HomeMy WebLinkAbout2014-11-18
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD NOVEMBER 18, 2014
MEMBERS PRESENT:
Messrs. A. Head, A. Lise and B. McColl.
OFFICIALS PRESENT:
Ms. J. von Westerholt, Senior Planner; Mr. D. Pimentel, Traffic
Technologist; Mr. S. Bassanese, Urban Designer, Ms. D. Saunderson,
Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk.
Mr. A. Head, Vice-Chair, called this meeting to order at 10:05 a.m.
MINUTES
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the minutes of the regular meeting of the Committee of Adjustment held October 21, 2014, as
mailed to the members, be accepted.
Carried
NEW BUSINESS
MINOR VARIANCE
Submission No.:
1. A 2014-068
Applicants:
Lucille Mitchell
Property Location:
671 Glasgow Street, Unit 1
Legal Description:
Level 1, Waterloo North Condominium Plan 139, Unit 1
Appearances:
In Support: C. Lee
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to legalize a covered and
enclosed deck attached to a single detached dwelling identified as Unit 1, Waterloo Condominium
Plan 139, having a minimum side yard of 2.75m (9.02’) rather than the required 7.62m (25’).
The Committee considered the report of the Planning Division, dated November 6, 2014, advising
that the subject property is located on the south side of Glasgow Street between Fischer-Hallman
Road and Westmount Road. The property contains seven single detached dwellings on a lot that
is subject to a registered condominium plan. The subject dwelling is the one-storey single
detached dwelling closest to Glasgow Street (Unit 1, Waterloo North Condominium Plan 139).
The property is designated Low Rise Residential in the Official Plan and zoned Residential Two
(R-2) with Special Regulation Provision 152R. Special Regulation Provision 152R requires that a
minimum side yard shall be 7.62 metres for certain single detached dwellings (applies to the
subject dwelling).
At some point in the past, the owner constructed a covered deck attached to the rear of the
dwelling within the exclusive use portion of the property. It should be noted that the functional
rear yard of the dwelling is technically the side yard under the Zoning By-law. Section 5.6A.4d) of
the Zoning By-law requires that a covered deck be set back in accordance with the provisions
required for the side yard - in this case, 7.62 metres. The rafters supporting the roof over the
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
1.A 2014-068 (Cont’d)
deck (the point from which the minimum side yard should be measured) are only set back 2.75
metres. In this regard, the owner is requesting legalization of a covered deck attached to a single
detached dwelling having a minimum side yard of 2.75m rather than the required 7.62m.
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 and Zoning By-law for the following reasons.
Part 2, Section 1.6.2 of the Official Plan sets out policies for considering minor variances that
affect housing:
Where special zoning regulations or minor variances are requested or proposed to facilitate
residential intensification or a redevelopment of lands, the overall impact of the special zoning
regulations or minor variances shall be reviewed to ensure the following:
iii) New additions and modifications to existing buildings are to be directed to the rear yard
and are to be discouraged in the front yard and side yard abutting a street.
v) The lands can function appropriately and not adversely impact adjacent properties by
providing both an appropriate number of parking spaces and an appropriate
landscaped/amenity area on the site.
In this regard, the covered deck is positioned towards the functional rear yard of the property and
does not adversely impact adjacent properties. In addition, appropriate amenity area is provided
on site: the open/outdoor rear yard amenity space has been replaced with a covered outdoor
amenity space.
The variance is considered minor since it does not create unacceptably adverse impacts on
adjacent properties since the side yard of the property in question abuts City-owned green space
known as Westwood Park Natural Area; there are no abutting neighbours behind the covered
deck. The adjacent dwelling to the side is more than 6 metres away, which is adequate for
privacy purposes, especially considering the roof over the deck is only one storey in height.
The variance is desirable for the appropriate development of the land since it will allow for
continued use of a rear yard amenity space. Also, since the deck is covered, the variance may
allow a more a functional outdoor amenity space – one that can be used during adverse weather
conditions.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 6, 2014, advising that they have no concerns with this application.
Mr. C. Lee advised that he is in attendance in support of the proposed variance application and
the staff recommendation.
Moved by Mr. A. Lise
Seconded by Mr. B. McColl
That the application of Lucille Mitchell requesting permission to legalize a covered and
enclosed deck attached to a single detached dwelling identified as, having a minimum side
yard setback of 2.75m (9.02’) rather than the required 7.62m (25’), on Level 1, Waterloo North
BE
Condominium Plan 139, Unit 1, 671 Glasgow Street, Unit 1, Kitchener, Ontario,
APPROVED
, subject to the following condition:
1. That the owner shall obtain a building permit from the City’s Building Division for the
existing roof structure prior to November 18, 2015. Any request for a time extension
must be approved in writing by the City’s Manager of Development Review (or
designate), prior to the completion date set out in this decision. Failure to fulfill this
condition 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.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
1.A 2014-068 (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
Submission No.:
2. A 2014-069
Applicant:
Cityview Homes Inc.
Property Location:
165 Coopershawk Street
Legal Description:
Lot 16, Registered Plan 58M-512
Appearances:
In Support: T. Lesperance
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct a single
detached dwelling having a driveway located 8.3m (27.23’) from the intersection of Coopershawk
Street and Eaglecrest Street rather than the required 9m (29.52').
The Committee considered the report of the Planning Division, dated November 10, 2014,
advising that the subject property is zoned Residential Six (R-6) in the City of Kitchener Zoning
By-law and designated Low Rise Residential in the City of Kitchener Official Plan. The site is
currently not developed, but is planned to contain a single detached dwelling. The owner is
requesting relief from section 6.1.1.1.b.iv of the Zoning By-law for a driveway to be located 8.30
metres from the intersection of Eaglecrest Street and Coopershawk Street, rather than the
permitted 9.00 metres.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments regarding
the requested minor variance:
The requested variance for the proposed location of the driveway to the intersecting street lines
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 reduced setback of the driveway to the intersecting street lines for the
proposed single detached dwelling. The minor change will maintain the low density character of
the property and proposed subdivision.
The intent of the required 9.00 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 0.70 metre reduction will not impact the property or access to the intersection. The proposed
driveway does not encroach into the required 7.5 metre Corner Visibility Triangle. Transportation
Planning staff has indicated that they have no concerns with the requested reduction of 9.00
metres to 8.30 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 8.30 metre setback
from the intersecting street lines allows for sufficient separation from the driveway, 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. It is staff’s opinion that the
requested variance will not impact the subject property, adjacent lands or the abutting
intersection.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 6, 2014, advising that they have no concerns with this application.
Moved by Mr. B. McColl
Seconded by Mr.A. Lise
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
2.A 2014-069 (Cont’d)
That the application of Cityview Homes Inc. requesting permission to construct a single
detached dwelling having a driveway located 8.3m (27.23’) from the intersection of
Coopershawk Street and Eaglecrest Street rather than the required 9m (29.52'), on Lot 16,
BE APPROVED
Registered Plan 58M-512, 165 Coopershawk Street Kitchener, Ontario, .
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 2014-070
Applicant:
Cityview Homes Inc.
Property Location:
268 Falconridge Drive
Legal Description:
Lot 67, Registered Plan 58M-512
Appearances:
In Support: T. Lesperance
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct a single
detached dwelling having a driveway located 7.95m (26.08’) from the intersection of Falconridge
Drive and Eaglecrest Street rather than the required 9m (29.52').
The Committee considered the report of the Planning Division, dated November 10, 2014,
advising that the subject property is zoned Residential Six (R-6) in the City of Kitchener Zoning
By-law and designated Low Rise Residential in the City of Kitchener Official Plan. The site is
currently not developed, but is planned to contain a single detached dwelling. The owner is
requesting relief from section 6.1.1.1.b.iv of the Zoning By-law for a driveway to be located 7.95
metres from the intersection of Eaglecrest Street and Falconridge Drive, rather than the permitted
9.00 metres.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments regarding
the requested minor variance:
The requested variance for the proposed location of the driveway to the intersecting street lines
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 reduced setback of the driveway to the intersecting street lines for the
proposed single detached dwelling. The minor change will maintain the low density character of
the property and proposed subdivision.
The intent of the required 9.00 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 1.05 metre reduction will not impact the property or access to the intersection. The proposed
driveway does not encroach into the required 7.5 metre Corner Visibility Triangle. Transportation
Planning staff has indicated that they have no concerns with the requested reduction of 9.00
metres to 7.95 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 7.95 metre setback
from the intersecting street lines allows for sufficient separation from the driveway, and as such
will not impact access to the intersection for vehicular and pedestrian traffic.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
3.A 2014-070 (Cont’d)
The variance is appropriate for the development and use of the land. It is staff’s opinion that the
requested variance will not impact the subject property, adjacent lands or the abutting
intersection.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 6, 2014, advising that they have no concerns with this application.
