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HomeMy WebLinkAbout2014-10-21 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 21, 2014 MEMBERS PRESENT: Messrs. D. Cybalski and A. Lise and Ms. J. Meader. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Pimentel, Traffic Technologist; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 9:50 a.m. MINUTES Moved by Ms. J. Meader Seconded by Mr. A. Lise That the minutes of the regular meeting of the Committee of Adjustment held September 16, 2014, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: 1. A 2014-054 Applicant: Daniel and Milyausha Fehr Property Location: 220 Heritage Drive Legal Description: Lot 46, Plan 1413 Appearances: In Support: D. Fehr Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to legalize a northerly side yard setback of 0.36m (1.181’) rather than the required 1.2m (3.94’) for an attached accessory building under construction. The Committee considered the report of the Planning Division, dated October 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 owner is requesting relief from Section 38.2.1 to permit a minimum side yard setback of 0.36 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 offer 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 proposed addition. The minor change will maintain the low density character of the property and surrounding neighbourhood. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 182 - Submission No.: 1.A 2014-054 (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 owner to provide maintenance to the subject dwelling and to permit access to and from the rear yard. The proposed side yard setback of 0.36 metres will still allow the owner to perform maintenance work if required as the applicant has indicated that maintenance free materials will be used for the shed and allow adequate access space to the rear yard. The variance is considered minor. It is staff’s 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 a modest addition to the existing single detached dwelling. The scale, massing and height of the addition are 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 August 28, 2014, advising that they have no concerns with this application. Mr. D. Fehr was in attendance in support of the subject application and advised that he is in agreement with the staff recommendation. The Chair questioned whether a condition should be included in the Committee’s decision which would require the applicant to undertake water shedding measures to ensure drainage is being maintained on the subject property. Ms. J. von Westerholt advised that Condition 2 of the staff recommendation requires the applicant to remove 6 inches of the existing roofline which would ensure all drainage is being maintained on the subject property. She noted if the Committee wanted a further assurance, Condition 1 could be amended to include that on-site drainage be properly addressed to the satisfaction of the City of Kitchener Engineering Services and Building Divisions. The Chair stated he was in agreement with the suggested amendment for Condition 1 and requested that the Condition include the requirement for the applicant through the building permit process to undertake further measures to ensure that drainage is being maintained on the subject property. Moved by Mr. A. Lise Seconded by Ms.J. Meader That the application of Daniel & Milyausha Fehr requesting permission to legalize a northerly side yard setback of 0.36m (1.181’) rather than the required 1.2m (3.94’) for an attached accessory BE building under construction, on Lot 46, Plan 1413, 220 Heritage Drive, Kitchener, Ontario, APPROVED , subject to the following conditions: 1. That the owner shall obtain a building permit from the City’s Building Division for the proposed addition, and as part of the building permit process that on site drainage be properly addressed to the satisfaction of The City of Kitchener Engineering Services and Building Division. 2. That the owner shall remove six (6) inches of the existing roofline overhang so that the roofline does not extend into the neighbouring property. 3. That the owner shall obtain a letter of support from the adjacent property owner located at 216 Heritage Drive. 4. That the owner shall complete Condition Nos. 1, 2 and 3 by October 15, 2015. Failure to do so will result in the variance becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 183 - Submission No.: 1.A 2014-054 (Cont’d) 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried This meeting recessed at 9:52 a.m. and reconvened at 10:03 a.m. with the following members present: Messrs. D. Cybalski and A. Lise and Ms. J. Meader. NEW BUSINESS MINOR VARIANCE Submission No.: 1. A 2014-062 Applicants: P. E. Investments Inc. Property Location: 86 Cedar Street South Legal Description: Part Lot 13, Plan 390, Part Lot 49, Plan 393 and Part Lot 25, Plan 382 Appearances: In Support: S. Patterson L. Wolynetz Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to convert existing space on the ground floor of the multi-residential building into two new residential bachelor units having no exclusive use patio areas adjacent to the dwelling unit whereas the By-law requires the provision of exclusive use of patio areas for all ground floor units; and to provide 77 off-street parking spaces rather than the required 79 off-street parking spaces. The Committee considered the report of the Planning Division, dated October 10, 2014, advising that the subject lands are located at 86 Cedar Street South. The property contains a 14-storey apartment building which was constructed in 1971. The site was originally developed with 75 apartments and the zoning at the time required 1 parking space per unit. There are currently 77 parking spaces on site. The provision of 77 parking spaces for 75 units is legal non-conforming. In 1999, the owner proposed to add two additional apartment units to the ground floor, which required the same variances as are currently being sought (to permit the units without patios and without additional parking). The Committee granted the requested variances to permit 2 new units without patios and with no additional parking spaces. Through this application, the owner is proposing to convert existing interior space in order to add two new ground floor dwelling units, thereby increasing the number of units from 77 to 79, and is requesting the following minor variances: 1. Relief from section 43.2.3 to permit 2 new ground floor dwelling units without exclusive use patio areas. 2. Relief from section 6.1.2a to permit 77 parking spaces for 79 dwelling units whereas 80 parking spaces are 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 offer the following comments. The subject lands are designated High Density Multiple Residential in the Cedar Hill Neighbourhood Secondary Plan. The intent of this designation is to permit high rise and high density residential development. The existing building with the addition of 2 units will conform to the designation. Official Plan policy also allows the City to consider reducing parking COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 184 - Submission No.: 1. A 2014-062 (Cont’d) requirements for properties where it can be demonstrated that such reductions will not negatively affect the community. As is discussed in the following sections, staff is of the opinion that, for a variety of reasons, the proposed variances support the ongoing use of the building as a high rise multiple building, and will not negatively affect existing residents or the community; and as such, staff is of the opinion that the intent of the By-law is maintained. The subject lands are zoned Residential Nine Zone (R-9). The intent of the R-9 Zone is to provide for high rise residential development. Regulations within the zone require that any ground floor unit be provided with an exclusive use patio area. The intent of this regulation is to provide residents with private outdoor space where possible, however the proposed units are a retrofit in an existing site and the provision of such space is not practical based on the current building and site configuration. Furthermore, there is no similar requirement for units on upper floors to be provided with outdoor amenity space. The building is located within 200 metres of Sandhills Park and 250 metres of Kaufman Park which can help provide public outdoor amenity space for residents. In addition, there is a large common green on the site. Staff is of the opinion that these features will adequately provide for outdoor amenity space for residents. Based on the foregoing, staff is of the opinion that the intent of the By-law is maintained, and that the proposed variance is minor and appropriate for the development and use of the lands. The intent of the parking regulations is to provide sufficient parking for tenants and visitors to the site. The two units that are being added are considered ‘bachelor size’, being less than 51 sq.m.; however, subject to recent Zoning By-law changes, the previous bachelor parking rate only applies to buildings where there are more than 100 units. Therefore, the standard rate of 1.25 parking spaces per unit applies, requiring 3 parking spaces for the two additional units. In support of the application, the owner has submitted a Parking Justification Letter. In this Letter, the owner indicates that not all the spaces on site are currently used by tenants. Planning staff can substantiate this claim. Until 2012, in support of a previous application for condominium conversion, the owner was required to provide rent rolls for the subject development. Over the last three years that information was collected (2010 – 2012) parking was assigned as follows: Year Spaces Units with No No Record of Assigned ParkingParking 2010 51 (46 units) 24 7 2011 47 (45 units) 25 7 2012 49 (47 units) 25 5 These numbers show that only about 2/3 of the parking spaces are assigned to tenants, and that less than 2/3 of the units have parking assigned to the unit. The subject property is located two blocks from the Downtown boundary and within 200 metres of a future rapid transit station area (Cedar Street). If this building were located in the Downtown, no additional parking spaces would be required for the proposed units. The reason less parking is required in the Downtown, is that a greater number of residents may cycle, walk or take transit. The site has good access to walking and cycling, is within a 5 minute walk of 5 existing transit routes including the I-Xpress, and will be within a 2 minute walk of the future Cedar/Charles RT Station. As such, Planning and Transportation Services staff is of the opinion that a reduced parking ratio is appropriate given this site’s central location, and that it has access to many of the same travel options that are available in the Downtown. The owner has also indicated in the Parking Justification Letter that additional Transportation Demand Management (TDM) measures will be available to tenants, including the provision of bicycle parking for residents and tenants. It is also noted that a Community CarShare vehicle is publically available at 101 Church Street which is located in the same block as the subject site. During the site visit, staff observed that 7 surface parking spaces are assigned to visitors, which does not meet current zoning By-law requirements. The existing visitor parking situation is legal non-conforming as no visitor parking was required under By-law 4830 which applied when the building was constructed, and was not required to be increased in 1999 as no additional parking spaces were required when units 76 and 77 were added. Similarly today, if no additional parking is required for units 78 and 79, the existing visitor parking spaces continue to be considered legal non-conforming, and no additional visitor spaces are required by the Zoning By-law. However, in COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 185 - Submission No.: 1. A 2014-062 (Cont’d) Transportation Planning staff’s experience, regardless of proximity to transit, the Downtown, and TDM measures, visitor parking demand is consistent with Zoning By-law requirements. Inadequate provision of visitor parking may impact the community, as visitors may place an undue demand for on-street spaces and may attempt to park in inappropriate locations such as nearby private parking lots. For a site with 77 required spaces, the By-law would require that 20% of the parking or 15 spaces be reserved for visitors. Staff suggest that the number of visitor spaces should be increased through the more detailed review of the Site Plan recommended as a condition of the variance. Based on the foregoing, and subject to an increase in the number of visitor parking spaces, staff is of the opinion that there will continue to be sufficient parking on the subject site to meet the needs of tenants and visitors to the site and that the intent of the By-law is maintained. Given the current and demonstrated parking demand on the site over the past several years, the proximity to the Downtown, various travel and transit options, a commitment to introduce additional bicycle parking, and the proximity of CarShare, staff are of the opinion that the proposed reduction is both minor and appropriate for the development and use of the lands. Recommendations suggest that an updated Site Plan be prepared for approval and implementation prior to issuance of building permits for the new units. This Site Plan should formally document the existing layout of both underground parking lot and the surface parking and site layout, as well in indicating spaces for tenant and visitor parking. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 2, 2014, advising that they have no concerns with this application. Moved by Ms. J. Meader Seconded by Mr. A. Lise That the application of P. & E. Investment Inc. requesting permission to convert existing space on the ground floor of the multi-residential building into two new residential bachelor units without exclusive use patio areas adjacent to the dwelling unit whereas the By-law requires the provision of exclusive use of patio areas for all ground floor units; and to provide 77 off-street parking spaces rather than the required 79 off-street parking spaces, on Part Lot 13, Plan 390, Part Lot 49, Plan 393 and Part Lot 25, Plan 382, 86 Cedar Street South, Kitchener, Ontario, BE APPROVED , subject to the following conditions: 1. That the owner shall obtain building permits from the City’s Building Division for the additional dwelling units. The additional units shall not have a gross floor area greater than 51 sq.m. 2. That a Deemed not Development Site Plan Approval, shall be approved by the Manager of Site Development and Customer Service, prior to the issuance of a building permit for the construction of the additional dwelling units. The updated Site Plan shall include additional visitor parking spaces. 3. That Condition Nos. 1 and 2 shall be completed prior to October 31, 2016. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. 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 OCTOBER 21 2014 - 186 - Submission No.: 2. A 2014-063 Applicant: The Robin Group Inc. Property Location: 300 Arnold Street Legal Description: Part Lot F, Plan 40, Subdivision of Lot 59, Part Lot 10, German Company Tract, being Part 1 on Reference Plan 58R-3979 Appearances: In Support: K. Chabot C. Shea Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to allow outdoor storage within a side yard setback abutting a street whereas the By-law does not permit storage in a side yard when abutting a street. The Committee considered the report of the Planning Division, dated October 7, 2014, advising that the subject property is zoned General Industrial Zone (M-2) in the Zoning By-law and designated General Industrial in the City’s Official Plan. The site contains an existing wholesaling/warehouse building. The owner is requesting relief from Section 20.3.1(i) to permit an outdoor storage area to be located six (6) metres from an exterior side yard, whereas an outdoor storage area is not permitted within an exterior side yard. 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 regarding the requested minor variance: The requested variance for the proposed outdoor storage area location meets the intent of the Official Plan. Industrial businesses are characterized by those industrial operations with a commercial component which requires large areas for the storage of goods. The proposed variance will permit an outside storage area to be located within an exterior side yard, but still be set back six metres from the property line to allow for landscaping to take place between the industrial use and adjacent street. The minor change will maintain the general industrial characteristic of the property and surrounding district. The proposed variance meets the intent of the Zoning By-law. The purpose of excluding the location of an outdoor storage area from an exterior side yard is to prevent the unsightly storage of industrial goods from public view. Due to the size and dimension of the subject lands, the suitable location for outdoor storage coincides with the property’s rear yard. This creates a challenging narrow space to form a functional area for outdoor storage use. By allowing the proposed outdoor storage area to encroach into the exterior side yard, the space becomes more functional and useable for the owner’s industrial business. With the use of a visual barrier and landscaping, the overall appearance of the proposed outdoor storage use will remain hidden from view along Sereda Road. The variance is considered minor. Staff is of the opinion that the requested variance will provide adequate space for the creation of vegetative buffering and landscaping along Sereda Road. The proposed outdoor storage area will become more functional while not becoming intrusive to other surrounding industrial uses. The proposed variance is appropriate for the development and use of the land as the proposed industrial use is a permitted use in the Zoning By-law. The proposed variance will allow the proposed outdoor storage area a modest encroachment into the exterior side yard while still providing adequate space for landscaping and buffering purposes. The proposed outdoor storage area will be screened by a visual barrier along Sereda Drive in a way that it will not be visible by local traffic. The proposed variance will not impact the existing character of the subject property or surrounding industrial district. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 2, 2014, advising that they have no concerns with this application. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 187 - Submission No.: 2. A 2014-063 (Cont’d) Ms. K. Chabot and Mr. C. Shea were in attendance in support of the subject application and of the staff recommendation. In response to questions, Ms. K. Chabot advised that the outdoor storage is an existing condition on site. She noted through this application the applicant is proposing to have a larger buffer between the outdoor storage and the street than what currently exists this date. The Chair questioned whether a condition should be included requiring the applicant to complete a landscaping plan as a means of helping to screen the outdoor storage from the visibility of local traffic. Ms. J. von Westerholt advised that the applicant is currently completing the Site Plan approval process and if the Committee wanted a further assurance, a condition could be included as part of the Committee’s recommendation to require the owner to explore opportunities for adequate screening, including landscaping, so that the outdoor storage will not be visible by local traffic, as part of the Site Plan approval process. The Chair requested that the staff recommendation be amended to include a condition requiring the applicant to explore opportunities for adequate screening, including landscaping, so that the outdoor storage will not be visible by local traffic as part of the Site Plan approval process. Moved by Ms. J. Meader Seconded by Mr.A. Lise That the application of The Robin Group Inc. requesting permission to permit outdoor storage located 6m (19.685’) from an exterior side yard abutting a street whereas the By-law does not permit outdoor storage within an exterior side yard, on Part Lot F, Plan 40, Subdivision of Lot 59, Part Lot 10, German Company Tract, being Part 1 on Reference Plan 58R-3979, 300 BE APPROVED Arnold Street, Kitchener, Ontario, , subject to the following condition. 1. That the owner explore opportunities for adequate screening, including landscaping, so that the outdoor storage will not be visible by local traffic as part of the Site Plan approval process. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission No.: 3. A 2014-064 Applicant: 6965083 Canada Inc. Property Location: 81 York Street Legal Description: Lot 15, Streets and Lanes, Part Lot 284, Plan 385, Part Lot 14, Plan 408, Lot 1 Subdivision of Lot 15, German Company Tract, Part Lot 116, Plan 203 Appearances: In Support: N. Riopelle Contra: W. Hunter Written Submissions: None The Committee was advised that the applicant is requesting permission to convert the existing ramp to the below-grade parking garage into an accessory building by constructing a steel COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 188 - Submission No.: 3. A 2014-064 (Cont’d) enclosure over the entrance, the accessory building will be located in the front yard of the multi- residential building located 1.4m (4.593’) from the street line whereas the By-law does not permit accessory buildings to be located closer to the street than the primary structure; the accessory building will also have a rear yard setback of 0m rather than the required 7.5m (24.606’); a side yard setback abutting a street of 1.4m (4.593’) rather than the required 4.5m (14.763’); and an encroachment into the Driveway Visibility Triangle (DVT) where the By-law does not permit encroachments in the DVT. The Committee considered the report of the Planning Division, dated October 9, 2014, advising that the subject property is located in the K-W Hospital Neighbourhood and is presently developed with an 8-storey multiple dwelling and underground parking garage. The Official Plan designation of the land is High Density Multiple Residential and the zoning is Residential 9 Zone (R-9) in the City’s Zoning By-law. Both the Official Plan and Zoning By-law permit the use of the property as a multiple dwelling. The applicant is seeking minor variances to allow an accessory building to be erected over the existing entrance ramp to the underground parking structure. A site plan application is currently being reviewed by staff for the accessory building. The applicant is requesting four minor variances to Zoning By-law 85-1 as follows: 1. To allow an obstruction to be located in a driveway visibility corner having a height greater than 0.9 metres (Section 5.3); 2. To allow an accessory building having a gross floor area in excess of 9.9 square metres to have a rear yard setback of 0.0 metres rather than the required 0.6 metres (Section 5.5.2 d); 3. To allow an accessory building to be located closer to the lot line than the front face of the principle building on the property (Section 5.5.2 e); and 4. To allow an accessory building having a side yard abutting a street setback of 1.4 metres rather than the required 4.5 metres (Section 43.2.3). 