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HomeMy WebLinkAbout2015-06-16 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 16, 2015 MEMBERS PRESENT: Messrs. D. Cybalski and A. Head and Ms. J. Meader. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 9:50 a.m. MINUTES Moved by Mr. A. Head Seconded by Ms. J. Meader That the minutes of the regular meeting of the Committee of Adjustment held May 19, 2015, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE Submission No.: 1. A 2015-040 Applicant: Douglas and Elizabeth Fisher Property Location: 201 Doon South Drive Legal Description: Lot 4, Registered Plan 58M-158 Appearances: In Support: D. Fisher Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to legalize an existing pool in the rear yard of a single detached dwelling located 0.6m (1.986’) from the rear lot line rather than the required 2.1m (6.889’); to reinstall a hot tub located 0m from the rear lot line rather than the required 2.1m (6.889‘), with a northerly side yard setback of 0m rather than the required 0.6m (1.96’); to reconstruct a deck exceeding 0.6m (1.96’) above grade, having a northerly side yard setback of 0m rather than the required 1.2m (3.937’), with a rear yard setback of 0m rather than the required 4m (13.123’); and, to locate a roof structure and posts 0.5m (1.64’) from the northerly side lot line rather than the required 0.6m (1.96’) setback. The Committee considered the report of the Planning Division, dated May 11, 2015, advising that the subject property is zoned Residential Three (R-3) in the Zoning By-law with Special Use Provision 250U, and designated Low Rise Residential in the Official Plan. The site contains a single detached dwelling. The applicant is requesting permission to: 1. Legalize an existing pool located 0.6 metres (1.96 ft) from the rear lot line rather than the required 2.1 metres (6.89 ft); 2. Re-install a hot tub to be located 0 metres from the rear lot line rather than the required 2.1 metres (6.89 ft) and to be located 0 m from the (northerly) right side lot line rather than the required 0.6 metres (1.96 ft); COMMITTEE OF ADJUSTMENT JUNE 16, 2015 - 186 - Submission No.: 1.A 2015-040 (Cont’d) 3. Re-construct a deck exceeding 0.6 metres (1.96 ft) above grade, to have a (northerly) right side lot line of 0 metres rather than the required 1.2 metres (3.94 ft) and a rear lot line setback of 0 metres rather than the required 4 metres (13.12 ft); and; 4. Locate a roof structure and posts 0.5 metres (1.64 ft) from the (northerly) right side lot line rather than the required 0.6 metres (1.96 ft). This application was deferred from the May 19, 2015 meeting to allow staff to consult with the property owner to clarify the existing vs. proposed structures on the drawing. The owner has now submitted an updated drawing showing only the proposed structures. It is noted that in 2013, the owner obtained Council approval for a reconstructed deck and a fence to be located on City parkland. The agreement states that the structures shall not encroach more than 2.06 m from the rear lot line. In regards to the original four requested variances, the owner advised that re-location of the hot tub is not planned at this time. Therefore variance #2 noted above should be removed. In regards to variance #4 above, staff note that a roofed structure located on a deck, whether attached or detached from the main building, is required to provide a 1.2 metre (3.93 ft) side yard setback and not 0.5 metres (1.64 ft) as noted above. Therefore, staff suggests that this application be amended to request permission to: 1. Legalize an existing pool located 0.6 metres (1.96 ft) from the rear lot line rather than the required 2.1 metres (6.89 ft); 2. Re-construct a deck exceeding 0.6 metres (1.96 ft) above grade, to have a (northerly) right side lot line of 0 metres rather than the required 1.2 metres (3.94 ft) and a rear lot line setback of 0 metres rather than the required 4 metres (13.12 ft); and; 3. Locate a roof structure on a deck with posts 0.5 metres (1.64 ft) from the (northerly) right side lot line rather than the required 1.2 metres (3.93 ft). Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding the requested minor variances. The requested variances meet the intent of the Official Plan. Any development in the Low Rise Residential designation must achieve a low overall intensity of use. The proposed variances for the structures (pool, deck and roofed structure) in the rear yard amenity area meet this requirement. The requested variances meet the intent of the Zoning By-law and can be considered minor. In regards to variance #1 for the existing swimming pool, it is noted that a building permit for the pool was obtained and approved in 2004. At that time there was no deck mentioned in the permit documents and the pool met regulations, as there were no minimum setbacks for pools in 2004. Setback regulations were added to the Zoning By-law in 2005 and therefore the pool may be considered legal non-conforming. The addition of this request in the variance is to tidy up the status of the pool with the other variances being sought. Staff has no concerns with the pool setback. The requested variance for the reconstructed deck to