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HomeMy WebLinkAboutAdjustment - 2013-11-19 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 19,2013 MEMBERS PRESENT: Messrs.A. Head,A. Lise and B. McColl. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. D. Pimentel, Traffic Technologist, Ms. D. Saunderson, Secretary-Treasurer, 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.A. Lise Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment held October 15, 2013, as mailed to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2013-054 Applicants: Nada and Savo Markovic Property Location: 93 Joseph Street Legal Description: Part Lots 11 & 12, Plan 80 Appearances: In Support: N. Markovic Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to legalize a duplex having a front yard setback for the existing porch of 2.36m (7.742') rather than the required 4.5m (14.763); a rear yard setback of 3.6m (11.81) rather than the required 7.5m (24.60`) to accommodate the reconstruction of the rear yard addition; an easterly side yard setback of 2.76m (9.06`)for an existing driveway rather than the required 3m (9.842); and permission to legalize a side yard setback 0.09m (2.95') rather than the required 0.6m (1.96'); and, a rear yard setback of 0.27m(0.89`)rather than the required 0.6m(1.96')for the existing garage. The Committee considered the report of the Planning Division,dated November 5,2013, advising that the subject property 93 Joseph Street, developed with a single detached dwelling, is zoned Residential Five (R-5) in By-Law 85-1 and designated Low Rise Conservation in the Victoria Park Secondary Plan and the City's Official Plan. The property is designated under Part V of the Ontario Heritage Act due to its location within the Victoria Park Heritage Conservation District. It is located on the south side of Joseph Street, between Gaukel Street and Richmond Avenue. The minor variances are to acknowledge an existing building which was built around 1900. Records in the City file indicate that the property has been duplexed for over 30 years, and that the proposed use of this property is to remain a duplex. The applicant is requesting a minor variance to legalize the following existing conditions: an existing front yard setback of 2.36 metres rather than the required 4.5 metres; a side yard setback of 2.76 metres rather than the required 3 metres; a rear yard setback of 3.6 metres rather than COMMITTEE OF ADJUSTMENT -215- NOVEMBER 19,2013 1. Submission No.: A 2013-054 (Cont'd) the required 7.5 metre setback; a garage side yard setback of 0.09 metres rather than the required 0.6 metre setback; and a garage rear yard setback of 0.27 metres rather than the required 0.6 metre setback. The legalization of existing conditions is to facilitate the replacement of an existing addition with a new one built to the existing dimensions. 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: The subject property is designated Low Rise Conservation in the City's Official Plan. This designation permits low density forms of housing such as single detached dwellings. The proposed variances conform to the designation and staff is of the opinion that the variances meet the intent of the Official Plan. The variances meets the intent of the Zoning By-law as the purpose of variances is to legalize the existing front yard, side yard, rear yard, garage rear yard, and garage side yard setbacks. As such, it is staffs opinion that the request for the abovementioned setbacks are appropriate, and that the current setbacks be legalized. The variances request for reduced front yard, side yard, rear yard, garage rear yard, and garage side yard setbacks are considered minor as the development maintains the character, massing and scaling of the neighbourhood. The variance is appropriate for the development and use of the land, as the request for a reduced front yard, side yard, rear yard, garage rear yard, and garage side yard setback recognizes an existing situation that does not cause an impact to the subject property or surrounding neighbourhood. Front Yard Setback: The regulations of the R-5 zone require that dwellings be setback 4.5 metres from the street line. The applicant is proposing to legalize an existing 2.36 metre setback from the street line, rather than the required 4.5 metre setback. The proposed dwelling setback will not block any driveway visibility triangles and there are no impacts to intersection visibility. Based on the foregoing, staff is of the opinion that the intent of the by-law is maintained, and that legalizing the existing 2.36 metre setback for the dwelling is minor and is appropriate for the development and use of the lands. Side Yard Setback: The regulations of the R-5 zone require that dwellings have a side yard setback of 1.5 metres or 3 metres where a driveway leading to a required parking space is situated between the main building and the side lot line. The applicant is proposing to legalize an existing 2.76 metre setback from the main building to the side lot line, rather than the required 3 metre setback, representing a deficiency of 0.24 metres from the zoning regulation. Staff is of the opinion that legalizing the existing 2.76 metre setback for the main building from the side lot line is minor and appropriate for the development and use of the lands. Rear Yard Setback: The regulations of the R-5 zone require that dwellings have a rear yard setback of 7.5 metres. The applicant is proposing to legalize an existing 3.6 metre setback from the existing addition (to be rebuilt)to the rear lot line, rather than the required 7.5 metre setback. The existing rear yard setback of 3.6 metres is deficient 3.9 metres from the zoning regulation. Staff is of the opinion that legalizing the existing 3.6 metre rear yard setback for the addition from the rear lot line is minor and appropriate for the development and use of the lands. Garage Side Yard Setback: Section 6.1.1.1.b.e of By-Law 85-1 stipulates that"on a lot with a width greater than 10.4 metres, the driveway may extend beyond the width of the attached garage to a maximum width of 50%of the lot width or 8 metres, whichever is less; and shall be located no closer than 0.6 metres to the side lot line". The applicant is proposing to legalize an existing garage side yard setback of 0.09 metres, which is deficient of the zoning regulation by 0.51 metres. Staff is of the opinion that legalizing the existing 0.09 metre garage side yard setback is minor and appropriate for the development and use of the lands. COMMITTEE OF ADJUSTMENT -216- NOVEMBER 19,2013 1. Submission No.: A 2013-054 (Cont'd) Garage Rear Yard Setback: Section 5.5.2.d of By-Law 85-1 stipulates that"accessory buildings which have a gross floor area in excess of 9.9 square metres or a building height in excess of 3.0 metres shall have a minimum rear yard of 0.6 metre." The applicant is proposing to legalize an existing garage rear yard setback of 0.27 metres,which is deficient of the zoning regulation by 0.33 metres. Staff is of the opinion that legalizing the existing 0.27 metre garage side yard setback is minor and appropriate for the development and use of the lands. Staff is of the opinion that the setback deficiencies outlined in this report can be considered minor as it will not have a major visual impact on the streetscape. The building contributes to the character of the neighbourhood and matches the scale and massing of other dwellings in the neighbourhood. Therefore, staff is of the opinion that the variance is appropriate for the development and use of the lands. The house was constructed around the year 1900 and legalizing the existing front yard setback respects the character, scale, and massing of the existing neighbourhood. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 31,2013, advising that they have no concerns with this application. Moved by Mr.A. Lise Seconded by Mr. B. McColl That the application of Nada and Savo Markovic requesting permission to legalize a duplex having a front yard setback for an existing porch of 2.36m (7.742') rather than the required 4.5m (14.763); a rear yard setback of 3.6m (11.81') to accommodate the reconstruction of the rear yard addition, rather than the required 7.5m (24.60); an easterly side yard setback of 2.76m (9.06`)for an existing driveway rather than the required 3m (9.842); and, permission to legalize a side yard setback 0.09m (2.95') rather than the required 0.6m (1.96'); and, a rear yard setback of 0.27m (0.89`) rather than the required 0.6m (1.96')for the existing garage, on Part Lots 11 & 12, Plan 80, 93 Joseph Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the final building permit drawings be reviewed to ensure they are consistent with the approved Heritage Permit Application (HPA 2013-V-021) and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit. 2. That the owner shall obtain a building permit from the City of Kitchener's Building Division for the rear addition prior to construction. 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 1. Submission No.: B 2013-040 Applicant: Rasila Manani Property Location: 130-132 Jackson Avenue Legal Description: Part Lot 128, Plan 651 Appearances: In Support: A. Pauser Contra: None COMMITTEE OF ADJUSTMENT -217- NOVEMBER 19,2013 1. Submission No.: B 2013-040 (Cont'd) Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. Both the severed and retained lots will front onto Jackson Avenue, with the severed lands having a lot width of 7.160m (23.490`), by a depth of 64.619m (212`) and an area of 491.75sq.m. (5293.153 sq.ft.); and the retained lands having a lot width of 7.611 m (24.97`), by a depth of 64.619m (212`) and an area of 491.75sq.m. (5293.153 sq.ft.). The Committee considered the report of the Planning Division,dated November 5,2013, 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 will contain a semi-detached residential dwelling. The applicant is 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 would have a frontage of 7.62 metres, a depth of 64.92 metres and an area of 491.75 square metres,while the retained lot would have a similar frontage of 7.62 metres, depth of 64.92 metres and an area of 491.75 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 a semi-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 resulting lots will be compatible with those in the surrounding area. The proposed front yard setback and building massing is consistent with those found within the surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Principal Planner, dated November 8, 2013, advising that the subject lands are within 500 metres (approximately 350 metres) from Highway No. 8. Regional staff have no objection to this application, subject to the following Condition: 1. That prior to final approval, the owner/developer enters into a registered development agreement with the City of Kitchener 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: Due to the proximity to Provincial Highway No.8, 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 Chair requested clarification regarding Condition 1 of the recommendation contained within the staff report, noting that the subject property is already developed and would not likely have any further changes regarding the trees that currently exist on site. Ms. von Westerholt advised that this is a standard condition to ensure that there are no outstanding development concerns on the subject property. She suggested that the Condition could be amended to indicate that the agreement should be executed only if required. Mr. Pauser advised that he was in support of staffs recommendation and Condition 1 as amended. COMMITTEE OF ADJUSTMENT -218- NOVEMBER 19,2013 1. Submission No.: B 2013-040 (Cont'd) Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Rasila Manani requesting permission to sever a parcel of land having a lot width of 7.160m (23.490`), by a depth of 64.619m (212`) and an area of 491.75 sq.m. (5,293.153 sq.ft.), on Part Lot 128, Plan 651, 130-132 Jackson Avenue, Kitchener, Ontario, BE 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 the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or Agn (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 enter into an agreement, if required, with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject property which shall include the following: That prior to any grading or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; (vi) outline tree protection measures for trees to be preserved. 4. That the owner 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 retained lands. 5. 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 using an appraisal value of$9,200 per metre of frontage (7.652m frontage). 6. The owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property. 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the Director of Engineering Services. 8. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.)with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT -219- NOVEMBER 19,2013 1. Submission No.: B 2013-040 (Cont'd) 9. That the owner shall enter into a registered development agreement with the City of Kitchener 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: "Due to the proximity to Provincial Highway No.8, 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 November 19,2015. Carried 2. Submission No.: B 2013-041 Applicant: John Piskorski Property Location: 502 Ottawa Street South Legal Description: Lot 41, Plan 791 -and- Submission No.: B 2013-042 Applicant: John Piskorski Property Location: 508 Ottawa Street South Legal Description: Lot 42, Plan 791 Mr.A. Head declared a pecuniary interest with this application, as his firm has acted on behalf of Habitat for Humanity Waterloo Region on other matters and did not participate in any discussion or voting with respect to this application. Mr. B. McColl chaired the meeting during consideration of this application,which was considered by the remaining two members. Appearances: In Support: P.Jocsak Contra: None Written Submissions: None The Committee was advised that through application B 2013-041 the applicant is requesting permission to sever a parcel of land having a triangular shape having a width of 7.806m (25.610') a southerly depth of 2.948m (9.67') and an area of 11.4 sq.m. (122.709 sq.ft.)to be conveyed as a lot addition to the abutting property. The severed and retained land will continue to be used as residential. The Committee was also advised that through application B 2013-042 the applicant is requesting permission to sever an irregular parcel of land from the rear of 508 Ottawa Street South having a width of 15.571m (51.085'), a southerly depth of 8.534m (27.998') and an area of 88.5 sq.m. (952.606 sq.ft.), to be conveyed as a lot addition to the abutting property. Permission is also COMMITTEE OF ADJUSTMENT -220- NOVEMBER 19,2013 2. Submission Nos.: B 2013-041 &B 2013-042 (Cont'd) being requested to grant the severance of 508 Ottawa Street South and 502 Ottawa Street South and re-establish them as separate parcels so each lot can be dealt with separately. Both the severed and retained lots will front onto Ottawa Street South, with the severed lands having a lot width of 15.191 m (49.839`), by a northerly depth of 83.679m (274.537)and an area of 1,311sq.m. (14111.487 sq.tt.); and the retained lands having a lot width of 15.240m (50`), by a southerly depth of 88.631m (290.784`) and an area of 1,350 sq.m. (14531.279 sq. ft.). The severed and retained land will continue to be used as residential. The Committee considered the report of the Planning Division,dated November 8,2013, advising that the subject properties are located in the Southdale Planning Community, north of Highway 7/8, near the intersection of Ottawa Street South and Kehl Street. The area is composed of a wide range of low and medium