and is in favour of the Retained portion. This easement grants parking rights to the Retained portion over these spaces. Easement 7: Easement 7 is located over parking spaces 30,31,32,33 and 34 (5 spaces) on the Severed portion and is in favour of the Retained Portion. This easement grants parking rights to the Retained portion over these spaces. COMMITTEE OF ADJUSTMENT 35 JANUARY 17, 2012 Submission No.: B 2012-004. A 2012-005 & A 2012-006 (Cont'd Easement 8: Easement 8 varies in width and is located on the Severed portion running along the majority of the proposed severance line. The eastern limit of this easement abuts easement 3 which is described above. This easement is in favour of the Retained portion and allows for access to parking Easements 6 and 7 described above, while also providing access to Easement 5. This easement also allows for adequate site maneuvering for the Retained portion. Easement 9: Easement 9 is a blanket servicing easement over the Severed portion in favour of the Retained portion. There is an existing 1.5m wide drainage easement which runs along the entire southern flank of the Severed portion by instrument # 440968. The easement will remain and it is a servicing easement in favour of Bell telephone and Kitchener Public Utilities. 3. Minor Variance Aaalications A 2012-005 and A 2012-006 1. A2012-005, affecting the severed portion, is to allow for a floor space ratio of 0.03 instead of the minimum requirement of 0.6. 2. A2012-006, affecting the retained portion, is allow for a reduction in the required parking from 171 to 152 spaces and for a floor space ratio of 0.45 instead of the minimum requirement of 0.6. Planning Comments and Rationale i) Consent and Easement Considerations The proposed severance is intended for mortgage purposes to finance the future development of the severed portion. Staff has met with the applicant on several occasions to discuss the merits of this proposal. It is normally staff's preference to have such requests considered in conjunction with an application for site plan approval. However, as indicated, the owner requires financing to initiate the project and obtaining financing requires the creation of a separate parcel of land. Staff would like to assure the Committee that preliminary conceptual plans have been prepared by the applicant showing that the severed portion will be large enough to accommodate redevelopment in accordance with the CR2 zoning and the severance line has been configured in a manner that will eliminate the requirement for any limiting distance calculations in order to accommodate a future building. For all intents and purposes, the site will function as is, despite being split into two halves. However, the severance will necessitate a number of easements to accommodate such matters as reciprocal access, parking, shared services and shared garbage facilities between the two parcels of land. Staff has no issues with these easements. 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 satisfied that the creation of the severed lot and easements are desirable and appropriate. It has been anticipated that this property may be redeveloped and the proposed severance will facilitate that process. In the meantime, the site will maintain its current commercial plaza function. The proposed lots are of a size suitable to support the existing commercial buildings development on the retained lot and proposed redevelopment on the severed lot. Each property will have frontage onto a public street where municipal services are available, and easements are proposed to ensure mutual access, shared parking and services considerations are maintained between the two parcels of land. The existing development on the retained lands and the proposed development on the severed lands are compatible with the intent of the Official Plan and Zoning By-law. COMMITTEE OF ADJUSTMENT 36 JANUARY 17, 2012 Submission No.: B 2012-004, A 2012-005 & A 2012-006 (Cont'd The proposed consent is consistent with the Provincial Policy Statement (PPS) issued under Subsection 3 (1) of the Act, and conforms to, or does not conflict with any applicable provincial plan or policy. ii) Minor Variance Considerations In addition to easements, B2012-005 will also necessitate the need for two minor variances for the retained lands and one for severed lands. The ensuing section provides a discussion of the variances requested in relation to the four tests of a minor variance. A 2012-005 The variance to allow for a Floor Space Ratio (FSR) of 0.03 meets the intent of the Official Plan for the following reasons. The intent of the Medium Residential Designation is to accommodate a full range of medium rise housing types with a maximum net density of two hundred (200) units per hectare and a maximum Floor Space Ratio of 2.0. While the existing commercial development is non-conforming to this designation, it is the intention through the approval of the consent and corresponding variance applications that redevelopment of the severed lands will occur which will bring the severed lands into closer conformity with the Official Plan Land Use designation. Notwithstanding, this severance would meet the Housing policies of the Official Plan which encourage redevelopment as a means of better utilizing the City's infrastructure and services. Moreover, the