HomeMy WebLinkAbout2014-05-20COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD MAY 20, 2014
MEMBERS PRESENT: Messrs. A. Head and B. McColl and Ms. J. Meader.
OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. B. Bateman, Senior Planner;
Mr. D. Pimentel, Traffic Technologist; Ms. D. Saunderson, Secretary -
Treasurer; and, Ms. H. Dyson, Administrative Clerk.
Mr. A. Head, Vice - Chair, called this meeting to order at 10:06 a.m.
MINUTES
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the minutes of the regular meeting of the Committee of Adjustment held April 15, 2014, as mailed
to the members, be accepted.
Carried
NEW BUSINESS
MINOR VARIANCE
1. Submission No.:
Applicants:
Property Location:
Legal Description:
Appearances:
In Support:
Contra:
A 2014 -022
Dan Currie and Trish Unger
233 Glasgow Street
Lot 12, Plan 349
D. Currie
T. Unger
None
Written Submissions: None
The Committee was advised that the applicants are requesting permission to construct a rear
yard addition on an existing single detached dwelling with an easterly side yard setback of 0.91 m
(2.986') rather than the required 1.2m (3.94').
The Committee considered the report of the Planning Division, dated May 7, 2014, advising that
the subject property is zoned Residential Four (R -4) in the Zoning By -law and designated Low
Rise Residential in the City's Official Plan. The site contains an existing single detached dwelling.
The owners are requesting relief from Section 38.2.1 to permit a minimum side yard setback of
0.91 metres whereas 1.2 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 variance:
The requested variance for the proposed side yard variance to build an addition to the existing
single detached dwelling meets the intent of the Official Plan. The Low Rise Residential
designation recognizes the existing scale of residential development and allows for modest
alterations. The proposed variance will permit a reduced side yard for the existing and proposed
addition. The minor change will maintain the low density character of the property and
surrounding neighbourhood.
COMMITTEE OF ADJUSTMENT - 81 - MAY 20, 2014
1. Submission No.: A 2014 -022 (Cont'd)
The proposed variance meets the intent of the Zoning By -law. The purpose of a side yard
setback of 1.2 metres is to allow adequate space for the owners to provide maintenance to the
subject dwelling and to permit access to and from the rear yard. The proposed side yard setback
of 0.91 metres will still allow the owners to perform maintenance work to the existing dwelling and
allow adequate access space to the rear yard.
The variance is considered minor. Staff is of the opinion that the requested variance will provide
adequate maintenance and access space and will not negatively affect the adjacent properties or
surrounding neighbourhood.
The proposed variance is appropriate for the development and use of the land as the proposed
residential use is a permitted use in the Zoning By -law. The proposed variance will allow the
owners to legalize an existing non - complying side yard setback and allow a modest addition to
the existing single detached dwelling. The scale, massing and height of the addition is
appropriate and consistent with the existing single detached dwelling. The proposed variance will
not impact the existing character of the subject property or surrounding neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
May 5, 2014, advising that they have no concerns with this application.
Mr. D. Currie and Ms. T. Unger were in attendance and advised that they were in support of staffs
recommendation.
In response to questions regarding the requirement for a Tree Preservation Plan, Mr. B. Bateman
advised that the condition is not intended to be onerous. He noted that the applicant would be
required to submit a plan that includes the identification of the proposed building envelope / work
zone, landscaped area and vegetation to be removed and / or preserved. The applicants would
not be required to hire an arborist to complete the Plan. In addition, Mr. Currie added that he has
already completed a Plan that has been deemed acceptable by the Planning Department to fulfill
the requirements for the Tree Preservation Plan outlined in Condition 2.
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of Dan Currie and Trish Unger requesting permission to construct a rear
yard addition on an existing single detached dwelling with an easterly side yard setback of
0.91m (2.986') rather than the required 1.2m (3.94'), on Lot 12, Plan 349, 233 Glasgow Street,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owners shall obtain a building permit from the City's Building Division for the
proposed addition.