density residential land uses including single and semi detached dwellings, townhouses and multiple residential developments. The subject parcels each contain one single detached dwelling, are designated Low Rise Residential in the Official Plan, and are zoned Residential Six Zone (R-6)in the Zoning By-law. The owner is requesting consent to accomplish a number of objectives: 1. To sever a parcel of land from 502 Ottawa Street South and add it to the abutting parcel to the northwest (i.e., lot addition)which is owned by Habitat for Humanity Waterloo Region (Habitat). This parcel has a width of 7.806 metres, a depth of 2.948 metres, and an area of 11.4 square metres; and, 2. To sever a parcel of land from 508 Ottawa Street South and add it to the abutting parcel to the northwest (i.e., lot addition) which is owned by Habitat. This parcel has a width of 15.751 metres, a depth ranging between 2.948 metres and 8.534 metres, and an area of 88.5 square metres; and further, 3. To re-establish via severance the remainder of the lots addressed as 502 and 508 Ottawa Street South that will automatically consolidate due to the aforementioned lot additions. These lots will continue to be used for residential purposes. The severed lot has a lot width of 15.191 metres, a lot depth between 83.679 metres and 90.533 metres, and a lot area of 1311.2 square metres. The retained lot has a lot width of 15.240 metres, a depth ranging between 88.631 metres and 90.533 metres, and a lot area of 1350 square metres. It should be noted that Habitat has obtained approval of a site plan application (SP12/055/K/MV) and building permits to construct 37 multiple residential dwelling units in the form of townhouses on the properties addressed as 242 Kehl Street and 520 Ottawa Street South which are in the immediate vicinity,though not directly abutting the subject properties. In addition, in August 2013, the Committee of Adjustment approved a consent application to sever a parcel of land from the rear yard of 514 Ottawa Street South (immediately southwest of the subject property addressed as 508 Ottawa Street South) having a width of approximately 18.7 metres, a depth ranging between 8.5 metres and 15.2 metres, and an area of 219.6 square metres and convey it to the same Habitat property described above. Through the review of the subject applications, Planning staff requested that that the applicant provide a concept plan showing Habitat's long-term vision for lands in the immediate vicinity, given that land assembly is clearly taking place (concept plan is attached for reference purposes. See also above plan showing Habitat owned lands). From the concept plan it appears that the purpose of the subject consent request and the previous consent request is to assemble land for additional phases of townhouse-style development to the rear of 492, 498, 502, 508, and 514 Ottawa Street South, thereby expanding the townhouse complex approved through the above noted site plan application. In the future, should Habitat decide to proceed with development of these lands, the applicant is hereby advised that a site plan pre-submission consultation request will be required as well as submission and approval of a site plan application. With respect to the criteria for the subdivision of land listed in Section 51 (24)of the Planning Act, R.S.O. 1990. c.P. 13: COMMITTEE OF ADJUSTMENT -221 - NOVEMBER 19,2013 2. Submission Nos.: B 2013-041 &B 2013-042 (Cont'd) • The requested consents will have the effect of improving the shapes of all resultant ownership parcels. Habitat's lands will be improved by eliminating a "pinch point' which may facilitate future development. The owner's two properties will be improved by "squaring off'the irregular shaped rear yards. • Future development of the Habitat lands will be subject to further Planning Act approvals which must conform to the Official Plan and comply with the Zoning By-law. • The resultant ownership parcels comply with the Zoning By-law and (note also that the severed and retained parcels have the same R-6 zoning classification)and conform to the Official Plan. • The severed and retained lands are suitable for low density residential land uses. The Committee considered the report of the Region of Waterloo, Principal Planner, dated November 8, 2013, advising that they have no objection to applications B 2013-041 or B 2013- 042. Submission No. B 2013-041 Moved by Mr.A. Lise Seconded by Mr. B. McColl That the application of John Piskorski requesting permission to sever a parcel of land having a triangular shape with a width of 7.806m (25.610') a southerly depth of 2.948m (9.67') and an area of 11.4 sq.m. (122.709 sq.ft.)to be conveyed as a lot addition to the abutting property, to the northwest, on Lot 41, Plan 791, 502 Ottawa Street South, Kitchener, Ontario, BE 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 the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCAd) or Agn (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 enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the lands that are being severed and added to the lands owned by Habitat for Humanity Waterloo Region only which shall include the following: a) That the owner shall prepare a Tree Preservation Plan for the lands that are being severed and added to the lands owned by Habitat for Humanity Waterloo Region only, in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 4. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3)and/or(5)of the Planning Act, R.S.O. 1990, c. P.13, as amended. COMMITTEE OF ADJUSTMENT -222- NOVEMBER 19,2013 2. Submission Nos.: B 2013-041 &B 2013-042 (Cont'd) 5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 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 November 19,2015. Carried Submission No. B 2013-042 Moved by Mr.A. Lise Seconded by Mr. B. McColl That the application of John Piskorski requesting permission to sever an irregular parcel of land from the rear of 508 Ottawa Street South having a width of 15.571 m (51.085'), a southerly depth of 8.534m (27.998') and an area of 88.5 sq.m. (952.606 sq.ft.), to be conveyed as a lot addition to the abutting property. Permission is also being requested to grant the severance of 508 Ottawa Street South and 502 Ottawa Street South and re-establish them as separate parcels so each lot can be dealt with separately. 508 Ottawa Street South will have a lot width of 15.191m (49.839`), by a northerly depth of 83.679m (274.537) and an area of 1,311sq.m. (14,111.487 sq.ft.). 502 Ottawa Street South will have a lot width of 15.240m (50), by a southerly depth of 88.631m (290.784`) and an area of 1,350 sq.m. (14,531.279 sq. ft.), on Lot 42, Plan 791, 508 Ottawa Street South, Kitchener, Ontario, BE 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 Agn (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 enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the lands that are being severed and added to the lands owned by Habitat for Humanity Waterloo Region only which shall include the following: COMMITTEE OF ADJUSTMENT -223- NOVEMBER 19,2013 2. Submission Nos.: B 2013-041 &B 2013-042 (Cont'd) a) That the owner shall prepare a Tree Preservation Plan for the lands that are being severed and added to the lands owned by Habitat for Humanity Waterloo Region only, in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 4. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3)and/or(5)of the Planning Act, R.S.O. 1990, c. P.13, as amended. 