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 requested variances meet the intent of the High Density Multiple Residential designation of the K-W Hospital Secondary Plan, as high density multiple dwellings are the intended use of the lands. The existing 8-storey 103-unit multiple dwelling and associated accessory building meets the intent of the designation on the land. The requested variances meet the intent of the Zoning By-law for the following reasons. By-law 85-1 permits accessory buildings for dwellings in residential zones. As the property is Zoned R-9 and is developed with a multiple dwelling, the proposed accessory building meets the intent of the Zoning By-law. The proposed accessory building will provide adequate setback from the property line adjacent to York Street to allow vehicles to safely enter and exit the site without impeding movements on the municipal right-of-way. The requested variances are minor for the following reasons. As the proposed structure will be erected on the existing concrete ramp wall, there will be no further encroachment toward the abutting property’s parking lot and the structure will be constructed of maintenance free material. Adequate setback from the York Street lot line will be provided to allow drivers to see pedestrians on the public sidewalk when exiting the parking garage. While the proposed structure will be located in front of the principle building on the property due to the location of the existing ramp, the location at the most westerly part of the lot is well separated from the windows of any residential units in the building. Even though the location of the accessory building will create an obstruction within the Driveway Visibility Triangle (DVT), adequate setback will be maintained to allow unobstructed visibility of oncoming vehicles and pedestrians. The requested variances are appropriate for the development and use of the land for the following reasons. The applicant has advised of the significant safety concerns with the open COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 189 - Submission No.: 3. A 2014-064 (Cont’d) ramp, namely ice and snow conditions in the winter months. Enclosing the ramp with the accessory building will allow vehicles to exit the ramp at a slower speed without the fear of sliding backward on the ramp. From a safety perspective, having the accessory building over the parking garage ramp is preferable to an open structure. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 2, 2014, advising that they have no concerns with this application. Mr. W. Hunter, neighbouring property owner, was is in attendance in opposition to the proposed variance application. He indicated that he has concerns with pedestrian safety due to the relocation of the garage door from the bottom of the entrance ramp to the top. He indicated that relocating the garage door to the top of the entrance ramp could potentially create a back-up of cars onto the street waiting for the garage door to open. He commented that vehicles exiting the garage would also have reduced visibility to the street and sidewalk due to the enclosure when exiting the garage and expressed concern for pedestrian safety. He further advised that he also has concerns with the proposed aesthetics of the structure and whether it would be compatible in with the surrounding neighbourhood. Mr. N. Riopelle advised that he was in attendance in support of the subject application and the staff recommendation. He noted through this application the intention is to construct a parking structure over the existing underground parking entrance. He stated that the owner of the subject property owns several other properties similar in nature and they have been enclosing the parking entrances on all of their properties as a means of improving their safety. He indicated that currently in the winter the ramp retains with snow and ice and drivers attempt to speed up the ramp to ensure they are able to egress over the ice and snow that has built up on the ramp. Mr. Riopelle indicated that enclosing the ramp actually slows down the speed of the drivers because the ramp is dry, and the concerns for slipping on the ramp have been eliminated. He commented that the door being located at the top of the ramp should improve pedestrian safety, as the door opening would be an indication that a car is entering or exiting the garage. In addition, he added the enclosed parking structure would be located in total 17 feet to the sidewalk, which would permit enough space for a car to approach the garage door without over- hanging the street. Questions were raised about the driveway being located next to the parking entrance; Ms. von Westerholt advised that the driveway next to the proposed parking structure is for one-way ingress vehicle traffic only. Mr. Hunter questioned whether the drawing rendered in the staff report is exactly what the enclosed parking structure would look like. Mr. Riopelle advised that the enclosure is a pre- engineering product; however, the rendering does not reflect the actual colour of the proposed structure. He noted that the colours selected will be more compatible with the existing building on the subject property. Mr. Hunter questioned whether a different design could be considered and provided sample photographs to the Committee of other parking structures located within the City. The Chair advised that the proposed structure is a pre-fabricated product. He questioned whether the applicant would be required to install landscaping as a means of screening the proposed structure. Mr. Riopelle advised that the applicant would be willing to install landscaping as a means of improving the aesthetics of the enclosure. Mr. Hunter further advised that his main concern with the structure is that the door for the parking garage is being relocated from the bottom of the ramp to the top of the ramp, and he has concerns for pedestrian safety. Ms. J. von Westerholt advised that the property will require Site Plan approval and the aesthetics of the structure will be reviewed through that process. The Chair expressed concerns regarding the driveway access next to the parking structure and the encroachment into the Driveway Visibility Triangle (DVT). He noted that as part of the COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 190 - Submission No.: 3. A 2014-064 (Cont’d) Committee’s approval he would like a condition to be added requiring the applicant to ensure that the driveway located adjacent to the parking structure ramp is intended for one-way ingress vehicle traffic only, and that this be appropriately marked on the Site Plan and signed on the site. Mr. A. Lise stated that he still had some concerns with the encroachment into the DVT and questioned whether the applicant could be required through the Site Plan approval process to install windows on the side of the enclosure to improve visibility when entering and exiting the parking structure. Ms. J. Meader advised that she would like to see the staff recommendation amended to require the applicant to provide revised elevation drawings to include a window on both sides of the parking structure which would increase visibility to the DVT; and, that the structure is built in accordance to those drawings. Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of 6965083 Canada Inc. requesting permission to convert the existing ramp to the below-grade parking garage into an accessory building by constructing a steel enclosure over the entrance, the accessory building will be located in the front yard of the multi-residential building located 1.4m (4.593’) from the street line whereas the By-law does not permit accessory buildings to be located closer to the street than the primary structure; the accessory building which exceeds 9.9 sq.m. (106.563 sq.ft.) in gross floor area, will also have a rear yard setback of 0m rather than the required 7.5m (24.606’); a side yard setback abutting a street of 1.4m (4.593’) rather than the required 4.5m (14.763’); and, an encroachment into the Driveway Visibility Triangle (DVT) having a height of greater than 0.9m (2.95’) whereas the By-law does not permit encroachments into the DVT, on Lot 15, Streets and Lanes, Part Lot 284, Plan 385, Part Lot 14, Plan 408, Lot 1 Subdivision of Lot 15, German Company Tract, Part Lot 116, Plan 203, 81 York BE APPROVED Street, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall obtain a building permit from the City’s Building Division for the proposed accessory building. 2. The owner shall receive final approval of Site Plan Application SP14/101/Y/LT by October 21, 2015 to the satisfaction of the Manager of Site Development and Customer Service. 3. That the owner shall ensure that the driveway located adjacent to the parking structure ramp is intended for one-way ingress vehicle traffic only and that this be appropriately marked on the site plan and signed on the site. 4. That the owner shall provide revised elevation drawings to include a window on both sides of the parking structure to increase visibility to the Driveway Visibility Triangle (DVT), to the satisfaction of the Manager Site Development & Customer Service; and, that the structure is built in accordance to those drawings. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission No.: 4. A 2014-065 Applicant: Fusion Homes Property Location: 177 Eden Oak Trail Legal Description: Lot 111, Registered Plan 58M-575 Mr. A. Lise declared a pecuniary interest with this application, as his firm has acted for the applicant and did not participate in any discussion or voting with respect to this application. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 191 - Submission No.: 4. A 2014-065 (Cont’d) Appearances: In Support: P. Clarke Contra: None Written Submissions: None The Committee was advised that the applicants are requesting permission to construct a single detached dwelling having a driveway located 7.5m (24.606’) from the intersection of Eden Oak Trail and Grand Flats Trail rather than the required 9m (29.52'). The Committee considered the report of the Planning Division, dated October 21, 2014, advising that the subject property is zoned Residential Six (R-6) with Special Regulation 597R in the Zoning By-law 85-1 and designated Low Rise Residential in the City’s Official Plan. The property is located at the south-east corner of Grand Flats Trail and Eden Oak Trail and will be developed with a single detached dwelling unit in the near future. The applicant is requesting permission to construct an access driveway off Eden Oak Trail at a distance of 7.5 metres to the intersection of the street lines abutting the corner lot, rather than the required 9.0 metres as per Section 6.1.1.1 b) iv) of the Zoning By-law 85. 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. 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 access driveway to the intersecting streets will not impact the intensity or scale of the residential area. The intent of the required 9 metre separation from the driveway to the intersection of the street lines abutting the corner lot is to ensure pedestrian and vehicular safety. It is staff’s opinion that the reduced setback will not impact the property or access to the intersection. The proposed driveway does not impact or encroach into the 7.5 metre Corner Visibility Triangle (CVT) and Transportation Planning staff have also indicated that they have no concerns with the requested reduction of 9.0 metres to 7.5 metres. The variance meets the intent of the Zoning By-law. The variance is considered minor as it is staff’s opinion that the proposed 7.5 metres setback allows for sufficient separation from the driveway to the intersecting street lines abutting the corner lot, and as such will not impact access to the intersection for vehicular and pedestrian traffic. The variance is appropriate for the development and use of the land and it is staff’s opinion that the requested variance will not impact the subject property, adjacent lands or abutting intersection. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 2, 2014, advising that they have no concerns with this application. The Committee considered correspondence from Kitchener-Wilmot Hydro Inc., dated October 10, 2014, requesting that approval of this application be subject to the following condition: 1. Driveways will be located so as to clear Kitchener-Wilmot Hydro Inc. submersible transformer vaults and provide a minimum of 1.0m clearance to all poles and street light standards. The Chair noted the comments from Kitchener-Wilmot Hydro Inc. and requested that their condition be included in the Committee’s recommendation. In addition, he noted the comments of Transportation Planning advising that they have concerns with the proposed variance provided the CVT of 7.5 metres is maintained and requested that the requirement to maintain the CVT is included as a condition of the Committee’s recommendation. Moved by Ms. J. Meader Seconded by Mr.D. Cybalski COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 192 - Submission No.: 4. A 2014-065 (Cont’d) That the application of Fusion Homes requesting permission to construct a single detached dwelling having a driveway located 7.5m (24.606’) from the intersection of Eden Oak Trail and Grand Flats Trail rather than the required 9m (29.52'), on Lot 111, Registered Plan 58M-575, BE APPROVED 177 Eden Oak Trail, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall ensure that the Corner Visibility Triangle (DVT) of 7.5m (24.606’) is maintained as part of this approval. 