HomeMy WebLinkAbout2014-02-18 COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD FEBRUARY 18,2014
MEMBERS PRESENT: Messrs. D. Cybalski,A. Head and A. Lise.
OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner, Mr. D. Pimentel, Traffic Technologist,
Ms. M. Drake, Heritage Planner, Ms. D. Saunderson, Secretary-Treasurer,
and Ms. H. Dyson,Administrative Clerk.
Mr. D. Cybalski, Chair, called this meeting to order at 10:10 a.m.
MINUTES
Moved by Mr.A. Lise
Seconded by Mr.A. Head
That the minutes of the regular meeting of the Committee of Adjustment held January 21, 2014, as
mailed to the members, be accepted.
Carried
NEW BUSINESS
MINOR VARIANCE
1. Submission No.: A 2014-003
Applicants: Zdravko&Momirka Mutlak
Property Location: 3 Sandwell Court
Legal Description: Lot 52, Registered Plan 58M-275
Appearances:
In Support: Z., M. &S. Mutlak
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission for the legalization of an
existing widened driveway located 7m (22.966') from the intersection of Sandwell Court and
Briarmeadow Drive rather than the required 9m (29.52').
The Committee considered the report of the Planning Division, dated February 5, 2014, advising
that subject property is zoned Residential Four Zone (R-4) in the Zoning By-law and designated
Low Rise Residential in the City's Official Plan.There is a single detached dwelling on the subject
lands.
There is an existing 1.01 metre wrought iron fence on the subject property. At this time, the
existing fence is located within the front yard, and is within both the Driveway Visibility Triangle
and Corner Visibility Triangle. Upon inspection of the fence, it was determined that the existing
driveway access location is too close to the intersection of the street lines abutting a lot.
The owner is requesting the following minor variances:
1. Relief from Section 5.3 of the City of Kitchener Zoning By-law to allow the existing 1.01
metre wrought iron fence within the driveway visibility triangle and corner visibility triangle.
COMMITTEE OF ADJUSTMENT - 15- FEBRUARY 18,2014
1. Submission No.: A 2014-003 (Cont'd)
2. Relief from Section 6.1.1.1.b.iv of the City of Kitchener Zoning By-law to allow an existing
driveway access to be located 7 metres from an intersection of street lines abutting a lot,
whereas 9 metres is required.
In considering the four tests for minor variances as outlined in Section 45(1)of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding
the requested minor variances:
The Low Rise Residential designation recognizes the existing scale of residential development
and allows for a variety of low density residential uses. The reduced distance of the driveway
access to the intersection of street lines abutting a lot will not impact the intensity or scale of the
residential area.
Section 6.1.8 of the Official Plan speaks to enhancing streetscapes through urban design and
landscaping features. According to these policies, the City shall enhance the character of urban
streets through the coordination of site, building and landscape design on and between individual
sites. Further, Section 6.1.12 contains policies around enhancing the visual interest of specific
sites and creating safe urban environments. It is the opinion of staff that the request to allow the
existing 1.01 metre wrought iron fence within the driveway visibility triangle (DVT), and corner
visibility triangle (CVT), meets the intent of the Official Plan.
The intent of the required 9 metre setback of the driveway to the intersection of the street lines
abutting the corner lot is to ensure pedestrian and vehicular safety. It is staffs opinion that the 2
metre reduction is minor and will not impact the property or access to the intersection.
Transportation Planning staff have also indicated that they have no concerns with the requested
reduction of 9 metres to 7 metres.
The purpose of maintaining a driveway visibility triangle (DVT)clear of obstacles is to ensure safe
ingress and egress to and from a property. There is an existing 1.01 metre wrought iron fence
that is within the driveway visibility triangle. The requested variance to allow the 1.01 metre iron
fence within the DVT will continue to allow adequate visibility and allow the safe ingress and
egress from the subject property for the owners and their visitors. The purpose of maintaining a
corner visibility triangle (CVT) clear of obstacles is to allow oncoming motor vehicles and
pedestrians to see oncoming traffic as they approach an intersection. The 1.01 metre wrought
iron fence is constructed in a way that allows an adequate level of visibility in order to see
oncoming traffic. Transportation staff has advised they support the proposed location of the
fence. It is the opinion of staff that the request to allow a 1.01 metre wrought iron fence to be
located within the DVT, CVT,on the subject lands, meets the intent of the Zoning By-law.
The proposed variance is considered minor. The existing 7 metre driveway access setback from
the corner allows for sufficient separation and as such will not impact access to the intersection
for vehicular and pedestrian traffic.
Staff is of the opinion that the requested variance will provide adequate and safe access to the
subject property and allow an adequate level of visibility within the CVT while not negatively
affecting the adjacent properties or surrounding community.
The proposed variance is appropriate as the proposed variances will allow the owner to safely
access the property and community to safely drive around the corner of Sandwell Court and
Briarmeadow Drive. The requested minor variance is appropriate and consistent with the
Residential Four (R4) zone. The proposed variance will not impact the existing character of the
subject property or surrounding community.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 4,2014, advising that they have no concerns with this application.
Moved by Mr.A. Lise
Seconded by Mr.A. Head
COMMITTEE OF ADJUSTMENT - 16- FEBRUARY 18,2014
1. Submission No.: A 2014-003 (Cont'd)
That the application of Zdravko and Momirka Mutlak requesting permission to legalize an
existing wrought iron fence 1.01m (3.13') in height to be located within the driveway visibility
triangle and corner visibility triangle; and, an existing widened driveway located 7m (22.966')
from the intersection of Sandwell Court and Briarmeadow Drive rather than the required 9m
(29.52'), on Lot 52, Registered Plan 58M-275, 3 Sandwell Court, Kitchener, Ontario, BE
APPROVED subject to the following condition:
1. That the owners shall remove the existing tree located within the 7.5m corner visibility
triangle by May 30,2014.
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
2. Submission No.: A 2014-004
Applicants: Dan and Warren Sinclair
Property Location: 258 Lawrence Avenue
Legal Description: Part Lot 67, Plan 786
Appearances:
In Support: D. &W. Sinclair
Contra: None
Written Submissions: None
The Committee was advised that the applicants are requesting permission to construct a second
storey addition to convert a single family dwelling to a duplex, with a southerly side yard setback
of 0.82m(2.69')rather than the required 1.2m(3.93').
The Committee considered the report of the Planning Division, dated January 30, 2014, advising
that the subject property at 258 Lawrence Avenue is developed with a single detached dwelling
and is zoned General Industrial (M-1) in By-Law 85-1 and designated General Industrial in the
City's Official Plan.
The applicant is requesting a minor variance to construct a second story addition to convert a
single family dwelling to a duplex with a southerly side yard setback of 0.82 metres (2.7feet)
whereas Zoning By-law 85-1 requires a 1.2metres (4 feet)setback.
In considering the four tests for minor variances as outlined in Section 45(1)of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments.
The subject property is designated General Industrial in the City's Official Plan. This designation
permits low density forms of housing such as duplex dwellings.The existing residential dwelling is
part of an existing residential buffer and transitional area located between general industrial and
residential uses. The proposed variance conforms to the designation and it is the opinion of staff
that the requested variance to permit a side yard setback of 0.82 metres (2.7 feet) from the right
side lot line meets the intent of the Official Plan.
The requested variance to permit a side yard setback of 0.82 metres (2.7 feet) from the side lot
line meets the intent of the Zoning Bylaw. The reduction of 0.38 metres (1.3 feet) from the
required 1.2 metres (4 feet) is minor. The second storey addition will be built on the existing
dwelling which is located 0.82 metres (2.7 feet)from the lot line. The southerly side of the second
storey addition will not have any windows and will not affect privacy with adjacent properties.
COMMITTEE OF ADJUSTMENT - 17- FEBRUARY 18,2014
2. Submission No.: A 2014-004 (Cont'd)
Existing parking for the proposed duplex is sufficient.The second storey addition should not have
any impact on the adjacent residential properties.
The variance can be considered minor as the reduced setback of 0.38 metres (1.3 feet)will not
present any significant impacts to adjacent properties and the overall neighbourhood.