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of Cityview Homes Inc. requesting permission to construct a single detached
dwelling having a driveway located 7.95m (26.08’) from the intersection of Falconridge Drive and
Eaglecrest Street rather than the required 9m (29.52'), on Lot 67, Registered Plan 58M-512, 268
BE APPROVED
Falconridge Drive, Kitchener, Ontario, .
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 2014-071
Applicant:
Vlado Herbut
Property Location:
28 Oliver Court
Legal Description:
Lot 24, Plan 1743
Appearances:
In Support: S. Bowen
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct a sunroom in
the rear yard of an existing single detached dwelling having a rear yard setback of 5.35m (17.55’)
rather than the required 7.5m (24.606’).
The Committee considered the report of the Planning Division, dated November 10, 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 reduce the required
minimum rear yard setback from 7.5 metres to 5.35 metres to allow for the addition of a sunroom
at the rear of the existing single detached dwelling.
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 variance 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
variance will permit a reduced rear yard setback for the proposed sunroom at the rear of the
existing single detached dwelling. The minor change will maintain the low density character of the
property and surrounding neighbourhood.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
4.A 2014-071 (Cont’d)
The variance meets the intent of the Zoning By-law. The purpose of a rear yard setback of 7.5
metres is to provide an outdoor amenity space as well as adequate separation from neighbouring
properties. It is staff’s opinion that a setback of 5.35 metres would continue to allow for outdoor
amenity space.
The variance is considered minor. It is staff’s opinion that the requested variance will provide
adequate separation from the proposed addition to abutting residential properties, and as such
will likely have minimal impact to adjacent lands.
The variance is considered appropriate development for the property and surrounding area. The
addition would encroach 2.15 metres into the required rear yard setback from its closest point to
the angled rear lot line, maintaining a sufficient outdoor amenity space. 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
November 6, 2014, advising that they have no concerns with this application.
Moved by Mr. A. Lise
Seconded by Mr.B. McColl
That the application of Vlado Herbut requesting permission to construct a sunroom in the rear
yard of an existing single detached dwelling having a rear yard setback of 5.35m (17.55’)
rather than the required 7.5m (24.606’), on Lot 24, Plan 1743, 28 Oliver Court, Kitchener,
BE APPROVED
Ontario,, subject to the following conditions:
1. That the owner shall obtain a building permit for the proposed sunroom prior to
construction, to the satisfaction of the City’s Building Division.
2. That the owner shall complete Condition 1 by November 18th, 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.
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 2014-072
Applicant:
2278815 Ontario Inc.
Property Location:
175 Borden Avenue South
Legal Description:
Lots 147 to 150, Plan 262, Part Closed Streets and Lanes
Appearances:
In Support: L. Ratford
J. Gagne
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission for a multi-tenant
industrial building to have a Health Office with 7 off-street parking spaces rather than the required
14; a Canine and Feline Grooming and Training business with 5 off-street parking spaces rather
than the required 9; and, a manufacturing business (baker) to have 1 off-street parking space
rather than the required 2.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
5.A 2014-072 (Cont’d)
The Committee considered the report of the Planning Division, dated November 10, 2014,
advising that the subject property is located on the east side of Borden Avenue South between
Bedford Road and Nyberg street. It is zoned General Industrial (M-2) and has an Official Plan
designation of General Industrial.
The applicant is requesting permission for a multi-tenant industrial building to have:
1. a health office use with 7 off-street parking spaces rather than the required 14 spaces;
2. a canine and feline grooming or training use with 5 off-street parking spaces rather than
the required 9 spaces; and,
3. a manufacturing use (baker) with 2 employees to have 1 off-street parking space rather
than the required 2 spaces.
In regards to point 3 above, staff notes that the parking requirement for a manufacturing use is 1
space for every 2 employees. The baker has 2 employees therefore only 1 space is required and
there is no parking variance. Staff recommends that the variance be amended by deleting this
third parking variance request.
It is noted that generally when there are three or more businesses, a “plaza” parking requirement
of 1 space per 27 square metres is used. However, that calculation would result in a requirement
of more than 50 spaces for the property. In such cases, where the plaza requirement cannot be
met, then individual use requirements are used.
The proposed three uses noted above, which do not occupy the entire building, would require 7 +
5 + 1 = 13 parking spaces. There are 14 – 15 spaces on site, which means that there 1 to 2
spaces remaining to be used for the unoccupied floor area of the building.
Parking Plan
In regards to the parking plan submitted with the application, it is noted that there is a shared
right-of-way agreement between 175 Borden Avenue South and 136 Ottawa Street South which
permits adequate turnaround room for vehicles, and therefore there are no concerns with access
and egress to the parking spaces. However, staff notes that there is no approved parking plan on
file and recommends that a parking plan be approved as a condition of this variance.
Staff also notes that the parking spaces, shown on the submitted plan, that are located directly in
front of the building are not legal spaces as they encroach onto City lands. Though these spaces
and others similar in the neighbourhood have existed for some time, they are not grandfathered
as they have never been legally established. Enforcement has not been made to have them
removed to date, but we cannot count them as parking spaces for the building. It is noted that in
the future, Light Rapid Transit along this street may impact those spaces and they will not
function.
Planning Analysis
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 and Zoning By-law. The intent of the parking
requirements are to ensure there are sufficient parking spaces for staff and clients. As noted by
Traffic staff in their review of the justification report, the report has determined that the parking
reduction will adequately serve the needs of the proposed tenants.
The variance is minor. In addition to the above noted justification report, it is noted that this
property is located close to existing transit and a future Light Rail Transit station. As well, it is
located in an area surrounded by residential uses and industrial businesses. It is reasonable to
expect that some residents, clients or employees will take advantage of public transit and
walking. The applicant has noted that the health office is for a physiotherapist use which requires
a large floor area for equipment, and therefore the 1 space per 15 square metres is excessive for
his client’s particular use. Staff recommends that it be noted that this approval is specifically for a
physiotherapist use.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
5.A 2014-072 (Cont’d)
The variance is appropriate for the development and use of the land for the following reason. All
the proposed uses are permitted and the parking reduction can be justified with the
implementation of transit measures noted below. The proposal appears appropriate for the use
of the property and surrounding streetscape.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 6, 2014, advising that this section of Borden Avenue South (Regional Road 66) is
identified as the future right-of-way for the Region’s Light Rail Transit project. While the Region of
Waterloo has no comments at this time, under a future development application (Site Plan,
Consent, Plan of Subdivision and/or Plan of Condominium) a 4m wide road dedication will be
required from this property. If a 4m wide road dedication is not obtainable, because of existing
building location(s), then the road dedication will be taken up to the building edge.
The Committee considered the report of the Grand River Conservation Authority (GRCA), dated
November 10, 2014, advising that although they have no concerns with this application, they
noted that the subject property contains both the flood fringe and floodway of the Two-Zone
Floodplain Policy Area associated with Schneider Creek. Consequently, a portion of the subject
property is regulated by the GRCA under Ontario Regulation 150/06. Any future development
within the regulated area on the subject lands will require the prior issuance of a permit pursuant
to Ontario Regulation 150/06.
Ms. L. Ratford and Mr. J. Gagne were in attendance in support of the subject application. Mr.
Gagne provided a brief summary of the application and noted that they were in support of the
staff recommendation.
In response to questions, Ms. von Westerholt advised that the comments provided by
Transportation Services regarding proposed Transportation Demand Management (TDM)
measures will be addressed as part of the Site Plan approval process.
Moved by Mr. B. McColl
Seconded by Mr.A. Lise
That the application of 2278815 Ontario Inc. requesting permission for a multi-tenant industrial
building to have a Health Office with 7 off-street parking spaces rather than the required 14; a
Canine and Feline Grooming and Training business with 5 off-street parking spaces rather
than the required 9; and, a manufacturing business (baker) to have 1 off-street parking space
rather than the required 2, on Lots 147 to 150, Plan 262, Part Closed Streets and Lanes, 175
BE APPROVED
Borden Avenue South, Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall submit and receive approval for an updated parking plan, to the
satisfaction of the City’s Planning Division.
2. That the “health office” use with a maximum gross floor area of 217 square metres shall
be used for a physiotherapist and accessory uses only.
3. That an implementation plan shall be submitted and approved to the satisfaction of the
City’s Transportation Demand Management Coordinator.