5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 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 November 19,2015. Carried 3. Submission No.: B 2013-043 Applicant: Mary Cikic Property Location: 21 Birch Ave Legal Description: Lot 103, Plan 666 Appearances: In Support: M. Cikic Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. Both the severed and retained lots will front onto Birch Avenue,with the severed lands having a lot width of 9.141 m (29.99`), by a depth of 35.233m (115.59`) and an area of 308.58 sq.m. (3321.527 sq.ft.). and the retained lands having a lot width of 9.159m (30.049`), by a depth of 35.233m (115.59`) and an area of 301.45sq.m. (3244.781 sq.ft.). COMMITTEE OF ADJUSTMENT -224- NOVEMBER 19,2013 3. Submission No.: B 2013-043 (Cont'd) The Committee considered the report of the Planning Division, dated November 12, 2013, advising that the property is municipally addressed as 21 Birch Avenue. A semi-detached dwelling is currently under construction on the property. The surrounding area is comprised mainly of single detached and semi-detached dwellings. The property is 610.03 square metres in area with 18.3 metres of frontage on Birch Avenue and a varying lot depth of approximately 35.0 metres. The applicant is requesting consent to sever the lot in half (i.e., along the common wall of the semi-detached dwelling) in order to allow separate ownership of each semi-detached dwelling unit. The application proposes to sever a 308.58 square metre lot with a 9.141 metre lot width and a varying lot depth of approximately 35 metres. The proposed retained lot is 301.45 square metres in area with a 9.159 metre lot width and a varying lot depth of approximately 35 metres. The proposed severance would have the effect of allowing individual ownership of each semi- detached house. The property is designated as Low Rise Conservation A in the City's North Ward Secondary Plan and is zoned Residential Four Zone (R-4)with Special Regulation Provision 635R. An analysis of the sketch provided with the application demonstrates that both severed and retained lots would comply with the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24)of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and that the configuration of the proposed lots can be considered appropriate for the use of the lands. 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, Principal Planner, dated November 8, 2013, advising that the subject lands are in close proximity (75 metres) to commercial/industrial uses. In lieu of a stationary noise assessment,the owner will be required to enter into a registered development agreement with the City of Kitchener to implement the requirement for the noise warning clause to be included in all offers of purchase and sale, and/or rental agreements for the residential units. They further advise that they have no objection to this application,subject to the following condition: 1. That prior to final approval, the owner/developer enters into a registered development agreement with the City of Kitchener 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: Purchasers are advised that due to the proximity of nearby industrial and commercial land uses,sound levels from these facilities may at times be audible. Mr. B. McColl expressed his concerns with the subject application, stating that, in his opinion, the application will change the tone and manner of the neighbourhood. Mr. A. Lise advised that he did not have any questions and moved the recommendation including the conditions contained within the staff report. Moved by Mr.A. Lise Seconded by Mr. B. McColl That the application of Mary Cikic requesting permission to sever a parcel of land having a lot width on Birch Avenue of 9.141m (29.99`), by a depth of 35.233m (115.59`) and an area of 308.58 sq.m. (3,321.527 sq.ft.), on Lot 103, Plan 666, being Parts 1 & 2, on Reference Plan 58R-17958, 21 Birch Avenue, Kitchener, Ontario, BE 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. COMMITTEE OF ADJUSTMENT -225- NOVEMBER 19,2013 3. Submission No.: B 2013-043 (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 Agn (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 $4,191.06. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed and retained lands. 5. 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 and retained lands. 6. That the owner 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. 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the City's Director of Engineering. 8. That the owner shall prepare and receive approval of the Development and Reconstruction As-Recorded Tracking Form, along with a digital submission of all AutoCad drawings required for the site with the corresponding correct layer names and numbering system to the satisfaction of the Engineering Division, as per the Public Sector Accounting Board (PSAB)S. 3150. 9. That the owner shall enter into a registered development agreement with the City of Kitchener 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: "Purchasers are advised that due to the proximity of nearby industrial and commercial land uses, sound levels from these facilities may at times be audible". 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 November 19,2015. Carried 4. Submission Nos.: B 2013-044 to B 2013-053 Applicant: Milestone Developments Inc. Property Location: 1464 to 1500 Old Zeller Drive Legal Description: Lots 2,3,4, 5, 6, 7, 8, 9, 10& 11, Registered Plan 58M-560 COMMITTEE OF ADJUSTMENT -226- NOVEMBER 19,2013 4. Submission Nos.: B 2013-044 to B 2013-053 (Cont'd) Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to grant easements for encroachments and maintenance purposes. All parcels are intended for residential development. B 2013-044-1464 Old Zeller Drive Width- 1.50m(4.921') Depth-28.103m(92.20') Area-42.18 sq.m. (454.049 sq.ft.) To the benefit of 1460 Old Zeller Drive. B 2013-045-1468 Old Zeller Drive Width- 1.50m(4.921') Depth-28.396m (93.162') Area-42.62 sq.m. (458.783 sq.ft.) To the benefit of 1464 Old Zeller Drive. B 2013-046-1472 Old Zeller Drive Width- 1.50m(4.921') Depth-28.689m (94.124') Area-43.06 sq.m. (463.517 sq.ft.) To the benefit of 1468 Old Zeller Drive. B 2013-047-1476 Old Zeller Drive Width- 1.50m(4.921') Depth-28.982m (95.085') Area-43.501 sq.m. (468.25 sq.ft.) To the benefit of 1472 Old Zeller Drive B 2013-048-1480 Old Zeller Drive Width- 1.50m(4.921') Depth-29.157m (95.659') Area-43.796 sq.m. (471.418 sq.ft.) To the benefit of 1476 Old Zeller Drive. B 2013-049-1484 Old Zeller Drive Width- 1.50m(4.921') Depth-29.002m (95.150') Area-43.53 sq.m. (468.57 sq.ft) To the benefit of 1480 Old Zeller Drive. B 2013-050-1488 Old Zeller Drive Width- 1.50m(4.921') Depth-28.845m (94.635') Area-43.297 sq.m. (466.05 sq.ft.) To the benefit of 1484 Old Zeller Drive. B 2013-051 -1492 Old Zeller Drive Width- 1.50m(4.921') Depth of 28.690m (94.127') Area-43.063 sq.m. (463.53 sq.ft) To the benefit of 1488 Old Zeller Drive. B 2013-052-1496 Old Zeller Drive Width- 1.50m(4.921') Depth-28.534m (93.615') Area-42.829 sq.m. (461.013 sq.ft.) COMMITTEE OF ADJUSTMENT -227- NOVEMBER 19,2013 4. Submission Nos.: B 2013-044 to B 2013-053 (Cont'd) To the benefit of 1492 Old Zeller Drive B 2013-053—1500 Old Zeller Drive Width- 1.50m(4.921') Depth-28.378m (93.103') Area-42.595 sq.m. (458.492 sq.ft.) To the benefit of 1496 Old Zeller Drive The Committee considered the report of the Planning Division, dated November 19, 2013, advising that the subject properties are located on the northeast side of Old Zeller Drive, between Watervale Drive and the proposed Grand Flats Trail. The lots are currently vacant and are proposed to be developed with single detached dwellings with zero side yard setbacks. The applicant is requesting consent to create 10 easements measuring 1.5 wide (0.3 metres for encroachment and 1.2 metres for maintenance)and approximately 28 metres in length. The properties are zoned as Residential Four(R-4)which permits single detached dwellings to be sited on a lot with a zero side yard setback where a maximum encroachment of 0.3 metres into abutting lands is provided for the projection of eaves and a 1.5 metre easement is granted by the owner of the subject abutting lands for the maintenance of walls, eaves and real property. The following easements are requested: Parts 1 &2 over Lot 2 in favour of Lot 1 Parts 3&4 over Lot 3 in favour of Lot 2 Parts 5&6 over Lot 4 in favour of Lot 3 Parts 7&8 over Lot 5 in favour of Lot 4 Parts 9& 10 over Lot 6 in favour of Lot 5 Parts 11 & 12 over Lot 7 in favour of Lot 6 Parts 13& 14 over Lot 8 in favour of Lot 7 Parts 15& 16 over Lot 9 in favour of Lot 8 Parts 17& 18 over Lot 10 in favour of Lot 9 Parts 19&20 over Lot 11 in favour of Lot 10 With respect to the request, staff does not have any concerns with the application as the easement is required by the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of this easement is considered good planning that satisfies the policies of both the City's Official Plan and the Provincial Policy Statement. The Committee considered the report of the Region of Waterloo, Principal Planner, dated November 8, 2013, advising that although they have no objection to these applications, Water Services staff noted the subject lands require individual pressure reducing valves on each dwelling unit constructed on the lots. This requirement has been secured in Clauses 4.22 and 6.15 of the City's subdivision agreement(for Stage 1 of the subdivision) registered as Instrument WR732556 on December 24,2012. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated November 12, 2013, requesting that approval of these applications include conditions that require the applicant to make satisfactory arrangements with Kitchener-Wilmot Hydro for the granting of any easements that may be required, pursuant to the meeting with the developer on November 7, 2013; 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 2013-044 Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.50m (4.921'), a depth of 28.103m (92.20') and an area of 42.18 sq.m. (454.049 sq.ft.), to the benefit of 1460 Old Zeller Drive for an encroachment and maintenance purposes, on Lot 2, Registered Plan 58M-560, 1464 Old Zeller Drive, Kitchener, Ontario, BE GRANTED,subject to the following conditions: COMMITTEE OF ADJUSTMENT -228- NOVEMBER 19,2013 4. Submission Nos.: B 2013-044 to B 2013-053 (Cont'd) 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 Agn (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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are 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, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall make arrangements for granting any easements required by Kitchener-Wilmot Hydro Inc., pursuant to the meeting with the developer on November 7, 2013. 7. The owner will ensure that all driveways are located clear of all Kitchener-Wilmot Hydro's submersible transformer vaults and provide a minimum of a 1 m (3.28') clearance to all hydro poles 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 November 19,2015. Carried Submission No. B 2013-045 Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.50m (4.921'), a depth of 28.396m (93.162') and an area of 42.62 sq.m. (458.783 sq.ft.), to the benefit of 1464 Old Zeller Drive for an encroachment and maintenance purposes, on Lot 3, Registered Plan 58M-560, 1468 Old Zeller Drive, Kitchener, Ontario, BE 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. COMMITTEE OF ADJUSTMENT -229- NOVEMBER 19,2013 4. Submission Nos.: B 2013-044 to B 2013-053 (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 Agn (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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are 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, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall make arrangements for granting any easements required by Kitchener-Wilmot Hydro Inc., pursuant to the meeting with the developer on November 7, 2013. 7. The owner will ensure that all driveways are located clear of all Kitchener-Wilmot Hydro's submersible transformer vaults and provide a minimum of a 1 m (3.28') clearance to all hydro poles 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 November 19,2015. Carried Submission No. B 2013-046 Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.50m (4.921'), a depth of 28.689m (94.124') and an area of 43.06 sq.m. (463.517 sq.ft.), to the benefit of 1468 Old Zeller Drive for an encroachment and maintenance purposes, on Lot 4, Registered Plan 58M-560, 1472 Old Zeller Drive, Kitchener, Ontario, BE 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. COMMITTEE OF ADJUSTMENT -230- NOVEMBER 19,2013 4. Submission Nos.: B 2013-044 to B 2013-053 (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 Agn (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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are 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, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall make arrangements for granting any easements required by Kitchener-Wilmot Hydro Inc., pursuant to the meeting with the developer on November 7, 2013. 7. The owner will ensure that all driveways are located clear of all Kitchener-Wilmot Hydro's submersible transformer vaults and provide a minimum of a 1 m (3.28') clearance to all hydro poles 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 November 19,2015. Carried Submission No. B 2013-047 Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.50m (4.921'), a depth of 28.982m (95.085') and an area of 43.501 sq.m. (468.25 sq.ft.), to the benefit of 1472 Old Zeller Drive for an encroachment and maintenance purposes, on Lot 5, Registered Plan 58M-560, 1476 Old Zeller Drive, Kitchener, Ontario, BE 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. COMMITTEE OF ADJUSTMENT -231 - NOVEMBER 19,2013 4. Submission Nos.: B 2013-044 to B 2013-053 (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 Agn (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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are 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, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall make arrangements for granting any easements required by Kitchener-Wilmot Hydro Inc., pursuant to the meeting with the developer on November 7, 2013. 7. The owner will ensure that all driveways are located clear of all Kitchener-Wilmot Hydro's submersible transformer vaults and provide a minimum of a 1 m (3.28') clearance to all hydro poles 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 November 19,2015. Carried Submission No. B 2013-048 Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.50m (4.921'), a depth of 29.157m (95.659') and an area of 43.796 sq.m. (471.418 sq.ft.), to the benefit of 1476 Old Zeller Drive for an encroachment and maintenance purposes, on Lot 6, Registered Plan 58M-560, 1480 Old Zeller Drive, Kitchener, Ontario, BE 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. COMMITTEE OF ADJUSTMENT -232- NOVEMBER 19,2013 4. Submission Nos.: B 2013-044 to B 2013-053 (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 Agn (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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are 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, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall make arrangements for granting any easements required by Kitchener-Wilmot Hydro Inc., pursuant to the meeting with the developer on November 7, 2013. 7. The owner will ensure that all driveways are located clear of all Kitchener-Wilmot Hydro's submersible transformer vaults and provide a minimum of a 1 m (3.28') clearance to all hydro poles 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 November 19,2015. Carried Submission No. B 2013-049 Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.50m (4.921'), a depth of 29.002m (95.150') and an area of 43.53 sq.m. (468.57 sq.ft), to the benefit of 1480 Old Zeller Drive for an encroachment and maintenance purposes, on Lot 7, Registered Plan 58M-560, 1484 Old Zeller Drive, Kitchener, Ontario, BE 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. COMMITTEE OF ADJUSTMENT -233- NOVEMBER 19,2013 4. Submission Nos.: B 2013-044 to B 2013-053 (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 Agn (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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are 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, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall make arrangements for granting any easements required by Kitchener-Wilmot Hydro Inc., pursuant to the meeting with the developer on November 7, 2013. 