The variance is appropriate for the development and use of the land. The requested variance
should not impact any of the adjacent properties or the surrounding neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 4,2014, advising that they have no concerns with this application.
The Committee considered the report of the Grand River Conservation Authority (GRCA), dated
February 5, 2014, advising that although they have no concerns with this application, they noted
that a portion of the subject property is within the floodplain of Schneider Creek. Consequently,
the subject property is regulated by the GRCA under Ontario Regulation 150/06. Any future
development within the regulated area on the subject lands will require the prior issuance of a
permit pursuant to Ontario Regulation 150/06.
Moved by Mr.A. Head
Seconded by Mr.A. Lise
That the application of Dan and Warren Sinclair requesting permission to construct a second
storey addition to convert a single family dwelling to a duplex, with a southerly side yard
setback of 0.82m (2.69') rather than the required 1.2m (3.93'), on Part Lot 67, Plan 786, 258
Lawrence Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition:
1. That the owners shall obtain a building permit from the City's Building Division for the
proposed second storey addition.
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
3. Submission No.: A 2014-005
Applicants: Rockway Holdings Limited
Property Location: 70 Willowrun Drive
Legal Description: Part Lot 117, Plan 591, Part Lot 9, being Parts 3, 4 and 5 on
Reference Plan 58R-17541, Block 149, Draft Plan of Subdivision
30T-10202
At the request of staff, the Committee agreed to defer its consideration of this application until
such time as the site plan has been issued Approval in Principle by the Manager of Site
Development and Customer Service and the applicant can submit an amended application to
accurately reflect the variances that are required.
4. Submission No.: A 2014-006
Applicants: 2333350 Ontario Inc.
Property Location: 130 Highland Road East
Legal Description: Lot 366, Subdivision of Lot 17, German Company Tract and Part Lot
2, Plan 183
Appearances:
In Support: M. Mateyk
D. Hallett
COMMITTEE OF ADJUSTMENT - 18- FEBRUARY 18,2014
4. Submission No.: A 2014-006 (Cont'd)
Contra: None
Written Submissions: None
The Committee was advised that the applicants are requesting permission for the legalization of
an existing driveway to be located Om from the front lot line rather than the required 3m (9.842');
and, permission to provide 21 off-street parking spaces rather than the required 25 off-street
parking spaces.
The Committee considered the report of the Planning Division, dated February 11,2014, advising
that the property is zoned Commercial Residential One (CR-1) in By-law 85-1 and has an Official
Plan designation of Low Density Commercial Residential. The applicant is requesting minor
variances to legalize an existing driveway aisle to be located 0 metres from the front lot line rather
than the required 3 metres (9.84 ft) and to provide 21 off-street parking spaces rather than the
required 25 spaces.
Previously, this building contained one business use, a printing establishment. In approximately
2011, the building was subdivided into four individual units which required more parking spaces
than the 17 spaces available on site. The owner entered into an off-site parking agreement with
for an additional eight parking spaces located at 155-165 Highland Road West to meet the total
parking requirement of 25 spaces. At this time,the owner of 155-165 Highland Road East wishes
to be released from this agreement in order to free up the title of his property. He has confirmed
that the eight spaces to the rear of his commercial plaza building have not been required since
the agreement was implemented in August of 2012.
In considering the four tests for minor variances as outlined in Section 45(1)of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments.
The variance meets the intent of the Official Plan for the following reasons. The intent of the Low
Rise Commercial Residential designation is to recognize existing areas of small scale commercial
and residential development as well as permitting low rise, low density redevelopment of such
areas. Permitted commercial uses include the existing office and health office uses. The uses
meet the intent of the designation and it is staff's opinion that the proposed variances for a
parking area are in keeping with the intent of the designation for these uses.
The variances meet the intent of the Zoning By-law for the following reasons. In regards to
parking space requirement, it is noted that there could be various scenarios for parking
calculation based on the size and use of the building. As the building contains four units and is a
small plaza, the parking requirement is calculated at 1 space per 22 sq.m. (236 sq.ft) of gross
floor area which then requires 25 spaces and is the subject of this variance. However, if the
building contained an additional 43 sq.m. (463 sq.ft) then the larger plaza parking requirement
would be reduced to 1 space per 27 sq.m. (290.6 sq.ft) 21 spaces. In addition, if the parking
requirement was based on using the entire building as one office, then only 20 spaces would be
required. Traffic staff have conducted a parking study and stated that they have no concerns with
the proposed parking reduction. Additionally, Planning staff is in support of the parking reduction
based on how this site functions with the current existing office use and one health office.
In regards to the existing drive aisle adjacent to the front lot line. It is noted that this area leads to
parking located in front of the building has existed since at least 1997 (based on aerial photos).
In order to accommodate sufficient parking for this site, the drive aisle is required to be at the lot
line. Staff note that there is additional paved area located on City land between the front lot line
and the sidewalk. In order to avoid vehicles from driving over the pavement and onto the
sidewalk, staff will request that pavement on the City lands be removed and replaced with
landscaping,this will ensure pedestrian safety.
The variances are minor and can be considered appropriate development and use of the land
and surrounding area for the following reasons. A reduction from 25 to 21 spaces can be
supported by staff, as noted above. The reduction in the 3 metre setback acknowledges a
situation that has existed for over 17 years and has functioned without any concerns or
complaints from the occupants or surrounding neighbours. This variance will ensure there will be
access to sufficient parking spaces on site for the multi-tenant building.
COMMITTEE OF ADJUSTMENT - 19- FEBRUARY 18,2014
4. Submission No.: A 2014-006 (Cont'd)
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 4,2014, advising that they have no concerns with this application.
Moved by Mr.A Lise
Seconded by Mr.A. Head
That the application of 2333350 Ontario Inc. requesting permission to legalize an existing
driveway to be located Om from the front lot line rather than the required 3m (9.842'); and,
permission to provide 21 off-street parking spaces rather than the required 25 off-street
parking spaces, on Lot 366, Subdivision of Lot 17, German Company Tract & Part Lot 2, Plan
183, 130 Highland Road East, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
1. That approval of Minor Variance application A 2014-006 applies to the existing building
only.
2. That approval of Minor Variance application A 2014-006 applies to the office use only
and one health office with maximum gross floor area of 91 sq.m. (979.5 sq.ft).
3. That the owner shall obtain Site Plan approval from the Planning division. The approval
to acknowledge items including, but not limited to: garbage storage and removal,
curbing, demarcation of pavement, paving, relocation of stairs at the side of the building,
changes to the retaining wall, removal of 3 metres of pavement to east side of driveway
entrance and replacing with landscaping.
4. That the owner shall remove the pavement and install landscaping between the front lot
line and the City sidewalk where indicated on the attached plan, to the satisfaction of
the Transportation Services and Planning divisions.
5. That the owner shall provide a Letter of Credit for required site works as defined through
the Site Plan process, in order to ensure works are completed in accordance with the
conditions of approval. This letter of credit must be provided prior to release of the off-
site parking agreement from 155-165 Highland Road East and will only be released
after all site works have been completed to the satisfaction of the Manager of Site
Development and Customer Service.
6. That Conditions 3 and 4 shall be satisfied by August 1, 2014.
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 2014-009
Applicant: Nathan &Rebecca Hallman
Property Locations: 119 Huber Street
Legal Description: Part Lots 161 to 163, Registered Plan 308
Appearances:
In Support: N. Hallman
Contra: None
Written Submissions: None
COMMITTEE OF ADJUSTMENT -20- FEBRUARY 18,2014
1. Submission No.: B 2014-009 (Cont'd)
The Committee was advised that the applicants are requesting permission to sever a parcel of
land that will front on Kinzie Avenue having a width of 19.28m (63.254')a depth of 24.384m (80')
and an area of 470.12 sq.m (5060.33 sq.ft). The retained land will front on Kinzie Avenue having
a width of 18.210m (59.74') a depth of 24.38m (79.986') and an area of 444.04 sq.m (4779.607
sq.ft). The existing home will be demolished. The proposed use of the severed lot is a semi-
detached dwelling;the proposed use of the retained lot is a residential duplex.