be setback 0m from the rear lot line and the northerly (right) side is to maintain an adequate area from which to access and use the pool. There is a change in grading from the front to rear lot lines and a deck is required to adequately enjoy the backyard area around the pool. It is noted that the reconstructed deck is to be 0m from the south (left) side lot line and this meets regulations, as the height above grade for the deck at this point is less than 0.6 metres (1.96 ft). It is noted that the area of the existing deck will be reduced to ensure that the encroachment of the new deck does not exceed 2.06 metres (6.76 ft) from the rear lot line, as required by the encroachment agreement previously approved by Council. COMMITTEE OF ADJUSTMENT JUNE 16, 2015 - 187 - Submission No.: 1.A 2015-040 (Cont’d) In regards to amended variance #3, there currently exists a roofed structure on the deck. It is requested to maintain a reduced setback for the structure for the enjoyment of the back yard amenity area. The intent of the setback is to ensure that adjoining neighbours are not negatively impacted by structures located close to the lot line. As noted above, the northerly (right) side lot line abuts a City green space. The location of the roofed structure will not impact neighbours or people using the green space. The requested variances are appropriate for use of the land. As noted above, existing structures, which are to be reduced in size within the encroached portion of the structure, have existed since the current owner purchased the property in 2007. The rear yard backs onto City parkland and no concerns or complaints have been received to date. The encroachment was discovered by City staff when reviewing the parkland for a future walking trail behind the property. Building Comments: The Building Division has received a permit application for the reconstruction of an existing deck and addition of a new roof structure over a portion of the deck. We also understand there is an existing encroachment agreement on the property relating to the fence location and the existing fence will need to be moved to comply with the encroachment agreement requirements. Note that the deck, fence, roof structure and hot tub shall not encroach at any point past the limitations of the encroachment agreement. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 30, 2015, advising that they have no concerns with this application. Mr. D. Fisher was in attendance in support of the subject application and the staff recommendation including the proposed amendments. Moved by Ms. J. Meader Seconded by Mr. A. Head That the application of Douglas and Elizabeth Fisher requesting permission to legalize an existing pool in the rear yard of a single detached dwelling located 0.6m (1.986’) from the rear lot line rather than the required 2.1m (6.889’); to reconstruct a deck exceeding 0.6m (1.96’) above grade, having a northerly side yard setback of 0m rather than the required 1.2m (3.937’), with a rear yard setback of 0m rather than the required 4m (13.123’); and, to locate a roof structure and posts 0.5m (1.64’) from the northerly side lot line rather than the required 1.2m (3.937) setback, on Lot BE APPROVED 4, Registered Plan 58M-158, 201 Doon South Drive, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall obtain a building permit from the Building Division. 2. That the owner shall ensure that the structures (deck and fence) will be in conformance with the encroachment agreement approved by Council for the property. 3. That the owner shall ensure that Condition 1 is completed prior to October 1, 2015. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this Decision. Failure to fulfill these Conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. 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 JUNE 16, 2015 - 188 - CONSENT Submission Nos.: 1. B 2015-035 to B 2015-038 Applicants: Country Green Homes Property Location: 50 Burgetz Avenue Legal Description: Part Lot 4, Plan 589 Appearances: In Support: None Contra: None Written Submissions: None The Chair noted the email correspondence from the applicant and stated at their request these applications have been withdrawn. This meeting recessed at 9:50 a.m. and reconvened at 10:03 a.m. with the following members present: Messrs. D. Cybalski and A. Head and Ms. J. Meader. NEW BUSINESS MINOR VARIANCE Submission No.: 1. A 2015-042 Applicant: Deer Ridge Heights Inc. Property Location: 254 Longview Crescent Legal Description: Lot 15, Registered Plan 58M-464 Appearances: In Support: S. Surducan Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a porch in the rear yard of an existing single detached dwelling having a setback of 5.9m (19.357’) rather than the required 7.5m (24.606’). The Committee considered the report of the Planning Division, dated June 5, 2015, advising that the subject property is designated Low Rise Residential within the current Official Plan. No change to this land-use designation is anticipated within the new Official Plan currently under appeal. The subject property is zoned Residential Three Zone (R-3) Zone with Special Regulation Provisions 252R and 280R. The applicant has constructed a single detached dwelling and is proposing a reduced rear yard setback to facilitate compliant construction completion of a rear porch. A site visit was conducted on May 25, 2015. At this time, a roof and supporting pillars for the proposed porch had already been constructed. 