2. That the owners shall prepare a Tree Preservation Plan to be approved by the City's
Director of Planning to, among other matters, identify the proposed building
envelope /work zone, landscaped area and vegetation to be removed and /or preserved.
The owner further agrees to implement the approved plan.
a. If (a) tree(s) is /are found to be in common ownership, a letter of permission shall
be required from the adjacent property owner to remove the tree(s). If the tree(s)
is /are to be retained, the owner shall prepare an arborist report detailing how
impacts will be mitigated and confirmation that the tree(s) will survive.
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
COMMITTEE OF ADJUSTMENT -82- MAY 20, 2014
2. Submission No.: A 2014 -023
Applicant: 1903303 Ontario Ltd.
Property Location: 311 Frederick Street
Legal Description: Part Lot 1, Plan 197
Appearances:
In Support: M. Kruse
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission for a multi- tenant
commercial building to have 7 off - street parking spaces rather than the required 9 off - street
parking spaces; and, for a personal service use to be located in a commercial building with less
than 4,700 sq.m. (50,590.379 sq.ft) designed for office, whereas the By -law requires a personal
service use to be located in a mixed commercial - residential building containing a minimum of
4,700 sq.m. (50,590.379 sq.ft) of gross floor area designed for office.
The Committee considered the report of the Planning Division, dated May 12, 2014, advising that
yhe property is zoned Commercial Residential One (CR -1) with special provisions 114R and
128U in By -law 85 -1 and has an Official Plan designation of Low Density Commercial Residential
in the Central Frederick Secondary Plan.
The applicant is requesting permission for a multi- tenant commercial building to have 7 off - street
parking spaces rather than the required 9 off - street parking spaces; and, for a personal service
use to be located in a commercial building with less than 4,700 sq.m. (50,590.38 sq.ft) designed
for office, whereas the By -law requires a personal service use to be located in a mixed
commercial - residential building containing a minimum of 4,700 sq.m. (50,590.38 sq.ft) of gross
floor area designed for office.
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 variances meet the intent of the Official Plan for the following reasons. The intent is to ensure
that a personal service use is internal to a building that has a minimum floor area devoted to
office use. Therefore, it must not be the main use nor can it occupy a major portion of a building
located along this portion of Frederick Street. The proposed floor area of the personal service use
in Units 5 & 6 is 23.5 sq.m. (253 sq.ft). This is approximately 10% of the total floor area used and
can be considered to meet the intent of the Official Plan. The parking reduction of only two
spaces can be considered to meet the intent of the Official Plan as sufficient parking will remain
on the property for all the tenants.
The variances meet the intent of the Zoning By -law for the following reasons. In regards to the
parking reduction, the intent of the regulation is to ensure that there is sufficient parking for all
tenants and their clients that use the subject building. Traffic staff has conducted a parking study
and have no concerns with the reduction from 9 to 7 spaces. Traffic staff has also commented
that there is an extra space ( #8) which does not meet regulations and is not shown on the Site
Plan. It is requested that the space be removed and that the markings for spaces #1 to #7 be
repainted. Planning staff are in agreement with these comments.
In regards to the variance to permit a personal service use in a smaller building, staff is of the
opinion that the intent of the Zoning By -law is being met. The intent is to ensure that a personal
service use is not a major occupant of a building. The use is intended to serve the occupants of
the building and the surrounding commercial or residential properties in the neighbourhood, as
well it may draw clients from areas outside the general neighbourhood. This intent can be
maintained in the subject building.
The variances are minor and can be considered appropriate development and use of the land
and surrounding area for the following reasons. In regards to parking, as noted above, Traffic staff
has conducted a parking study and have no concerns with the reduction negatively impacting the
neighbourhood. As the 7 parking spaces are considered sufficient for the property, the application
can be considered minor and appropriate for the development of the property.