The Committee considered the report of the Planning Division, dated February 9, 2014, advising
that the subject property is municipally addressed as 119 Huber Street. The property is currently
developed with a single detached dwelling. The owner is proposing to demolish the existing
house and sever the property into two lots. The retained lands are proposed to be redeveloped
with a duplex dwelling and the severed lands are proposed to be redeveloped with a semi-
detached dwelling building.
The property is designated as Low Rise Residential in the City's Official Plan and zoned as
Residential four (R-4) in the Zoning By-law. Single detached, duplex, and semi-detached
dwellings are permitted uses in the R-4 zone.
The application proposes to sever a lot with a width of 19.280 metres, a depth of 24.384 metres,
and a lot area of 470.12 square metres. The retained lands are proposed to have a lot width of
18.210 metres, a depth of 24.384 metres, and an area of 444.04 square metres. Both the
retained and severed lots meet the zoning regulations within the R-4 zone.
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
February 5,2014, advising that they have no objections to this application subject to the following
conditions:
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
on both the severed and retained lands:
"Due to the proximity to the adjacent commercial uses, sound levels at times may be
audible and may cause concern to some individuals".
2. That prior to final approval, the owner/developer enters into a registered development 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 on both the
severed and retained lands:
"Due to the proximity to Provincial Highway No. 8 and Weber Street East, 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".
Moved by Mr.A. Lise
Seconded by Mr.A. Head
That the application of Nathan & Rebecca Hallman requesting permission to sever a parcel of
land that will front on Kinzie Avenue having a width of 19.28m (63.254') a depth of 24.384m
(80') and an area of 470.12 sq.m (5060.33 sq.ft), on Part Lots 161 to 163, Registered Plan
308, 119 Huber Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions:
1. That the owners 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 -21 - FEBRUARY 18,2014
1. Submission No.: B 2014-009 (Cont'd)
2. That the owners 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 shall enter into a registered development agreement with the City of
Kitchener to agree that the following noise warning clauses be included in all offers of
purchase and sale, and/or rental agreements for all residential units on both the severed
and retained lands:
"Due to the proximity to the adjacent commercial uses, sound levels at times may be
audible and may cause concern to some individuals".
4. That the owners 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 on both the severed
and retained lands:
"Due to the proximity to Provincial Highway No. 8 and Weber Street East, 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".
5. That the owners 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
$8,868.80.
6. That the owners shall make financial arrangements, for the installation of all new service
connections to the (severed lands and/or retained) lands to the satisfaction of the City's
Engineering Services.
7. That the owners shall make financial arrangements for the installation, to City
standards, of boulevard landscaping including street trees, and a paved driveway ramp,
on the (severed lands and/or retained) lands to the satisfaction of the City's Engineering
Services.
8. That the owners shall make financial arrangements for the removal of any redundant
service connections to the (severed lands and/or retained) lands to the satisfaction of
the City's Engineering Services
9. That as per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As-Recorded Tracking Form is required to be filled out and 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 Engineering Division prior to severance approval.
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.
COMMITTEE OF ADJUSTMENT -22- FEBRUARY 18,2014
1. Submission No.: B 2014-009 (Cont'd)
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 February 18,2016.
Carried
2. Submission No.: B 2014-010
Applicant: Jean Haalboom
Property Locations: 1165 Doon Village Road
Legal Description: Part of Lot 3, Biehn's Tract, and Part Lot 9, Registered Plan 594
Appearances:
In Support: J., R.and A. Haalboom
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
having a width on Doon Village Road of 30.480 m (100') a depth of 69.30m (227.362') and an
area of 2133.2 sq.m (22961.574 sq.ft).The severed lot will have a width on Doon Village Road of
41.01 m (134.547') a depth of 68.7m (225.393') and an area of 2875.1 sq.m (30947.319 sq.ft).
Both lots will continue to have a residential use.
The Committee considered the report of the Planning Division, dated February 10,2014, advising
that the subject property is located on the south side of Doon Village Road, between Oregon
Drive and Wilfong Drive. The area is primarily composed of single detached dwellings with a
wide variety of lot sizes and shapes. The subject property is 0.50 hectares (1.23 ac) in area,
has a lot width of 71.49 metres (234.54 ft) and contains a single detached dwelling that was
constructed in approximately 1884. The dwelling is privately serviced for sanitary but does
have access to municipal water supply. The property is designated Low Rise Residential in
the City's Official Plan and is zoned Residential One (R-2)with Special Use Provision 187U.
The application proposes to sever a vacant parcel of land with a lot area of 0.21 hectares (0.52
ac) and a lot width of 30.48 metres (100 ft) on Doon Village Road. The severed lot would be
used to construct a new single detached dwelling with a detached garage. The new dwelling
would be on private sanitary service and municipal water service.
The retained lot would contain the existing single detached dwelling and would possess a lot
area of 0.29 hectares (0.71 ac) and a lot width of 41.01 metres (134.54 ft) on Doon Village
Road. Both the retained and severed lots would comply with the Zoning By-law.
The City's Official Plan does allow development to be serviced with private systems where
"associated with severances and existing lots in agricultural areas and infilling situations in
existing unserviced developed areas where other forms of servicing are not feasible". The
question of feasibility is determined by both the Region, in consultation with the City.
In support of these applications, the applicant has submitted to the Region and City a Sewage
Servicing Feasibility Study from LVM Inc., stamped by a Professional Engineer. The City's
Engineering Services and Regional staff have reviewed this document and are satisfied that
allowing the severance to occur on private services is acceptable, subject to certain conditions
(see Region and Engineering Services comments, below).
In addition, the applicant has submitted to the City a Scoped Heritage Impact Assessment
prepared by a qualified professional. City Heritage Planning staff has reviewed this document
and is satisfied that the severance can be justified from a cultural heritage perspective, subject
to certain conditions (see Heritage Planning comments, below).
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 proposed severance is not premature and
is in the public interest. The proposed severance application conforms to the Official Plan.
The dimensions and shapes of both resultant properties are appropriate. The lands are
suitable for the purposes for which they are to be subdivided.
COMMITTEE OF ADJUSTMENT -23- FEBRUARY 18,2014
2. Submission No.: B 2014-010 (Cont'd)
Staff is of the opinion that the proposed severance is consistent with the Provincial Policy
Statement issued under subsection 3(1) of the Planning Act, conforms to the Growth Plan for
the Greater Golden Horseshoe, and conforms to the City's Official Plan.
Regional Municipality of Waterloo Comments:
The purpose of the application is to sever a parcel of land having a width on Doon Village
Road of 30.480 m (100'), a depth of 69.30m (227.362') and an area of 2,133.2 sq.m
(22,961.574 sq.ft). The severed lot will have a width on Doon Village Road of 41.01m
(134.547'), a depth of 68.7m (225.393') and an area of 2,875.1 sq.m (30,947.319 sq.ft). Both
lots will continue to have a residential use.
Servicing Feasibility:
Regional staff have received the Report entitled "Sewage Servicing Feasibility Study,
Haalboom Property, 1165 Doon Village Road City of Kitchener, Ontario", dated October 4,
2013, prepared by LVM Inc. and have no objections with the Report's findings.
Regional staff have no objection to the justification provided by the applicant that it is not
feasible at this time to extend municipal sanitary services to the subject property. The Report
has indicated that the proposed severed and retained lots are large enough in area to
accommodate a Class 4 sewage system (conventional). The proposed severed and retained
lots would be serviced with the public municipal water system.
The Region suggests that any existing unused wells on the subject property should be
decommissioned to appropriate Ministry of the Environment (MOE) standards. The Report
also confirms that adjacent properties are serviced with the public municipal water system.
Water Services:
For information purposes, the subject property is located in Kitchener Zone 2 (W)with a static
hydraulic grade line of 361 Metres Above Sea Level (mASL). Any development with a finished
road elevation below 304.6 mASL will require individual pressure reducing devices on each
water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental
Specifications for Municipal Services for January 2014.
Regional staff have no objections with the proposed application.
Transportation Services Comments:
Transportation Services has no concerns with the proposed severance provided that the
proposed driveway location identified in the Tree Conservation Plan within the Scoped
Heritage Impact Assessment prepared by Hoyle & Associates dated January 10, 2014, is
maintained.