City is in the process of preparing a new Official Plan. The proposed land use designation in the new Official Plan is Neighbourhood Mixed Use Centre which will allow for a mixture of commercial and residential uses. This proposed re-designation will bring the retained lands into conformity with the new Official Plan, when approved. This variance meets the intent of the Zoning By-law for the following reasons. The Commercial Residential Two (CR-2) zoning requires a minimum floor space ratio (FSR) of 0.6. The intent of the FSR regulation is to control how densely a site is to be developed. The current FSR for the entire site is 0.28 which is less than the minimum requirement. While it is acknowledged that severing the site exacerbates the FRS over the short term by allowing a much lower overall site density, it actually improves it for the retained portion. The intent of the FSR regulation is to encourage more intensive development, and by severing the lands and recognizing the variance over the short term, over time it will actually help to achieve the intent of the FSR regulation once redevelopment occurs. Regardless of the FSR numbers, it is also important to note that splitting this property will result in two parcels of land that exceed the lot area and lot width regulations of the CR2 zone. This variance is considered minor and appropriate for the development and use of the land for the following reasons. The purpose of the FSR variance is essentially to recognize the FSR deficiency that currently exists. As mentioned, the current FSR for the entire site is 0.28 which is lower than the minimum requirement and while the proposed severance does change the FSR numbers, the effect is still the same. The impact is nil as the site will maintain its current density until such time as redevelopment occurs, then the required minimum FSR will be achieved as this is only an interim situation. A 2012-006 These variances seeking Zoning By-law reductions in FSR to 0.45 from 0.6 and from 171 to 152 parking spaces meets the intent of the Official Plan for the following reasons. The intent of the Medium Residential Designation is to accommodate a full range of medium rise housing types with a maximum net density of two hundred (200) units per hectare and a maximum Floor Space Ratio of 2.0. While the existing commercial development is non-conforming to the current designation; it is however that through the approval of the consent and corresponding variance applications that redevelopment of the severed lands will occur over time thus bringing the severed lands into closer COMMITTEE OF ADJUSTMENT 37 JANUARY 17, 2012 Submission No.: B 2012-004, A 2012-005 & A 2012-006 (Cont'd conformity with the Official Plan. Moreover, the City is in the process of preparing a new Official Plan. The proposed land use designation is Neighbourhood Mixed Use Centre which will allow fora mixture of commercial and residential uses. This designation, once approved, will bring the retained lands into Plan conformity. Additionally, section 8.5.2 of the Official Plan encourages reduced parking requirements where adequate alternative parking facilities are available. In this case, the shortfall of parking on the retained lands is being made up through a surplus of parking on the severed lands. The variances meet the intent of the Zoning By-law for the following reasons. The Commercial Residential Two (CR-2) zoning requires a minimum floor space ratio (FSR) of 0.6. The intent of the FSR regulation is to control how densely a site is to be developed. The current FSR for the entire site is 0.28 but through the severance, it actually increases the FSR to 0.45 for the retained portion. Because redevelopment is not being proposed on this portion, staff is of the opinion that an FSR of 0.45 is minor as the effect of the severance brings the FSR more in line with the minimum 0.6 regulation. It is also important to note that splitting this property will result in two parcels of land that exceed the lot area and lot width regulations of the CR2 zone. The intent of the Zoning By-law with respect to parking is to ensure adequate parking is provided on site. A total of 152 parking spaces will be provided for the three buildings being situated on the retained lands whereas the By-law stipulates 171 spaces based on 1 parking space for every 27 square metres of gross floor building area. To remedy the parking deficiency, the applicant has requested easements over the severed lands for access and use of 23 of 98 spaces situated on the retained lands. Staff is also requesting that the exclusive use of these spaces be placed in a Off-Site Parking Agreement as required by section 6.1.1.1a) ii) of the Zoning By-law. The Taco Bell restaurant would require only 30 of the 98 spaces leaving a surplus of 68 parking spaces. As a result, staff has no concerns with the use of those spaces. This would bring the total number of parking spaces from 152 to 175. The variances are considered minor and appropriate for the development and use of the land for the following reasons. The purpose of the FSR variance is essentially to recognize the FSR deficiency that currently exists. As mentioned, the current FSR for the entire site is 0.28 which is lower than the minimum requirement and while the proposed severance does change the FSR numbers, the