Loading...
HomeMy WebLinkAboutAdjustment - 2013-06-18 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 18, 2013 MEMBERS PRESENT: Messrs. A. Head and B. McColl and Ms. J. Meader OFFICIALS PRESENT: Ms. J. von Westerholt, Mr. D. Pimentel, Traffic Technologist; Mr. J. Medeiros, Planning Technician; Ms. J. Billett, Acting Secretary-Treasurer, Ms. D. Livingstone, Committee Administrator and Ms. H. Dyson, Administrative Clerk. Mr. A. Head, Vice-Chair, called this meeting to order at 10:00 a.m. MINUTES Moved by Mr. B. McColl Seconded by Ms. J. Meader That the minutes of the regular meeting of the Committee of Adjustment held May 21, 2013, as mailed to the members, be accepted. Carried This meeting temporarily recessed at 10:01 a.m. to consider an application under Chapter 680 (Signs) of the City of Kitchener’s Municipal Code and reconvened at 10:06 a.m. with all members present. NEW BUSINESS MINOR VARIANCE Submission No.: 1. A 2013-029 Applicant: Activa Holdings Inc. Property Location: 202 Moorlands Crescent Legal Description: Lot 1, Registered Plan 58M-541 Appearances: In Support: R. Dalling Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a single residential dwelling having a side yard setback abutting South Creek Drive of 3.1m (10.17’) rather than the required 4.5m (14.77’). The Committee considered the report of the Planning Division, dated June 10, 2013, advising that the subject lands are located on Moorlands Crescent, southwest of the Stauffer Drive/South Creek Drive intersection. The lands currently contain no structures, however one single-detached dwelling with frontage on both Moorlands Crescent and South Creek Drive is proposed. The subject lands are designated Low-Rise Residential in the City’s Official Plan and are zoned the Residential Four (R-4) Zone, with special provision 405R in the City’s Zoning By-law. Staff notes that the lands are part of a new low-density residential community that is currently in the early stages of construction. The applicant is requesting a minor variance to allow a 3.1 metre side yard abutting a street setback, whereas Section 38.2.1 of Zoning By-law 85-1 requires a minimum 4.5 metre setback. 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 followingcomments. COMMITTEE OF ADJUSTMENT - 122 -JUNE 18, 2013 Submission No.: 1. A 2013-029 (Cont’d) The requested minor variance to reduce the exterior side yard setback meets the intent of the Official Plan. The subject lands are designated Low-Rise Residential which allows for predominantly low-intensity, residential land uses, such as single-detached dwellings. The proposed variance will have no effect on the overall intensity of the property. The current residential land use of the property will remain. The requested variance to reduce the exterior side yard setback meets the intent of the Zoning By-law. The purpose of a 4.5 metre exterior side yard abutting a street setback is to allow for adequate space between the abutting street and any structures located on the property. Staff is of the opinion that a 3.1 metre setback should provide adequate separation distance between uses. Special Provision 405 does not apply to the proposed variance. The proposed reduction to the side yard abutting a street setback is minor. An appropriate distance between the street and residential use of the property will be maintained with a 3.1 metre setback. The reduction to the setback will have little impact on any surrounding properties. The variance is appropriate for the development and use of this land. The requested variance should not impact any of the surrounding residential uses. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 5, 2013, advising that they have no concerns with this application. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Activa Holdings Inc. requesting permission to construct a single residential dwelling having a side yard setback abutting South Creek Drive of 3.1m (10.17’) rather than the required 4.5m (14.77’), on Lot 1, Registered Plan 58M-541, 202 Moorlands Crescent, Kitchener, BE APPROVED Ontario,, subject to the following condition: 1. That the owner(s) shall obtain a building permit from the City’s Building Division for the proposed single detached dwelling. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried CONSENT Submission No.: 1. B 2013-023 Applicant: Forest Glen Inc. Property Location: 700 Strasburg Road Legal Description: Part Block A, Plan 1416, being Part 1 on Reference Plan 58R-2575, save and except Part 2 on Reference Plan 58R-14781 Appearances: In Support: G. Swinkin Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT - 123 -JUNE 18, 2013 Submission No.: 1. B 2013-023 (Cont’d) The Committee was advised that the applicant is requesting permission for a lease in excess of 21 years to the Canada Trust Company for the building they occupy on the corner of Strasburg Road and Block Line Road within the Forest Glen Plaza. The Committee considered the report of the Planning Division, dated June 10, 2013, advising that the subject lands contain Forest Glen Shopping Centre, a community shopping plaza composed of mainly retail, financial institution, and personal service uses. In addition, to this “strip plaza” there are a few free-standing single occupancy buildings which are subject to leases which have terms in excess of 21 years. City Planning staff conducted a site inspection of the property on June 6, 2013. Under section 50.(3) of the Planning Act no person shall “enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more unless” municipal consent is given (f). In September 2011, the owner at the time (FG Shopping Centre Inc.) requested consent for a lease in excess of 21 years for the TD Canada Trust bank located on the subject lands (Application Number B 2011-049). The Committee approved the consent subject to two standard 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. Unfortunately, the owner did not follow through with fulfilling these two conditions within the specified time limit, and consequently the approval has lapsed. Since the time of the aforementioned applications, Forest Glen Inc. purchased the property. The new owner is now re-filing the same application with respect to the TD Canada Trust building which proceeded to the Committee in September 2011. Staff notes that the owner is concurrently requesting the same type of consent for the Shoppers Drug Mart within the same plaza (Application B 2013-024). As previously mentioned, the application was