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: Minor variance request for a reduced rear yard setback: The requested variance meets the intent of the Official Plan. The intent of this designation is to maintain and facilitate low density residential character at the neighbourhood scale. It is staff’s opinion that the proposed reduction of the rear yard setback for this single detached dwelling is in keeping with this intent, as the scale and the intensity of the development will remain compatible within the larger neighbourhood context. COMMITTEE OF ADJUSTMENT JUNE 16, 2015 - 189 - Submission No.: 1.A 2015-042 (Cont’d) The requested variance meets the intent of the Zoning By-law. It is staff’s opinion that even though the setback in question is deficient by 1.6 metres, there continues to be adequate separation from neighbouring properties. A public pathway under construction exists to the east of the property and lands to both the south and west are currently undeveloped. The subject lot significantly exceeds the minimum requirements of the R-3 Zone for lot area, lot coverage and front yard setback. Due to the size and configuration of the lot, reducing the rear yard setback by 1.6 metres would not have negative impacts. The requested variance can be considered minor. As the applicant has conformed to an increase in required front yard setback from 4.5 metres to 6.1 to enhance neighbourhood streetscape, minor relief in the same amount (1.6 metres) for the rear yard is a reasonable and minor request. The variance is appropriate for the development and use of the land. It is staff’s opinion that the existing single detached dwelling is appropriately designed and the rear porch is adequately set back from the adjacent lands. As such, the variance request will have no impact on the functionality of the site or adjacent lands. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 26, 2015, advising that they have no concerns with this application. Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Deer Ridge Heights Inc. requesting permission to construct a porch in the rear yard of an existing single detached dwelling having a setback of 5.9m (19.357’) rather than the required 7.5m (24.606’), on Lot 15, Registered Plan 58M-464, 254 Longview BE APPROVED Crescent, Kitchener, Ontario, , subject to the following condition: 1. That the owner shall obtain a Building Permit from the Building Division by October 31, 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.: 2. A 2015-043 Applicant: Mark Nunes Property Location: 195 Courtland Avenue East Legal Description: Part Lots 4, 5 & 6, Plan 368 Appearances: In Support: M. Nunes Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to convert an existing duplex into a triplex on a lot having a width of 12.1m (39.698’) rather than the required 15m (49.212’); and, a westerly side yard setback of 2.4m (7.874’) rather than the required 3m (9.842’). The Committee considered the report of the Planning Division, dated June 11, 2015, advising that the subject property is designated as Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan and split zoned, whereas the front portion is zoned as Residential Five (R-5) with COMMITTEE OF ADJUSTMENT JUNE 16, 2015 - 190 - Submission No.: 1.A 2015-043 (Cont’d) Special Regulation 1R and the rear portion is zoned as Hazard Land (P-3). The property has been developed with a duplex dwelling and the Owner is proposing to add a third unit internal to the existing building, effectively making the development a multiple dwelling with three units. The owner has applied for a minor variance seeking relief from Section 39.2.1. to permit a multiple dwelling (3 units) to have a lot width of 12.1 metres, whereas 15 metres is required, and to permit a multiple dwelling with a side yard setback of 2.4 metres whereas 3.0 metres is required. The lot width requirement is greater for a multiple dwelling than a duplex dwelling, and the side yard setback request is to legalize an existing situation (driveway leading to parking in the rear). 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: The requested variance meets the intent of the Official Plan. The intent of the Low Rise Conservation designation is to retain the existing low rise, low density, primarily detached housing stock while simultaneously allowing a slight density increase by permitting conversion or redevelopment to a maximum of three dwelling units. Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings, and multiple dwellings to a maximum of three dwelling units, small lodging houses, small residential care facilities, home businesses and private home day care. The proposed variances would allow for a modest density increase of the property with one additional dwelling unit, while maintaining the existing built form. The requested variance meets the intent of the Zoning By-law. The intent of the lot width and side yard regulations is to ensure that a multiple dwelling can accommodate the increased required parking as well as the required amenity and landscape areas associated with a multiple dwelling. The existing driveway and rear parking area are functional despite the driveway being only 2.4 metres wide. There are four existing parking spaces located to the rear of the building which are operational and are arranged such that they can accommodate appropriate vehicle movements to allow cars to exit the parking area in a forward moving motion. The existing landscape and amenity space at the rear of the property is large and adequate. The requested variance can be considered minor. As mentioned above, the site is functional as a duplex and the slight increase in density will not have a detrimental impact of the functionality of the site. Required parking and landscape and amenity area can be provided on site. There are no exterior changes to the property. The variance is appropriate for the development and use of the land. The existing topography and proximity to the Schnider Creek pose some limitations for the full redevelopment of the site. The minor variances will allow for a modest increase in density of one additional dwelling unit. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 26, 2015, advising that they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated June 2, 2015, advising that although they have no concerns with this application, they noted that the rear portion of the subject property is within the floodplain of Schneider Creek; and, the subject property is within the Two-Zone Floodplain policy area outlined in the City of Kitchener Official Plan. Consequently, a portion of 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 CN Rail, dated June 5, 2015, advising that due to the proximity to Halton mainline, CN has provided their main line criteria for sensitive uses in proximity to railway operations. CN has deferred to the City for consideration of the implementation of the criteria. It should be noted that the information has been passed along to the owner for consideration if further development is proposed for this property and will not be implemented for the subject application. COMMITTEE OF ADJUSTMENT JUNE 16, 2015 - 191 - Submission No.: 1.A 2015-043 (Cont’d) Moved by Ms. J. Meader Seconded by Mr. A. Head That the application of Mark Nunes requesting permission to convert an existing duplex into a triplex on a lot having a width of 12.1m (39.698’) rather than the required 15m (49.212’); and, a westerly side yard setback of 2.4m (7.874’) rather than the required 3m (9.842’), on Part Lots BE APPROVED 4, 5 & 6, Plan 368, 195 Courtland Avenue East, Kitchener, Ontario, . It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried CONSENT Submission No.: 1. B 2015-040 Applicant: 2056213 Ontario Inc. and M. Tufedzic Property Location: 1792 Glasgow Street Legal Description: Part Lot 38, German Company Tract, being Part 5 on Reference Plan 58R-6375 Appearances: In Support: M. Tufedzic S. Megalos-McKeown Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever an “L” shaped parcel of land having a width of 28.08m (92.125’), a southerly depth of 138.53m (454.494’); and, an area of 5062.4 sq.m. (54,491 22 sq.ft.). The retained land will have a width of 21.302m (69.888’), a southerly depth of 89.993m (295.252’); and, an area of 2209.6 sq.m. (23783.936 sq.ft.). The proposed use for the severed and retained lands is residential and warehouse. The Committee considered the report of the Planning Division, dated June 10, 2015, advising that the subject property is located on the west side of the section of Glasgow Street that is west of Ira Needles Boulevard. The property contains no buildings, has 49.4 metres of frontage on Glasgow Street, and is 7,272.2 square metres in area. The front portion of the lot is used for agricultural purposes (majority of lot) while the rear portion (small portion of lot) contains a forested area and an unevaluated wetland. The surrounding area is comprised of a diverse mix of uses: singled detached dwellings with associated industrial/agricultural uses, stand-alone industrial uses, hydro-electric facilities, a private educational establishment, religious institutions, telecommunications infrastructure, etc. The property is designated General Industrial in the current Official Plan and is zoned General Industrial (M-2). The rear portion of the property is regulated by the Grand River Conservation Authority (GRCA) due to the presence of the aforementioned unevaluated wetland. The applicant is requesting consent to sever the lot. The severed lot would be “P” shaped and have a frontage of 28.1 metres, a depth between 136.8 metres and 138.5 metres, and an area of 5,062.4 square metres. The applicant has stated that the severed lot would be used for the sale of motor vehicles and as an accessory dwelling unit. COMMITTEE OF ADJUSTMENT JUNE 16, 2015 - 192 - Submission No.: 1.B 2015-040 (Cont’d) The retained lot would be more rectangular in shape and have a frontage of 21.3 metres, a depth between 78.8 metres and 90.0 metres, and an area of 2,209.6 square metres. The applicant has stated that the retained lot would be used for wholesaling and as an accessory dwelling unit. Each of the