4. That the owner shall obtain a building permit from the City’s Building Division for any
change of use.
5. That the owner shall complete Conditions 1 to 4 by November 18th, 2015. Failure to do
so will result in the variance becoming null and void.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Carried
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
6. A 2014-073
Applicant:
2404445 Ontario Inc.
Property Location:
85 Gage Avenue
Legal Description:
Part Lot 13, Plan 402
Appearances:
In Support: J. Fryett
D. Freure
M. Zarkori
Contra: S. Patterson
Written Submissions: Lebreche Patterson & Associates on behalf of Air Boss of America
Corp (Air Boss)
The Committee was advised that the applicant is requesting permission to construct 3-storey
multi-residential townhomes with a total Floor Space Ratio (FSR) of 0.698 rather than the
permitted maximum (FSR) 0.6.
The Committee considered the report of the Planning Division, dated November 10, 2014,
advising that the subject property is zoned Residential Six Zone (R-6) in the Zoning By-law 85-1
and is designated Low Rise Residential in the City’s Official Plan. The subject property has site
plan approval for a 28-unit multiple dwelling residential development (presently under
construction). The owner intends to add more land area to the subject property to further develop
an additional multiple dwelling building with 16 residential units. As a result, the Floor Space Ratio
(FSR) (which is the figure obtained when the building floor area on a lot is divided by the lot area)
is proposed to increase from the current 0.6 to 0.698. As such, the applicant is requesting relief
from Section 40.2.6 of the Zoning By-law to allow an FSR of 0.698 rather than the required 0.6.
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:
Housing policies in the Official Plan favour a land use pattern which mixes and disperses a full
range of housing types within neighbourhoods. The site design of these different housing types
shall emphasize compatibility of built form, with respect to massing, scale, design and the
relationship of housing to adjacent buildings, streets and exterior areas. The subject lands are
designated Low Rise Residential (LLR) in the City’s Official Plan. The general intent of Floor
Space Ratio (FSR) requirements in the LLR designation is to regulate the massing and scale of a
development to ensure compatibility with surrounding areas. To further ensure compatibility, the
LLR designation does not allow residential buildings to exceed three storeys in height. The
policies in this designation further refine the intent of the housing policies as previously
mentioned.
The applicant is proposing a multiple residential development containing two buildings with a total
of 44 residential units. The two buildings will mirror each other in terms of built form with respect
to massing, scale and design. The buildings will utilize a design technique such as stepbacks
along the front façade for a compatible built form in relation to the streetline. The buildings will
maintain required setbacks along the perimeter of the property to avoid impacts to surrounding
properties. The buildings are also proposed to be a maximum of three storeys in height, in
compliance with the LLR designation as mentioned above. Staff also note that the building design
takes into consideration the grade change of the property from the high in the rear to low at the
front, which results in some of the exposed basement floor area contributing to the increased
FSR. It is staff’s opinion that design considerations have been addressed to ensure the
development is compatible with adjacent low rise residential exterior area and primary street and
as such, meets the general intent of the Official Plan.
The intent of the FSR regulation in the Zoning By-law is to ensure the new development is of a
scale and massing that is compatible with the surrounding low rise residential neighbourhood.
The applicant submitted a site plan that proposes a multiple residential development that
complies with the building setback regulations in the Zoning By-law, including the required
maximum building height. In terms of context of the area, staff note that there is a similar
development located west of the subject property. It is staff’s opinion that the design and location
of buildings on site will have minimal impacts on the surrounding low rise residential
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
6.A 2014-073 (Cont’d)
development. As such, it is staff’s opinion that the requested variance for increased FSR is
appropriate and meets the intent of the Zoning By-law.
The proposed variance can be considered minor and appropriate for the development and use of
the land for the above-noted reasons. It is staff’s opinion that the proposed minor variance will
have minimal impact of the surrounding low rise residential development due to the location and
orientation of buildings proposed on site.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 6, 2014, advising that they have no concerns with this application.
Mr. J. Fryett and Mr. D. Freure were in attendance in support of the subject application and the
staff recommendation. Mr. Fry provided a brief summary of the application noting that the
process for calculating FSR changed while the applicant was undergoing the Site Plan approval
process and under the new calculations the basement living space has increased the FSR
beyond the permitted maximum ratio of 0.6. He further advised they have conditional approval of
their Site Plan pending the Committee’s decision on the minor variance.
Mr. S. Patterson advised that he is in attendance on behalf of the neighbouring property owner
Air Boss of America Corp (Air Boss) located at 101 Glasgow Street. He noted that Air Boss does
not have any objections to the proposed variance application for an increased FSR pending the
Committee consider adding a condition requiring the owner to include a noise warning clause
referencing Air Boss and the company address in all offers of purchase, sale or rental
agreements.
Mr. Fryett advised that the owner has completed a similar noise warning clause due to the
proximity of the railway and would not object to the noise warning clause including a reference to
Air Boss as well. Mr. S. Bassanese advised that the noise warning clause for Air Boss could be
completed as part of the Site Plan approval process.
The Committee agreed to amend the staff recommendation to include a condition requiring the
applicant as part of the Site Plan approval process to include within the agreement being
prepared by the City Solicitor to include a noise warning clause for the provision of stationary
noise created by Air Boss of America Corp (Air Boss) located at 101 Glasgow Street.
Moved by Mr. B. McColl
Seconded by Mr.A. Lise
That the application of 2404445 Ontario Inc. requesting permission construct 3-storey multi-
residential townhomes with a total Floor Space Ratio (FSR) of 0.698 rather than the permitted
BE
maximum (FSR) 0.6, on Part Lot 13, Plan 402, 85 Gage Avenue, Kitchener, Ontario,
APPROVED
, subject to the following condition:
1. That the owner, as part of the Site Plan approval process, will include in their Site Plan
Agreement, under Section 41 of the Planning Act, a stationary noise warning clause
referencing AirBoss of America Corp. (AirBoss) located at 101 Glasgow Street, to the
satisfaction of the City’s Manager of Site Development and City Solicitor.
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.:
7. A 2014-074
Applicant:
8401398 Ontario Limited
Property Location:
1193 Fischer Hallman Road
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
- 267 -
Submission No.:
7.A 2014-074 (Cont’d)
Legal Description:
Lot 4, Plan 1470, being Parts 1 to 6 on Reference Plan 58R-17986
Appearances:
In Support: V. Bender
C. Pidgeon
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to add “Educational
Establishment” as a permitted use in an existing commercial plaza which is currently Zoned C-1,
321U.
The Committee considered the report of the Planning Division, dated November 10, 2014,
advising that the subject lands are located at 1193 Fischer Hallman Road and are being
developed with a commercial plaza containing five units. The property is designated Mixed Use
Two in the Rosenberg Secondary Plan and is zoned Convenience Commercial Zone (C-1) with
Special Use Provision 321U. The applicant is requesting a minor variance to Special Use
Provision 321U to add educational establishment as a permitted use.
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 Mixed Use Two in the Rosenberg Secondary Plan. The intent
of this designation is to provide commercial and office uses that serve the entire Rosenberg
Community and adjacent Planning Communities. Permitted community uses described in the
designation include educational establishment and as such, a use may occupy up to 25% of a
building. The Site Plan submitted in support of this application shows that the proposed
educational establishment will occupy 14.4% of the building. Therefore, staff is of the opinion that
the proposed use meets the intent of the Official Plan designation.
The Rosenberg Secondary Plan was approved in 2012, while the zoning on the site was last
considered in 2005. Therefore, the zoning which currently applies to the site has not yet ‘caught-
up’ with the new land use designation of Mixed Use Two. The City is currently undertaking a
Comprehensive Review of the Zoning By-law (CRoZBy). Through this process, the City will be
examining zoning throughout the City to ensure that zoning complies with the designations
contained in new Secondary Plans such as the Rosenberg Plan, and more broadly, new
designations which are contained in the City’s New Official Plan (adopted). As part of the
CRoZBy project, the subject lands will be considered for a comprehensive re-zoning to a zone
which will permit the range of uses permitted in the Rosenberg Secondary Plan.
Notwithstanding the ongoing Zoning By-law review, staff is of the opinion that the proposed
educational establishment use meets the intent of Zoning By-law 85-1. The subject lands are
zoned Convenience Commercial Zone (C-1) with Special Use Provision 321U. The C-1 Zone
permits convenience uses including convenience retail, financial establishment, gas bar, health
office, personal services and restaurant. Convenience commercial uses serve the needs of
residents in the immediate area. Special Use Provision 321U was added to the lands in 2005
and expands the range of permitted uses to also include craftsman shop, health clinic, religious
institution, studio and veterinary service. The intent of the special use provision is to permit a
broader range of commercial uses which serve the greater community, and which are compatible
with the surrounding residential development. Staff is of the opinion that a small educational
establishment is consistent with the range of uses permitted by Special Use Provision 321U and
will be compatible with the surrounding residential developments.