2. Driveways will be located so as to clear Kitchener-Wilmot Hydro Inc. submersible transformer vaults and provide a minimum of 1.0m clearance to all poles and street light standards. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission No.: 5. A 2014-066 Applicant: Freure Village on Clair Creek Inc. Property Location: 399 Moorlands Crescent Legal Description: Lot 83, Registered Plan 58M-541 Appearances: In Support: R. Dalling Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a single detached dwelling having a northerly side yard setback of 0.6m (1.97’) without a maintenance easement on the adjacent property whereas the By-law requires properties having a width of less than 10.4m (34.12’) to have a maintenance easement on the adjacent property if they have a side yard setback of 0.6m (1.97’) or less. The Committee considered the report of the Planning Division, dated October 10, 2014, advising that the subject properties are zoned Residential Four (R-4) with Special Regulation 405R in the Zoning By-law, and are designated Low Rise Residential in the Official Plan. The lots are currently vacant and are planned to contain single detached residential dwellings. The owner is seeking relief from Section 5.5A.2 of the City of Kitchener Zoning By-law in order to permit a side yard setback of 0.6 metres for a garage attached to a single detached dwelling on a lot having a width of less than 10.4 metres without a maintenance easement on the abutting lands for both 399 and 403 Moorlands Crescent. 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 regarding the requested minor variance: The requested variance meets the intent of the Official Plan. The Low Rise Residential designation allows for the development of single detached dwellings which maintain the overall low rise character of the neighbourhood. The requested reduction to the setbacks allows for construction in keeping with the intent of the Official Plan. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 193 - Submission No.: 5. A 2014-066 (Cont’d) The purpose of a side yard setback is to allow for adequate separation from adjacent properties as well as access to the rear of the property. The 0.6 metre setback meets the building code separation requirements and rear yard access will be provided through the 1.2 metre side yard on the opposite side of the house, which meets the Zoning By-law requirement. The purpose of requiring a maintenance easement on the abutting lands where a side yard is less than 1.2 metres is to ensure that the property owners have access for maintenance of walls, eaves, and property. Staff note that detached garages are permitted to have a side yard of 0.6 metres without an easement on the abutting lands. Like for a detached garage, the proposed portion of the attached garage which is setback less than 1.2 metres from the property line, is accessible from the front and back of the structure, and is only 1 storey high, in keeping with the maximum height permitted for a detached garage. Therefore, like with a detached garage, staff is of the opinion that the garage wall, roof and eaves will be able to maintained with the 0.6 metres provided and the roof will be accessible from the front and rear. Based on the foregoing, staff is of the opinion that the intent of the Zoning By-law is maintained. The variance is considered minor. Staff is of the opinion that the requested variance will provide an adequate side yard to allow for access to maintain the walls, roof, and eaves of the property, and will not negatively affect adjacent properties or the surrounding neighbourhood. The proposed variance is appropriate for use of the land for the following reasons. The single detached dwelling is a permitted use and the scale, massing, and height of the single detached dwellings are appropriate and consistent with the character of the neighbourhood. The reduced side yard requirement will support greater density and the better use of land. Furthermore, the variance will allow for the double-car garage to accommodate off-street parking and alleviate the demand for on-street parking. The dwellings and lots achieve other Zoning By-law requirements such as maximum driveway width and maximum percentage of garage width compared to the building façade. The proposed variance will not impact the existing character of the subject property or surrounding neighbourhood. Staff is of the opinion that, while it may be found to be appropriate to recommend relief from the Zoning By-law requiring a maintenance access for the subject pair of garages, the height of the portion of the garage setback less than 1.2 metres from the side lot line, should be limited to a maximum of 1 storey and staff recommends that a Condition be included in this regard. Staff note that the requested variance appears to be a trend in the subject neighbourhood (similar variances were sought for 214 and 218 Moorlands in August 2014). While to date the subject variances have been found to be supportable by staff, the Committee may wish to consider the previous and subject applications test cases, until it can be confirmed that there are no unanticipated problems encountered by allowing a 0.6 metre side yard without maintenance easements. Providing the required maintenance easement will result in a situation that will completely comply with all zoning By-law regulations, and will have the effect of offering further rights to property owners to access additional space for maintenance purposes, while providing for the proposed built form. Staff suggests that should the owner wish to construct further dwellings with 0.6 metre setbacks between attached garages, that applications should be made for joint maintenance easements, rather than for variances. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 2, 2014, advising that they have no concerns with this application. Moved by Ms. J. Meader Seconded by Mr.A. Lise That the application of Freure Village on Clair Creek Inc. requesting permission to construct a single detached dwelling having a northerly side yard setback of 0.6m (1.97’) without a maintenance easement on the adjacent property whereas the By-law requires properties having a width of less than 10.4m (34.12’) to have a maintenance easement on the adjacent property if they have a side yard setback of 0.6m (1.97’) or less, on Lot 83, Registered Plan BE APPROVED 58M-541, 399 Moorlands Crescent, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall obtain a building permit for the proposed construction prior to construction to the satisfaction of the Building Division. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 194 - Submission No.: 5. A 2014-066 (Cont’d) 2. That the owner shall ensure that the portion of the attached garage setback less than 1.2 metres from the property line be limited to a maximum of 1 storey in height. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission No.: 6. A 2014-067 Applicant: Freure Village on Clair Creek Inc. Property Location: 403 Moorlands Crescent Legal Description: Lot 82, Registered Plan 58M-541 Appearances: In Support: R. Dalling Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a single detached dwelling having a southerly side yard setback of 0.6m (1.97’) without a maintenance easement on the adjacent property whereas the By-law requires properties having a width of less than 10.4m (34.12’) to have a maintenance easement on the adjacent property if they have a side yard setback of 0.6m (1.97’) or less. The Committee considered the report of the Planning Division, dated October 10, 2014, advising that the subject properties are zoned Residential Four (R-4) with Special Regulation 405R in the Zoning By-law, and are designated Low Rise Residential in the Official Plan. The lots are currently vacant and are planned to contain single detached residential dwellings. The owner is seeking relief from Section 5.5A.2 of the City of Kitchener Zoning By-law in order to permit a side yard setback of 0.6 metres for a garage attached to a single detached dwelling on a lot having a width of less than 10.4 metres without a maintenance easement on the abutting lands for both 399 and 403 Moorlands Crescent. 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 regarding the requested minor variance: The requested variance meets the intent of the Official Plan. The Low Rise Residential designation allows for the development of single detached dwellings which maintain the overall low rise character of the neighbourhood. The requested reduction to the setbacks allows for construction in keeping with the intent of the Official Plan. The purpose of a side yard setback is to allow for adequate separation from adjacent properties as well as access to the rear of the property. The 0.6 metre setback meets the building code separation requirements and rear yard access will be provided through the 1.2 metre side yard on the opposite side of the house, which meets the Zoning By-law requirement. The purpose of requiring a maintenance easement on the abutting lands where a side yard is less than 1.2 metres is to ensure that the property owners have access for maintenance of walls, eaves, and property. Staff note that detached garages are permitted to have a side yard of 0.6 metres without an easement on the abutting lands. Like for a detached garage, the proposed portion of the attached garage which is setback less than 1.2 metres from the property line, is accessible from the front and back of the structure, and is only 1 storey high, in keeping with the maximum height permitted for a detached garage. Therefore, like with a detached garage, staff is of the opinion COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 195 - Submission No.: 6. A 2014-067 (Cont’d) that the garage wall, roof and eaves will be able to maintained with the 0.6 metres provided and the roof will be accessible from the front and rear. Based on the foregoing, staff is of the opinion that the intent of the Zoning By-law is maintained. The variance is considered minor. Staff is of the opinion that the requested variance will provide an adequate side yard to allow for access to maintain the walls, roof, and eaves of the property, and will not negatively affect adjacent properties or the surrounding neighbourhood. The proposed variance is appropriate for use of the land for the following reasons. The single detached dwelling is a permitted use and the scale, massing, and height of the single detached dwellings are appropriate and consistent with the character of the neighbourhood. The reduced side yard requirement will support greater density and the better use of land. Furthermore, the variance will allow for the double-car garage to accommodate off-street parking and alleviate the demand for on-street parking. The dwellings and lots achieve other Zoning By-law requirements such as maximum driveway width and maximum percentage of garage width compared to the building façade. The proposed variance will not impact the existing character of the subject property or surrounding neighbourhood. Staff is of the opinion, that while it may be found to be appropriate to recommend relief from the Zoning By-law requiring a maintenance access for the subject pair of garages, the height of the portion of the garage setback less than 1.2 metres from the side lot line, should be limited to a maximum of 1 storey and staff recommends that a Condition be included in this regard. Staff note that the requested variance appears to be a trend in the subject neighbourhood (similar variances were sought for 214 and 218 Moorlands in August 2014). While to date the subject variances have been found to be supportable by staff, the Committee may wish to consider the previous and subject applications test cases, until it can be confirmed that there are no unanticipated problems encountered by allowing a 0.6 metre side yard without maintenance easements. Providing the required maintenance easement will result in a situation that will completely comply with all zoning By-law regulations, and will have the effect of offering further rights to property owners to access additional space for maintenance purposes, while providing for the proposed built form. Staff suggests that should the owner wish to construct further dwellings with 0.6 metre setbacks between attached garages, that applications should be made for joint maintenance easements, rather than for variances. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 2, 2014, advising that they have no concerns with this application. Moved by Ms. J. Meader Seconded by Mr.A. Lise That the application of Freure Village on Clair Creek Inc. requesting permission to construct a single detached dwelling having a southerly side yard setback of 0.6m (1.97’) without a maintenance easement on the adjacent property whereas the By-law requires properties having a width of less than 10.4m (34.12’) to have a maintenance easement on the adjacent property if they have a side yard setback of 0.6m (1.97’) or less, on Lot 82, Registered Plan BE APPROVED 58M-541, 403 Moorlands Crescent, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall obtain a building permit for the proposed construction prior to construction to the satisfaction of the Building Division. 2. That the owner shall ensure that the portion of the attached garage setback less than 1.2 metres from the property line be limited to a maximum of 1 storey in height. 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 OCTOBER 21 2014 - 196 - CONSENT Submission Nos.: 1. B 2014-033 to B 2014-101 Applicant: Milestone Developments Inc. Property Location: 52-55 & 57-61 Grand Flats Trail & Sandybay Avenue, 41-44 & 47-51 Willowrun Drive & Grand Flats Trail, 24-32 Willowrun Drive & Grand Flats Trail, 35-40 Willowrun Drive & Sandybay Avenue, 77-85 Eden Oak Trail & Grand Flats Trail, 87-90 Eden Oak Trail & Willowrun Drive, 12-23 Rivertrail Avenue & Grand Flats Trail, 1, 4, 5, 7-11 & 118-120 Rivertrail Avenue & Eden Oak Trail Legal Description: Lots 1 to 91, and Lots 117 to 119, Plan 58M-575 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to grant easements for 69 properties for encroachment and maintenance purposes. All of the properties are intended for residential development. The Committee considered the report of the Planning Division, dated October 3, 2014, advising that the subject lands are located on River Trail Avenue, Eden Oak Trail, Willowrun Drive and Sandybay Avenue in the Grand River Trails Subdivision located in the Grand River South Planning Neighbourhood adjacent to Old Zeller Drive and Fairway Road North. The subject lands comprise Lots 1 through 91 consecutively and Lots 117 to 119 in Plan 58M-575. These lots are currently vacant and are all to be developed with single detached dwellings with a zero side yard setback. The applicant is requesting consent to create a total of 69 easements measuring 1.5 wide (0.3 metres for encroachment and 1.2 metres for maintenance) and between 27 and 33 metres in length. The purpose of each easement is to provide a property owner the ability to legally enter onto the neighbouring property to access his/hers side of the dwelling for maintenance purposes only. The properties are zoned Residential Four (R-4) which permits single detached dwellings to be sited on a lot with a zero side yard setback where a maximum encroachment of 0.3 metres into abutting lands is provided for the projection of eaves and a 1.5 metre easement is granted by the owner of the subject abutting lands for the maintenance of walls, eaves and real property. Staff has no concerns with the subject applications. The easement is required by the Zoning By- law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of this easement is considered good planning that satisfies the policies of both the City’s Official Plan and the Provincial Policy Statement. The Committee considered the report of the Region of Waterloo, Principal Planner, dated October 8, 2014, advising that they have no objections to these applications. Submission No.: B 2014-033 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 14 Grand Flats Trailfor an encroachment and maintenance purposes, on Lot 52, Registered Plan 58M-575, 10 Grand Flats Trail, Kitchener, BE GRANTED Ontario,, subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 197 - Submission Nos.: 1. B 2014-033 to B 2014-101 (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 .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-034 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 18 Grand Flats Trail for an encroachment and maintenance purposes, on Lot 53, Registered Plan 58M-575, 14 Grand Flats Trail, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 198 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-035 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 22 Grand Flats Trail for an encroachment and maintenance purposes, on Lot 54, Registered Plan 58M-575, 18 Grand Flats Trail, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 199 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Carried Submission No.: B 2014-036 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 26 Grand Flats Trail for an encroachment and maintenance purposes, on Lot 55, Registered Plan 58M-575, 22 Grand Flats Trail, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-037 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 10 Sandybay Avenue for an encroachment and maintenance purposes, on Lot 57, Registered Plan 58M-575, 6 Sandybay Avenue, Kitchener, BE GRANTED Ontario,, subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 200 - Submission Nos.: 1. B 2014-033 to B 2014-101 (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 .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-038 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 14 Sandybay Avenue for an encroachment and maintenance purposes, on Lot 58, Registered Plan 58M-575, 10 Sandybay Avenue, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 201 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 5. 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. Carried Submission No.: B 2014-039 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 18 Sandybay Avenue for an encroachment and maintenance purposes, on Lot 59, Registered Plan 58M-575, 14 Sandybay Avenue, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 202 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) Submission No.: B 2014-040 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 22 Sandybay Avenue for an encroachment and maintenance purposes, on BE GRANTED Lot 60, Registered Plan 58M-575, 18 Sandybay Avenue, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-041 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 26 Sandybay Avenue for an encroachment and maintenance purposes, on Lot 61, Registered Plan 58M-575, 22 Sandybay Avenue, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 203 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-042 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 15 Willowrun Drive for an encroachment and maintenance purposes, on Lot 51, Registered Plan 58M-575, 11 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 204 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 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. Carried Submission No.: B 2014-043 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 19 Willowrun Drive for an encroachment and maintenance purposes, on Lot 50, Registered Plan 58M-575, 15 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-044 Moved by Mr. A. Lise Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 205 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 23 Willowrun Drive for an encroachment and maintenance purposes, on Lot 49, Registered Plan 58M-575, 19 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-045 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 27 Willowrun Drive for an encroachment and maintenance purposes, on Lot 48, Registered Plan 58M-575, 23 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 206 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-046 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 31 Willowrun Drive for an encroachment and maintenance purposes, on Lot 47, Registered Plan 58M-575, 27 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 207 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Carried Submission No.: B 2014-047 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 35 Willowrun Drive for an encroachment and maintenance purposes, on Lot 44, Registered Plan 58M-575, 67 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-048 Moved by Mr. A. Lise Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 208 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 67 WIllowrun Drive for an encroachment and maintenance purposes, on Lot 43, Registered Plan 58M-575, 71 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-049 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 71 WIllowrun Drive for an encroachment and maintenance purposes, on Lot 42, Registered Plan 58M-575, 75 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 209 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-050 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27m (88.58’) and an area of 48.6 sq.m. (523.126 sq.ft.), to the benefit of 75 WIllowrun Drive for an encroachment and maintenance purposes, on Lot 41, Registered Plan 58M-575, 79 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 210 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Carried Submission No.: B 2014-051 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.001m (88.59’) and an area of 48.6 sq.m. (523.145 sq.ft.), to the benefit of 38 Willowrun Drive for an encroachment and maintenance purposes, on Lot 32, Registered Plan 58M-575, 34 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-052 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.01m (88.61’) and an area of 48.61 sq.m. (523.319 sq.ft.), to the benefit of 34 Willowrun Drive for an encroachment and maintenance purposes, on Lot 31, Registered Plan 58M-575, 30 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 211 - Submission Nos.: 1. B 2014-033 to B 2014-101 (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 .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-053 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.009m (88.6’) and an area of 48.61 sq.m. (523.3 sq.ft.), to the benefit of 30 Willowrun Drive for an encroachment and maintenance purposes, on Lot 30, Registered Plan 58M-575, 26 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 212 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 5. 