approved subject to standard conditions. Staff is not aware of any new facts with respect to this consent request and no planning policy changes have occurred since that time. It should be noted that the applicant has prepared the necessary reference plan with respect to the subject property that was required as a condition of the previous consent application (i.e., Condition #2). The TD Canada Trust building is shown as Part 1 on the reference plan provided with the application form. Staff is of the opinion that the requested consent would not have any negative impacts on the remainder of the commercial plaza or its parking areas. Further, staff is of the opinion that the proposed lease in excess of 21 years is consistent with the policy statements issued under subsection 3(1) of the Planning Act, does not conflict with any applicable provincial plans, and conforms to the City’s Official Plan. The Committee considered the report of the Region of Waterloo, Principal Planner, dated June 10, 2013, advising that they have no objection to this application. Moved by Mr. B. McColl Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT - 124 -JUNE 18, 2013 Submission No.: 1. B 2013-023 (Cont’d) That the application of Forest Glen Inc. requesting permission to allow a lease in excess of 21 years to the Canada Trust Company for the TD Canada Trust building they occupy on the corner of Strasburg Road and Block Line Road within the Forest Glen Plaza, on Part Block A, Plan 1416, being Part 1 on Registered Plan 58R-2575, 700 Strasburg Road, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide 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 two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 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 June 18, 2015. Carried Submission No.: 2. B 2013-024 Applicant: Forest Glen Inc. Property Location: 700 Strasburg Road Legal Description: Part Block A, Plan 1416, being Part 1 on Reference Plan 58R-2575, save and except Part 2 on Reference Plan 58R-14781 Appearances: In Support: G. Swinkin Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for a lease in excess of 21 years to the Shoppers Realty Inc. (Shoppers Drug Mart) for the building they occupy on the corner of Strasburg Road and Block Line Road within the Forest Glen Plaza. The Committee considered the report of the Planning Division, dated June 10, 2013, advising that the subject lands contain Forest Glen Shopping Centre, a community shopping plaza composed of mainly retail, financial institution, and personal service uses. In addition, to this “strip plaza” there are a few free-standing single occupancy buildings which are subject to leases which have terms in excess of 21 years. City Planning staff conducted a site inspection of the property on June 6, 2013. Under section 50.(3) of the Planning Act no person shall “enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more unless” municipal consent is given (f). COMMITTEE OF ADJUSTMENT - 125 -JUNE 18, 2013 Submission No.: 2. B 2013-024 (Cont’d) In September 2011, the owner at the time (FG Shopping Centre Inc.) requested consent for a lease in excess of 21 years for the Shoppers Drug Mart retail store located on the subject lands (Application Number B 2011-050). The Committee approved the consent subject to two standard 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 shall be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. Unfortunately, the owner did not follow through with fulfilling these two conditions within the specified time limit, and consequently the approval has lapsed. Since the time of the aforementioned applications, Forest Glen Inc. purchased the property. The new owner is now re-filing the same application with respect to the Shoppers Drug Mart building which proceeded to the Committee in September 2011. Staff notes that the owner is concurrently requesting the same type of consent for the TD Canada Trust within the same plaza (Application B 2013-023). As previously mentioned, the application was approved subject to standard conditions. Staff is not aware of any new facts with respect to this consent request and no planning policy changes have occurred since that time. It should be noted that the applicant has prepared the necessary reference plan with respect to the subject property that was required as a condition of the previous consent application (i.e., Condition #2). The Shoppers Drug Mart building is shown as Part 2 on the reference plan provided with the application form. Staff is of the opinion that the requested consent would not have any negative impacts on the remainder of the commercial plaza or its parking areas. Further, staff is of the opinion that the proposed lease in excess of 21 years is consistent with the policy statements issued under subsection 3(1) of the Planning Act, does not conflict with any applicable provincial plans, and conforms to the City’s Official Plan. The Committee considered the report of the Region of Waterloo, Principal Planner, dated June 10, 2013, advising that they have no objection to this application. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Forest Glen Inc. requesting permission to allow a lease in excess of 21 years to the Shoppers Realty Inc. for the Shoppers Drug Mart building they occupy on the corner of Strasburg Road and Block Line Road within the Forest Glen Plaza, on Part Block A, Plan BE 1416, being Part 1 on Registered Plan 58R-2575, 700 Strasburg Road, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide 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 two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 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. COMMITTEE OF ADJUSTMENT - 126 -JUNE 18, 2013 Submission No.: 2. B 2013-024 (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 June 18, 2015. Carried Submission No.: 3. B 2013-025 Applicant: Polocorp Inc. Property Location: 379-389 Queen Street South / 393-411 Queen Street South and 168 Benton Street / 170-172 Benton Street Legal Description: Part Lots 6, 7 & 9, Plan 397 / Part Lot 5, Plan 397 and Part Lot 5, Plan 397, being Part 4 on Reference Plan 58R-16135 / Part Lot 5, Plan 397 Appearances: In Support: P. Puopolo M. Puopolo Contra: J. Pellar J. Allen D. Shaftoe B. Root Other: R. Mills W. Albrecht E. Albrecht Written Submissions: M. Wasilka M. A. Allen A. Rempel The Committee was advised that the applicant is requesting permission to severe a parcel of land as a lot addition to 170-172 Benton Street to create one new lot for future redevelopment, having frontage on Queen Street South of 32m (104.99’), by a depth of 127.92m (419.69’) and an area of 3244.12m2 (34,920.56 sq.ft.). The retained lands will continue as a commercial / residential use having frontage on Queen Street South of 41.151m (135.01’), by a depth of 77.99m (255.88’) and an area of 3546.34m2 (38,173.74 sq.ft.). The Committee considered the report of the Planning Division, dated June 10, 2013, advising that the subject property is located along the east side of the Queen Street South corridor between Courtland Avenue and Mitchell Street encompassing a total of four separately addressed properties. 