The proposed educational establishment will be located in a commercial plaza and will occupy
less than 25% of the building. As a planned commercial plaza, parking is calculated based on the
City’s plaza parking ratio of 1/27 sq. m. Therefore, the appropriate level of parking has already
been considered for the site as a whole. Transportation Services staff has not raised any
concern with the proposed use, and it is not expected to generate more traffic than other
permitted uses. Furthermore, the proposed use will comply with the appropriate setbacks and
other zoning by-law regulations of the C-1 Zone.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
7.A 2014-074 (Cont’d)
Staff is of the opinion that an “educational establishment” use is appropriate for the development
and use of the lands, and that a variance to add the use to Special Use Provision 321U is minor.
A small educational establishment is a use that is appropriately located in a planned commercial
plaza. The use will serve both immediate residents and the larger community and is
appropriately located near the intersection of two arterial roads (Bleams Road and Fischer
Hallman Road). The use does not generate noise, high levels of traffic, or any noxious emissions
which may not be compatible with nearby residential uses. It does not place a greater demand
on municipal services or roads than other uses permitted by the C-1, 321U zoning. Site plan
approval has been granted for the commercial plaza, and the proposed use does not require any
changes to the approved site plan. The proposed use is in keeping with the range of uses
permitted by the Mixed Use Two designation of the Rosenberg Secondary Plan and also
maintains the intent of the expanded range of uses permitted by Special Use Provision 321U.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 6, 2014, advising that they have no concerns with this application.
Messrs V. Bender and C. Pidgeon were in attendance in support of the subject application and
noted they are in support of the staff recommendation. Mr. Pidgeon provided a brief summary of
the application.
In response to questions, Mr. Bender advised that the February 28, 2015 deadline proposed in
Condition 2 was a sufficient amount of time to complete the recommended conditions.
Moved by Mr.A. Lise
Seconded by Mr. B. McColl
That the application of 2401398 Ontario Limited requesting permission to add “Educational
Establishment” as a permitted use in an existing commercial plaza which is currently Zoned C-
1, 321U, on Lot 4, Plan 1470, being Parts 1 to 6 on Reference Plan 58R-17986, 1193 Fischer
BE APPROVED
Hallman Road, Kitchener, Ontario, , subject to the following conditions:
1. That an educational establishment may only occupy up to 25% of the subject building
(202 sq.m.).
2. That the owner shall submit and obtain approval of an Occupancy Certificate application
for the educational establishment from the City’s Director of Planning, prior to February
28, 2015.
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.:
8. A 2014-075
Applicant:
Capital Homes Inc.
Property Location:
256 Evens Pond Crescent
Legal Description:
Lot 13, Registered Plan 58M-503
Appearances:
In Support: D. Jaworski
Contra: None
Written Submissions: None
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
8.A 2014-075 (Cont’d)
The Committee was advised that the applicant is requesting permission to construct a single
detached dwelling with a partially covered deck having a rear yard setback of 4.6m (15.09’) rather
than the required 7.5m (24.606’).
The Committee considered the report of the Planning Division, dated November 7, 2014, advising
that the subject property is zoned Residential Four (R-4) with Special Regulation Provision 465R
in the Zoning By-law. The property is designated Low Rise Residential in the City of Kitchener
Official Plan. The site is currently vacant and the surrounding area consists of newly developed
single detached dwellings and vacant lots.
The owner is seeking relief from Section 37.2.1 of the City of Kitchener Zoning By-law in order to
permit a rear yard setback of 4.6 metres rather than 7.5 metres for a single-detached dwelling
with an attached covered deck.
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 rear yard variance to construct an attached covered
deck for a single detached dwelling meets the intent of the Official Plan. The Low Rise
Residential designation allows for the development of a range of residential housing types,
including single detached dwellings. The requested reduced rear yard requirement to construct
the attached covered deck will continue to conform to the low density character of the
surrounding neighbourhood.
The proposed variance meets the intent of the Zoning By-law. The purpose of a rear yard setback
of 7.5 metres is to provide amenity space and to ensure there is adequate separation from
adjacent properties. Due to an angled rear lot line, the proposed covered deck with a rear yard
setback of 4.6 metres will still allow for an amenity space and will not impact adjacent properties,
considering it backs onto open space.
The requested variance is minor. Staff is of the opinion that the requested variance will still
provide an adequately sized rear yard and will not negatively affect adjacent properties or the
surrounding neighbourhood as the property backs onto open space. The proposed covered deck
area will also provide passive outdoor amenity space.
The proposed variance is appropriate for the development and use of the land as the residential
use is a permitted use in the Zoning By-law. The scale, massing, and height of the single-
detached dwelling is appropriate and consistent with the character of the other newly developed
dwelling in the neighbourhood. 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
November 6, 2014, advising that they have no concerns with this application.
Moved by Mr. B. McColl
Seconded by Mr.A. Lise
That the application of Capital Homes Inc. requesting permission to construct a single
detached dwelling with a partially covered deck having a rear yard setback of 4.6m (15.09’)
rather than the required 7.5m (24.606’), on Lot 13, Registered Plan 58M-503, 256 Evens Pond
BE APPROVED
Crescent, Kitchener, Ontario, , subject to the following condition:
1. That the owner shall obtain a building permit for the proposed dwelling and attached
covered deck, to the satisfaction of the Building Division.
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.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
- 270 -
Submission No.:
8.A 2014-075 (Cont’d)
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.:
9. A 2014-076
Applicant:
2040799 Ontairo Limited
Property Location:
400 King Street West
Legal Description:
Part Lots 6 and 7, Plan 41
Appearances:
In Support: A. Bousfield
K. Shiry
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission for an existing retail
building to have a storefront glazing of 33% whereas the By-law requires storefronts at grade
level to have 50% glazing or showcase.
The Committee considered the report of the Planning Division, dated November 5, 2014, advising
that the subject property is located at 400 King Street West at the corner of Francis Street North
and the rear of the property is bounded by Bell Lane. The lands are zoned Retail Core (D1) in the
Zoning By-law 85-1 and designated Downtown City Centre District in the City’s Official Plan. A
new Beer Store is currently being constructed on the site. The Beer Store site has been
relocated from its former location at the northeast corner of King Street West and Victoria Street
South due to the proposed redevelopment of the site for the future Light Rapid Transit Hub. The
proposed use is permitted under Section 14 of Zoning Bylaw 85-1.
The applicant has obtained site plan approval SP13/124/K/LT by the City’s Manager of Site
Development and Customer Service. The façade elevations, as approved through the site plan
process, satisfy the 50% façade openings requirement as set out in section 14.3 of the Zoning
By-law 85-1. Due to specific tenant requirements, the applicant is requesting relief from Section
14.3 of the Zoning By-law 85-1 to allow 33% façade openings rather than the 50% required. The
variance is required as the interior uses of the building, such as washroom facilities, loading, retail
display, check-out and storage rooms, have specific locational requirements which have
constrained the interior space and therefore required the façade openings to decrease in size.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments:
Section 15.D.2.27 Part D Urban Design of the City’s Official Plan States that a high quality of
urban design will be expected of the buildings, building elevations, building massing, storefronts,
store signs, patios and streetscapes. The building consists of pre-cast brick and stone that is
complimentary to the existing streetscape. Canopies and glazing have been incorporated along
the King Street façade and the roofline is well articulated. It is staff’s opinion that the building,
through its use of high quality materials, vision glass in combination with spandrel panels and
canopies, meets the intent of the Official Plan for high quality urban design and continues to
contribute to the streetscape in spite of the requested variance.
Section 14.3 Façade Openings of the City of Kitchener Zoning By-law requires that 50% of the
area of the ground floor façade shall be devoted to display windows or entrances. The intent of
the minimum façade opening regulation is to ensure a development that will enhance and
animate the pedestrian experience by requiring appropriate façade treatments such as windows
and door openings to minimize the appearance of blank walls. Due to the commercial retail use
and internal program elements that are noted above, staff feel that these uses would not animate
the public realm in a beneficial manner and the reduction in glazing is beneficial. Staff also note
that the façade as proposed with the reduced openings still visually represents fifty percent of the
total façade (see Figures 1 and 2). It is also staffs opinion that members of the general public will
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
9.A 2014-076 (Cont’d)
not notice the reduced glazing and the streetscape will not be impacted by the reduction in the
glazing. It is staff’s opinion that the minor variance request for reduced façade openings for the
King Street North facade meets the intent of Zoning By-law 85-1.