Heritage Planner Comments:
The property municipally addressed as 1165 Doon Village Road is a protected heritage
property as it designated under Part IV of the Ontario Heritage Act. In addition, the subject
property is located adjacent to a protected heritage property being those lands located within
the Upper Doon Heritage Conservation District, which are designated under Part V of the
Ontario Heritage Act. A pre-submission consultation meeting was held on May 17, 2013. The
submission and approval of a Heritage Impact Assessment (HIA) was made a requirement of
the processing of the Committee of Adjustment application in order to ensure that the
proposed new lot had regard for and was consistent with Provincial, Regional and Municipal
policies relating to the conservation of cultural heritage resources.
A draft HIA prepared by Hoyle & Associates dated January 28, 2013 was submitted and
scheduled for comment by the City's Heritage Kitchener committee on Tuesday, January 7,
2014. No major concerns were raised by Heritage Kitchener. A final HIA prepared by Hoyle &
Associates dated January 10, 2014 was submitted in relation to Committee of Adjustment
application B 2014-010. The HIA concluded that the contextual value of the subject property
meets the criteria for designation. The HIA also concluded that the proposed severance and
construction of one single detached dwelling and detached garage will impact the subject
property and surrounding heritage district in terms of alteration to existing views and
vegetation. The HIA recommended mitigation techniques to minimize the impacts, including:
COMMITTEE OF ADJUSTMENT -24- FEBRUARY 18,2014
2. Submission No.: B 2014-010 (Cont'd)
• siting the front fapade of the new single detached dwelling behind the front fapade of the
subject property;
• preserving the trees at the front of the severed property (except those required to
facilitate the driveway access);
• encouraging new plantings that respect and enhance the subject property and Upper
Doon Heritage Conservation District;
• constructing an un-pronounced or detached garage;
• constructing a functional front porch;
• massing the proposed new dwelling near the severed property line;
• constructing the new single detached dwelling in accordance with the policies and
guidelines of the Upper Doon Heritage Conservation District;
• installing tree protection fencing during construction; and,
• registering an agreement on title requiring that new construction and alterations on the
severed lot must comply with the policies and guidelines of the Upper Doon Heritage
Conservation District Plan.
The HIA was approved by the Director of Planning on January 23,2014.
Heritage Planning staff have no concerns with the proposed consent subject to implementation
of the recommendations of the approved HIA. As a result, Heritage Planning staff recommend
the following conditions:
• That the owner enter into a modified subdivision agreement with the City of Kitchener to
be prepared by the City Solicitor to the satisfaction of the City's Director of Planning,
and registered on title of the severed lands. Said agreement shall include the following
special conditions:
Prior to Application for and Issuance of any Building Permits:
a) The subdivider shall submit a site plan showing the location of the single
detached dwelling, detached or linked garage and driveway in accordance with
the approved Heritage Impact Assessment, prepared by Hoyle and Associates,
dated January 10, 2014, to the satisfaction of the City's Coordinator, Cultural
Heritage Planning, and to the satisfaction of the City's Director of Transportation
Services. The approved site plan shall be implemented and maintained for the
life of the proposed development to the satisfaction of abovementioned City staff.
No changes to the site plan shall be granted except with the prior approval of the
abovementioned City staff.
b) The subdivider shall prepare and submit an updated/revised (based on plans
submitted at time of application for building permit) Tree Preservation /
Enhancement Plan for the severed lands in accordance with the approved
Heritage Impact Assessment, prepared by Hoyle and Associates, dated January
10, 2014, and the City's Tree Management Policy (rev. Nov. 2001), to the
satisfaction of the City's Senior Environmental Planner in consultation with the
City's Coordinator Cultural Heritage Planning, 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. The Subdivider further agrees
to implement and maintain the approved plan. No changes to the said plan shall
be granted except with the prior approval of the City's Director of Planning.
c) The subdivider agrees to install and maintain tree protection fencing during
construction to the satisfaction of the City's Senior Environmental Planner in
consultation with the City's Coordinator, Cultural Heritage Planning.
d) The subdivider shall submit and receive approval for a Heritage Permit to permit
the construction of the single detached dwelling and detached or linked garage in
accordance with the approved Heritage Impact Assessment, prepared by Hoyle
and Associates, dated January 10, 2014, to the satisfaction of the City's
Coordinator, Cultural Heritage Planning.
COMMITTEE OF ADJUSTMENT -25- FEBRUARY 18,2014
2. Submission No.: B 2014-010 (Cont'd)
e) The subdivider shall ensure that the Upper Doon Heritage Conservation District
Plan is provided in all Offers of Purchase and Sales Agreements, and/or rental
agreements, for the severed lands. Further, the Subdivider agrees to register the
Upper Doon Heritage Conservation District Plan on title of the subject lands.
f) The subdivider agrees that no building permits shall be applied for or issued, and
no new construction or alterations to dwellings and structures shall be
undertaken until the architectural plans, including building elevations, have been
reviewed and approved by the City's Coordinator, Cultural Heritage Planning, to
ensure that any new construction or alterations are consistent with the policies
and guidelines of the Upper Doon Heritage Conservation District Plan registered
on title of the subject lands.
Environmental Planning Comments:
Environmental Planning staff have reviewed the environmental supporting documentation for
the severance application (B 2014-010) noted above, which contains information which also
meets the requirements under the Tree Management Policy (rev. Nov 2001). Staff agree with
the analysis with the following questions, comments and/or requests for clarification. Based on
a review of the environmental documentation, we support the severance application with
conditions (see below).
The subject property is located within the Upper Doon Heritage Conservation District, where
many of the residences are designated as heritage homes. The subject property includes a
heritage home, surrounded by a variety of trees and shrubs, manicured lawn and ornamental
garden.
Guiding documents with respect to the natural heritage features and functions on or near the
subject property are as follows:
• Tree Management Policy. Rev. Nov. 2001. City of Kitchener.
Comments on Tree Preservation/Enhancement Plan:
1) Section 3.5 Tree Removal and Protection (Page 21) proposes the use of snow fencing
for tree protection during construction. The City of Kitchener standard is post and paige
wire fencing placed at dripline+1 m as per: Tree Management Policy (rev. 2001), as
reproduced in the Urban Design Manual (2010) (please see attached). In addition, Tree
Protection Fencing needs to be shown as indicated above at dripline+1m on the Tree
Conservation Plan (Drawing 1-1). Please revise the report and drawing as appropriate.
2) Tree Conservation Plan (Drawing 1-1) contains a note which states that fencing may be
removed briefly during construction operations to accommodate new work within the
drip line and then replaced immediately afterwards. Which part of the construction
would require the fencing to be removed? Generally, fencing may not be removed
during active construction, only when all construction is complete. Please clarify the
reasons behind removing fencing temporarily during construction.
3) The report does not contain information regarding proposed grade changes and
potential impacts to trees. Could general areas of cut and fill (and depth) be shown or
described?
4) Eliminate or minimize grade changes regarding the driveway footprint to remove/pull
back driveway from the tree driplines and associated root zones. Please revise the
drawing accordingly.
5) Why is Tree#20 being removed? It appears that it could be retained based on the fact
that it is located outside the immediate vicinity of construction for the septic system.
This tree is in good condition and this species is generally tolerant of minor construction
impacts. Effort should be made to retain this tree.
6) Where will the Tulip tree (Tree#25) be relocated to?
COMMITTEE OF ADJUSTMENT -26- FEBRUARY 18,2014
2. Submission No.: B 2014-010 (Cont'd)
7) We agree with the removal of Trees 24 and 24a based on their poor health and the
potential to become a hazard a tree.
Proposed Severance Conditions:
In addition to the standard conditions Environmental Planning staff requests the inclusion of
the following special conditions (wording to be finalized by the file planner):
That the owner shall enter into an agreement with the City of Kitchener to be prepared by the
City Solicitor and registered on title of the severed lands which shall include the following:
a) As the owner has already submitted a preliminary Tree Preservation / Enhancement
Plan for the subject lands in conjunction with the Heritage Impact Assessment, the
owner shall prepare an updated/revised (based on plans submitted at time of
application for building permit) Tree Preservation / Enhancement Plan for the severed
lands in accordance with the approved Heritage Impact Assessment and the City's Tree
Management Policy (rev. Nov. 2001), to the satisfaction of the City's Senior
Environmental Planner in consultation with the City's Coordinator Cultural Heritage
Planning, 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.