379-389 Queen Street South, 393-411 Queen Street South and 168 Benton Street are owned by Polocorp Inc. 170-172 Benton Street is currently owned by Hilda Berberich. 379-411 Queen Street South are designated Mixed Use Corridor in the City’s Official Plan and zoned MU-1 with special uses and regulations. 168-172 Benton Street are designated Medium Density Commercial Residential with Special Policy Number 7 pertaining to the Queen/Benton diversion. They are zoned CR-2 with a holding provision pertaining to the Benton/Queen road diversion. Polocorp is proposing to assemble lands addressed as 399-411 Queen Street South and 168- 172 Benton Street for a proposed redevelopment plan. Firstly in order to do so, Polocorp has applied for consent approval to create a new lot in order to separate title, as the 379-389, 399- COMMITTEE OF ADJUSTMENT - 127 -JUNE 18, 2013 Submission No.: 3. B 2013-025 (Cont’d) 411 Queen Street South and 168 Benton Street properties have merged on title. Secondly, it is proposed to consolidate 399-411 Queen Street South and 168 Benton Street with 170-172 Benton Street as a lot addition. This new parcel will be under the ownership of Barra Castle Inc. Staff views this application as a necessary first step towards redevelopment and, as such, has no concerns. Applications for zone change and site plan approval will follow and all technical matters related to redevelopment will be addressed at that time. Regional staff, however, has requested a number of conditions be included with the consent approval and these have been included in the Recommendation section. At the time of writing this report, City staff was in discussions with Regional staff regarding the possibility of having the owner enter into an Agreement to include all the Regional conditions. A final answer was not obtained. City staff is hopeful the Region agrees to this approach so that the owner would be able to complete the severance in a timely manner and be able to move forward with the zone change and site plan approval processes sooner rather than later. 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, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses and any proposed use of the lands, the lands front onto an established public street, and both parcels can be serviced with independent and adequate service connections to municipal services. 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. The Committee considered the report of the Region of Waterloo, Principal Planner, dated June 10, 2013, advising that they have no objection to this application subject to the following conditions: 1. That prior to final approval, the Developer provide an approximate 0.92m (3 feet) road widening across the Queen Street South (Regional Road No. 6) frontage of these applications to the Regional Municipality of Waterloo for the severed and retained lands. Along with a registerable deed to convey the road widening, the Developer must provide a mylar copy of the registered reference plan at no cost to the Region; and, 2. That prior to final approval, the Developer provide to the Region’s satisfaction a Phase I Environmental Site Assessment (ESA) and if necessary a Phase II ESA for the road widening lands on the severed and retained lands to be dedicated to the Region; and, 3. That prior to final approval, the owner/applicant shall enter, at their expense; into an encroachment agreement with the Regional Municipality of Waterloo for the encroachment of any existing structures onto the Regional Road Allowance on Queen Street South (Regional Road No. 6) on the retained lands or relocate the existing structures onto private property; and, 4. That prior to final approval, the owner/developer submits a Transportation Noise Assessment for the severed lands to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Queen Street South (Regional Road No. 6) and any other traffic noise sources. If necessary the owner/developer shall enter into a registered agreement with the Region of Waterloo to provide for the implementation of the approved Noise Assessment. Transportation Noise Assessment 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. The noise consultant shall contact Region of Waterloo/City of Kitchener staff for transportation data including traffic forecasts and truck percentages for the purpose of preparing the noise study, and further, COMMITTEE OF ADJUSTMENT - 128 -JUNE 18, 2013 Submission No.: 3. B 2013-025 (Cont’d) 5. That prior to final approval, the owner/developer enters into a registered development with the Region of Waterloo to agree that the following noise warning clause be included in all offers of purchase and sale, and/or rental agreements for all residential units on the retained lands: “Due to the proximity to Queen Street South (Regional Road No. 6), 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 Committee considered the report from the Grand River Conservation Authority Resource Planner, dated June 10, 2012, advising that while they have no objections to this application, information indicates that a portion of this property is within the floodplain associated with Schneider Creek and the allowance adjacent to the floodplain. Consequently, portions of the subject lands are regulated by the Grand River Conservation Authority under Ontario Regulation 150/06. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated June 14, 2013, requesting that approval of this application include conditions that require the applicants to make satisfactory arrangements with Hydro for the provision of separate electrical servicing to the land to be severed, including granting of easements that may be required, and driveways to be located so as to clear submersible transformer vaults and to provide minimum clearance of 1.0m to all poles, anchors and street light standards. A written request for future information regarding the subject property was received from Mr. M. Wasilka, area resident, in which he expressed concerns regarding the impact to Benton Street which is a quiet residential area and was opposed to allowing rear access onto Benton Street from the Queen Street properties. Written comments were received from Mr. A. Rempel, area resident, in which he expressed concerns regarding the impact to the neighbourhood. He stated that as a long-time resident of Benton Street, he is in favour of urban intensification but opposes the Barra Castle / Benton Street plan as he feels the proposed development represents a dramatic change to the neighbourhood. He noted that the proposed townhouses do not recognize the 3-metre allowance that is required by the traffic department and the Barra Castle footprint allows for very little green space on the site, and the proposed plan does not guarantee the building of the townhouses on Benton Street. He noted that the neighbourhood streets are much narrower than newer neighbourhoods and Benton Street is often only one lane in the winter due to snow banks, so winter traffic would be much more challenging. Written comments were received from Ms. M. A. Allen, area resident, in which she notes that traffic in that area of Benton Street currently is minimal because the streets are narrow. She is concerned about the impact that this application may have on Benton Street and other surrounding streets in this neighbourhood, and opposes any rear access onto Benton Street from the Queen Street properties. Mr. M. Puopolo, agent, advised that he was in agreement with staff’s recommendations, save and except Conditions 5 and 8. He asked that both be removed, noting that he had confirmed with City staff that the road widening under Condition 5 is redundant as it was needed for an extension to Benton Street that is no longer proceeding; and as there are no buildings on the Queen Street South right-of-way, having been demolished in November 2010, there is no need of a Regional encroachment agreement and he suggested that Condition 8 is also redundant. Ms. von Westerholt advised that City staff concur with removal of Condition 5; however, it is her understanding that Regional staff wish Condition 8 to remain. Mr. J. Allen, resident, referred to a previous staff report considered in March 2010 which speaks to the scale of development and suggests that development should be no more than 6 storeys in height and be compatible to the surrounding neighbourhoods. Ms. von Westerholt advised that the application before the Committee deals with the consolidation of lands only and the Committee has no jurisdiction to address the concerns raised which will be dealt with through a re-zoning and site plan review process. She further explained that the properties are being added together to create one large lot for redevelopment, which is COMMITTEE OF ADJUSTMENT - 129 -JUNE 18, 2013 Submission No.: 3. B 2013-025 (Cont’d) typical in a mixed-use corridor where the intent is to intensify and the proposed lot consolidation is consistent with the City’s policy related to mixed-use corridors. Mr. M. Puopolo stated that the intent is to maximize the lot size as much as possible and redevelopment will have the look of a 5 storey building from Benton Street which is allowed under the CR2 zoning. He added that they have taken in account the mix of development in the surrounding neighbourhood. Mr. P. Puopolo offered to meet with Mr. J. Allen to review the redevelopment plans which will show how the site will transition to the new building. Ms. J. Pellar, resident, stated that area residents are not unhappy with redevelopment of the site nor object to intensification; however, she expressed hope that thought would be given to the historical aspects of the surrounding area and in particular, that the architectural feel of the existing Benton Street streetscape will be maintained. She raised concerns that entrance from Benton Street would become a primary driveway access for the redeveloped site, creating unnecessary pressure on traffic and parking in the existing neighbourhood. She asked that a shadow study also be required to determine impact of the size of building to the existing neighbourhood. Mr. B. Root, resident, expressed similar concerns, asking that a guarantee be given that the existing streetscape will be maintained and there will be no primary access from Benton Street. Mr. M. Puopolo gave assurance that the primary access to the site will be from Queen Street with only limited access from Benton Street to 13 parking spaces intended for visitor parking. Mr. A. Head advised that no guarantees could be given, reminding that the Committee is dealing only with land consolidation and the concerns being raised will be dealt with at time of the rezoning and site plan process. Ms. J. von Westerholt advised that a shadow study will likely be required as part of the site plan review process and as the site is within a Heritage Conservation District, consideration will be given to the character of the neighbourhood in regard to site design. She noted that rezoning is a public process at which time more details will be fleshed out and concerned residents will have opportunity for comment. Ms. von Westerholt added that site design is part of the site plan review process which is not a public process and suggested that area residents continue to dialogue with Mr. Puopolo as to their concerns in this regard. Mr. D. Shaftoe, resident, also raised concerns regarding access from Benton Street. Mr. Head reiterated that limited access for visitor parking is all that is planned for the rear of the property. Mr. D. Pimento added that the Region of Waterloo would be asking for a traffic study on redevelopment of the site. Ms. von Westerholt confirmed that rights to access from Benton Street would be vetted through a traffic study and may be required for purpose of emergency vehicle access. Ms. J. Meader requested clarification of the Region of Waterloo’s condition concerning an environmental site assessment. Mr. P. Puopolo advised that a Record of Site Condition was completed and approved for Phase 1, with no site contamination found. He stated that the condition is standard and has to do with the taking of lands for road widening for which the Region wishes to ensure there is no contamination on the lands to be conveyed to them. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Polocorp Inc. requesting permission to severe a parcel of land as a lot addition to 170-172 Benton Street to create one new lot for future redevelopment, having frontage on Queen Street South of 32m (104.99’), by a depth of 127.92m (419.69’) and an area of 2 3244.12m (34,920.56 sq.ft.), on Part Lots 6, 7 and 9, Plan 397, 379-389 & 393-411 Queen Street BE GRANTED South and Part Lot 5, Plan 397, 168 Benton Street, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT - 130 -JUNE 18, 2013 Submission No.: 3. B 2013-025 (Cont’d) 2. That the owner shall provide 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 two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the lands to be severed (399-411 Queen Street and 168 Benton Street) shall be added to the abutting lands (170-172 Benton Street) and title shall be taken into identical ownership. The deed for endorsement shall include that any subsequent conveyance of Planning Act the parcel to be severed shall comply with Sections 50(3) and/or (5) of the , R.S.O. 1990, c. P.13, as amended. 4. That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 5. That prior to final approval, the owner shall provide an approximate 0.92metre (3 feet) road widening across the Queen Street South (Regional Road No. 6) frontage of these applications to the Regional Municipality of Waterloo for the severed and retained lands. Along with a registerable deed to convey the road widening; the owner/developer must provide a mylar copy of the registered reference plan at no cost to the Region. 6. That prior to final approval, the owner shall provide to the Region of Waterloo’s satisfaction a Phase I Environmental Site Assessment (ESA) and if necessary, a Phase II ESA for the road widening lands on the severed and retained lands to be dedicated to the Region. 7. That prior to final approval, the owner shall enter, at their expense, into an encroachment agreement with the Regional Municipality of Waterloo for the encroachment of any existing structures onto the Regional Road Allowance on Queen Street South (Regional Road No. 6) on the retained lands or relocate the existing structures onto private property. 8. That prior to final approval, the owner shall submit a Transportation Noise Assessment for the severed lands to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Queen Street South (Regional Road No. 6) and any other traffic noise sources. If necessary, the owner shall enter into a registered agreement with the Region of Waterloo to provide for the implementation of the approved Noise Assessment. The Transportation Noise Assessment 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. The noise consultant shall contact Region of Waterloo/City of Kitchener staff for transportation data including traffic forecasts and truck percentages for the purpose of preparing the noise study. 9. That prior to final approval, the owner shall enter into a registered development agreement with the Region of Waterloo to agree that the following noise warning clause be included in all offers of purchase and sale, and/or rental agreements for all residential units on the retained lands: “Due to the proximity to Queen Street South (Regional Road No. 6), 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”. 10. That the applicant shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed. 11. That the applicant shall make arrangements for the granting of easements required by Kitchener-Wilmot Hydro Inc. COMMITTEE OF ADJUSTMENT - 131 -JUNE 18, 2013 Submission No.: 3. B 2013-025 (Cont’d) 12. That all driveways shall be located so as to clear Kitchener-Wilmot Hydro Inc. submersible transformer vaults and provide a minimum of 1.0m clearance to all poles, anchors and street light standards. 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 June 18, 2015. Carried Submission No.: 4. B 2013-028 Applicant: Anita Hoekstra Property Location: 1193 Fischer-Hallman Road Legal Description: Lot 4, Plan 1470 Appearances: In Support: S. Code Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to give an easement to the benefit of an abutting property for purposes of pedestrian and motor vehicle ingress and egress to and from Fischer-Hallman Road, having a width of 6m (19.69’) and a length of 102.05m (334.81’); as well as, blanket easements over both lands in favour of each other for servicing, parking and surface water flows. The Committee considered the report of the Planning Division, dated May 23, 2013, advising that the subject property located at 1193 Fischer-Hallman Road is designated Mixed Use Two in the Rosenberg Community Plan and is zoned Convenience Commercial with Special Use Provision 321U. The property is presently occupied by a single detached dwelling that will be demolished in the near future to accommodate a new commercial development. The future commercial development will be designed to function as an extension of the commercial plaza to be constructed on the adjacent parcel of land to the south at 1201 Fischer-Hallman Road. In order to facilitate the comprehensive development of both 1193 and 1201 Fischer-Hallman Road, the owner of 1193 Fischer-Hallman Road wishes to grant an easement over the subject property for ingress, egress and to facilitate a continuous fire route to serve both properties. The proposed easement will be 6.0 metres in width by a length of 102.05 metres in favour of 1201 Fischer-Hallman Road. The reciprocal easement over 1201 Fischer-Hallman Road will be considered via application B 2013-029. In addition to the above noted easement, there will also be a future blanket easement over 1193 Fischer-Hallman Road for services, parking and surface water flows. To ensure this blanket easement occurs, staff is recommending that the owner provide a Solicitor’s Undertaking as a condition of approval. COMMITTEE OF ADJUSTMENT - 132 -JUNE 18, 2013 Submission No.: 4. B 2013-028 (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, staff are satisfied that the creation of the easement for ingress, egress and a continuous fire route is required as part of the proposed redevelopment plans of the subject property as well as the adjacent property at 1201 Fischer-Hallman Road. The proposed easement is appropriate and suitable for the property to accommodate the future commercial development on the subject lands. The Committee considered the report of the Region of Waterloo, Principal Planner, dated June 10, 2013, advising that they have no objection to this application. Ms. J. Meader requested clarification of the drive aisles relative to the proposed blanket easements and Ms. J. von Westerholt advised that the easements are being dealt with in the manner proposed as the redevelopment plans are still in the conceptual stage and have not gone through site plan as yet. Mr. B. McColl inquired as to how park land dedication, or cash-in-lieu thereof, is to be taken. Ms. von Westerholt advised that if required, this would be dealt with at time of site plan review. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Anita Hoekstra requesting permission to give an easement to the benefit of an abutting property for purposes of pedestrian and motor vehicle ingress and egress to and from Fischer-Hallman Road, having a width of 6m (19.69’) and a length of 102.05m (334.81’); as well as, blanket easements over both lands in favour of each other for servicing, parking and surface water flows, on Lot 4, Plan 1470, 1193 Fischer-Hallman Road, BE GRANTED Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide 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 two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner of the subject lands shall enter into a joint maintenance agreement with the owner of 1201 Fischer-Hallman Road, to be approved by the City Solicitor, to ensure that the said easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That a satisfactory Solicitor’s Undertaking agreeing to register a Blanket Easement over the subject lands for services, parking, surface water flows and joint maintenance of those services, shall be provided to the City Solicitor. 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. COMMITTEE OF ADJUSTMENT - 133 -JUNE 18, 2013 Submission No.: 4. B 2013-028 (Cont’d) 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 June 18, 2015. Carried Submission No.: 5. B 2013-029 Applicant: Williamsburg Gas Station Inc. Property Location: 1201 Fischer-Hallman Road Legal Description: Part Lot 3, Plan 1470 Appearances: In Support: S. Code Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to give an easement to the benefit of an abutting property for purposes of pedestrian and motor vehicle ingress and egress to and from Fischer-Hallman Road, having a width of 6m (19.69’) and a length of 107.34m (352.17’); as well as, blanket easements over both lands in favour of each other for servicing, parking and surface water flows. The Committee considered the report of the Planning Division, dated May 23, 2013, advising that the subject property located at 1201 Fischer-Hallman Road is designated Mixed Use Two in the Rosenberg Community Plan and is zoned Convenience Commercial with Special Use Provision 321U. The property is presently vacant. The owner has received Site Plan Approval in Principle for a new commercial development. The proposed commercial development will be designed to function in conjunction with a future development on the adjacent parcel of land to the north at 1193 Fischer-Hallman Road. In order to facilitate the comprehensive development of both 1201 and 1193 Fischer-Hallman Road, the owner of 1201 Fischer-Hallman Road wishes to grant an easement over the subject property for ingress, egress and to facilitate a continuous fire route to serve both properties. The proposed easement will be 6.0 metres in width by a length of 107.34 metres in favour of 1193 Fischer-Hallman Road. The reciprocal easement over 1193 Fischer-Hallman Road will be considered via application B 2013-028. In addition to the above noted easement, there will also be a future blanket easement over 1201 Fischer-Hallman Road for services, parking and surface water flows. To ensure this blanket easement occurs, staff is recommending that the owner provide a Solicitor’s Undertaking as a condition of approval. With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff are satisfied that the creation of the easement for ingress, egress and a continuous fire route is required as part of the proposed development of the subject property as well as the adjacent property at 1193 Fischer-Hallman Road. The proposed easement is appropriate and suitable for the property to accommodate the commercial development on the subject lands. The Committee considered the report of the Region of Waterloo, Principal Planner, dated June 10, 2013, advising that they have no objection to this application. Ms. J. Meader requested clarification of the drive aisles relative to the proposed blanket easements and Ms. J. von Westerholt advised that the easements are being dealt with in the manner proposed as the redevelopment plans are still in the conceptual stage and have not gone through site plan as yet. COMMITTEE OF ADJUSTMENT - 134 -JUNE 18, 2013 Submission No.: 5. B 2013-029 (Cont’d) Mr. B. McColl inquired as to how park land dedication, or cash-in-lieu thereof, is to be taken. Ms. von Westerholt advised that if required, this would be dealt with at time of site plan review. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Williamsburg Gas Station Inc. requesting permission to give an easement to the benefit of an abutting property for purposes of pedestrian and motor vehicle ingress and egress to and from Fischer-Hallman Road, having a width of 6m (19.69’) and a length of 107.34m (352.17’); as well as, blanket easements over both lands in favour of each other for servicing, parking and surface water flows, on Lot 3, Plan 1470, 1201 Fischer- BE GRANTED Hallman Road, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide 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 two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner of the subject lands shall enter into a joint maintenance agreement with the owner of 1193 Fischer-Hallman Road, to be approved by the City Solicitor, to ensure that the said easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That a satisfactory Solicitor’s Undertaking agreeing to register a Blanket Easement over the subject lands for services, parking, surface water flows and joint maintenance of those services, shall be provided to the City Solicitor. 