7. The owner will ensure that all driveways are located clear of all Kitchener-Wilmot Hydro's submersible transformer vaults and provide a minimum of a 1 m (3.28') clearance to all hydro poles 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 November 19,2015. Carried Submission No. B 2013-050 Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.50m (4.921'), a depth of 28.845m (94.635') and an area of 43.297 sq.m. (466.05 sq.ft.), to the benefit of 1484 Old Zeller Drive for an encroachment and maintenance purposes, on Lot 8, Registered Plan 58M-560, 1488 Old Zeller Drive, Kitchener, Ontario, BE 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. COMMITTEE OF ADJUSTMENT -234- NOVEMBER 19,2013 4. Submission Nos.: B 2013-044 to B 2013-053 (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 Agn (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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are 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, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall make arrangements for granting any easements required by Kitchener-Wilmot Hydro Inc., pursuant to the meeting with the developer on November 7, 2013. 7. The owner will ensure that all driveways are located clear of all Kitchener-Wilmot Hydro's submersible transformer vaults and provide a minimum of a 1 m (3.28') clearance to all hydro poles 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 November 19, 2015. Carried Submission No. B 2013-051 Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.50m (4.921'), a depth of 28.690m (94.127') and an area of 43.063 sq.m. (463.53 sq.ft), to the benefit of 1488 Old Zeller Drive for an encroachment and maintenance purposes, on Lot 9, Registered Plan 58M-560, 1492 Old Zeller Drive, Kitchener, Ontario, BE 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. COMMITTEE OF ADJUSTMENT -235- NOVEMBER 19,2013 4. Submission Nos.: B 2013-044 to B 2013-053 (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 Agn (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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are 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, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall make arrangements for granting any easements required by Kitchener-Wilmot Hydro Inc., pursuant to the meeting with the developer on November 7, 2013. 7. The owner will ensure that all driveways are located clear of all Kitchener-Wilmot Hydro's submersible transformer vaults and provide a minimum of a 1 m (3.28') clearance to all hydro poles 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 November 19,2015. Carried Submission No. B 2013-052 Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.50m (4.921'), a depth of 28.534m (93.615') and an area of 42.829 sq.m. (461.013 sq.ft.), to the benefit of 1492 Old Zeller Drive for an encroachment and maintenance purposes, on Lot 10, Registered Plan 58M-560, 1496 Old Zeller Drive, Kitchener, Ontario, BE 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. COMMITTEE OF ADJUSTMENT -236- NOVEMBER 19,2013 4. Submission Nos.: B 2013-044 to B 2013-053 (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 Agn (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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are 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, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall make arrangements for granting any easements required by Kitchener-Wilmot Hydro Inc., pursuant to the meeting with the developer on November 7, 2013. 7. The owner will ensure that all driveways are located clear of all Kitchener-Wilmot Hydro's submersible transformer vaults and provide a minimum of a 1 m (3.28') clearance to all hydro poles 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 November 19,2015. Carried Submission No. B 2013-053 Moved by Mr. B. McColl Seconded by Mr.A. Lise That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.50m (4.921'), a depth of 28.378m (93.103') and an area of 42.595 sq.m. (458.492 sq.ft.), to the benefit of 1496 Old Zeller Drive for an encroachment and maintenance purposes, on Lot 11, Registered Plan 58M-560, 1500 Old Zeller Drive, Kitchener, Ontario, BE 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. COMMITTEE OF ADJUSTMENT -237- NOVEMBER 19,2013 4. Submission Nos.: B 2013-044 to B 2013-053 (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 Agn (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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are 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, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall make arrangements for granting any easements required by Kitchener-Wilmot Hydro Inc., pursuant to the meeting with the developer on November 7, 2013. 7. The owner will ensure that all driveways are located clear of all Kitchener-Wilmot Hydro's submersible transformer vaults and provide a minimum of a 1 m (3.28') clearance to all hydro poles 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 November 19,2015. Carried COMBINED APPLICATION 1. Submission Nos.: B 2013-054&A 2013-055 Applicants: Thomas Toth Property Location: 32 Anvil Street Legal Description: Lot 47, Plan 1495 Appearances: In Support: T. &P.Toth Contra: A. Hummel R.Kaus D.Janowski A. Decker Written Submissions: None COMMITTEE OF ADJUSTMENT -238- NOVEMBER 19,2013 1. Submission Nos.: B 2013-054&A 2013-055 (Cont'd) The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width on Anvil Street of 12.640m (41.469'), a depth of 24.277m (79.648')and an area of 289 sq.m. (3110.77 sq.ft.). The retained land will have a width on Anvil Street of 19.698m (64.625`), a depth of 21.982m (72.119`)and an area of 418 sq.m. (4499.315`). Permission is also being requested to allow a rear yard setback of 2.7m (23.62') for the retained lands rather than the required 7.5m (24.60"). Both parcels will continue to be used as residential. The Committee considered the report of the Planning Division,dated November 5,2013, advising that the subject property at 32 Anvil Street, developed with a single detached dwelling, is zoned Residential Four (R-4) in the City's Zoning By-law and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to sever the lands to create a new vacant lot. The new severed lot will have a 12.640 metre frontage on Anvil Street, a depth of 24.277 metres and a lot area of 289 square metres. The retained lands will contain the existing single detached dwelling and will have a 19.698 metres frontage on Anvil Street, a depth of 21.982 metres and a lot area of 418 square metres. As a result of the proposed severance, the applicant is requesting relief for the retained lands from Section 38.2.1 of the Zoning By-law to allow a 2.7 metre rear yard setback for the existing single detached dwelling rather than the required 7.5 metre rear yard setback. Consent Application B 2013-054: With respect to the criteria for the subdivision of land listed in Section 51 (24)of the Planning Act, R.S.O. 1990, c.P.13,the existing and proposed 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 and proposed use of the lands. The lands front on an established public street and both parcels of land can and will be serviced with independent and adequate service connections to municipal services. The newly created severed lot will comply with the minimum lot width and lot area requirements of the R-4 Zone. The applicant is proposing a 12.640 metres lot width which is compatible with the lots in the surrounding