Building Comments:
The Building Division has no objections to the proposed severance provided a building permit
for the proposed single family dwelling is obtained. Please contact the Building Division at
519-741-2433 with any questions.
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for water, in accordance with City policies.
• The owner is required to 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, all prior to severance approval.
Our records indicate a water municipal service is currently available to service this
property. Any further enquiries in this regard should be directed to Christine Goulet
(519-741-2200 ext. 7820).
• Any redundant driveways are to be closed with new curb and gutter and boulevard
landscaping, all to City of Kitchener standards and any new driveways are to be built to
City of Kitchener standards at grade with the existing sidewalk. All works is at the
owner's expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval. Please note any
wells will need to be decommissioned as per the building code. A letter of permission
may be required for any work done on neighbouring properties.
• 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 Engineering Division prior to severance approval.
Parks Operations Comments:
Parkland dedication is required and will be taken as cash-in-lieu as a condition of severance
approval. This fee, as of January 30, 2014, is $14,020.80 based on 5% of the value of the
land (based on $9,200.00 per metre of frontage severed): 30.48 metres x $9,200.00 x 0.05
(i.e., 5%)_ $14,020.80.
COMMITTEE OF ADJUSTMENT -27- FEBRUARY 18,2014
2. Submission No.: B 2014-010 (Cont'd)
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
February 5,2014, advising that they have no objections to this application.
The Committee considered the report of the Grand River Conservation Authority (GRCA), dated
February 7, 2014, advising that although they have no concerns with this application, they noted
that a portion of the subject property is within the floodplain of Schneider Creek and the allowance
adjacent to wetlands located on neighbouring lands. Consequently, the subject property is
regulated by the GRCA under Ontario Regulation 150/06. Any future development within the
regulated area on the subject lands will require the prior issuance of a permit pursuant to Ontario
Regulation 150/06.
Mr. R. Haalboom circulated an excerpt from the scoped Heritage Impact Assesement (HIA)
completed by Hoyle &Associates dated January 10, 2014, noting that through the HIA approval
process it was proposed that the severed parcel would contain a two storey structure with either a
detached garage or a garage with a proposed breezeway connecting the garage to the dwelling.
He requested that Conditions 7a and 7d be amended to reference both a detached garage and a
link garage to ensure that the new owners are not limited in their construction.
Ms. M. Drake advised that the subject property has gone through an approval process which
included the approval of a Heritage Impact Assessment. She further advised that the HIA has
been approved and staff acknowledge that the applicant has proposed a potential detached or
link garage through that application and agreed that Conditions 7a and 7d could be amended to
include a reference to a potential linked garage.
In response to questions, Ms. Drake advised that Condition 7e regarding the registration of the
the Upper Doon Heritage Conservation District Plan on title of the subject lands is a standard
condition of a modified subdivision agreement.
Moved by Mr.A. Head
Seconded by Mr.A. Lise
That the application of Jean Haalboom requesting permission to sever a parcel of land having
a width on Doon Village Road of 30.480 m (100') a depth of 69.30m (227.362') and an area of
2133.2 sq.m (22961.574 sq.ft), on Part of Lot 3, Biehn's Tract, and Part Lot 9, Registered Plan
594, 1165 Doon Village Road, 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 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.
4. That the owner shall make satisfactory financial arrangements for the removal of any
redundant service connections and the installation of new ones that may be required to
service this property, prior to endorsement of the deed for the severed lands to the
satisfaction of the City's Engineering Services.
5. That the owner shall prepare a servicing plan showing outlets to the municipal servicing
system, prior to endorsement of the deed for the severed lands to the satisfaction of the
City's Engineering Services.
COMMITTEE OF ADJUSTMENT -28- FEBRUARY 18,2014
2. Submission No.: B 2014-010 (Cont'd)
6. That as per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As-Recorded Tracking Form is required to be filled out and 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 Engineering Division prior to severance approval.
7. That the owner shall enter into a modified subdivision agreement with the City of
Kitchener to be prepared by the City Solicitor and registered on title of the severed
lands. Said agreement shall include the following special conditions to the satisfaction
of the City's Director of Planning:
The following conditions shall be fulfilled prior to Application for and Issuance of any
Building Permits:
a) The subdivider shall submit a site plan showing the location of the single
detached dwelling, detached or linked garage and driveway in accordance with
the approved Heritage Impact Assessment, prepared by Hoyle and Associates,
dated January 10, 2014, to the satisfaction of the City's Coordinator, Cultural
Heritage Planning, and to the satisfaction of the City's Director of Transportation
Services. The approved site plan shall be implemented and maintained for the
life of the proposed development to the satisfaction of abovementioned City staff.
No changes to the site plan shall be granted except with the prior approval of the
abovementioned City staff.
b) The subdivider shall prepare and submit an updated/revised (based on plans
submitted at time of application for building permit) Tree Preservation /
Enhancement Plan for the severed lands in accordance with the approved
Heritage Impact Assessment, prepared by Hoyle and Associates, dated January
10, 2014, and the City's Tree Management Policy (rev. Nov. 2001), to the
satisfaction of the City's Senior Environmental Planner in consultation with the
City's Coordinator Cultural Heritage Planning, 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. The Subdivider further agrees
to implement and maintain the approved plan. No changes to the said plan shall
be granted except with the prior approval of the City's Director of Planning.
c) The subdivider agrees to install and maintain tree protection fencing during
construction to the satisfaction of the City's Senior Environmental Planner in
consultation with the City's Coordinator, Cultural Heritage Planning.
d) The subdivider shall submit and receive approval for a Heritage Permit to permit
the construction of the single detached dwelling and detached or linked garage in
accordance with the approved Heritage Impact Assessment, prepared by Hoyle
and Associates, dated January 10, 2014, to the satisfaction of the City's
Coordinator, Cultural Heritage Planning.
e) The subdivider shall ensure that the Upper Doon Heritage Conservation District
Plan is provided in all Offers of Purchase and Sales Agreements, and/or rental
agreements, for the severed lands. Further, the Subdivider agrees to register the
Upper Doon Heritage Conservation District Plan on title of the subject lands.
f) The subdivider agrees that no building permits shall be applied for or issued, and
no new construction or alterations to dwellings and structures shall be
undertaken until the architectural plans, including building elevations, have been
reviewed and approved by the City's Coordinator, Cultural Heritage Planning, to
ensure that any new construction or alterations are consistent with the policies
and guidelines of the Upper Doon Heritage Conservation District Plan registered
on title of the subject lands.
It is the opinion of this Committee that:
COMMITTEE OF ADJUSTMENT -29- FEBRUARY 18,2014
2. Submission No.: B 2014-010 (Cont'd)
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 February 18,2016.
Carried
3. Submission No.: B 2014-011
Applicant: Marie and Mark Leibold
Property Locations: 24 and 26 Courtland Avenue East
Legal Description: Part Lot 20, Plan 398 and Part Lot 175, Subdivision of Lot 17, German
Company Tract
Appearances:
In Support: M. Leibold
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 Courtland Avenue East, with the severed land having a
lot width of 5.486m (17.998'), by a depth of 36.576m (120') and an area of 200.655 sq.m
(2159.842 sq.ft.); and the retained land having a lot width of 5.526m (18.129'), by a depth of
36.576m (120')and an area of 202.118 sq.m (2175.59 sq.ft.).
The Committee considered the report of the Planning Division, dated February 9, 2014, advising
that the subject properties are municipally addressed as 24 and 26 Courtland Avenue East. Each
property is developed with a street fronting townhouse dwelling unit (2 of the 9 properties in the
townhouse block). The property titles of 24 and 26 Courtland East have similar ownership and
have merged. The owners are applying to sever the properties into two separate titles for
individual ownership.