Part B of the City of Kitchener Urban Design Manual contains Design Briefs related to various
areas within the City of Kitchener. Part B Section 5 of the Manual deals specifically with the
Downtown Core and the City Centre District which this development is located within. The City
Centre District Design Brief notes that storefronts should maximize the use of glass to create a
transparent open concept ground level. The intent of this is to animate the ground level with views
into and out of the building of active uses within the building. Due to the unique tenant and limited
floor space, certain usages internal to the building were forced along the King Street facade.
These internal uses include washrooms, bottle return and recycling. It is staffs opinion that
washrooms and bottle recycling usages would not animate nor contribute to the streetscape
along King Street which is the intent of using glazing on the main floor. Therefore, staff feel it is
desirable to reduce the amount of glazing to screen the internal non-complimentary usages while
maintaining views into the building to more complimentary uses (i.e. lobby and retail area).
Staff feel that the development is appropriate for the use of land and is therefore considered
minor.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 6, 2014, advising that they have no concerns with this application.
Moved by Mr.A. Lise
Seconded by Mr. B. McColl
That the application of 2040799 Ontario Limited requesting permission for an existing retail
building to have a storefront glazing of 33% whereas the By-law requires storefronts at grade
level to have a minimum of 50% glazing or showcase, on Part Lots 6 and 7, Plan 41, 400 King
BE APPROVED
Street West, Kitchener, Ontario, , subject to the following condition:
1. That the variance as approved in this application shall apply only to the development
shown on the site plan finally approved under application SP13/124/K/LT
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan
is being maintained on the subject property.
Carried
CONSENT
Submission Nos.:
1. B 2014-107
Applicant:
Ken Murphy
Property Location:
145 Joseph Street
Legal Description:
Part Lot 1, Registered Plan 427
Appearances:
In Support: K. Murphy
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
in the rear yard of 145 Joseph Street having a width of 12.802m (42.00’), a depth of 11.582m
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
- 272 -
Submission No.:
1. B 2014-107 (Cont’d)
(38’); and, an area 151.08 sq.m. (1626.21 sq.ft) to be conveyed as a lot addition to 15 Heins
Avenue. The retained parcel will have a width on Joseph Street of 12.802m (42’); a depth of
28.02m (91.93’); and, an area of 358.64 sq.m. (3860.69 sq.ft). Both parcels will continue to be
used as residential.
The Committee considered the report of the Planning Division, dated November 7, 2014, advising
that the subject properties are located near the intersection of Joseph Street and Heins Avenue
and share a property line at the rear of each property and are designated Low Rise Conservation
Residential in the City’s Victoria Park Secondary Plan (Official Plan) and are zoned Residential
Five (R-5) in the City’s Zoning By-law. The properties are located within the Victoria Park Area
Heritage Conservation District (VPHCD) and designated under Part V of the Ontario Heritage Act.
The owner is proposing to sever a portion of the rear yard of 145 Joseph Street (an area
measuring approximately 12.8 metres wide by approximately 11.5 metres deep, totalling 151.08
square metres) and add it to 15 Heins Avenue as a lot addition.
The retained lot (145 Joseph Street) will continue to be developed with a single detached
dwelling, and have 12.802 metres of frontage on Joseph Street, a lot depth of 28.02 metres and a
new lot area of 358.64 square metres.
The property addressed as 15 Heins Avenue is proposed to be further developed as a three-unit
multiple dwelling with associated parking and amenity space in the rear.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c.P.13, the uses of the severed and retained parcels are in conformity with the
City’s Official Plan; the dimensions and shapes of the proposed lot is appropriate and suitable for
the existing and proposed use, the lands front on an established public street, and adequate
utilities and municipal services are available.
Properties designated as Low Rise Conservation in the Victoria Park Neighbourhood Secondary
Plan are planned to retain the existing low-rise, low-density residential character of the
Neighbourhood. Preservation of the built scale of development shall be encouraged through the
retention of the existing housing stock and subdivision of the existing housing stock to create
multiple unit dwellings.
While the proposed lot addition will result in an unusual lot configuration, the changes to the lot
configuration have no impact on the streetscape or the public realm. Further, the proposed lot
configuration does not result in any concerns with respect to emergency or rear yard access,
stormwater management, or servicing.
Heritage Comments:
Heritage Planning staff has no concerns with the proposed lot addition to 15 Heins Avenue. The
properties municipally addressed as 145 Joseph Street and 15 Heins Avenue are located within
the Victoria Park Area Heritage Conservation District (VPHCD) and designated under Part V of
the Ontario Heritage Act. Alterations within the VPHCD are regulated by the policies and
guidelines found within the VPHCD Plan. The main goal of the plan is to conserve buildings,
landscapes, streetscapes and the overall character of the area. Please note that future
development on the subject property will require, at minimum, a Heritage Permit Application. The
VPHCD Plan contains specific policies and guidelines for building additions, building conversions
and building demolitions. The owner is encouraged to contact Heritage Planning staff to discuss
future plans for the property.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
November 7, 2014, advising that they have no objections to this application.
Mr. K. Murphy was in attendance in support of the proposed consent application, noting he is in
agreement with the staff recommendation. In response to questions, he advised that he intends
to convert the property municipally addressed as 15 Heins Avenue from a duplex to a triplex;
completing the lot addition would enable relocation of the required parking from the front yard to
the rear yard, providing additional outdoor amenity space to the property.
Moved by Mr. A. Lise
Seconded by Ms. J. Meader
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
- 273 -
Submission No.:
1. B 2014-107 (Cont’d)
That the application of Ken Murphy requesting permission to sever a parcel of land in the rear
yard of 145 Joseph Street having a width of 12.802m (42.00’), a depth of 11.582m (38’); and,
an area 151.08 sq.m. (1626.21 sq.ft) to be conveyed as a lot addition to 15 Heins Avenue, on
BE GRANTED
Part Lot 1, Registered Plan 427, 145 Joseph 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 lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include that
any subsequent conveyance of the parcel to be severed shall comply with Sections
50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
4. That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an
Application Consolidation Parcels immediately following the registration of the
Severance Deed and prior to any new applicable mortgages, and to provide a copy of
the registered Application Consolidation Parcels to the City Solicitor within a reasonable
time following registration.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and
the retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan
and the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the
above-noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee
shall lapse two years from the date of approval, being November 18, 2016.
Carried
COMBINED APPLICATIONS:
Submission Nos.:
1. B 2014-108, B 2014-109, A 2014-077 and A 2014-078
Applicant:
K-W Habilitation Services
Property Location:
108 Sydney Street South and 99 Ottawa Street South
Legal Description:
Lots 81 to 92 and Part Lot 162, Streets and Lanes, Plan 262, being
Parts 1 and 2 on Reference Plan 58R-17708
Appearances:
In Support: A. Bilodeau
B. Dahms
M. Bolen
M. Wee Armour
B. Pitts
Contra: J. Hancox
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
- 274 -
Submission Nos.:
1. B 2014-108, B 2014-109, A 2014-077 and A 2014-078 (Cont’d)
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
municipally addressed as 108 Sydney Street South from 99 Ottawa Street South, having a width
on Sydney Street South of 36.322m (119.16’) and a northerly depth of 43.5m (142.72’).
Permission is also being requested to grant easements between 108 Sydney Street South & 99
Ottawa Street South. The first easement required is for reciprocal vehicular and pedestrian
access identified as proposed easement # 1 on the plan provided with the applications over the
entire length of the drive aisle on both 108 Sydney Street South & 99 Ottawa Street South; the
second easement is irregular shaped identified as proposed easement # 2 on the Plan is located
on 108 Sydney Street South in favour of 99 Ottawa Street South for underground services and
maintenance; the third easement identified as proposed easement # 3 on the Plan is located in
the rear yard of 99 Ottawa Street South in favour of 108 Sydney Street South for building
maintenance. In addition, minor variances have been requested for 99 Ottawa Street South to
provide 43 off-street parking spaces for the existing office and commercial school rather than the
required 69 off-street parking spaces; and for 108 Sydney Street South to have a rear yard
setback of 2.2m (7.22’) rather than the required 7.5m (24.606’); and, 18 off-street parking spaces
for the proposed 22-unit multiple dwelling rather than the required 28 off-street parking spaces.