area, especially with those lots on the opposite side of Anvil Street. It is staff's opinion that the severance will have minimal impact to the adjacent property as there is sufficient separation between the new lot and the adjacent existing dwelling. Since the proposed new lot will be located second from the start of the street at the intersection of Anvil and Cobblestone Streets, it is staff's opinion that it will not negatively impact or interrupt the existing residential streetscape. Staff has conducted a review of the existing lot widths and types of uses in the area and staff is aware of the existing developments in the immediate area. As such prior to final approval, Planning staff will require the applicant to submit a site plan of the proposed development so that staff can review and ensure that the proposed building footprint and setbacks are compatible with the existing development along the street. The site plan will confirm that the lot fabric is consistent with other lots in the area as well as the overall streetscape of the area. Transportation planning staff does not have concerns with the creation of a new lot in this location as staff recognizes there is sufficient space to locate the access driveway a minimum nine (9) metres (as required in the Zoning By-law)from the intersection of Anvil and Cobblestone Streets for safe vehicular access. In addition, Engineering staff is requiring the applicant to submit a grading and drainage plan prior to final approval to ensure that the proposed development is appropriate and does not have impact on adjacent properties. With respect to provincial policies and plans, Planning staff is of the opinion that the proposed severance is consistent with the Provincial Policy Statement, 2005 and conforms to the Growth Plan for the Greater Golden Horseshoe,2006. Minor Variance Application A 2013-055: 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 -239- NOVEMBER 19,2013 1. Submission Nos.: B 2013-054&A 2013-055 (Cont'd) 1. The variance meets the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The proposed development is consistent with the Low Rise Residential designation. 2. The variance meets the intent of the Zoning By-law as the purpose of a 7.5 metres rear yard setback is to provide an outdoor amenity space as well as adequate separation from neighbouring properties. The above-noted severance application prompted the need for this minor variance request. The reduced 2.7 metre rear yard is an existing situation. The outdoor amenity space is currently located in the side yard setback as it allows sufficient space. As such, it is staffs opinion that the request for a reduced rear yard setback is appropriate as the outdoor amenity space is not interrupted and continues to be provided for the use of the property. 3. The variance request for a reduced rear yard setback is considered minor as there is still an opportunity to provide an outdoor amenity area elsewhere on site. The existing location is within the side yard setback and has persisted with no impact to the intersection or neighbourhood. 4. The variance is appropriate for the development and use of the land as the use is permitted and the request for a reduced rear yard setback recognises an existing situation that does not cause impact to the subject property or surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Principal Planner, dated November 8,2013, advising that they have no objection to Submission No. B 2013-054. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 31,2013,advising that they have no concerns with Submission No.A 2013-055. The Committee considered the report of Kitchener Wilmot Hydro, dated November 7, 2013, advising that they request that approval of these applications be subject to the following conditions, and that all relocation and new service charges are to be paid by the builder/developer: 1. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. to relocate the existing electrical servicing to the lands to be retained before the severances are granted. 2. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. to install a new electrical service to the lands to be severed before the severances are granted. 3. That driveways will be located so as to clear Kitchener-Wilmot Hydro Inc. submersible transformer vaults and provide a minimum of 1.0m clearance to all poles and street light standards. Mr. T. Toth and Ms. P. Toth were in attendance and advised that they were in support of staffs recommendation, including the conditions outlined in the report. Several neighbours were in attendance in opposition to the proposed applications. Ms. A Hummel expressed concerns with the proposed applications, advising that the staff report indicates that there will be no negative impact on the neighbourhood; however, in her opinion, there will be a negative impact on the current perception of the neighbourhood. Mr. D Janowski advised that he owns the abutting property municipally addressed as 24 Anvil Street, and indicated that he has concerns for the compatibility of the future development and size of the new lot, stating that, in his opinion, the new lot would lack adequate amenity space for a single-detached dwelling. The Chair advised that this type of development is in compliance with the Provincial policies for intensification and, in his opinion, the new lot once construction is complete will blend in with the current complement of the neighbourhood. He further advised that the subject property is COMMITTEE OF ADJUSTMENT -240- NOVEMBER 19,2013 1. Submission Nos.: B 2013-054&A 2013-055 (Cont'd) considerable in size and even when severed is arguably larger than the lots being created in newer subdivisions. In response to questions, the Chair advised that the easement noted on the plan submitted with the application between 24 Anvil Street and 32 Anvil Street is already registered on title and would not be affected by the severance application. Mr. Janowski questioned whether staff has taken into consideration the trees that currently exist on the property. The Chair noted the Condition in the staff recommendation requiring the applicant to complete a tree preservation plan to address the current conditions and what would be appropriate on-site pending the future development. In response to questions regarding the Canada Post community mailbox, Ms. von Westerholt advised that Canada Post would be notified of any potential development and would make the determination as to whether the mailbox would need to be relocated. Mr. Toth noted that the mailbox is currently located on a registered easement. Mr. A. Lise advised that he could not support the proposed applications stating that, in his opinion, these applications do not meet the intentions of the Provincial Policy Statement (PPS), Places to Grow Act, 2005. He stated that it was his understanding that the PPS speaks more to downtown intensification and, in his opinion, these applications are proposing intensification within an established suburban neighbourhood. He expressed concerns that the Committee's approval may set a precedent for future developers seeking out larger corner lots for similar developments. Mr. Lise further advised that, in his opinion, the variance request for a rear yard setback of 2.7m (3.280') is not considered minor in nature. He stated that the Committee must take into consideration the impact of the request on the surrounding properties, and the number of residents in attendance indicates that they believe the impact will be significant. Ms. von Westerholt advised that staff have taken a considerable amount of time assessing the compatibility of the proposed severance on the surrounding neighbourhood, and noted that the subject property is much larger than others in its direct vicinity. She stated that the minimum lot width requirement for an R4 Zone is 9m, whereas the proposed new lot has a width of 12.6m. She