The application proposes to sever a lot with a width of 5.486 metres, a depth of 36.576 metres,
and an area of 200.655 square metres. The retained lands have a proposed lot width of 5.526
metres, a depth of 36.576 metres, and an area of 202.118 square metres. The proposed
severance would have the effect of allowing individual ownership of each street fronting
townhouse dwelling unit.
The properties are currently designated as Medium Density Multiple Residential in the Mill
Courtland Woodside Park Secondary Plan and zoned as Residential Seven (R-7) in 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 existing lot width deficiency for the severed parcel is legal non-
conforming.
COMMITTEE OF ADJUSTMENT -30- FEBRUARY 18,2014
3. Submission No.: B 2014-011 (Cont'd)
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
February 5,2014, advising that they have no objections to this application subject to the following
condition:
1. That prior to final approval, the owner/developer enters into a registered development with
the Region of Waterloo to agree that the following noise warning clause be included in all
offers of purchase and sale, and/or rental agreements for all residential units on both the
severed and retained lands:
"Due to the proximity to Courtland Avenue East(Regional Road No. 53)and Benton Street
(Regional Road No. 6), projected noise levels on this property may exceed the Noise
Level Objectives approved by the Regional Municipality of Waterloo and may cause
concern to some individuals".
Moved by Mr.A. Lise
Seconded by Mr.A. Head
That the application of Marie and Mark Leibold 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 Courtland Avenue East, with the severed land having
a lot width of 5.486m (17.998'), by a depth of 36.576m (120') and an area of 200.655 sq.m
(2159.842 sq.ft.); and the retained land having a lot width of 5.526m (18.129'), by a depth of
36.576m (120') and an area of 202.118 sq.m (2175.59 sq. ft.), on Part Lot 20, Plan 398 and
Part Lot 175, Subdivision of Lot 17, German Company Tract, 24 and 26 Courtland Avenue
East, 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 a registered development with the Region of Waterloo to
agree that the following noise warning clause be included in all offers of purchase and
sale, and/or rental agreements for all residential units on both the severed and retained
lands:
"Due to the proximity to Courtland Avenue East (Regional Road No. 53) and Benton
Street (Regional Road No. 6), projected noise levels on this property may exceed the
Noise Level Objectives approved by the Regional Municipality of Waterloo and may
cause concern to some individuals".
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.
COMMITTEE OF ADJUSTMENT -31 - FEBRUARY 18,2014
3. Submission No.: B 2014-011 (Cont'd)
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 February 18,2016.
Carried
4. Submission No.: B 2014-012
Applicant: Conestoga College of Applied Arts&Technology
Property Locations: Homer Watson Boulevard and Doon Valley Drive
Legal Description: Part Lots 3 and 4, Part Biehn's Unnumbered Tract, being Part 1 on
Reference Plan 58R-15599
Appearances:
In Support: S. Patterson
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever an irregular
parcel of land having a width on Homer Watson Boulevard of 218.67m (717.42`)an easterly width
of 111.46m(365.682')and an area of 13,989 sq.m (150576.343 sq.ft).The retained land will have
a width on Homer Watson Boulevard of 237.35m (7778.707') depth of 437.70m (1432.023') and
an area of 93,716 sq.m (100,8750.629 sq.ft). The proposed used for the severed land is a
hospice;the use of the retained land is unknown at this time.
The Committee considered the report of the Planning Division, dated February 5, 2014, advising
that the subject property is designated as Low Rise Residential in the Official Plan and zoned
Residential Six Zone (R-6) with Special Provision 192R in the Zoning By-law and is currently
vacant.
The applicant is requesting consent to sever the subject property into two lots. The severed lot
would have a frontage of 218.67 metres, a depth of 111.46 metres and an area of 1.3989
hectares, while the retained lot would have a frontage of 237.35 metres, depth of 437.7 metres
and an area of 9.3716 hectares.
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
Six Zone (R-6). The proposed severance is required to create separate lots to facilitate a lease
agreement that will be in excess of 21 years between the Owner (Conestoga College), and the
lease (Innisfree House (Hospice)). Under section 50.(3)of the Planning Act no person shall"enter
into any agreement that has the effect of granting the use of or right in land directly or by
entitlement to renewal for a period of twenty-one years or more unless" municipal consent is
given (f).
In addition, the dimensions and shapes of the proposed lot is appropriate and suitable for the use
of the property as a hospice, 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 Committee considered the report of the Region of Waterloo, Principal Planner, dated
February 5,2014, advising that they have no objections to this application subject to the following
conditions:
1. That prior to final approval, the owner/developer submits a Transportation Noise
Assessment for the severed lands to assess noise levels and indicate to the Regional
Municipality of Waterloo methods to be used to abate traffic noise levels from Homer
Watson Boulevard (Regional Road No. 28) and any other traffic noise sources. If
necessary the owner/developer shall enter into a registered agreement with the Region of
Waterloo to provide for the implementation of the approved Noise Assessment.
COMMITTEE OF ADJUSTMENT -32- FEBRUARY 18,2014
4. Submission No.: B 2014-012 (Cont'd)
Transportation Noise Assessment shall be completed as per NPC-300 and Regional
Guideline "Regional Municipality of Waterloo Implementation Guideline for Noise Policies"
dated July 14, 1999 and the Noise Consultant must be on the Region's pre-approved list.
The Region requires 4 copies complete with a signed Consultant's Declaration and
Owner's Statement. The noise consultant shall contact Region of Waterloo staff for
transportation data including traffic forecasts and truck percentages for the purpose of
preparing the noise study;and,
2. That prior to final approval, the owner/developer submits a Servicing Report for the
proposed development on the severed lands to the satisfaction of the Region of Waterloo.
Mr. Patterson questioned whether Conditions 1, 4, 5 and 6 could be removed from the consent
approval process. He advised that the application for severance is intended to create a new
parcel of land for the construction of a new Hospice. He indicated the Hospice will be subject to
Site Plan approval and it would be more appropriate, in his opinion, to satisfy Engineering
Services through the approval of their Site Plan.
In response to questions, Mr. B. Batemen advised that the City has not yet received a Site Plan
application for the property. He suggested that the Committee approve the recommendation as
outlined in the staff report, as staff does not have any means of guaranteeing the conditions are
fulfilled if a Site Plan application is not received. He further advised that once an application for
Site Plan approval is received, Engineering could waive the conditions for the severance at that
time.
The Chair questioned whether a condition should be added for the payment of parkland
dedication, noting that the applicant has not yet submitted an application for Site Plan approval.
He further advised that it was his understanding that parkland dedication should be requested at
the earliest opportunity in the development process.
Mr. Bateman advised that staff would not object to the amendment to include a condition for
parkland dedication. He requested that the condition be worded that the owner shall make
satisfactory arrangements with the Community Services Department for the payment of a cash-
in-lieu contribution for park dedication.
Moved by Mr.A. Lise
Seconded by Mr.A. Head
That the application of Conestoga College of Applied Arts &Technology requesting permission
to sever an irregular parcel of land having a width on Homer Watson Boulevard of 218.67m
(717.42`) an easterly width of 111.46m (365.682') and an area of 13,989 sq.m (150576.343
sq.ft), on Part Lots 3 and 4, Part Biehn's Unnumbered Tract, being Part 1 on Reference Plan
58R-15599, Homer Watson Boulevard and Doon Valley 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.
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 make financial arrangements for the installation of all new service
connections to the severed lands and retained lands to the satisfaction of the City's
Engineering Services.
4. The owner shall make satisfactory financial arrangements for the removal of any
redundant service connections and the installation of new ones that may be required to
service this property to the satisfaction of the City's Engineering Services.
COMMITTEE OF ADJUSTMENT -33- FEBRUARY 18,2014
4. Submission No.: B 2014-012 (Cont'd)
5. A servicing plan showing outlets to the municipal servicing system along with the
sanitary and storm sewer design sheets will be required to the satisfaction of the City's
Engineering Services.
6. That as per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As-Recorded Tracking Form is required to be filled out and 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 Engineering Division prior to severance approval.