The Committee considered the report of the Planning Division, dated November 7, 2014, advising
that the subject property is located between Charles Street and Nyberg Street, having frontage on
both Ottawa Street South and Sydney Street South. The front portion of the property is
addressed as 99 Ottawa Street South and the rear portion of the property is addressed as 108
Sydney Street South.
The owner has applied for consent to sever the land into two parcels, one having frontage on
Ottawa Street South and the other having frontage on Sydney Street South. The retained parcel,
municipally addressed as 99 Ottawa Street South, has recently undergone site plan approval and
has been developed with K-W Habilitation’s new office and training centre.
The rear portion of the site, municipally addressed 108 Sydney Street South, is presently vacant
and is proposed to be developed with a 22-unit multiple dwelling to be owned and operated by K-
W Habilitation. A site plan application has been submitted and is in the review process. 108
Sydney Street South will be the severed parcel.
Please note that the applicant erroneously identified the severed and retained parcels on the
consent applications. For clarification, 99 Ottawa Street South will be the retained parcel and 108
Sydney Street South will be the severed parcel.
In addition to the consent to sever, the applicant is also requesting consent to create easements
on both the retained and severed parcels of land.
The proposed severance of the property will also require approval of three minor variances - a
parking reduction for each resulting parcel and a reduced rear yard setback for the severed
parcel (108 Sydney Street South).
The properties are designated Medium Density Commercial Residential in the Mill Courtland
Woodside Park Neighbourhood Plan and are zoned Commercial-Residential Two Zone (CR-2)
with Special Regulation Provision 1R. Both the Official Plan designation and zoning permit the
use of office and commercial school on 99 Ottawa Street South and the proposed multiple
dwelling on 108 Sydney Street South.
The applicant is requesting the following consent and minor variance considerations:
B 2014-108:
Permission to sever a parcel of land municipally addressed as 108 Sydney Street South from 99
Ottawa Street South, having a width of 36.322 metres on Sydney Street South and a northerly
depth of 43.5 metres.
B 2014-109:
To create an easement for reciprocal vehicular and pedestrian access, identified as proposed
easement #1 on the plan provided with the application over the entire length of the drive aisle on
both 108 Sydney Street South and 99 Ottawa Street South; and
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
- 275 -
Submission Nos.:
1. B 2014-108, B 2014-109, A 2014-077 and A 2014-078 (Cont’d)
To create an irregular shaped easement identified as proposed easement #2 on the plan
provided with the application for underground services and maintenance located on 108 Sydney
Street South in favour of 99 Ottawa Street South; and
To create a building maintenance easement identified as proposed easement #3 on the plan
provided with the application located in the rear yard of 99 Ottawa Street South in favour of 108
Sydney Street South.
A 2014-077:
Relief from Section 45.3.6 to allow a rear yard setback of 2.213 metres rather than the required
7.5 metres; and
Relief from Section 6.1.2 to provide 18 parking spaces rather than the required 28 parking
spaces.
A 2014-078:
Relief from Section 6.1.2 to provide 43 parking spaces rather than the required 69 parking
spaces.
Planning Comments and Rationale:
Consent and Easement Considerations:
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c. P. 13, staff is satisfied that the proposed severance to create a parcel of land
having a frontage of 36.322 metres on Sydney Street South and a northerly depth of 43.5 metres,
and easements for reciprocal pedestrian and vehicular access, underground storm sewers and
maintenance and a building maintenance easement are appropriate and suitable for the subject
properties to accommodate the existing development on the retained lands and the future the
multiple dwelling development on the severed lands. Both parcels are owned and managed by
the same parent company (K-W Habilitation Services) and the two properties, while being
independent of one another will provide support for each other.
The proposed consent conforms to the Official Plan, does not conflict with the Provincial Policy
Statement issued under Subsection 3 (1) of the Planning Act, and conforms to the Growth Plan
for the Greater Golden Horseshoe.
Minor Variance Considerations:
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.
A 2014-077 (108 Sydney Street South):
The variances for reduced rear yard setback and parking reduction for the proposed multiple
dwelling development meet the intent of the Official Plan, as the Medium Density Commercial
Residential designation supports the development of the property as a multiple dwelling and the
siting and design of the building will be compatible with the surrounding buildings.
The variances meet the intent of the Zoning By-law as the Commercial-Residential Two Zone
permits the use of the property as a multiple dwelling, and the reduced rear yard setback will be
mitigated with an easement on the adjacent lands for building maintenance purposes. The
parking reduction meets the intent of the Zoning By-law as 18 parking spaces will be maintained
on the property for the use by residents. It is anticipated that 8 of the future 22 units will be
occupied by persons with disabilities that do not hold a driver’s license, thereby reducing the need
for on-site parking.
The variances are considered minor and appropriate for the following reasons. In the opinion of
staff, the reduced rear yard setback will still provide adequate area at the rear of the building and
the maintenance easement will ensure that there is no impact on the adjacent property. The
parking reduction will continue to provide adequate spaces on site for the future tenants of the
multiple dwelling. In addition, public transit is available on Ottawa Street South to serve the
property.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission Nos.:
1. B 2014-108, B 2014-109, A 2014-077 and A 2014-078 (Cont’d)
A 2014-078 (99 Ottawa Street South):
The variance for a parking reduction for the existing office and commercial school meets the
intent of the Official Plan as the Medium Density Commercial Residential designation supports
the use of the property as an office and commercial school.
The variance meets the intent of the Zoning By-law as the Commercial-Residential Two zone
permits the use of the property as an office and commercial school and there is no expected
parking requirement for any of the adults supported by K-W Habilitation, as none of these adults
hold a driver’s license. The daytime parking requirement on site is devoted to employees, the
majority of whom work off-site in the community. There are approximately 12 full-time staff that
work in the office on a regular basis. Providing 43 parking spaces on site will adequately meet
the needs of the use.
The variance is considered minor and appropriate for the following reasons. In the opinion of
staff, adequate parking will be maintained on site for staff use and will not have an impact on any
adjacent properties. Furthermore, public transit is available on Ottawa Street South.
Building Comments:
B 2014-108 & B 2014-109:
The Building Division has no objections to the proposed consent.
A 2014-077:
The Building Division has no objections to the proposed variance provided a building permit for
the proposed construction is obtained prior to construction. Note that the design/permit plans
must take into account spatial separation based on the reduced rear yard setback. Also note that
a RSC will be required for this property based on previous industrial use.
A 2014-078:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
B 2014-108 & B 2014-109:
Transportation Services has no concerns with the proposed severance and easements.
A 2014-077:
Transportation Services has reviewed the “Parking Reduction Justification Letter” submitted by
ABA Architects which accompanied the site plan for 108 Sydney Street South, and support a
reduction of 10 off-street parking spaces to provide 18 off-street parking spaces rather than the
28 required.
A 2014-078:
Transportation Services has reviewed the “Parking Reduction Justification Letter” submitted by
ABA Architects which accompanied the site plan for 99 Ottawa Street South, and support a
reduction of 26 off-street parking spaces to provide 43 off-street parking spaces rather than the
69 required.
Engineering Comments:
A 2014-077 & A 2014-078:
The Engineering Division has no concerns.
B2014-108:
The Engineering Division has no concerns.
B 2014-109:
1. The proposed underground storm sewer and maintenance easement on the severed
parcel (108 Sydney Street South) must be either twice the depth of the services or a
minimum of 5.0m wide. To ensure the proposed location and width is acceptable
Engineering will require a servicing plan showing outlets to the municipal servicing system,
to the satisfaction of the Engineering Division prior to the change in lot lines. A reference
plan showing the proposed easement must accompany the servicing plan.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission Nos.:
1. B 2014-108, B 2014-109, A 2014-077 and A 2014-078 (Cont’d)
2. All other Engineering Division requirements will be addressed through the Site Plan
Approval process.
Operations Division Comments:
A 2014-077 & A 2014-078:
The Operations Division has no concerns.
B 2014-108 & B 2014-109:
Park land dedication will not be required for 99 Ottawa Street South. Park land dedication is not
required as a condition of the consent application for 108 Sydney Street South but will be
deferred to and further considered in the context of the site plan application for 108 Sydney Street
South.
The Committee considered the report of the Region of Waterloo Principal Planner, dated
November 7, 2014, advising that although they have no objections to Submission Nos. B 2014-
108 and B 2014-109, they noted that the purpose of the applications are to sever a parcel of land
municipally addressed as 108 Sydney Street South (referred to as the severed lands) from 99
Ottawa Street South (referred to as the retained lands), having a width on Sydney Street South of
36.322m (119.16’) and a northerly depth of 43.5m (142.72’). Permission is also being requested
to grant easements between 108 Sydney Street South and 99 Ottawa Street South.