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 June 18, 2015. Carried COMMITTEE OF ADJUSTMENT - 135 -JUNE 18, 2013 COMBINED APPLICATION Submission Nos.: 1. B 2013-027, A 2013-030 & A 2013-031 Applicant: Evgeny Rogachevsky and Natalia Savelyeva. Property Location: 16 Natchez Road Legal Description: Part Lot 122, German Company Tract, being Parts 1 on Reference Plan 58R-5933 Appearances: In Support: E. Rogachevsky N. Savelyeva G. Auer Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land for residential use having frontage on Natchez Road of 10.933m (35.87’), by a depth of 43.917m (144.09’) and an area of 472m2 (5080.74 sq.ft.). The retained lands will continue to be used for residential purposes having frontage on Natchez Road of 10.934m (35.88’), by a depth of 80.882m (265.36’) and an area of 2343m2 (25,220.67 sq.ft.). Permission is also requested to have a lot width of 10.995m (36.08’) for the retained lands, rather than the required 13.7m (44.95’); and to have a lot width of 11.26m (36.95’) for the severed lands, rather than the required 13.7m (44.95’). The Committee considered the report of the Planning Division, dated June 10, 2013, advising that the subject property is located on the north-east side of Natchez Road. 16 Natchez Road contains existing low density residential uses and appears to be on municipal services. The subject property is designated as Low Rise Residential in the Official Plan, and is zoned Residential Three (R-3) in the Zoning By-law. Planning staff conducted a site inspection of the property on May 29, 2013 and notes that the subject lands contain an existing single-detached dwelling. The surrounding neighbourhood comprises of a range of low density residential and institutional uses. Consent Application B 2013-027: Through consent application B 2013-027, the applicant is seeking permission to sever a portion of land for a future residential development. 2 The severed lands will: cover an area of approximately 472 m; have a depth of 43.917m; and will have a 10.933 m frontage onto Natchez Road. The retained lot would continue to be used for low density residential development. The 2 future retained lands will: cover an area of approximately 2,343 m; have a depth of 80.882 m; and will have a frontage of 10.934 m on Natchez Road. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of the severed and retained parcels are in conformity with the City’s Official Plan and will be permitted in Zoning By-Law 85-1. Furthermore, the dimensions and shapes of the proposed lot is appropriate and suitable for the existing and proposed uses, the lands front onto an established public street, and adequate utilities and municipal services are available. The resulting severed land will create a lot size that should be compatible in size with the lots in the surrounding area. The retained lot at 16 Natchez Road should be compatible in size with the adjacent lots along Natchez Road. Minor Variance Applications A 2013-030 and A 2013-031: Minor variance applications A 2013-030 and A 2013-031 are requested in order to facilitate the proposed consent application. COMMITTEE OF ADJUSTMENT - 136 -JUNE 18, 2013 Submission Nos.: 1. B 2012-027, A 2012-030 & A 2012-031 (Cont’d) Variance A2013-030 – Severed Lands: The severed lands will contain an existing single detached dwelling, and are proposed to have a lot width of 11.26 m. Should consent application B 2013-027 be approved, the existing site characteristics would change, necessitating approval of a minor variance application. In this regard, the owner is requesting relief from Section 37.2.1 to permit a minimum lot width of 11.26 m for the severed lot, rather than the required 13.7 m. Planning Analysis: 1. The requested variance to reduce the minimum lot width for the severed lands meets the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for modest alterations. The proposed variances will permit the reduced minimum lot width while maintaining the low density character of the property and surrounding neighbourhood. 2. The requested variance to reduce the minimum lot width meets the intent of the Zoning By-law. The required 13.7 m lot width is intended to provide sufficient separation between low-density residential uses, but also to maintain the urban lot fabric of the neighbourhood. The existing single detached dwelling appears to comply with all setback regulations. The reduction of 11.26 metres from the required 13.7 metres is minor and should not have any impact on the adjacent residential properties. 3. The requested reduced minimum lot width on the severed lands is considered minor. The existing single detached dwelling will maintain adequate separation from existing surrounding residential dwellings. As such, the reduced minimum lot width should not have any impact on the adjacent lands and the overall neighbourhood. 4. The variance to reduce the minimum lot width is appropriate for the development and use of the land. Staff is of the opinion that the proposed variance for a reduced minimum lot width is consistent with the low density development of the neighbourhood. The requested variance should not impact any of the adjacent lands/uses, the subject property, nor the flow of traffic along Natchez Road. Variance A 2013-031 – Retained Lands: The retained lands are proposed to have a lot width of 10.99 m. Should consent application B 2013-027 be approved, the existing site characteristics would change, necessitating approval of a minor variance application. In this regard, the Owner is requesting relief from Section 37.2.1 to permit a minimum lot width of 10.99 m for the retained lot, rather than the required 13.7 m. Planning Analysis: 1. The requested variance to reduce the minimum lot width meets the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for modest alterations. The proposed variance will permit the reduced minimum lot width while maintaining the low density character of the property and surrounding neighbourhood. 2. The requested variance to reduce the minimum lot width meets the intent of the Zoning By-law. The required 13.7 m lot width is intended to provide sufficient separation between low-density residential uses, but also to maintain the urban lot fabric of the neighbourhood. All existing structures on the retained lands appear to comply with zoning regulations. The reduction of 10.99 metres from the required 13.7 metres is minor and should not have any impact on the adjacent residential properties. 3. The requested variance to permit a reduced minimum lot width on the retained lands is considered minor. 