COMMITTEE OF ADJUSTMENT -83- MAY 20, 2014
2. Submission No.: A 2014 -023 (Cont'd)
In regards to the personal service use in a smaller multi- tenant commercial building, the
maximum personal service use permitted in the building is 20% of the total gross floor area. This
results in approximately 39 sq.m. total being permitted for personal service use, which may be
considered minor and appropriate for the development and use of the property.
Lastly, when staff visited the site, it was noted that there is a ground supported sign and an A-
frame sign located in the front yard, both of which do not meet the regulations of the Sign By -law.
The owner is advised that he should contact the Planning Division to obtain information on the
regulations of the Sign By -law and Sign permits. It is requested that the non - complying signs be
removed.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
May 5, 2014, advising that they have no concerns with this application.
Moved by Ms. J. Meader
Seconded by Mr. B. McColl
That the application of 1903303 Ontario Ltd. requesting permission for a multi- tenant
commercial building to have 7 off - street parking spaces rather than the required 9 off - street
parking spaces; and, for a personal service use to be located in a commercial building with
less than 4,700 sq.m. (50,590.379 sq.ft) designed for office, whereas the By -law requires a
personal service use to be located in a mixed commercial - residential building containing a
minimum of 4,700 sq.m. (50,590.379 sq.ft) of gross floor area designed for office, on Part Lot
1, Registered Plan 197, 311 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to
the following conditions:
1. Occupancy Certificates from the Planning Division are required for all tenants in the
building.
2. That the owner shall remove any demarcation and any signage associated with parking
space #8, to the satisfaction of the Director of Transportation Services.
3. That the owner shall re -mark parking spaces #1 to #7, as noted in the Site Plan dated
`Revised 80/06/09', attached to Minor Variance application A 2014 -023.
4. That the owner shall ensure that all signs on the property shall meet regulations of the
Sign By -law and a Sign Permit shall be obtained if required, or the signs shall be
removed.
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
Submission No.:
A 2014 -024
Applicant:
460 Belmont Avenue Inc.
Property Location:
460 Belmont Avenue West
Legal Description:
Part Lots 17, 18 and 19, Plan 402
Appearances:
In Support:
S. Higgins
P. Britton
Contra:
G. Lavallee
Written Submissions:
None
COMMITTEE OF ADJUSTMENT -84- MAY 20, 2014
i��1•7 �T1� [Ti1��7i�_��iZCdiyZ�(K.7iTii*
The Committee was advised that the applicant is requesting permission to construct three multi -
residential apartment buildings having a minimum width of 0% of primary ground floor fapade
along Gage Avenue rather than the required 50 %; a side yard setback abutting Gage Avenue to
be greater than the required maximum setback of 7.5m (24.611); Building A will have a height of
45.8m (150.26') rather than the permitted maximum height of 24m (78.74'); and, proposed
Building B will have a height of 39.7m (130.25') rather than the permitted maximum height of 24m
(78.74').
The Committee considered the report of the Planning Division, dated May 9, 2014, advising that
the subject property is zoned Medium Intensity Mixed Use Corridor (MU -2) with Special
Regulation 576R in the Zoning By -law and designated Mixed Use Corridor in the City's Official
Plan. The subject property is located at the edge of the Mixed Use Corridor along Belmont
Avenue West and has frontage on Belmont Avenue West, Gage Avenue and the Iron Horse Trail.
The property is largely occupied by an existing industrial building. The applicant is proposing to
demolish the industrial building and redevelop the property with a multiple residential
development that will comprise of three multiple dwelling buildings (labeled Building A, Building B
and Building C on the site plan submitted with this application) for a total of 412 residential
dwelling units. All parking required for the development will be accommodated on site. Staff
required the applicant to submit an Urban Design Brief to highlight the key design considerations
of the redevelopment.