effect is still the same as the site will appear unchanged. The impact is nil as the site will function as it does now with access to parking spaces through an easement over the severed lands which will provide an adequate surplus of parking spaces. The easements and Off-Site Parking Agreement will be registered on title to be carried over to any new redevelopment plans for the severed portion. The Committee considered the reports of the Region of Waterloo, Planning, Housing & Community Services, dated January 10, 2012, advising that at this location, Grand River Transit operates an existing transit stop (Easy Go 3910) on Westmount Road West along the subject property frontage. As such, an easement of approximately 2.1 metres by 7.5 metres located on the west side of the sidewalk will be required to be conveyed by separate conveyance to the satisfaction of the Region, at no cost to the Region and free of any encumbrances. Grand River Transit staff would like to review the location with the Developer. The Developer is required to provide the Region a draft Reference Plan to ensure the easement is located in the correct location. After the Region approves the location, the Reference Plan can be registered and the draft Transfer can be prepared and forwarded to Regional Legal Services for registration. The Region also requires the financial contribution in the amount of $1,500 for a transit landing pad for the existing transit stop (Easy Go 3910) located on the west side of the sidewalk on Westmount Road West located close to the intersection of Westmount Road and Victoria Street South. COMMITTEE OF ADJUSTMENT 38 JANUARY 17, 2012 Submission No.: B 2012-004. A 2012-005 & A 2012-006 (Cont'd The Developer is advised as part of future site plan or development applications, a Transportation Impact Study will be required to address traffic movements to and from the site and make recommendations for any possible improvements to accesses if necessary. The Region has no objection to this application, subject to the following conditions: That prior to final approval, the Owner provides the Regional Municipality of Waterloo an approximate 2.1 metre by 7.5 metre transit landing pad and shelter easement for the existing transit stop (Easy Go 3910) located on the west side of the sidewalk on Westmount Road West located close to the intersection of Westmount Road West and Victoria Street South for the purpose of constructing, installing, operating, maintaining, inspecting, altering, moving, replacing, reconstructing and repairing a bus shelter, concrete pad and other works and appurtenances thereto for every such purpose and for all purposes necessary by separate conveyance in a form satisfactory to the Region, at no cost to the Region and free of any encumbrances. The Developer is required to provide the Region a draft Reference Plan to ensure the easement is located in the correct location. After the Region approves the location, the Reference Plan can be registered and the draft Transfer can be prepared and forwarded to Regional Legal Services for registration, and, 2. That prior to final approval, the Owner provides the Regional Municipality of Waterloo the necessary funds in the amount of $1,500 for a new transit landing pad for the existing transit stop (Easy Go 3910). The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 28, 2011, advising that they have no concerns with this application. Ms. von Westerholt advised that as part of the proposed applications, the owner has requested a blanket servicing easement over both the severed and retained land for servicing. She stated that in previous years the City was not in favour of granting blanket easements, and consulted with the Legal Department prior to this meeting to confirm that a blanket easement could be approved and whether they require any additional conditions. She noted that the City Solicitor has requested an additional condition be added to include the requirement for a reference plan or the engineering servicing drawings showing the location of all existing services to the site, including any additional utilities that cross the entire property. Mr. C. Robson advised that he did not object to the additional condition, but noted obtaining a new reference plan would be onerous and costly, as there are approximately 40 servicing connections on the property, that the proposed blanket easement would address. He noted that the applicant could provide copies of all the servicing drawings currently obtained, if the condition could be satisfied with those. Mr. F. Kloibhofer requested clarification for the requirement for the off-street parking agreement noting that the requested easements will all be registered on title. He stated that owner has requested parking easements referenced as 6 & 7 in the staff report and requested the condition for the off-street parking agreement be removed. Ms. von Westerholt stated that staff would be fine amending their recommendation to remove the condition for an off-street parking agreement. Mr. Robson noted for the record that the Regional request to provide funds for a new transit landing pad is premature at this time. Although he does not object to the condition, there is no development happening in the immediate future and the condition for payment for a transit pad is typically in