The first easement required is for reciprocal vehicular and pedestrian access, identified as
proposed easement #1 on the Plan provided with the applications, over the entire length of the
drive aisle on both 108 Sydney Street South and 99 Ottawa Street South; the second easement
is irregular-shaped identified, identified as proposed easement #2 on the Plan, is located on 108
Sydney Street South in favour of 99 Ottawa Street South for underground services and
maintenance; the third easement, identified as proposed easement #3 on the Plan, is located in
the rear yard of 99 Ottawa Street South in favour of 108 Sydney Street South for building
maintenance.
In addition, minor variances have been requested for 99 Ottawa Street South to provide 43 off-
street parking spaces for the existing office and commercial school rather than the required 69
off-street parking spaces; and for 108 Sydney Street South to have a rear yard setback of 2.2m
(7.22’) rather than the required 7.5m (24.606’); and, 18 off-street parking spaces for the proposed
22-unit multiple dwelling rather than the required 28 off-street parking spaces.
Rapid Transit:
Light Rail Transit (ION) is planned to be northbound running along the 99 Ottawa Street South
frontage of this property.
The Community Building Strategy (CBS) provides an overall framework and vision for the entire
Rapid Transit route and specific Station Areas. It identifies the characteristics of the Ottawa
/Borden Station as containing Brownfield Sites, fragmented neighborhoods and numerous vacant
and marginally used industrial uses. Increased densities and mixed uses are generally
encouraged in the vicinity of Major Transit Stations and it is anticipated that this area be a
gateway to a new urban village and be a significant transfer point between the Rapid Transit
system and iXpress network.
Site Contamination:
The site is identified in the Region’s Threats Inventory Database as containing contamination as it
contained former industrial uses. 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.
For 108 Sydney Street (severed lands), a Record of Site Condition is required as per O’Reg
153/04 for the change in use to a more sensitive land use. In accordance with Regional
Guidelines, the City of Kitchener Chief Building Official has provided a letter dated October 30,
2014 verifying that a Record of Site Condition will be required prior to issuance of a residential
building permit. Regional staff are satisfied than an RSC is not required as a condition of the
consent application for 108 Sydney Street (severed portion).
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission Nos.:
1. B 2014-108, B 2014-109, A 2014-077 and A 2014-078 (Cont’d)
For 99 Ottawa Street South (retained lands), Regional staff have met to discuss the existing
conditions of the development and environmental conditions of the site. Based on the review,
Regional staff have requested further information from the Developer pertaining to the existing
environmental conditions and potential ground water and off-site impacts resulting from the
existing environmental conditions of the site.
Rather than requesting a deferral, in order for the consents to proceed, which assists the
timelines for the affordable housing project at 108 Sydney Street, Regional staff have included
the requirement for a Record of Site Condition or further environmental documentation to be
provided to the satisfaction of the Region as a condition of approval to allow for further research
and discussion pertaining to the environmental conditions of the site.
Transportation Planning Site Plan Requirements:
Regional Transportation Planning requirements including an access permit, 4.93 metre road
widening, lot grading and grading plans and stormwater management for 99 Ottawa Street have
been satisfactorily addressed as part of the site plan approval process.
Transportation Noise:
108 Sydney Street (severed lands) are in close proximity to Ottawa Street South (Regional Road
No. 4). Due to the high traffic volumes on this road the Developer is typically required to prepare
a Transportation Noise Study to indicate the 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.
Under the circumstances, 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 to be included 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 Ottawa
Street South (Regional Road No. 4) 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”.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated
November 63, 2014, advising that they have no concerns with Submission Nos. A 2014-077 and
A 2014-078.
The Committee considered the report of the Grand River Conservation Authority (GRCA), dated
November 10, 2014, advising that although they have no concerns with these applications, they
noted that a portion of the subject properties are within the floodway of a Tow-Zone Floodplain
Policy Area associated with Schneider Creek, as well as the allowances associated with these
features. Consequently, the property is regulated by the GRCA under Ontario Regulation 150/06.
Any future development within the regulated area on the subject lands will require the prior
issuance of a permit pursuant to Ontario Regulation 150/06.
The Committee considered comments from a neighbouring property owner, noting that they have
concerns with respect to this driveway being used not only by K-W Habilitation staff, people
accessing services at 99 Ottawa Street and future residents at 108 Sydney Street, but also
becoming a short cut for traffic (vehicular, pedestrian and bicycle) between Ottawa Street and
Sydney Street, thereby increasing traffic congestion on Sydney Street.
Ms. A. Bilodeau , Ms. M. Wee Armour and Messrs. B. Dahms and M. Bolen were in attendance in
support of the proposed applications. Messrs. Dahms and M. Bolen provided a brief summary of
the applications and advised that they were in support of the staff recommendation.
Ms. J. Hancox advised that she is a neighbouring property owner and her primary concern is for
increased traffic on Sydney Street due to the proposed development and that the driveway
easement providing access straight through from Sydney Street to Ottawa Street South will be
used as a cut-through for other vehicle traffic.
In response to the concerns about increased traffic on Sydney Street, Mr. D. Pimentel advised
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission Nos.:
1. B 2014-108, B 2014-109, A 2014-077 and A 2014-078 (Cont’d)
that Sydney Street is currently undergoing a traffic calming review and various traffic calming
measures have already been installed to decrease the speed of traffic. He noted that in 2015,
staff will complete a follow-up report to Council which will include the amount of traffic that
currently uses the street as well as the average speed that is travelled following the
implementation of the traffic calming measures.
The Chair questioned whether on-traffic calming measures were being proposed to try and
eliminate cut-through traffic. Mr. Bolen advised that the applicant will own and operate both
buildings; the existing building will continue to operate as the Office building for KW Habilitation
Services. He stated that the proposed development is intended for affordable housing project.
He indicated that the applicant is proposing a reciprocal drive access to accommodate the
accessibility transportation needs of the patrons attending the site.
Ms. A. Bilodeau advised the she has spoken with Ms. Hancox regarding her concerns and noted
it is also her intention to discourage vehicles cutting through the property. Ms. Bilodeau stated
the proposed reciprocal drive access will assist with the Grand River Transit Mobility vehicles
entering the property on one side rather than being required to find a way to reverse; they will be
able to exit safely on the opposite street. She further advised that surveillance cameras have
already been installed, and it is their intention to install speed bumps and signage to mitigate cut-
through traffic.
The Chair requested that the staff recommendation for the minor variance be amended to include
a condition requiring the applicant to undertake on-site traffic calming measures through the Site
Plan approval process.
Submission No. B 2014-108
Moved by Mr. B. McColl
Seconded by Mr.A. Lise
That the application of K-W Habilitation Services requesting permission to grant two easements in
favour of 108 Sydney Street South; the first easement required is for reciprocal vehicular and
pedestrian access, identified as proposed easement # 1 on the plan submitted with the
application, over the entire length of the drive aisle on both 108 Sydney Street South & 99 Ottawa
Street South; the second easement, identified as proposed easement # 3 on the Plan, is
rectangular in shape located in the rear yard of 99 Ottawa Street South in favour of 108 Sydney
Street South for building maintenance, on Lots 81-92 and Part Lot 162, Streets and Lanes, Plan
262, being Parts 1 and 2 on Reference Plan 58R-17708, 99 Ottawa Street South, 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 retained and severed lands shall enter into a joint maintenance
agreement to be approved by the City Solicitor, to ensure that the said easement is
maintained in perpetuity, which agreement shall be registered on title immediately
following the Transfer Easement.
4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and
immediately thereafter, the approved joint maintenance agreement, be provided to the City
Solicitor.
5. The City Solicitor shall be provided with copies of the registered Transfer Easement and
joint maintenance agreement immediately following registration.
6. That a satisfactory Solicitor’s Undertaking agreeing to register the easements over both
the retained and severed lands as required be provided to the City Solicitor.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission Nos.:
1. B 2014-108, B 2014-109, A 2014-077 and A 2014-078 (Cont’d)
7. That the owner shall submit a reference plan showing the proposed underground storm
sewer and maintenance easement along with a servicing plan showing outlets to the
municipal servicing system, to the satisfaction of the Engineering Division.
8. That the owner shall complete a Record of Site Condition (for 99 Ottawa Street South, the
retained parcel from Consent application B 2014-109) in accordance with Ontario
Regulation 153/04. Two (2) copies of the completed Record of Site Condition and Ministry
acknowledgment must be forwarded to the Regional Municipality of Waterloo; OR the
Developer provides environmental documentation to the satisfaction of the Regional
Municipality of Waterloo.