In order to further facilitate the proposed redevelopment, the applicant is requesting relief from:
1) Section 54.2.1 of the Zoning By -law to allow Building A (as shown on the site plan) to have
an increased building height of 45.8 metres rather than the maximum required building
height of 24.0 metres; AND to allow Building B (as shown on the site plan) to have an
increased building height of 39.7 metres rather than the maximum required building height
of 24.0 metres;
2) Section 54.2.1 of the Zoning By -law to allow 0% of building fapade along Gage Avenue
rather than the required 50% of building fapade along Gage Avenue; and,
3) Section 54.2.1 of the Zoning By -law to allow a side yard setback abutting a street (Gage
Avenue) to be greater than the required maximum setback of 7.5 metres.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments:
Lands located within the Mixed Use Corridor designation in the Official Plan are intended to
intensify over time with a balanced distribution of commercial, multiple residential and institutional
uses. New developments are envisioned to be compatible with surrounding residential
neighbourhoods by proposing appropriate height and density in relation to adjacent low rise
residential developments. As such, new developments may be required to orient building mass to
the street, away from low rise residential developments and provide pedestrian connections to
abutting developments.
The applicant is proposing a multiple residential development comprised of three residential
buildings (Building A, Building B and Building C) with varying building heights. The applicant is
requesting increased building heights for Building A and Building B which are located central to
the site and adjacent to Belmont Avenue West respectively. Building C, located closest to the
existing low rise residential neighbourhood (at the terminus of Patricia Avenue), is proposed to
comply with the building height regulation in the MU -2 Zone in the Zoning By -law. The Urban
Design Brief addressed design considerations to ensure compatibility with the surrounding low
rise residential neighbourhood such as orienting the majority of the building mass towards the
centre of the site, along the street frontage and towards the Iron Horse Trail. A Shadow Study
was also completed as part of the Urban Design Brief which showed minimal impacts to the
surrounding developments as a result of increased building heights for Building A and Building B.
It is staffs opinion that the greatest building height and massing will be located along the primary
corridor street (Belmont Avenue West) and internal to the site. The applicant is also proposing to
utilize design techniques such as stepbacks on the uppers floors of the proposed buildings so
that the transition in building heights on site and into surrounding developments contribute to a
COMMITTEE OF ADJUSTMENT -85- MAY 20, 2014
i��1•7 �T1� [Ti1��7i�_��iZCdiyZ�(K.7iTii*
compatible built form. It is staff's opinion that the proposed location, orientation and design of
buildings on site will ensure compatibility with the adjacent low -rise residential neighbourhood and
as such meets the general intent of the Official Plan.
Due to the irregular shape of the property, the applicant is not able to locate a building adjacent to
the Gage Avenue frontage. As such, the applicant is requesting minor variance requests for a
reduced primary ground floor building fapade and building setback from Gage Avenue. It is staffs
opinion that the requests meet the intent of the Official Plan as the Gage Avenue access will be
utilized to provide a pedestrian connection to abutting developments and the proposed
development will be designed to have compatible built form along the primary corridor street
(Belmont Avenue West).
The intent of the maximum building height regulation in the Zoning By -law is to ensure the new
development is compatible with surrounding low -rise residential neighbourhoods. The applicant is
requesting an increase in building height for Building A and Building B which are proposed be
located internal to the site and along the Belmont Avenue West frontage respectively. Building A
is proposed to be oriented towards the Iron Horse Trail and Building B is proposed to be oriented
towards Belmont Avenue West. Building C, which is not seeking an increase in building height,
will be located closest to the existing low -rise residential neighbourhood and oriented towards the
Iron Horse Trail.