two owners of the subject property would appropriate one of the resultant lots and operate their respective businesses and residences on each. It should be noted that the M-2 Zone states: A maximum of one dwelling unit shall be permitted on a lot containing another permitted M-2 use, only as an accessory use thereto, and for the exclusive use of the owner of the lot or a caretaker or security guard, whose presence on the premises is necessary for the protection and maintenance thereof. In this regard, since the owner of each resultant lot intends to operate a permitted M-2 use (i.e., the sale of motor vehicles and wholesaling) on their lot, each owner is also permitted to establish a dwelling unit (i.e., in this case, a single detached dwelling) on their lot as an accessory use. Staff notes that each dwelling must be for the property owner’s exclusive use or that of a caretaker or security guard. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of both the severed and retained parcels are in conformity with the City’s Official Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, and the lands front on an established public street. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 8, 2015, advising that the Region’s landfill/waste management facility is situated to the north of the subject property. The Ministry of the Environment and Climate Change’s (MOECC) D-4 guideline on Land Use On or Near Landfills and Dumps identifies 500 metres as a zone of influence and notes that adverse impacts from an operating landfill could be experienced up to 3 kilometers. The subject property is within the 500m zone of influence (measured property line to property line). The applicant will be required to enter into a registered agreement with the Region with respect a warning clause to advise future landowners/tenants of potential odours from the Region’s landfill operations. The proposed mix of residential and industrial uses are considered incompatible uses under the MOECC’s D-6 guideline on Compatibility Between Industrial Facilities and Sensitive Land Uses. The purpose of the guideline is to prevent or minimize the encroachment of sensitive uses upon industrial uses and vice versa. Details on the nature of stationary noise is described in the MOECC’s NPC 300 environmental noise guideline. As such, a land use compatibility study will be required to assess potential stationary noise and dust sources associated with the proposed uses. The study must also address any incompatibility on/from neighbouring uses; and be implemented by way of a development agreement with the City of Kitchener. Staff also suggests that in order to minimize potential incompatibilities, the residential dwellings proposed on each lot should be sited beside one another and not diagonal to each other where it can be impacted by the proposed non-residential uses on each lot. The compatibility study notwithstanding, the applicant must enter into an agreement with the City of Kitchener with respect to a warning clause to advise of potential incompatible uses in the area. These two requirements have been noted below: Source Water Protection: For information, the property is situated within a Wellhead Protection Sensitivity Area 8 as designated on Map 6a of the Regional Official Plan (ROP). The purpose of the mapping and corresponding policies in Chapter 6 of the ROP is to protect municipal groundwater supplies. The uses proposed are keeping with the policies in the ROP. Conventional Septic System: The applicant has approached Regional staff regarding the use of tertiary septic systems in place of conventional systems due to design limitations of the two lots (likely tight soils and not enough attenuation area). Staff will not support the use of a tertiary system if a conventional system can COMMITTEE OF ADJUSTMENT JUNE 16, 2015 - 193 - Submission No.: 1.B 2015-040 (Cont’d) be utilized. However, staff also recognizes use of the type of system is left to the City’s Chief Building Official. It is unclear, from the application submitted, the type of septic system proposed for each lot. Application Review Fee: The applicant should be advised that pursuant to ss. 69(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended, and Region Fee By-law 15-019, there is now a review fee for consent applications where a new lot is being created ($350.00). This fee is applicable to the subject application and has been included as a condition of provisional consent noted below. Regional staff has no objection to the application subject to the following Conditions: 1. That prior to final approval, the owner enter into a registered agreement with the Regional Municipality of Waterloo to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): “Due to its proximity to the Waterloo Regional Waste Management Centre, odour levels on this property may occasionally cause concern to some individuals.” 2. That prior to final approval, the owner complete a land use compatibility study to address stationary noise and dust sources for the severed and retained parcels, to the satisfaction of the Commissioner of Planning, Development and Legislative Services, and the City of Kitchener. The study must assess compatibility both on-site and off-site. Any study recommendations must be implemented by way of an agreement with the City of Kitchener. 