relation to development. He stated that he would be willing to accept the condition as requested to ensure there is no delay in moving forward with the severance application. COMMITTEE OF ADJUSTMENT 39 JANUARY 17, 2012 Submission No.: B 2012-004, A 2012-005 & A 2012-006 (Cont'd) Mr. McColl requested clarification from staff as to whether a parkland dedication requirement would be appropriate to add as a condition of approval. Ms. von Westerholt noted that Community Services Department staff have advised that a condition for parkland dedication would be more appropriate for this property as a condition of Site Plan Approval. Mr. Kloibhofer requested clarification on Condition No. 7 regarding bringing the current site into conformity with the approved 1994 site plan. Mr. Lewis advised that there are a number of deficiencies currently onsite and the owner will be required to remedy some of those inadequacies immediately. He noted that in consultation with staff some of the site deficiencies identified can be dealt through future site development. Submission No. B 2012-004 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Victoria Vicmount Inc., requesting permission to sever a parcel of land having a width on Westmount Road of 37.79m (123.98`), a depth of 133.81m (439.01`) and an area of 6800 sq.m. (73194.59 sq.ft), together with a request for reciprocal easements over the severed and retained parcels for points of access; parking; access to parking; and servicing, on Part Block A, Registered Plan 1319, 751 Victoria Street South, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make arrangements satisfactory to the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener's Digital Design Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure all easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. 6. That the owner shall receive approval for Minor Variance applications A 2012- 005and A 2012-006. 7. That the owner shall bring the current site into conformity with the approved 1994 site plan to the satisfaction of the Director of Planning in consultation with the Director of Transportation Planning. 8. That the owner shall provide copies of a reference plan or the engineering servicing drawings showing the location of all existing services to the site including utilities that traverse the entire property to the satisfaction of the City's Engineering Services Department. COMMITTEE OF ADJUSTMENT 40 JANUARY 17, 2012 Submission No.: B 2012-004, A 2012-005 & A 2012-006 (Cont'd Submission No. B 2012-004 (Cont'd) 9. That the owner shall provide the Regional Municipality of Waterloo an approximate 2.1 metre by 7.5 metre transit landing pad and shelter easement for the existing transit stop (Easy Go 3910) located on the west side of the sidewalk on Westmount Road West located close to the intersection of Westmount Road West and Victoria Street South for the purpose of constructing, installing, operating, maintaining, inspecting, altering, moving, replacing, reconstructing and repairing a bus shelter, concrete pad and other works and appurtenances thereto for every such purpose and for all purposes necessary by separate conveyance in a form satisfactory to the Region, at no cost to the Region and free of any encumbrances. The owner is required to provide the Region a draft Reference Plan to ensure the easement is located in the correct location. After the Region approves the location, the Reference Plan can be registered and the draft Transfer can be prepared and forwarded to Regional Legal Services for registration. 10. That the owner shall provide the Regional Municipality of Waterloo the necessary funds in the amount of $1,500 for a newtransit landing pad for the existing transit stop (Easy Go 3910). It is the opinion of this Committee that: 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 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 January 17, 2014. Carried Submission No. A 2012-005 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Victoria Vicmount Inc. requesting permission for a reduction in floor space ratio of 0.3, whereas the By-law requires a minimum floor space ratio of 0.6, on Part Block A, Registered Plan 1319, 301 Westmount Road West, Kitchener, Ontario, BE APPROVED, subject to the following condition: That owner shall receive approval of Provisional Consent application B 2012- 004. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT 41 JANUARY 17, 2012 1. Submission No.: B 2012-004, A 2012-005 & A 2012-006 (Cont'd) Submission No. A 2012-005 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission No. A 2012-006 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Victoria Vicmount Inc., requesting permission to provide 152 off- street parking spaces whereas the By-law requires 171; and permission to provide a reduction in floor space ratio of 0.45, whereas the By-Law requires a minimum floor space ratio of 0.6, on Part Block A, Registered Plan 1319, 751 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That owner shall receive approval of Provisional Consent application B 2012- 004. 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. ADJOURNMENT On motion, the meeting adjourned at 11:16 a.m. Dated at the City of Kitchener this 17th day of January, 2012. Carried Dianna Saunderson Acting Secretary-Treasurer Committee of Adjustment