The applicant submitted an Urban Design Brief that visually illustrated (by 3D renderings) the
gradual transition of building heights from Patricia Avenue to Belmont Avenue West to the centre
of the site in the location of Building A (the highest building proposed). Upon review it is staff's
opinion that since the greatest building height and massing will be located along the primary
corridor street (Belmont Avenue West) and internal to the site, the proposed increased building
heights for Building A and Building B will minimal impacts on views from the rear yards of the
existing low rise residential neighbourhood. The current view of the residents in the Adelaide
Street and Patricia Street area onto the subject property is a three - storey metal clad industrial
building that runs along the entire subject property line. Staff has worked with the applicant on a
site design that `opens up' this view shed by moving the proposed development farther away from
this low -rise residential area and orienting the building towards the Iron Horse Trail. In addition,
staff does not have concerns with the increase in height and density for the proposed
development where the maximum Floor Space Ratio (FSR) allowed for the site is 4 and the
applicant is proposing an FSR of 2.4. As such, it is staffs opinion that the requested variance for
increased building heights is appropriate and meets the intent of the Zoning By -law.
The intent of the primary ground floor building fapade and building setback from Gage Avenue is
to have new buildings located close to the street to create a consistent built form pattern and
reinforce the street edge. It is staffs opinion that the proposed development will be designed to
have compatible built form and building mass along the primary corridor street (Belmont Avenue
West) to meet the intent of the Zoning By -law.
The proposed variances can be considered minor and appropriate for the development and use
of the land for the above -noted reasons. It is staff's opinion that the proposed minor variances will
have minimal impact on the surrounding low rise residential neighbourhood due to the proposed
location, orientation and design of buildings on site as shown on the site plan and justification
provided in the Urban Design Brief.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
May 5, 2014, advising that they have no concerns with this application.
Mr. P. Britton and Mr. S. Higgins addressed the Committee in support of staffs recommendation.
Mr. Britton provided an overview of the proposed development and the variances being
requested through the subject application.
Mr. G. Lavallee advised the Committee that he does not object to the overall development of the
subject property. He indicated that he owns the adjacent properties and stated that he is in
attendance to ensure that the proposed development would not negatively impact his property.
He questioned whether staff had taken into consideration the potential impacts of snow and wind
due to the construction of the multi - residential buildings.
COMMITTEE OF ADJUSTMENT -86- MAY 20, 2014
3. Submission No.: A 2014 -024 (Cont'd)
Ms. von Westerholt advised the proposed development did not warrant the applicant completing
any additional studies beyond what was provided within the Design Brief submitted with the
application. In response to the concerns provided by the neighbouring property owner, Ms. von
Westerholt advised that those concerns have been addressed through the Site Plan approval
process.
In response to questions, Ms. von Westerholt noted that the applicant was not required to
complete a wind study due to the grading difference between the subject property and the
neighbouring properties.
The Chair noted the landscaping plan contained in the Design Brief provided by the applicant and
stated that the landscaping proposed could be increased, which would likely help to address the
concerns regarding wind on the adjacent properties. At the request of the Committee, Ms. von
Westerholt advised that staff would endeavour to work with the applicant and the neighbouring
property owner to install suitable landscaping which would assist to screen the wind and snow
from the neighbouring properties.
Mr. Lavallee clarified that while he was not opposed to the application, he noted he wanted to be
present to ensure the proposed development would not negatively impact his properties.
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of 460 Belmont Ave Inc. requesting permission to construct three multi -
residential apartment buildings having a minimum width of 0% of primary ground floor fapade
along Gage Avenue rather than the required 50 %; a side yard setback abutting Gage Avenue
to be greater than the required maximum setback of 7.5m (24.611); Building A will have a
height of 45.8m (150.26') rather than the permitted maximum height of 24m (78.74'); and,
proposed Building B will have a height of 39.7m (130.25') rather than the permitted maximum
height of 24m (78.74'), on Part Lots 17, 18 and 19, Plan 402, 460 Belmont Avenue West,
Kitchener, Ontario, BE APPROVED, subject to the following condition:
1. That approval of Minor Variance application A 2014 -024 shall only apply to the site plan
outlining the location of all buildings associated with Site Plan Application
SP14 /013 /B /ATP.
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.