3. Nothwithstanding Condition 2) above, the owner enter into a registered agreement with the City of Kitchener to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): “Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible.” 4. That prior to final approval, the owner submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated June 4, 2015, advising that although they have no concerns with this application, they noted that a portion of the subject property contains unevaluated wetland and the 30-meture regulatory allowance adjacent to this feature. Consequently, a portion of 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 the report of Kitchener-Wilmot Hydro Inc., dated June 3, 2015, requesting that approval of this application be subject to the following conditions: 1. That the owner make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be retained and severed before the severances are granted. 2. That the owner make arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. before the severances are granted. 3. Driveways will be located so as to provide a minimum of 1.0m clearance to all poles, anchors, and street light standards. Messrs. S. Megalos-McKeown and M. Tufedzic addressed the Committee in support of the subject application and the staff recommendation. In response to questions, Mr. Megalos-McKeown advised that they have already begun the Site Plan approval process with staff regarding the proposed development of the property and the location of the proposed dwellings. COMMITTEE OF ADJUSTMENT JUNE 16, 2015 - 194 - Submission No.: 1.B 2015-040 (Cont’d) Mr. A. Head noted the comments from Kitchener-Wilmot Hydro and the Grand River Conservation Authority (GRCA). He requested that the conditions from Hydro be included as part of the Committee’s decision and requested that a Condition be added requiring the applicant to make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the Application Review fee. Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of 2056213 Ontario Inc. and Marko Tufegdzic requesting permission to sever an “L” shaped parcel of land having a width of 28.08m (92.125’), a southerly depth of 138.53m (454.494’); and, an area of 5062.4 sq.m. (54,491 22 sq.ft.), on Part Lot 38, German Company Tract, being Part 5 on Reference Plan 58R-6375, 1792 Glasgow Street, 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 owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication, equal to 2% of the value of the lands to be severed. This value equates to $5,166.72. 4. That the owner shall apply for and obtain building permits from the City’s Building Division to construct and service an M-2 Zone permitted use on each resultant lot. 5. 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 and retained lands which shall include the following: a. That the owner shall prepare a Tree Preservation / Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and, where necessary, implemented prior to any grading, tree removal, or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. 6. That the owner shall prepare a servicing plan showing connections to the municipal servicing system and make satisfactory financial arrangements with the City’s Engineering Services for the installation of new services that may be required to service this property, prior to endorsement of the deed for the severed lands. 7. That the owner shall complete and submit the Development and Reconstruction As- Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City’s to the Engineering Division. 8. That the owner shall enter into a registered agreement with the Regional Municipality of Waterloo to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): COMMITTEE OF ADJUSTMENT JUNE 16, 2015 - 195 - Submission No.: 1.B 2015-040 (Cont’d) “Due to its proximity to the Waterloo Regional Waste Management Centre, odour levels on this property may occasionally cause concern to some individuals.” 9. That the owner shall complete a land use compatibility study to address stationary noise and dust sources for the severed and retained parcels, to the satisfaction of the Commissioner of Planning, Development and Legislative Services, and the City of Kitchener. The study must assess compatibility both on-site and off-site. Any study recommendations must be implemented by way of an agreement with the City of Kitchener. 10. Notwithstanding Condition 9 above, that the owner shall enter into a registered agreement with the City of Kitchener to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): “Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible.” 11. That the owner shall submit a cheque to the Regional Municipality of Waterloo in the amount of $350 for the review of the consent applicant for the creation of a new lot as per the Region’s fee schedule, to the satisfaction of the Regional Municipality of Waterloo. 12. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the lands to be retained and severed prior to the severances being granted. 13. That the owner shall make arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. before the severances are granted. 