9. That Minor Variance Applications A 2014-077 and A 2014-078 receive final approval.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being November 18, 2016.
Carried
Submission No. B 2014-109
Moved by Mr. B. McColl
Seconded by Mr.A. Lise
That the application of K-W Habilitation Services requesting permission to sever a parcel of land
municipally addressed as 108 Sydney Street South from 99 Ottawa Street South, having a width
on Sydney Street South of 36.322m (119.16’) and a northerly depth of 43.5m (142.72’).
Permission is also being requested to grant two easements in favour of 99 Ottawa Street South;
the first easement proposed as easement #1 on the Plan submitted with the application is for
reciprocal vehicular and pedestrian access over the entire length of the drive aisle on both 108
Sydney Street South & 99 Ottawa Street South; the second easement is irregular shaped
identified as proposed easement # 2 on the Plan in favour of 99 Ottawa Street South for
underground services and maintenance, on Lots 81-92 and Part Lot 162, Streets and Lanes, Plan
262, being Parts 1 and 2 on Reference Plan 58R-17708, 108 Sydney Street South, 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 retained and severed lands shall enter into a joint maintenance
agreement to be approved by the City Solicitor, to ensure that the said easement is
maintained in perpetuity, which agreement shall be registered on title immediately
following the Transfer Easement.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission Nos.:
1. B 2014-108, B 2014-109, A 2014-077 and A 2014-078 (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 shall be provided with copies of the registered Transfer Easement and
joint maintenance agreement immediately following registration.
6. That a satisfactory Solicitor’s Undertaking agreeing to register the easements over both
the retained and severed lands as required be provided to the City Solicitor.
7. That the owner shall submit a reference plan showing the proposed underground storm
sewer and maintenance easement along with a servicing plan showing outlets to the
municipal servicing system, to the satisfaction of the Engineering Division.
8. That the owner shall prepare a Transportation Noise Study for the severed land, to the
satisfaction of the Region, to indicate the methods to be used to abate traffic noise levels
from Ottawa Street South for all units and if necessary, the Developer 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
Ottawa Street South (Regional Road No. 4) 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”.
9. That Minor Variance Applications A 2014-077 and A 2014-078 receive final approval.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being November 18, 2016.
Carried
Submission No. A 2014-077
Moved by Mr. B. McColl
Seconded by Mr.A. Lise
That the application of K-W Habilitation Services requesting permission to have a rear yard
setback of 2.2m (7.22’) rather than the required 7.5m (24.606’); and, 18 off-street parking spaces
for the proposed 22-unit multiple dwelling rather than the required 28 off-street parking spaces, on
Lots 81-92, Plan 262, Part Lot 162, Streets and Lanes, being Parts 1 and 2 on Reference Plan
BE APPROVED
58R-17708, 108 Sydney street South, Kitchener, Ontario, , subject to the
following condition:
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission Nos.:
1. B 2014-108, B 2014-109, A 2014-077 and A 2014-078 (Cont’d)
1. That the owner shall implement on-site traffic calming measures through the Site Plan
approval process, to the satisfaction of the City’s Manager of Site Development and
Customer Service in consultation with the Director of Transportation Services.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is
being maintained on the subject property.
Carried
Submission No. A 2014-078
Moved by Mr. B. McColl
Seconded by Mr.A. Lise
That the application of K-W Habilitation Services requesting permission to provide 43 off-street
parking spaces for the existing office and commercial school rather than the required 69 off-street
parking spaces, on Lots 81-92 and Part Lot 162, Plan 262, Streets and Lanes, Plan 262, being
BE
Parts 1 and 2 on Reference Plan 58R-17708, 99 Ottawa Street South, Kitchener, Ontario,
APPROVED
, subject to the following condition:
1. That the owner shall implement on-site traffic calming measures through the Site Plan
approval process, to the satisfaction of the City’s Manager of Site Development and
Customer Service in consultation with the Director of Transportation Services.
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
CHANGE OF CONDITIONS:
Submission Nos.:
1. CC 2014-001
Applicant:
David and Mary Jane Lehmann
Property Location:
87 Ellis Avenue
Legal Description:
Part Lot 24, Subdivision of Lot 4, German Company Tract
Appearances:
In Support: D. Lehmann
Contra: None
Written Submissions: None
The Committee was advised that the applicants are requesting permission to change the
conditions of Provisional Consent application B 2013-055, granted by the Committee of
Adjustment on December 10, 2013 to required Conditions 1, 5, 6 and 7 relating to Engineering
Services be included in a severance agreement to be completed prior to a building permit.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
1. CC 2014-001 (Cont’d)
The Committee considered the report of the Planning Division, dated November 3, 2014, advising
that on December 10, 2013, consent application B 2013-055 and minor variance application A
2013-056 to create a residential lot were approved by the Committee. A number of these
conditions required the owner to satisfy engineering requirements prior to endorsement of the
deed. The owner has now submitted a change of condition application requesting that conditions
1, 5, 6, and 7 of the Committee’s decision be put into a registered agreement to be fulfilled prior to
issuance of a building permit. Engineering staff has indicated they have no concerns, providing
those Conditions are placed in an Agreement, registered on title and are to be cleared prior to
issuance of a building permit.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
November 7, 2014, advising that they have no objections to this application.
Moved by Mr. B. McColl
Seconded by Mr. A. Lise
That the application of David & Mary Jane Lehman requesting permission to change the
conditions of Provisional Consent application B 2013-055, granted by the Committee of
Adjustment on December 10, 2013 to required Conditions 1, 5, 6 and 7 relating to Engineering
Services be included in a severance agreement to be completed prior to a building permit, on
Part Lot 24, Subdivision of Lot 4, German Company Tract, 87 Ellis Avenue, Kitchener, Ontario,
BE GRANTED
, subject to the following conditions:
1. That the owner shall make satisfactory arrangements be made with the City of Kitchener
for the payment of any outstanding municipal property taxes and/or local improvement
charges.
2. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park
dedication equal to 5% of the value of the lands to be severed.
3. 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 one full
size paper copy 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.
4. That the owner shall enter into an agreement with the City of Kitchener to be prepared by
the City Solicitor and registered on title of the severed lot which shall include the following:
“That prior to any grading or the application or issuance of a building permit, the
owner shall submit a plan, prepared by a qualified consultant, to the satisfaction
and approval of the City’s Director of Planning showing:
(i) the proposed location of all buildings (including accessory buildings and
structures), decks and driveways.
(ii) the location of any existing buildings or structures to be removed or
relocated.
(iii) the proposed grades and drainage.
5. That the owner shall enter into a registered development agreement with the Region of
Waterloo to agree that the following noise warning clause be included in all offers of
purchase and sale, and / or rental agreements for all residential units on both the severed
and retained lands:
“Due to the proximity to Weber Street West (Regional Road No. 8), projected noise
levels on this property may exceed the Noise Level Objectives approved by the
Regional Municipality of Waterloo and may cause concern to some individuals”.
6. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for
the provision of electrical servicing to the lands to be severed before the severances are
granted.
COMMITTEE OF ADJUSTMENT NOVEMBER 18, 2014
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Submission No.:
1. CC 2014-001 (Cont’d)
7. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for
the granting of any easements required by Kitchener-Wilmot Hydro Inc. before the
severances are granted.
8. That the owner shall ensure that all driveways will be located clear of any Kitchener-
Wilmot Hydro Inc. submersible transformer vaults and provide a minimum of 1.0m
clearance to all poles and street light standards.
9. That the owner shall enter into a modified subdivision agreement with the City of Kitchener
to be prepared by the City Solicitor and registered on title of the severed lands which shall
include the following:
“That the owner is required to fulfil the following Conditions prior to issuance of a
building permit to the satisfaction of the Director of Engineering:
i) That the owner shall make satisfactory arrangements, financial or otherwise, with
the Engineering Division for the extension of municipal sanitary/storm services from
Raitar Avenue as may be required, the removal of any redundant service
connections and the installation of new service connections to the subject lands.
ii) That the owner shall submit a servicing plan showing outlets to the municipal
servicing system along with the sanitary and storm sewer design sheets to the
satisfaction of the Engineering Division.
iii) That the owner shall submit a complete Development and Reconstruction As-
Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S.
3150) together with a digital submission of all AutoCAD drawings required for the
site (Grading, Servicing etc.) with the corresponding correct layer names and
numbering system to the satisfaction of the Director of Engineering Services.”
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being November 18, 2016.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 10:52 a.m.
Dated at the City of Kitchener this 18th day of November, 2014.
Dianna Saunderson
Secretary-Treasurer
Committee of Adjustment