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
CONSENT
1. Submission No.: B 2014 -020
Applicant: Wagon Enterprises
Property Locations: 1490 Battler Road
Legal Description: Part Lot 16, Plan 1471
COMMITTEE OF ADJUSTMENT -87- MAY 20, 2014
1. Submission No.: B 2014 -020 (Cont'd)
Appearances:
In Support: E. Reimer
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to grant an easement
having a triangular shape with a width on Battler Road of 10.393m (24.1'), having a southerly
depth of 16.289m (53.44'), a westerly depth of 11.12m (36.482') and an area of 57.17 sq.m.
(615.373 sq.ft) in favour of 1655 Strasburg Road for vehicle access.
The Committee considered the report of the Planning Division, dated May 7, 2014, advising that
the subject property located at 1490 Battler Road is designated Business Park in the City's
Official Plan and is zoned Business Park Zone (B -1) in the City's Zoning By -law.
The owner of the adjacent property at 1655 Strasburg Road is proposing to access their property
from Battler Road; howeve,r in order to do so, they require an access easement over 1490 Battler
Road. In order to accomplish this, the applicant is seeking to grant a triangular easement over the
subject property that measures 10.393 metres by 11.12 metres by 16.289 metres (an area of
57.17 square metres) in favour of 1655 Strasburg Road.
The owner of 1655 Strasburg Road is proposing a 5,044 sq.m. multi- tenant industrial building that
will include manufacturing, warehousing and accessary to an industrial use office space. In order
to allow the subject lands to be accessed from Battler Road, the proposed easement over 1490
Battler Road is required. This easement will facilitate access to and from the subject lands for
deliveries and shipments.
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 access easement is required as
part of the proposed development plans of the adjacent property (1655 Strasburg Road). The
proposed easement is appropriate and suitable for the existing use and any proposed use of the
subject and adjacent lands. The easement over the subject lands will ensure that the proposed
development at 1655 Strasburg Road will have access and connection to their property from
Battler Road.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated May 6,
2014, advising that they have no objections to this application.
The Committee considered the report of the Grand River Conservation Authority (GRCA), dated
May 9, 2014, advising that although they have no concerns with this application, they noted that a
portion of the subject property is within the allowance adjacent to wetlands located on
neighbouring lands. Consequently, a portion of the subject property is regulated by the GRCA
under Ontario Regulation 150/06. Any future development on the property within the regulated
area will require prior written approval from the GRCA in the form of a permit pursuant to Ontario
Regulation 150/06.
In response to questions, Mr. B. Bateman advised that although the easement is solely located
on 1490 Battler Road, staff would not be willing to remove Condition 3 requiring the applicant to
complete a joint maintenance agreement. He stated that it is a standard condition when granting
easements and he would rather see it included in the Committee's decision and defer the
requirement of the agreement and clearance of the condition to the City's Legal Division.
Moved by Ms. J. Meader
Seconded by Mr. B. McColl
That the application of Wagon Enterprises requesting permission to grant an easement having
a triangular shape with a width on Battler Road of 10.393m (24.1'), having a southerly depth of
16.289m (53.44'), a westerly depth of 11.12m (36.482') and an area of 57.17 sq.m. (615.373
sq.ft) in favour of 1655 Strasburg Road for vehicle access, on Part Lot 16, Plan 1471, 1490
Battler Road, Kitchener, Ontario, BE GRANTED, subject to the following conditions:
COMMITTEE OF ADJUSTMENT -88- MAY 20, 2014
1. Submission No.: B 2014 -020 (Cont'd)
1. That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and /or local improvement
charges.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as
two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner of the proposed dominant lands and servient lands, enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the access
easement is maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement.
4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement
and immediately thereafter, the approved joint access agreement, be provided to the
City Solicitor.
5. That the City Solicitor be provided with copies of the registered Transfer Easement and
joint maintenance agreement immediately following registration.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By -law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being May 20, 2016.