7. That the owner/developer shall submit a Transportation Noise Assessment for the
severed lands to assess noise levels and indicate to the Regional Municipality of
Waterloo methods to be used to abate traffic noise levels from Homer Watson
Boulevard (Regional Road No. 28) and any other traffic noise sources. If necessary the
owner shall enter into a registered agreement with the Region of Waterloo to provide for
the implementation of the approved Noise Assessment. Transportation Noise
Assessment shall be completed as per NPC-300 and Regional Guideline "Regional
Municipality of Waterloo Implementation Guideline for Noise Policies" dated July 14,
1999 and the Noise Consultant must be on the Region's pre-approved list. The Region
requires 4 copies complete with a signed Consultant's Declaration and Owner's
Statement. The noise consultant shall contact Region of Waterloo staff for
transportation data including traffic forecasts and truck percentages for the purpose of
preparing the noise study.
8. That the owner shall submit a Servicing Report for the proposed development on the
severed lands to the satisfaction of the Region of Waterloo.
9. That the owner shall make satisfactory arrangements with the Community Services
Department for the payment of a cash-in-lieu contribution for park dedication.
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 February 18,2016.
Carried
5. Submission No.: B 2014-013
Applicant: Conestoga College of Applied Arts&Technology
Property Locations: Homer Watson Boulevard and Doon Valley Drive
Legal Description: Part Lots 3 and 4, Part Biehn's Unnumbered Tract, being Part 1 on
Reference Plan 58R-15599
Appearances:
In Support: S. Patterson
Contra: None
Written Submissions: None
COMMITTEE OF ADJUSTMENT -34- FEBRUARY 18,2014
5. Submission No.: B 2014-013 (Cont'd)
The Committee was advised that the applicant is requesting permission for a lease in excess of
21 years to the Innisfree House (Lisaard House Hospice) for the proposed building that will
occupy the severed land on Part Lots 3 and 4, Part Biehn's Unnumbered Tract, being Part 1, on
Reference Plan 58R-15599.
The Committee considered the report of the Planning Division, dated February 5, 2014, advising
that the subject lands are currently vacant and owned by Conestoga College. The owner intends
to sever the subject lands and create a lease in excess of 21 years with Innisfree House
(Hospice). City Planning staff conducted a site inspection of the property on February 6,2014.
Under section 50.(3) of the Planning Act no person shall "enter into any agreement that has the
effect of granting the use of or right in land directly or by entitlement to renewal for a period of
twenty-one years or more unless" municipal consent is given (f).
Staff is of the opinion that the requested consent would not have any negative impacts on the
remainder of the Conestoga College lands. Further, staff is of the opinion that the proposed
lease in excess of 21 years is consistent with the policy statements issued under subsection 3(1)
of the Planning Act, does not conflict with any applicable provincial plans, and conforms to the
City's Official Plan.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
February 5,2014, advising that they have no objections to this application.
Moved by Mr.A. Lise
Seconded by Mr.A. Head
That the application of Conestoga College of Applied Arts &Technology requesting permission
for a lease in excess of 21 years to the Innisfree House (Lisaard House Hospice) for the
proposed building that will occupy the severed land on Part Lots 3 and 4, Part Biehn's
Unnumbered Tract, being Part 1, on Reference Plan 58R-15599, Homer Watson Boulevard
and Doon Valley Drive, Kitchener, Ontario, BE GRANTED, subject to the following condition:
1. That the owner shall receive final approval of Consent Application B 2014-012.
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 February 18,2016.
Carried
COMBINED APPLICATIONS
1. Submission Nos.: B 2014-014&A 2014-007
Applicants: David Steinbach
Property Location: 285 Simeon Street
Legal Description: Lots 1 to 3, Registered Plan 336
Appearances:
In Support: D. Steinbach
COMMITTEE OF ADJUSTMENT -35- FEBRUARY 18,2014
1. Submission No.: A 2014-007&B 2014-014(Cont'd)
Contra: P. &P. Porter
S. Nunn
N. Riedel Bowers
J. &E. Harris
G. &M. Stevens
Written Submissions: N. &A. Bowers
P. Smyth
B. &S. Saliwonchyk
The Committee was advised that the applicant is requesting permission to sever a parcel of land
having a width on Raitar Avenue of 21.2m (69.553'), a depth of 14.6m (47.9') and an area of
334.3 sq.m. (3598.375 sq.ft.). Permission is also being requested to construct a semi-detached
dwelling on the severed lot having a front yard setback for a porch that is less than 0.6m (1.968')
in height of 2.Om(6.56')rather than the required 3.Om (9.84'); a rear yard setback of 1.8m (5.905')
rather than the required 7.5m (24.606'); a front yard setback of 3.1m (10.170') rather than the
required 4.5m (14.763'); and, off-street parking to be located Om from the street line where as the
By-law requires a minimum of 6m (19.685'). The retained land will have a width on Ellis Avenue
of 14.992m(49.186')a depth of 24.5 (80.38'); and an area of 360 sq.m. (3875.008 sq.ft.).
The Committee considered the report of the Planning Division, dated February 10,2014, advising
that the subject property is located at 285 Simeon Street. It is an irregular triangular shaped lot
that currently contains a single detached dwelling built in about 1948. The applicant is requesting
consent to sever one lot for future development,while retaining the existing house. The applicant
is also requesting a minor variance to legalize the side yard setback of the existing attached
garage. The surrounding neighbourhood contains a mix of residential and institutional uses
including single detached dwellings, low-rise apartments, churches, a cemetery and a public
school.
Consent
Through consent application B 2014-014, the owner is proposing to sever the side yard of 285
Simeon Street (an area measuring approximately 15.7 metres by 58.3 metres, and totalling 691
m2) to create a new residential lot. The retained lot would continue to be an irregular triangle
shape (having 54.1 metres of frontage and a depth of about 42.9 m and an area of 741.4m2),
containing an existing single dwelling.
With respect to the criteria for the subdivision of land listed in Section 51 (24)of the Planning Act,
R.S.O. 1990, c. P. 13, staff are satisfied that the creation of the severed lot is desirable and
appropriate. The subject property is zoned Residential Four Zone (R-4). The dimensions and
shape of both the severed and retained lands conform to the zoning regulations and are
appropriate and suitable for the existing dwelling and the future development of the severed lot.
As discussed below, the applicant is requesting a variance to legalize the existing side yard
setback of the attached garage. All other regulations pertaining to the house on the lands to be
retained continue to conform.
The resultant lots will be compatible in size with the lots in the surrounding area. Official Plan
policy with respect to intensification (Part 2 — 1.1.5.3) requires that, "Any new residential
buildings...in predominantly low density neighbourhoods, shall be consistent with the massing,
scale, design and character of that neighbourhood." Given that the lands to be severed will be
sold as a developable lot in an established low density neighbourhood, staff recommend that a
condition of approval be added to require the applicant to enter into a modified subdivision
agreement, requiring the approval of a Building Location Plan and building elevations drawings,
demonstrating that the proposed dwelling is compatible with neighbouring dwellings, prior to
issuance of a building permit.
Staff also note that there are a number of trees on the lands to be severed. Environmental
Planning staff have requested that condition of approval to require the owner to prepare a Tree
Preservation Plan for the severed lands in accordance with the City's Tree Management Policy.
The lands to be retained are fully serviced, and services are available for the lands to be severed.
The owner will be required to make arrangements to extend storm, water and sanitary services
for the future development, as per Engineering Services comments below.
COMMITTEE OF ADJUSTMENT -36- FEBRUARY 18,2014
1. Submission No.: A 2014-007&B 2014-014(Cont'd)
The proposed consent conforms to the Official Plan, does not conflict with the Provincial Policy
Statement issued under Subsection 3 (1) of the Planning Act, and conforms to the Growth Plan
for the Greater Golden Horseshoe.
Note: A modified subdivision agreement is being recommended as a condition of this consent.
This agreement must be registered within one year of the consent being granted. Staff suggest
the owner contact the City's Legal Services to initiate preparation of this agreement as soon as
possible.
Minor Variance
The applicant is requesting a minor variance to permit a side yard setback for an attached garage
of 0.55 metres, rather than 1.2 metres as required by the by-law. This setback is not proposed to
change as a result of the severance.