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. Carried Submission No.: B 2014-054 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.008m (88.6’) and an area of 48.6 sq.m. (523.28 sq.ft.), to the benefit of 26 Willowrun Drive for an encroachment and maintenance purposes, on Lot 29, Registered Plan 58M-575, 22 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 213 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) Submission No.: B 2014-055 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.007m (88.6’) and an area of 48.6 sq.m. (523.26 sq.ft.), to the benefit of 22 Willowrun Drive for an encroachment and maintenance purposes, on Lot 28, Registered Plan 58M-575, 18 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-056 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.005m (88.59’) and an area of 48.6 sq.m. (523.222 sq.ft.), to the benefit of 18 Willowrun Drive for an encroachment and maintenance BE purposes, on Lot 27, Registered Plan 58M-575, 14 Willowrun Drive, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 214 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-057 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.004m (88.59’) and an area of 48.6 sq.m. (523.2 sq.ft.), to the benefit of 14 Willowrun Drive for an encroachment and maintenance purposes, on Lot 26, Registered Plan 58M-575, 10 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 215 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 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. Carried Submission No.: B 2014-058 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.003m (88.59’) and an area of 48.6 sq.m. (523.184 sq.ft.), to the benefit of 10 Willowrun Drive for an encroachment and maintenance purposes, on Lot 25, Registered Plan 58M-575, 6 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-059 Moved by Mr. A. Lise Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 216 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.002m (88.589’) and an area of 48.6 sq.m. (523.164 sq.ft.), to the benefit of 6 Willowrun Drive for an encroachment and maintenance purposes, on Lot 24, Registered Plan 58M-575, 2 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-060 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 28.959m (95.001’) and an area of 52.126 sq.m. (561.081 sq.ft.), to the benefit of 42 Willowrun Drive for an encroachment and maintenance purposes, on Lot 35, Registered Plan 58M-575, 46 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 217 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-061 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 33.319m (109.31’) and an area of 59.974 sq.m. (645.56 sq.ft.), to the benefit of 46 Willowrun Drive for an encroachment and maintenance purposes, on Lot 36, Registered Plan 58M-575, 50 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 218 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Carried Submission No.: B 2014-062 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 29.262m (96.003’) and an area of 52.671 sq.m. (566.92 sq.ft.), to the benefit of 50 Willowrun Drive for an encroachment and maintenance purposes, on Lot 37, Registered Plan 58M-575, 54 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-063 Moved by Mr. A. Lise Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 219 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 28.774m (94.402’) and an area of 51.793 sq.m. (557.497 sq.ft.), to the benefit of 54 Willowrun Drive for an encroachment and maintenance purposes, on Lot 38, Registered Plan 58M-575, 58 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-064 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 31.713m (104.045’) and an area of 57.083 sq.m. (614.44 sq.ft.), to the benefit of 58 Willowrun Drive for an encroachment and maintenance purposes, on Lot 39, Registered Plan 58M-575, 62 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 220 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-065 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 29.606m (97.132’) and an area of 49.977 sq.m. (537.947sq.ft.), to the benefit of 62 Willowrun Drive for an encroachment and maintenance purposes, on Lot 40, Registered Plan 58M-575, 66 Willowrun Drive, Kitchener, BE GRANTED Ontario,, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 221 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Carried Submission No.: B 2014-066 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.765m (91.09’) and an area of 49.977 sq.m. (537.947 sq.ft.), to the benefit of 174 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 77, Registered Plan 58M-575, 170 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-067 Moved by Mr. A. Lise Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 222 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 28.006m (91.883’) and an area of 50.41 sq.m. (542.617 sq.ft.), to the benefit of 178 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 78, Registered Plan 58M-575, 174 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-068 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’) a depth of 28.246m (28.246’) and an area of 50.84 sq.m. (547.267 sq.ft.), to the benefit of 182 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 79, Registered Plan 58M-575, 178 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 223 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-069 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 28.487m (93.461’) and an area of 51.276 sq.m. (551.936 sq.ft.), to the benefit of 186 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 80, Registered Plan 58M-575, 182 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 224 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Carried Submission No.: B 2014-070 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 28.727m (28.727’) and an area of 51.708 sq.m. (556.586 sq.ft.), to the benefit of 190 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 81, Registered Plan 58M-575, 186 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-071 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 28.968m (95.039’) and an area of 52.142 sq.m. (561.256 sq.ft.), to the benefit of 194 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 82, Registered Plan 58M-575, 190 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 225 - Submission Nos.: 1. B 2014-033 to B 2014-101 (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 .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-072 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 29.209m (95.83’) and an area of 52.576 sq.m. (565.925 sq.ft.), to the benefit of 198 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 83, Registered Plan 58M-575, 194 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 226 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 5. 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. Carried Submission No.: B 2014-073 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 29.449m (96.617’) and an area of 53.008 sq.m. (570.576 sq.ft.), to the benefit of 202 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 84, Registered Plan 58M-575, 198 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-074 COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 227 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 29.69m (97.408’) and an area of 53.442 sq.m. (575.245 sq.ft.), to the benefit of 204 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 85, Registered Plan 58M-575, 202 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-075 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 32.011m (105.02’) and an area of 57.62 sq.m. (620.214 sq.ft.), to the benefit of 214 Eden Oak Trail for an encroachment and maintenance BE purpose, on Lot 87, Registered Plan 58M-575, 210 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 228 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-076 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 32.011m (105.02’) and an area of 57.62 sq.m. (620.214 sq.ft.), to the benefit of 218 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 88, Registered Plan 58M-575, 214 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 229 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Carried Submission No.: B 2014-077 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 32.585m (106.906’) and an area of 58.653 sq.m. (631.335 sq.ft.), to the benefit of 222 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 89, Registered Plan 58M-575, 218 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-078 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 32.796m (107.598’) and an area of 59.033 sq.m. (635.423 sq.ft.), to the benefit of 226 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 90, Registered Plan 58M-575, 222 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 230 - Submission Nos.: 1. B 2014-033 to B 2014-101 (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 .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-079 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.471m (90.127’) and an area of 49.448 sq.m. (532.251 sq.ft.), to the benefit of 51 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 12, Registered Plan 58M-575, 47 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 231 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 5. 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. Carried Submission No.: B 2014-080 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.474m (90.137’) and an area of 49.453 sq.m. (532.31 sq.ft.), to the benefit of 47 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 13, Registered Plan 58M-575, 43 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-081 COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 232 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 28.719m (94.222’) and an area of 51.694 sq.m. (556.431 sq.ft.), to the benefit of 43 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 14, Registered Plan 58M-575, 39 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-082 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 34.636m (113.635’) and an area of 62.345 sq.m. (671.074 sq.ft.), to the benefit of 39 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 15, Registered Plan 58M-575, 35 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 233 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-083 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 41.26m (135.36’) and an area of 74.268 sq.m. (799.414 sq.ft.), to the benefit of 35 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 16, Registered Plan 58M-575, 31 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 234 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Carried Submission No.: B 2014-084 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 36.5m (119.75’) and an area of 65.7 sq.m. (707.189 sq.ft.), to the benefit of 31 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 17, Registered Plan 58M-575, 27 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-085 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 29.497m (96.774’) and an area of 53.095 sq.m. (571.506 sq.ft.), to the benefit of 27 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 18, Registered Plan 58M-575, 23 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 235 - Submission Nos.: 1. B 2014-033 to B 2014-101 (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 .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-086 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.5m (90.223’) and an area of 49.5 sq.m. (532.814 sq.ft.), to the benefit of 23 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 19, Registered Plan 58M-575, 19 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 236 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 5. 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. Carried Submission No.: B 2014-087 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.5m (90.223’) and an area of 49.5 sq.m. (532.814 sq.ft.), to the benefit of 19 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 20, Registered Plan 58M-575, 15 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-088 COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 237 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.5m (90.223’) and an area of 49.5 sq.m. (532.814 sq.ft.), to the benefit of 15 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 21, Registered Plan 58M-575, 11 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-089 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.5m (90.223’) and an area of 49.5 sq.m. (532.814 sq.ft.), to the benefit of 11 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 22, Registered Plan 58M-575, 7 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 238 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-090 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.5m (90.223’) and an area of 49.5 sq.m. (532.814 sq.ft.), to the benefit of 7 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 23, Registered Plan 58M-575, 3 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 239 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Carried Submission No.: B 2014-091 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.469m (91.121’) and an area of 49.444 sq.m. (532.213 sq.ft.), to the benefit of 55 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 11, Registered Plan 58M-575, 51 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-092 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.466m (90.111’) and an area of 49.44 sq.m. (532.155 sq.ft.), to the benefit of 59 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 10, Registered Plan 58M-575, 55 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 240 - Submission Nos.: 1. B 2014-033 to B 2014-101 (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 .