Submission Nos.:
Applicant:
Property Locations:
Legal Description:
Appearances:
In Support:
Contra:
Written Submissions:
B 2014 -021 & B 2014 -022
M N Bales Investments Limited
188 & 196 Queen Street South
Part Lots 1 and 2, Plan 393
None
None
None
Carried
The Committee was advised that the applicant is requesting permission to sever a parcel of land
municipally addressed as 188 Queen Street South from 196 Queen Street South, having a width
on Queen Street South of 15.240m (50'), a northerly depth of 28.532 (93.61) and an area of
431.1 sq.m. (4,640.322 sq.ft); and, for a partial discharge of mortgage on the lands to be severed.
Permission is also being requested for a partial discharge of mortgage on the retained land,
municipally addressed as 196 Queen Street South. The retained land has a width on Queen
Street South of 8.961m (29.399'), a northerly depth of 37.669m (123.59') and an area of 333.9
COMMITTEE OF ADJUSTMENT -89- MAY 20, 2014
2. Submission Nos.: B 2014 -021 & B 2014 -022 (Cont'd)
sq.m. (3,594.07 sq.ft). The uses of the severed and retained lands are not proposed to change.
The Committee considered the report of the Planning Division, dated May 9, 2014, advising that
the owner is requesting consent to sever 188 Queen Street South from 196 Queen Street South;
and, for a partial discharge of mortgage on the lands to be severed. Permission is also being
requested for a partial discharge in mortgage on the lands to be retained (196 Queen Street
South). The applicant has advised that the two properties had inadvertently merged in title. As
such the owner is requesting that the lands be severed along the previously existing lot lines.
Through the detailed review of the consent applications, staff have identified that a number of
variances are required for the lands addressed as 196 Queen Street South. The zoning
deficiencies are created as the severance is technically creating a `new' lot which must comply
with Zoning y -law regulations. The applicant has been notified of the minor variances required
and intends to submit applications so that both the consent and minor variance applications can
proceed together for Committee consideration in June 2014.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated May 6,
2014, advising that they have no objections to these applications.
At the request of staff, the Committee agreed to defer its consideration of these applications until
the July 15, 2014 meeting, unless the applicant is able to submit revised applications in time to
meet the deadline for the June 17, 2014 meeting, so that the Consent and Minor Variance
applications can proceed together for the Committee's consideration.
3. Submission No.: B 2014 -023
Applicant: 218647 Ontario Limited and Breithaupt Block Inc.
Property Location: 51 Breithaupt Street
Legal Description: Lots 205 to 212 and Part Lot 204, Plan 376, Part Lot 33, Streets and
Lanes
-and -
Submission No.: B 2014 -024
Applicant: 218647 Ontario Limited and Breithaupt Block Inc.
Property Location: 25 Breithaupt Street
Legal Description: Lots 206 & 207, Part Lots 204, 205 & 208, Plan 376, being Parts 2 to
5. Reaistered Plan 58R- 17207. Part Lot 33. Streets and Lanes
Appearances:
In Support: C. Beattie
Contra: None
Written Submissions: None
The Committee was advised that through application B 2014 -023, the applicant is requesting
permission for a lease in excess of 21 years to Google Canada Corporation for portions of the
subject property, having a width on Waterloo Street of 50.146m (164.52'), a depth on Breithaupt
Street of 162.457m (532.995') and an area of 8,389.6 sq.m. (90,304.903 sq.ft).
The Committee was further advised that through application B 2014 -024, the applicant is
requesting permission for a lease in excess of 21 years to Google Canada Corporation; the
subject property has a width on Breithaupt Street of 94.041m (308.533') a depth on King Street
West of 50.19m (164.665') and an area of 3,965.1 sq.m. (42,679.981 sq.ft).