When the dwelling and garage were originally built the garage was detached. Zoning By-law
1823 only required a side yard of 18" (0.46 metres) for an accessory structure; therefore the
detached garage complied when it was built. Had it remained detached it would have been
considered legal non-conforming. Since originally constructed, the garage was connected to the
house, and was legalized under the existing lot policy in 1994. In the absence of the consent this
would continue to be considered legal under the existing lot policy. However, this status is lost as
the lot configuration is changing.
In considering the four tests for minor variances as outlined in Section 45(1)of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments.
The Low Rise Residential designation permits single detached dwellings. As the use of the
retained lands is not changing,the intent of the Official Plan is maintained.
The intent of the side yard setback in the zoning by-law is to allow sufficient space between the
building and the lot line for access and maintenance. While attached garages require a 1.2
metres setback, detached garages require a 0.6 metre setback, which is only 0.05 metres more
than what is being requested. It is noted that detached accessory structures are limited to a
maximum height of 5.5 metres, whereas attached structure may be up to 10.5 metres. The
difference in setback is partially due to the difference in maximum building height, as more space
is needed to access upper stories for maintenance. Therefore, as the existing attached garage is
only one storey high and was originally constructed as a detached garage, staff are satisfied that
for the existing structure only, a side yard setback of 0.55 metres meets the intent of the Zoning
By-law.
Based on the foregoing and as the setback has existed since the house and garage were built,
with no record of concerns or complaint, staff are of the opinion that a side yard of 0.55 for the
attached garage is minor and is appropriate for the development and use of the lands.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
February 5, 2014, advising that they have no objections to Submission No. B 2014-014 subject to
the following condition:
1. That prior to final approval, the owner/developer enters into a registered development with
the Region of Waterloo to agree that the following noise warning clause be included in all
offers of purchase and sale, and/or rental agreements for all residential units on both the
severed and retained lands:
"Due to the proximity to Weber Street East (Regional Road No. 8) and Stirling Avenue
North, projected noise levels on this property may exceed the Noise Level Objectives
approved by the Regional Municipality of Waterloo and may cause concern to some
individuals".
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
February 4,2014, advising that they have no concerns with Submission No.A 2014-007.
The Committee considered a written submission from the neighbours in opposition to the
proposed applications.
COMMITTEE OF ADJUSTMENT -37- FEBRUARY 18,2014
1. Submission No.: A 2014-007&B 2014-014(Cont'd)
Mr. Steinbach advised that he is in support of the proposed applications and staffs
recommendation as outlined in the report. He stated that prior to purchasing the property he
completed some background research and was able to confirm that the subject property consists
of three whole lots on a plan of subdivision. He indicated that his lawyer has advised him that he
would not require a consent application to establish a separate lot from 285 Simon Street. He
commented that without a consent application he could apply to the Land Registry Office for a
new Property Identification Number (PIN) for Lot 1, Plan 336 which would establish it as a
separate lot and permit it to be sold. He further advised that it is his intention to sever the subject
property and establish two larger lots, rather than obtaining a new PIN number for Lot 1 to ensure
that the new lot is more compatible with the existing neighbourhood.
In response to questions, Mr. Steinbach advised that the previous owner had applied to the
Committee of Adjustment for a severance in 1994. He indicated that the although the Committee
approved the severance in 1994, the owner did not proceed with fulfilling the conditions and the
decision became null and void.
Several neighbours spoke in opposition to the proposed applications, stating concerns with
pedestrian and vehicle safety, the compatibility of the proposed lot with the existing
neighbourhood, and increased noise.
In response to questions, Mr. Bateman advised that planning staff have put forward a
recommendation stating that the creation of a new lot is desirable and appropriate because it
meets the tests under the Planning Act for the creation of a new lot.
Mr. Harris expressed concerns that the approval of Condition 4 is at the discretion of City staff.
He indicated that, in his opinion, there is a property on Cameron Street where City staff approved
the construction of a dwelling that is not compatible with the surrounding neighbourhood.
Mr. Bateman advised that he is unable to speak to the incident on Cameron Street as he is
unaware of the situation and sympathized with the neighbours with the fact that design esthetics
can be subjective. He stated that there are a number of qualified professionals on staff in areas
of planning and urban design that will review the development to ensure compatibility with the
surrounding neighbourhood.
The Chair stated that the Committee is required to make a decision solely on the merit of the
application.
Mr. A. Head stated that he would be willing to support the proposed applications as the consent
application meets all the requirements under the Planning Act and the Provincial Policy
Statement(PPS)for intensification and the variance application is minor in nature.
Submission No. B 2014-014
Moved by Mr.A. Head
Seconded by Mr.A. Lise
That the application of David Steinbach requesting permission to sever a parcel of land having
a width on Simeon Street of 15.735m (51.624') a depth of 58.305m (191.289') and an area of
691.3 sq.m (7441.091 sq.ft), on Lots 1 to 3, Registered Plan 336, 285 Simeon 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. 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 -38- FEBRUARY 18,2014
1. Submission No.: A 2014-007&B 2014-014(Cont'd)
4. That the owner shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on title of the severed lands which shall include the
following:
"That prior to any grading, tree removal, or the application for or issuance of a building
permit, the owner shall submit the following plans, prepared by qualified consultants, to
the satisfaction of the City's Director of Planning:
(i) A Building Location Plan showing the proposed location of all buildings (including
accessory buildings and structures), decks and driveways, and demonstrating
compatibility with neighbouring dwellings.
(ii) Elevation drawings for all new buildings, demonstrating compatibility with
neighbouring dwellings.
(iii) A Grading Plan showing the proposed grades and drainage.
(iv A Tree Preservation Plan for the severed lands in accordance with the City's
Tree Management Policy. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped area and
vegetation to be preserved.
(v) The owner further agrees to implement the approved plans. No changes to the
plans shall be granted except with the prior approval of the City's Director of
Planning."
5. That the owner shall make financial arrangements for the removal of any redundant
service connections and the installation of new ones that may be required to service this
property, the installation of boulevard landscaping including street trees, the installation
of a paved driveway ramp, and the installation of new curb and gutter, all to City
standards to the satisfaction of the City's Engineering Services.
6. That the owner shall 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 City's Engineering Services.
7. That the owner shall make satisfactory financial arrangements for the extension of the
storm sewer to the lands to be severed to the satisfaction of the City's Engineering
Services.
8. That the owner shall provide a Servicing Plan, prepared by a qualified consultant,
showing outlets to the municipal servicing system along with the sanitary and storm
sewer design sheets to the satisfaction of the City's Engineering Services.
9. That the owner shall demonstrate that adequate and appropriate sump pump outlets
can be provided to the site to the satisfaction of City's Engineering Services; and that, in
the event that the municipal storm sewer must be extended to service the subject
development, a certificate of approval for sewage works will be required by the Ministry
of Environment in accordance with Section 53 of the Ontario Water Resources Act, to
the satisfaction of Engineering Services.
10. That as per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As-Recorded Tracking Form is required to be filled out and 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 Engineering Division prior to severance approval.
11. That the owner shall enter into a registered development with the Region of Waterloo to
agree that the following noise warning clause be included in all offers of purchase and
sale, and/or rental agreements for all residential units on both the severed and retained
lands:
COMMITTEE OF ADJUSTMENT -39- FEBRUARY 18,2014
1. Submission No.: A 2014-007&B 2014-014(Cont'd)
"Due to the proximity to Weber Street East (Regional Road No. 8) and Stirling Avenue
North, 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 February 18,2016.
Carried
Submission No.A 2014-007
Moved by Mr.A. Head
Seconded by Mr.A. Lise
That the application of David Steinbach requesting permission to legalize an the existing
garage having a northerly side yard setback of 0.55m (1.80) rather than the required 1.2m
(3.937'), on Lots 1 to 3, Registered Plan 336, 285 Simeon Street, Kitchener, Ontario, BE
APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Carried
ADJOURNMENT
On motion,the meeting adjourned at 11:05 a.m.
Dated at the City of Kitchener this 18th day of February, 2014.
Dianna Saunderson
Secretary-Treasurer
Committee of Adjustment