indicated that the definition of minor is not defined by a percentage; rather, it is evaluated on its overall impact on the surrounding properties. She noted that the creation of a new lot is not enough to conclude that a variance does not meet the four tests under the Planning Act. Ms.von Westerholt further advised that the new lot is compatible with the properties in the surrounding area, noting that there are a number of properties with 12m frontages. She stated that the new lot also meets the minimum size requirements of an R4 Zone and the Official Plan. In addition, Ms. von Westerholt advised that staff have recommended an additional Condition to require the applicant to complete a site plan,which is beyond what would normally be required for a severance of this nature. She noted that with the proper planning tools, the proposed development will be compatible with the homes in the surrounding area. She further advised that even without the PPS and Places to Grow Act, that the proposed development still meets the intent of the R4 Zone. Ms. von Westerholt added that the Places to Grow Act speaks to intensifying development within the built boundaries, noting that the built boundary is defined as the City Limits. In response to questions from Mr. Janowski, Ms. von Westerholt stated that compatibility does not mean that each lot needs to be exactly the same shape and size; rather, the lot needs to be similar in nature. Staff take into consideration what is being proposed and it is unlikely that an approval would be recommended if the applicant was proposing a 3-storey single detached dwelling on a street where the majority of homes are 2-storey homes. The proposed dwelling needs to be compatible with the look and feel of the neighbourhood. She further advised, that approving these applications does not mean that staff are attempting to maximize development on all corner lots throughout the City. This lot is quite large and can accommodate the development. Mr. McColl advised that he is sympathetic with the concerns expressed by the neighbours. He stated that, in his opinion, he believes that the proposed development will have some impact on the neighbourhood. He further advised that he is conflicted in his decision as the PPS encourages infill development and whether the proposed variance can actually be considered minor. COMMITTEE OF ADJUSTMENT -241 - NOVEMBER 19,2013 1. Submission Nos.: B 2013-054&A 2013-055 (Cont'd) The Chair advised that the Committee must consider what the Zoning By-law permits when making their decision. He stated that when creating new lots, they are not always an ideal shape or size. He noted that, in his opinion, several years from now it is unlikely that anyone examining the neighbourhood would recognize that this severance took place. He further advised that the applicant could have proposed semi-detached dwellings, which would have affected the neighbourhood more significantly than what is being proposed through this application. Mr. Lise then put forward a motion to refuse the applications stating that, in his opinion the variance was not minor in nature. Ms.Toth advised that the portion of land that is being proposed for the severance is underutilized. She advised that they are not proposing a triplex, rather a single family home that would mimic the other houses on the street. She further advised that the rear yard on the proposed severance would be similar in nature to 24 Anvil Street. Mr. McColl advised that he could not support Mr. Lise's motion; he then put forward a motion to approve applications B 2013-054 &A 2013-055 including the Conditions outlined in the staff and public agencies reports. The motion was then voted on and Carried, with Mr. Lise voting in opposition. Submission No. B 2013-054 Moved by Mr. B. McColl Seconded by Mr.A. Head That the application of Thomas Toth requesting permission to sever a parcel of land having a width on Anvil Street of 12.640m (41.469'), a depth of 24.277m (79.648') and an area of 289 sq.m. (3,110.77 sq.ft.), on Lot 47, Plan 1495, 32 Anvil Street, Kitchener, Ontario, BE 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 Agn (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. The applicant shall submit a site plan of the severed lands showing the proposed building footprint and setbacks to the satisfaction of the City's Director of Planning. 4. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. 5. The owner shall submit a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the City's Director of Engineering. 6. The owner shall submit a Grading and Drainage control plan showing existing grading and proposed grading conditions to the satisfaction of the City's Director of Engineering. 7. 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 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 the City's Director of Engineering. 8. 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. COMMITTEE OF ADJUSTMENT -242- NOVEMBER 19,2013 1. Submission Nos.: B 2013-054&A 2013-055 (Cont'd) 9. The owner shall submit drawings of the existing building elevation adjacent to the new severed lot and proposed to be 1.22 metres from the new side lot line, dimensioning the height and width of all walls facing the proposed property line, and shall include the location and size of all windows and doors containing glass to the satisfaction of the Chief Building Official. 10. That the owner shall obtain a building permit to remove and close in any openings if greater than 7%glazed area exists on the building elevation noted in Condition 7 above, to the satisfaction of the Chief Building Official. 11. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject property which shall include the following: That prior to any grading or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; ii. the location of any existing buildings or structures to be removed or relocated; iii. the proposed grades and drainage; iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; V. justification for any trees to be removed; vi. outline tree protection measures for trees to be preserved." 12. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. to relocate the existing electrical servicing to the lands to be retained before the severances are granted. 13. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. to install a new electrical service to the lands to be severed before the severances are granted. 14. The owner will ensure that all driveways are located clear of all Kitchener-Wilmot Hydro's submersible transformer vaults and provide a minimum of a 1 m (3.28') clearance to all hydro poles 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 November 19,2015. Carried COMMITTEE OF ADJUSTMENT -243- NOVEMBER 19,2013 1. Submission Nos.: B 2013-054&A 2013-055 (Cont'd) Submission No.A 2013-055 Moved by Mr. B. McColl Seconded by Mr.A. Head That the application of Thomas Toth requesting permission to sever a parcel of land with the retained land having a rear yard setback of 2.7m (23.62') rather than the required 7.5m (24.60") on Lot 47, Plan 1495, 32 Anvil Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive final approval of Consent Application B2013-054. 2. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. to relocate the existing electrical servicing to the lands to be retained before the severances are granted. 3. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. to install a new electrical service to the lands to be severed before the severances are granted. 4. The owner will ensure that all driveways are located clear of all Kitchener-Wilmot Hydro's submersible transformer vaults and provide a minimum of a 1m (3.28') clearance to all hydro poles and street light standards. 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 11:05 a.m. Dated at the City of Kitchener this 19th day of November 19,2013. Dianna Saunderson Secretary-Treasurer Committee of Adjustment