The Committee considered the report of the Planning Division, dated May 12, 2014, advising that
the subject properties are municipally addressed as 25 and 51 Breithaupt Street and are currently
in the process of being fully redeveloped. On December 14, 2010, the Committee of Adjustment
approved consent application B 2010 -049 to sever the parcel now addressed as 25 Breithaupt
Street from the larger parcel which is addressed as 51 Breithaupt Street. Coupled with that
application, minor variance application A 2010 -070 legalized the setbacks for all existing buildings
COMMITTEE OF ADJUSTMENT _90- MAY 20, 2014
3. Submission Nos.: B 2014 -023 & B 2014 -024 (Cont'd)
and minor variance application A 2010 -070 was approved to permit 305 off - street parking spaces
for the redevelopment of the existing buildings. To facilitate the development of a three storey
addition on top of the exiting two storey building located at 25 Breithaupt Street, Minor Variance
application A 2014 -011 was approved on March 18, 2014 to legalize the existing yard setbacks
and permit a reduction in off - street parking.
The owner has requested consent to enter into a lease agreement in excess of 21 years with
Google Canada Corporation for the property municipally addressed as 25 Breithaupt Street as
well as a portion of the newly redeveloped building floor area at 51 Breithaupt Street. All floors of
all buildings on 25 Breithaupt Street are proposed to be subject to the lease. Only a portion of the
total floor area within the building located as 51 Breithaupt Street are proposed to be included in
the lease agreement, as follows:
- Approximately 371 square metres (4000 square feet) on the basement floor,
- Approximately 1830 square metres (19,708 square feet on the ground floor,
- Approximately 1200 square metres (12,924 square feet) on the second floor,
- Approximately 2067 square metres (22,252 square feet) on the third floor, and
- Approximately 3382 square metres (36,405 square feet) of the fourth floor.
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 and
support the proposed lease. 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 May 6,
2014, advising that they have no objections to these applications.
Mr. C. Beattie addressed the Committee in support of the proposed applications and staffs
recommendation.
At the request of Ms. D. Saunderson, the Committee agreed to include a condition requiring the
applicant to provide a legal description for the proposed leases of 25 and 51 Breithaupt Street to
the satisfaction of the City Solicitor.
Submission No. B 2014 -023
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of 2184647 Ontario Limited & Breithaupt Block Inc. requesting permission
for a lease in excess of 21 years to Google Canada Corporation for portions of the subject
property, having a width on Waterloo Street of 50.146m (164.52'), a depth on Breithaupt Street
of 162.457m (532.995') and an area of 8,389.6 sq.m. (90,304.903 sq.ft), on Lots 205 to 212,
Part Lot 204, Plan 376, Part Lot 33, Streets and Lanes, 51 Breithaupt Street, Kitchener,
Ontario, BE GRANTED, subject to the following conditions:
1. That the owner shall provide a legal description on behalf of 51 Breithaupt Street for the
lease in excess of 21 years to the satisfaction of the City Solicitor.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By -law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
COMMITTEE OF ADJUSTMENT _911- MAY 20, 2014
Submission Nos.: B 2014 -023 & B 2014 -024 (Cont'd)
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being May 20, 2016.
Carried
Submission No. B 2014 -024
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the application of 2184647 Ontario Limited & Breithaupt Block Inc. requesting permission
for a lease in excess of 21 years to Google Canada Corporation, the subject property has a
width on Breithaupt Street of 94.041m (308.533') a depth on King Street West of 50.19m
(164.665') and an area of 3,965.1 sq.m. (42,679.981 sq.ft), on Lots 206 & 207, Part Lots 204,
205 & 208, Plan 376, being Parts 2 to 5, Registered Plan 58R- 17207, Part Lot 33, Streets and
Lanes, 25 Breithaupt Street, Kitchener, Ontario, BE GRANTED, subject to the following
conditions:
That the owner shall provide a legal description on behalf of 25 Breithaupt Street for the
lease in excess of 21 years to the satisfaction of the City Solicitor.
It is the opinion of this Committee that:
A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By -law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being May 20, 2016.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 10:45 a.m.
Dated at the City of Kitchener this 20th day of May, 2014.
Dianna Saunderson
Secretary- Treasurer
Committee of Adjustment