14. That the owner shall ensure that all driveways will be located so as to provide a minimum of 1.0m clearance to all poles, anchors, and street light standards. 15. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the Plan Review fee. 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 June 16, 2017. Carried Submission No.: 2. B 2015-041 Applicant: Eljer Homes Ltd. Property Location: 59 Perth Road Legal Description: Part Lot 10, Plan 1063, being Part Lot 59, on the Subdivision of Lot 18, German Company Tract Appearances: COMMITTEE OF ADJUSTMENT JUNE 16, 2015 - 196 - Submission No.: 1.B 2015-041 (Cont’d) In Support: J. Kolosa P. Haramis Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land having a width of 10.491m (34.419’), a depth of 49.673m (162.969’); and, an area of 586.7 sq.m. (6315.186 sq.ft.). The retained land will have a width of 11.044m (36.233’), a depth of 49.673m (162.969’); and, an area of 489.6 sq.m. (5270.011 sq.ft.). Both parcels will continue to be used as residential. The Committee considered the report of the Planning Division, dated June 5, 2015, advising that the subject property at 59 Perth Road is zoned Residential Five (R-5) Zone (majority of the subject property) and Residential Four (R-4) Zone (small portion at the rear) in the City’s Zoning By-law and designated Low Rise Residential in the City’s Official Plan. A portion of the property is currently being developed with a single detached dwelling. Through this consent application, the applicant is proposing to sever the lands to create a new lot for an additional development opportunity. The new severed lot will have a 10.49 metres frontage on Perth Road, a depth of 49.67 metres and a lot area of 568.7 square metres. The retained lot will have a 11.04 metre frontage on Perth Road, a depth of 49.67 metres and a lot area of 489.6 square metres. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the existing and proposed uses of both the severed and retained parcels are in conformity with the City’s Official Plan. The dimensions and shapes of the proposed lots are appropriate and suitable for the existing and proposed use of the lands. The lands front onto an established public street and both parcels of land can and will be serviced with independent and adequate service connections to municipal services. The newly created severed lot will comply with the minimum lot width and lot area requirements of the Zoning By-law. Staff has also reviewed the existing lot widths in the area and is aware of the existing established developments in the immediate area. Prior to final approval, Planning staff will require the applicant to submit a Site Plan of the proposed development on the severed lands so that it can be reviewed to ensure that the building footprint and setbacks are compatible with the existing development and streetscape of the immediate area. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 8, 2015, advising that they have no objections to this application subject to the following Condition: 1. That prior to final approval, the Developer submit payment to the Region the Consent Application Review Fee of $350.00. Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Eljer Homes Ltd. requesting permission to sever a parcel of land having a width of 10.491m (34.419’), a depth of 49.673m (162.969’); and, an area of 586.7 sq.m. (6315.186 sq.ft.), on Part Lot 59, Municipal Compiled Plan of Subdivision of Lot 18, German BE Company Tract and Part Lot 10, Plan 1063, 59 Perth Road, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT JUNE 16, 2015 - 197 - Submission No.: 1.B 2015-041 (Cont’d) 3. The owner shall submit a site plan of the severed lands showing the proposed building footprint and setbacks to the satisfaction of the City’s Director of Planning. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. 5. That the owner shall submit a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets will be required to the satisfaction of the City’s Director of Engineering. 6. That the owner shall complete and submit the Development and Reconstruction As- Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City’s to the Engineering Division. 7. 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 and retained lands which shall include the following: a. That the owner shall prepare a Tree Preservation Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The owner further agrees to implement the approved plans. No changes to the said plans shall be granted except with the prior approval of the City’s Director of Planning. 8. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed in the amount of $4,507.08. 9. That the owner shall submit a cheque to the Regional Municipality of Waterloo in the amount of $350 for the review of the consent applicant for the creation of a new lot as per the Region’s fee schedule, to the satisfaction of the Regional Municipality of Waterloo. 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 June 16, 2017. Carried COMMITTEE OF ADJUSTMENT JUNE 16, 2015 - 198 - ADJOURNMENT On motion, the meeting adjourned at 10:13 a.m. Dated at the City of Kitchener this 16th day of June, 2015. Dianna Saunderson Secretary-Treasurer Committee of Adjustment