16 Natchez Road is recognized by staff as having a flag-shaped lot. The current lot fabric has been in existence for some time. Staff is under the opinion that the retained lands will function similarly to the current property layout and, thus should be compatible with the existing neighbourhood. The proposed variance should not impact any of the adjacent land uses, or the subject property. COMMITTEE OF ADJUSTMENT - 137 -JUNE 18, 2013 Submission Nos.: 1. B 2012-027, A 2012-030 & A 2012-031 (Cont’d) 4. The requested variance to reduce the minimum lot width on the retained lands is appropriate in scale, and will provide a similar lot fabric to what currently exists for the site. Staff is of the opinion that the proposed variance for a reduced minimum lot width is consistent with the low density development of the neighbourhood. Staff suggests that all three applications be considered concurrently by the Committee of Adjustment. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 5, 2013, advising that they have no concerns with Submission Nos. A 2013-030 and A 2013-031. The Committee considered the report of the Region of Waterloo, Principal Planner, dated June 10, 2013, advising that they have no objection to Submission No. B 2013-027, but notes that for information purposes, the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384.3 mASL (metres above sea level). Any development with a finished road elevation below 328.1 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2013. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated June 13, 2013, requesting that approval of this application include conditions that require the applicants to make satisfactory arrangements with Hydro for the provision of separate electrical servicing to the land to be severed, including granting of easements that may be required, and driveways to be located so as to clear submersible transformer vaults and to provide minimum clearance of 1.0m to all poles, anchors and street light standards. Submission No. B 2013-027 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Evgeny Rogachevsky and Natalia Savelyeva requesting permission to sever a parcel of land for residential use having frontage on Natchez Road of 10.933m 2 (35.87’), by a depth of 43.917m (144.09’) and an area of 472m (5080.74 sq.ft.), on Part Lot 122, German Company Tract, being Parts 1, 5 and 6 on Reference Plan 58R-5933, 16 BE GRANTED Natchez Road, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide 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 two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed in the amount of $5,029.18. 4. That the owner shall make satisfactory financial arrangements with Engineering Services for the removal of any redundant service connections and the installation of new ones that may be required to service this property, all prior to severance approval. 5. That any redundant driveways shall be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards and any new driveways shall be built to City of Kitchener standards at grade with the existing sidewalk; all works shall be at the owner’s expense and all work is required to be completed prior to occupancy of the building. COMMITTEE OF ADJUSTMENT - 138 -JUNE 18, 2013 Submission Nos.: 1. B 2012-027, A 2012-030 & A 2012-031 (Cont’d) 6. That a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets shall be required to the satisfaction of Engineering Services prior to severance approval; the sanitary peak flow must also be submitted to Engineering Services to run the sanitary capacity modeling. 7. That as per the Public Sector Accounting Board (PSAB) S. 3150, the Development and Reconstruction As-Recorded Tracking Form is required to be filled out and shall be submitted along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing, etc.) with the corresponding correct layer names and numbering system to the satisfaction of Engineering Services prior to severance approval. 8. That the owner must ensure that the basement elevation of the house can be drained by gravity to the street sewers; if this is not the case, then the owner will have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. 9. That the applicant shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be severed. 10. That the applicant shall make arrangements for the granting of easements required by Kitchener-Wilmot Hydro Inc. 11. That all driveways shall be located so as to clear Kitchener-Wilmot Hydro Inc. submersible transformer vaults and provide a minimum of 1.0m clearance to all poles, anchors and street light standards. 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 June 18, 2015. Carried Submission No. A 2013-030 Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Evgeny Rogachevsky and Natalia Savelyeva requesting permission to have a lot width of 10.995m (36.08’) for the retained lands under Consent application, Submission No. B 2013-027, rather than the required 13.7m (44.95’), on Part Lot 122, German Company Tract, being Parts 1, 5 and 6 on Reference Plan 58R-5933, 16 Natchez Road, Kitchener, Ontario, BE APPROVED , subject to the following conditions: 1. That the owner(s) shall obtain a building permit and/or demolition permit (if applicable) from the City’s Building Division for any proposed construction. 2. That the owner(s) shall ensure that the severed lands have a separate driveway access which does not impede onto the retained lands and driveway visibility triangles (4.57m / 15’) must be maintained for accesses to both the severed and retained lands. COMMITTEE OF ADJUSTMENT - 139 -JUNE 18, 2013 Submission Nos.: 1. B 2012-027, A 2012-030 & A 2012-031 (Cont’d) 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 Submission No. A 2013-031 Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Evgeny Rogachevsky and Natalia Savelyeva requesting permission to have a lot width of 11.26m (36.95’) for the severed lands under Consent application, Submission No. B 2013-027, rather than the required 13.7m (44.95’), on Part Lot 122, German Company Tract, being Parts 1, 5 and 6 on Reference Plan 58R-5933, 16 Natchez Road, Kitchener, Ontario, BE APPROVED , subject to the following conditions: 1. That the owner(s) shall obtain a building permit and/or demolition permit (if applicable) from the City’s Building Division for any proposed construction. 2. That the owner(s) shall ensure that the severed lands have a separate driveway access which does not impede onto the retained lands and driveway visibility triangles (4.57m / 15’) must be maintained for accesses to both the severed and retained lands. 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 ADJOURNMENT On motion, the meeting adjourned at 10:50 a.m. Dated at the City of Kitchener this 18th day of June, 2013. Janet Billett, AMCT Acting Secretary-Treasurer Committee of Adjustment