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-093 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.464m (90.10’) and an area of 49.44 sq.m. (532.155 sq.ft.), to the benefit of 63 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 9, Registered Plan 58M-575, 59 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 241 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 5. 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. Carried Submission No.: B 2014-094 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.462m (90.098’) and an area of 49.432 sq.m. (53.077 sq.ft.), to the benefit of 67 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 8, Registered Plan 58M-575, 63 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-095 COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 242 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.459m (90.088’) and an area of 49.426 sq.m. (532.019 sq.ft.), to the benefit of 71 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 7, Registered Plan 58M-575, 67 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-096 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.453m (90.068’) and an area of 49.415 sq.m. (531.864 sq.ft.), to the benefit of 79 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 5, Registered Plan 58M-575, 75 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 243 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-097 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.451m (90.062’) and an area of 49.412 sq.m. (531.864 sq.ft.), to the benefit of 83 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 4, Registered Plan 58M-575, 79 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 244 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Carried Submission No.: B 2014-098 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 27.455m (90.075’) and an area of 49.419 sq.m. (531.942 sq.ft.), to the benefit of 87 Rivertrail Avenue for an encroachment and maintenance BE purposes, on Lot 1, Registered Plan 58M-575, 91 Rivertrail Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-099 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 30.55m (100.229’) and an area of 54.99 sq.m. (591.907 sq.ft.), to the benefit of 150 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 118, Registered Plan 58M-575, 154 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 245 - Submission Nos.: 1. B 2014-033 to B 2014-101 (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 .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried Submission No.: B 2014-100 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 30.812m (101.812’) and an area of 55.461 sq.m. (596.983 sq.ft.), to the benefit of 154 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 119, Registered Plan 58M-575, 158 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 246 - Submission Nos.: 1. B 2014-033 to B 2014-101 (Cont’d) 5. 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. Carried Submission No.: B 2014-101 Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement having a total width of 1.8m (5.905’), a depth of 30.613m (100.436’) and an area of 55.103 sq.m. (593.128 sq.ft.), to the benefit of 158 Eden Oak Trail for an encroachment and maintenance BE purposes, on Lot 120, Registered Plan 58M-575, 162 Eden Oak Trail, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. Carried COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 247 - Submission Nos.: 2. B 2014-102 Applicant: Triedell Group Ltd. Property Location: 40-42 Centreville Street Legal Description: Part Farm Lot, Registered Plan 589 Appearances: In Support: L. Furtado Contra: None Written Submissions: None The Committee was advised that the applicants are 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 Centreville Street, with the severed lands having a lot width of 11.758m (38.576’), by a depth of 40.4m (132.545’) and an area of 406.8 sq.m. (4378.759 sq.ft.); and the retained lands having a lot width of 11.732m (38.49‘), by a depth of 40.4m (132.545’) and an area of 406.9 sq.m. (4379.835 sq. ft.). The Committee considered the report of the Planning Division, dated September 8, 2014, advising that the subject property contains a semi-detached dwelling and is designated as Low Rise Residential in the City’s Official Plan and zoned Residential Four Zone (R-4) in the City’s Zoning By-law. The applicant is requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached unit. The severed lot will have a frontage of 11.76 metres, a depth of 40.46 metres and an area of 406.8 square metres, while the retained lot will have a frontage of 11.73 metres, depth of 40.27 metres and an area of 406.9 square metres. Planning staff is of the opinion that the proposal conforms with the regulations of the Residential Four Zone (R-4). Section 4 of the Zoning By-law defines a semi-detached dwelling as “a building divided vertically into two semi-detached houses by a common wall which prevents internal access between semi-detached houses and extends from the base of the foundation to the roof line and for a horizontal distance of not less than 35 percent of the horizontal depth of the building. Each semi-detached house shall be designed to be located on a separate lot having access to and frontage on a street.” The proposed severance is required to create separate semi- detached dwelling units and allow separate ownership of each. As per the Zoning By-law, semi- detached dwellings located with the R-4 Zone are not permitted to be duplexed. In addition, the dimensions and shapes of the proposed lots are appropriate and suitable for the use of the properties as semi-detached houses, the lands front on an established public street, and both parcels of land will require independent service connections to municipal services for sanitary, storm and water. Also, the resultant lots will be compatible with those in the surrounding area. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 8, 2014, advising that they have no concerns with this application but note that the subject site was subject to previous consent application B 2010-023 which subsequently lapsed as the conditions of approval were not satisfied pursuant to the Planning Act. Site Contamination: The site is located in an area recorded as a former landfill by the Ministry of the Environment and identified in the Kitchener Official Plan. In accordance with the Region’s Implementation Guidelines for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is required for both the severed and retained parcels. The applicant received a Record of Site Condition (Registration Number 108313) prepared to residential standards acknowledged by the Ministry of Environment May 30, 2011. The Region is satisfied this requirement has been addressed. Transportation Noise: The subject lands are approximately 70 metres from King Street East (Regional Road No. 15) and within 200 metres to Highway No. 8. Due to the high traffic volumes on these roads, the owner/applicant is typically required to prepare a Transportation Noise Study to indicate the COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 248 - Submission Nos.: 2. B 2014-102 (Cont’d) methods to be used to abate noise levels for the new lots from traffic noise generated on these roads and if necessary, shall enter into a registered agreement with the Region to provide for the implementation of the approved study. However, since there are intervening land uses between the proposed lots and King Street and the residential dwellings have been constructed on the retained and severed lot, in lieu of a Transportation Noise Study in this instance the Developer has the option to do a Noise Study or enter into an agreement with the Region to require the following noise warning clause: “Purchasers/tenants are advised that sound levels due to increasing road traffic on King Street East (Regional Road No. 15) and Highway No. 8 may occasionally interfere with some activities of the dwelling occupants as the levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment”. Regional staff have no objection to the application, subject to the following condition: 1. That prior to final approval, the owner/applicant prepare a Transportation Noise Study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from King Street East for all units and if necessary, the owner enter into a registered development agreement with the Region of Waterloo; - or - The owner/applicant may enter into a registered agreement with the Region of Waterloo to include the following noise warning clause in all offers of purchase/sale, deeds and tenancy agreements for all units: “Purchasers/tenants are advised that sound levels due to increasing road traffic on King Street East (Regional Road No. 15) and Highway No. 8 may occasionally interfere with some activities of the dwelling occupants as the levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment.” Mr. A. Lise questioned whether Condition 9 of the staff recommendation requiring the applicant to complete a tree preservation plan, noting that the subject property is already fully constructed. Ms. von Westerholt advised that Environmental Planning staff have requested the condition be included in the staff recommendation. She further advised that if the Committee believes the Condition is redundant it could be removed. A motion was brought forward by Mr. Lise to approve the subject application as outlined in the staff recommendation save and except Condition 9. Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Triedell Group Ltd. requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a lot width on Centreville Street of 11.758m (38.576’), a depth of 40.4m (132.545’) and an area of 406.8 sq.m. (4378.759 sq.ft.), on Part Farm Lot, Registered Plan 589, 40-42 BE GRANTED Centreville Street, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication in the amount of $5,408.68 equal to 5% of the value of the lands to be severed. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 249 - Submission Nos.: 2. B 2014-102 (Cont’d) 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and retained lands. 5. The owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the City’s Director of Engineering. 7. As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction As-Recorded Tracking Form is required to be filled out and submitted along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the owner shall provide Engineering staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 10. That the owner shall prepare a Transportation Noise Study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from King Street East for all units and if necessary, the owner enter into a registered development agreement with the Region of Waterloo; - or - The owner may enter into a registered agreement with the Region of Waterloo to include the following noise warning clause in all offers of purchase/sale, deeds and tenancy agreements for all units: “Purchasers/tenants are advised that sound levels due to increasing road traffic on King Street East (Regional Road No. 15) and Highway No. 8 may occasionally interfere with some activities of the dwelling occupants as the levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment.” 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. Carried Submission Nos.: 3. B 2014-103 Applicant: Breymark Homes Property Location: 6 & 8 Rauch Court Legal Description: Part Lot 3, Registered Plan 58M-535 Appearances: COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 250 - Submission Nos.: 3. B 2014-103 (Cont’d) In Support: K. Reycraft B. Cormier Contra: None Written Submissions: None The Committee was advised that the applicants are 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 Rauch Court, with the severed lands having a lot width of 8.21m (26.935’), by a depth of 29.88m (98.031’) and an area of 249.99 sq.m. (2690.87 sq.ft.); and the retained lands having a lot width of 8.24m (26.935’), by a depth of 29.88m (98.031’) and an area of 368.99 sq.m. (3971.775 sq.ft.). The Committee considered the report of the Planning Division, dated October 21, 2014, advising that the property is municipally addressed as 6 and 8 Rauch Court. A semi-detached dwelling is currently under construction on the property. The subject property is 618.98 square metres in area with 13.46 metres of frontage on Rauch Court and a varying lot depth of 29.883 to 33.773 metres. The advertised frontage of 16.45 metres (8.21 and 8.24 metres) is measured form the required front yard setback of 4.5 metres in accordance with Section 4 of Zoning By-law 85-1. The applicant is requesting consent to sever the lot in half (i.e., along the common wall of the semi-detached dwelling) in order to allow separate ownership of each semi-detached dwelling unit. The application proposes to sever a 249.99 square metre lot with a 7.897 metres of frontage along Rauch Court (lot width of 8.21 metres at the 4.5 metre front yard setback) and a varying lot depth of approximately 29.8 metres. The proposed retained lot is 368.99 square metres in area with 5.563 metres of frontage along Rauch Court (lot width of 8.24 metres at the 4.5 metre front yard setback) and a varying lot depth of between 29.889 and 33.773 metres. The proposed severance would have the effect of allowing individual ownership of each semi-detached house. The property is designated as Low Rise Residential in the Official Plan and is zoned as Residential Four Zone (R-4). An analysis of the sketch provided with the application demonstrates that both severed and retained lots would comply with the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City’s Official Plan and that the configurationof 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 and conforms to the Growth Plan tor the Greater Golden Horseshoe. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 8, 2014, advising that they have no concerns with this application. Moved by Ms. J. Meader Seconded by Mr. A. Lise That the application of Breymark Homes requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a lot width on Rauch Court of 8.21m (26.935’), by a depth of 29.88m (98.031’) and an area of 249.99 sq.m. (2690.87 sq.ft.), on Part Lot 3, Registered Plan 58M-535, 6 & 8 Rauch BE GRANTED Court, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 251 - Submission Nos.: 3. B 2014-103 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed and retained lands. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 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 appropriate City department. 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the City’s Director of Engineering. 8. That the owner shall prepare and receive approval of the Development and Reconstruction As-Recorded Tracking Form, along with a digital submission of all AutoCad drawings required for the site with the corresponding correct layer names and numbering system to the satisfaction of the Engineering Division, as per the Public Sector Accounting Board (PSAB) S. 3150. 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. Carried Submission Nos.: 4. B 2014-104 Applicant: Breymark Homes Property Location: 10 & 12 Rauch Court Legal Description: Lot 2, Registered Plan 58M-535 Appearances: In Support: K. Reycraft B. Cormier Contra: None Written Submissions: None The Committee was advised that the applicants are 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 Rauch Court, with the severed lands having a lot width of 9m (29.527’), by a depth of 29.88m (98.031’) and an area of 268.92 sq.m. (2894.631 sq.ft.); and the retained lands having a lot width of 9m (29.527’), by a depth of 29.88m (98.031’) and an area of 268.94 sq.m. (2905.61 sq.ft.). COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 252 - Submission Nos.: 4. B 2014-104 (Cont’d) The Committee considered the report of the Planning Division, dated October 21, 2014, advising that the property is municipally addressed as 10 and 12 Rauch Court. A semi-detached dwelling is currently under construction on the property. The subject property is 537.86 square metres in area with 18.0 metres of frontage on Rauch Court and a varying lot depth of 29.880 to 29.883 metres. The applicant is requesting consent to sever the lot in half (i.e., along the common wall of the semi-detached dwelling) in order to allow separate ownership of each semi-detached dwelling unit. The application proposes to sever a 268.92 square metre lot with 9.0 metres of frontage along Rauch Court and a varying lot depth of approximately 29.8 metres. The proposed retained lot is 268.94 square metres in area with 9.0 metres of frontage along Rauch Court and a varying lot depth of 29.8 metres. The proposed severance would have the effect of allowing individual ownership of each semi-detached house. The property is designated as Low Rise Residential in the Official Plan and is zoned as Residential Four Zone (R-4). An analysis of the sketch provided with the application demonstrates that both severed and retained lots would comply with the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City’s Official Plan and that the configurationof 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 and conforms to the Growth Plan tor the Greater Golden Horseshoe. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 8, 2014, advising that they have no concerns with this application. Moved by Ms. J. Meader Seconded by Mr. A. Lise That the application of Breymark Homes requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a lot width on Rauch Court of 9m (29.527’), by a depth of 29.88m (98.031’) and an area of 268.92 sq.m. (2894.631 sq.ft.), on Lot 2, Registered Plan 58M-535, 10 & 12 Rauch Court, BE GRANTED Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed and retained lands. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 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 appropriate City department. 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the City’s Director of Engineering. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 253 - Submission Nos.: 4. B 2014-104 (Cont’d) 8. That the owner shall prepare and receive approval of the Development and Reconstruction As-Recorded Tracking Form, along with a digital submission of all AutoCad drawings required for the site with the corresponding correct layer names and numbering system to the satisfaction of the Engineering Division, as per the Public Sector Accounting Board (PSAB) S. 3150. 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. Carried Submission Nos.: 5. B 2014-105 Applicant: Manulife Ontario Property Portfolio Inc. Property Location: 800 Wilson Avenue Legal Description: Part Lot 10, Registrars Compiled Plan 1524, being Parts 1 to 9, on Reference Plan 58R-16142 and Part 1, on Reference Plan 58R-16858 - and - Submission No.: B 2014-106 Applicant: Blue Top Properties (Goodrich) Limited Property Location: 25-45 Goodrich Drive Legal Description: Part Lot 10, Registrars Compiled Plan 1524, being Part 3 on Reference Plan 58R-16376 Appearances: In Support: S. Patterson L. Wolynetz Contra: None Written Submissions: None The Committee was advised that through application B 2014-105 the applicants are requesting permission to grant an easement having a width on Wilson Avenue of 6.003m (19.69’) a depth of 42.285m (138.73’) and an area of 253.837 sq.m. (2732.277 sq.ft.) in favour of 25-45 Goodrich Drive for vehicle access. The Committee was further advised that through application B 2014-106 the applicants are requesting permission to grant an easement having a width on Wilson Avenue of 4.508m (14.79’) a depth of 40m (131.233’) and an area of 180.32 sq.m. (1940.948 sq.ft.) in favour of 800 Wilson Avenue for vehicle access. The Committee considered the report of the Planning Division, dated October 21, 2014, advising that the subject properties abut each other and are located on the east side of Wilson Ave, south of Goodrich Drive. The properties are designated Heavy Industrial in the Official Plan and are zoned Heavy Industrial (M-4). The property addressed as 800 Wilson Avenue [interior lot; owned by Manulife Ontario Property Portfolio Inc.] contains an office building/warehouse while 25-45 Goodrich Drive [corner lot; owned by Blue Top Properties (Goodrich) Limited] is vacant but is planned, through site plan application SP14/056/G/LT, to contain two industrial buildings. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 254 - Submission Nos.: 5. B 2014-105 and B 2014-106(Cont’d) The subject applications have been submitted in response to a Site Plan approval condition that requires: “that prior to site plan approval, the owner agrees to establish a mutual access easement through the Committee of Adjustment for the shared access between 25-45 Goodrich Drive and 800 Wilson Avenue.” The subject applications represent an attempt to fulfill this Condition and achieve final site plan approval. Application B 2014-105 proposes an easement over an existing driveway off Wilson Avenue that is 6.00 – 6.003 metres wide, 42.285 – 42.406 metres long, with an area of approximately 254.14 square metres on the property addressed as 800 Wilson Avenue in favour of the property addressed as 25-45 Goodrich Drive. Application B 2014-106 proposes an easement over an existing driveway off Wilson Avenue that is 4.5 - 4.508 metres wide, 39.739 – 40.000 metres long, with an area of approximately 179.413 square metres on the property addressed as 25-45 Goodrich Drive in favour of the property addressed as 800 Wilson Avenue. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 8, 2014, advising that they have no concerns with this application. In response to questions, Mr. S. Patterson advised that the properties have undertaken Site Plan approval and the easements proposed in the subject applications have been deemed sufficient in size for the proposed uses of the properties. Submission No. B 2014-105 Moved by Ms. J. Meader Seconded by Mr.A. Lise That the application of Manulife Ontario Property Portfolio Inc. requesting permission to grant an easement having a width on Wilson Avenue of 6.003m (19.69’) a depth of 42.285m (138.73’) and an area of 253.837 sq.m. (2732.277 sq.ft.) in favour of 25-45 Goodrich Drive for vehicle access, on Part Lot 10, Registrars Compiled Plan 1524, being Parts 1 to 9 on Reference Plan 58R-16142 BE and Part 1 on Reference Plan 58R-16858, 800 Wilson Avenue, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the access easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. 6. That Conditions 1 to 5 shall be completed prior to October 21, 2015. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 255 - Submission Nos.: 5. B 2014-105 and B 2014-106(Cont’d) 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. Carried Submission No. B 2014-106 Moved by Ms. J. Meader Seconded by Mr.A. Lise That the application of Blue Top Properties (Goodrich) Limited requesting permission to grant an easement having a width on Wilson Avenue of 4.508m (14.79’) a depth of 40m (131.233’) and an area of 180.32 sq.m. (1940.948 sq.ft.) in favour of 800 Wilson Avenue for vehicle access, on Part Lot 10, Registrars Compiled Plan 1524, being Part 3 on Reference Plan 58R-16376, 25-45 BE GRANTED Goodrich Drive, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the access easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide City Solicitor with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. 6. That Conditions 1 to 5 shall be completed prior to October 21, 2015. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. 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. Carried COMMITTEE OF ADJUSTMENT OCTOBER 21 2014 - 256 - ADJOURNMENT On motion, the meeting adjourned at 11:00 a.m. Dated at the City of Kitchener this 21st day of October, 2014. Dianna Saunderson Secretary-Treasurer Committee of Adjustment