Loading...
HomeMy WebLinkAbout2016-03-15 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 15, 2016 MEMBERS PRESENT: Messrs. A Head and B. McColl and Ms. P. Kohli. OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Ms. L. Ross, Urban Designer; Ms. D. Saunderson, Secretary-Treasurer and Ms. H. Dyson, Administrative Clerk. Mr. J. Wigglesworth, Transportation Planning Technician, Region of Waterloo. Mr. A. Head, Vice-Chair, called this meeting to order at 10:02 a.m. MINUTES Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment held February 16, 2016, as mailed to the members, and amended, be accepted. Carried NEW BUSINESS MINOR VARIANCE Submission No.: 1. A 2016-023 Applicant: Carey Homes Inc. Property Location: 259 Falconridge Drive Legal Description: Lot 72, Registered Plan 58M-512 Appearances: In Support: K. McMahon Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway located 7.5m (24.606’) from the intersection of Falconridge Drive and Greyhawk Street rather than the required 9m (29.53'). The Committee considered the report of the Planning Division, dated March 3, 2016, advising the subject property is zoned Residential Six (R-6) in the City’s Zoning By-law and designated Low Rise Residential in the City’s Official Plan. The property will be developed to contain a single detached dwelling unit. The owner is requesting permission to locate the access driveway at a distance of 7.5 metres from the intersection of the street lines abutting the corner lot rather than the required 9.0 metre setback as per Section 6.1.1.1 b) (iv) of Zoning By-law 85-1. 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 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 COMMITTEE OF ADJUSTMENT MARCH 15, 2016 - 43 - Submission No.: 1.A 2016-023 (Cont’d) existing scale of residential development and allows for modest alterations. The proposed variances will permit a 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 surrounding neighbourhood. The intent of the required 9.0 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 the 1.5 metre reduction is minor and 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 (CVT). Transportation Planning staff has indicated they have no concern with the requested reduction of 9.0 metres to 7.5 metres as long as the 7.5 metre CVT is maintained. The variance meets the intent of the Zoning By-law. The distance of driveway to intersection variance is considered minor as it is staff’s opinion the proposed 7.5 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 as it is staff’s opinion the requested variance will not negatively impact the subject property, adjacent lands or abutting intersection. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 22, 2016, advising they have no concerns with this application. Mr. B. McColl noted the comments from Transportation Services regarding the maintenance of the 7.5m (24.606’) CVT and requested an amendment to the staff recommendation to include a condition requiring the owner to maintain the CVT as part of the Committee’s approval. Both staff and the applicant advised they have no objection to the proposed amendment. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Carey Homes Inc. requesting permission to construct a single detached dwelling having a driveway located 7.5m (24.606’) from the intersection of Falconridge Drive and Greyhawk Street rather than the required 9m (29.53'), on Lot 72, Registered Plan 58M-512, 259 BE APPROVED, Falconridge Drive, Kitchener, Ontario, subject to the following condition. 1. That the owner shall ensure the 7.5m (24.606’) Corner Visibility Triangle (CVT) is maintained on the subject property. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission No.: 2. A 2016-024 Applicant: Shanae Management Inc. Property Location: 18-30 Wilhelm Street Legal Description: Part Lots 1 and 2, Plan 415 Appearances: In Support: None Contra: None COMMITTEE OF ADJUSTMENT MARCH 15, 2016 - 44 - Submission No.: 2.A 2016-024 (Cont’d) Written Submissions: Mr. F. Shuh Neighbourhood Petition The Committee was advised the applicant is requesting relief from Zoning By-law 94-1 to allow the use of 170.7 sq.m. (1,839 sq.ft.) of the property for automobile storage, repair and car wash business; and, relief for a rear yard setback of 0m rather than the required 7.5m (24.606’). The Committee considered the report of the Planning Division, dated March 4, 2016, advising the subject property is located on the north side of Wilhelm Street between Weber Street West and Duke Street West in the Mt. Hope Huron Park Planning Community. The minor variance application that was submitted is not clear to Planning staff. Staff contacted the applicant via email to attempt to clarify the request. However, the minor variance request remains unclear. Staff surmises that the applicant is attempting to apply for one of the following: 1. Minor variance under Section 45(1) of the Planning Act to permit a new automobile-related use; or, 2. Permission under Section 45(2)(a) of the Planning Act to change a legal non-conforming automobile use. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 22, 2016, advising they have no concerns with this application. The Chair noted the e-mail correspondence from the applicant acknowledging staff’s recommendation to defer the application to the May 17, 2016 Committee meeting to allow for an opportunity to meet with staff, submit an amended application and publish a new Notice of Hearing. The Committee subsequently agreed to defer the subject application to the May 17, 2016 Committee of Adjustment meeting. CONSENT APPLICATIONS: Submission No.: 1. B 2016-005 Applicant: Sunvest Homes Corp. Property Location: 46 Fourth Avenue Legal Description: Part Lots 77 & 78, Registered Plan 254, being Parts 1 & 2 on Reference Plan 58R-18813 Appearances: In Support: B. O’Neill Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a width of 7.5m (24.606’), a depth of 40.396m (132.519’), and an area of 302.97 sq.m. (3261.141 sq.ft.). The retained land will have a width of 7.5m (24.606’), a depth of 40.392m (132.519’), and an area of 302.94 sq.m. (3260.819 sq.ft.). The Committee considered the report of the Planning Division, dated March 4, 2016, advising the subject property located at 46 Fourth Avenue is zoned Residential Four (R-4) in Zoning By-law 85-1 and designated Low Rise Residential in the City’s Official Plan. The lands are to be developed with a semi-detached dwelling which is currently under construction. The applicant is requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached unit. The severed lot would have a lot width of 7.5 metres, a COMMITTEE OF ADJUSTMENT MARCH 15, 2016 - 45 - Submission No.: 1.B 2016-005 (Cont’d) varying lot depth of 40.406 to 40.396 metres, and an area of approximately 302.97 square metres. The retained lot would have a lot width of 7.5 metres, a varying lot depth of 40.396 to 40.392 metres, and an area of approximately 302.94 square metres. The owner previously severed a portion of the property in 2015 (B 2015-004) to create a new lot for a duplex. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990. c.P. 13, the uses of both the severed and retained parcels are in conformity with the City’s Official Plan and Zoning By-law 85-1. Planning staff is of the opinion that the proposal conforms with the regulations of the Residential Four Zone (R-4). The proposed severance conforms to the City’s Official Plan and the configuration of the proposed lots can be considered appropriate for the use of the lands. The proposed severance is required to create separate semi-detached dwelling units and allow separate ownership of each. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated March 9, 2016, advising they have no objection 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. Mr. B. O’Neill was in attendance in support of the subject application and the staff recommendation. He stated a number of the Conditions outlined in the staff report were required prior to the issuance of a Building Permit for the semi-detached dwelling and requested clarification on the process pertaining to Conditions that have already been satisfied. The Chair noted the Conditions as outlined in the report are standard Conditions, adding any Conditions already completed prior to the issuance of the Building Permit would need final confirmation from the appropriate departments that the Condition has been completed in its entirety so clearance may be issued. Mr. O’Neill stated he has no objections with the proposed Conditions. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Sunvest Homes Corp. requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a width of 7.5m (24.606’), a depth of 40.396m (132.519’), and an area of 302.97 sq.m. (3261.141 sq.ft.). The retained land will have a width of 7.5m (24.606’), a depth of 40.392m (132.519’), and an area of 302.94 sq.m. (3260.819 sq.ft.), on Part Lots 77 & 78, Registered Plan 254, being Parts 1 and 2 on Reference Plan 58R-18813, 46 Fourth Avenue, Kitchener, Ontario, BE GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .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 obtain a Building Permit prior to the construction of any servicing to the subject lots. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of all new service connections to the severed lands and/or retained lands. COMMITTEE OF ADJUSTMENT MARCH 15, 2016 - 46 - Submission No.: 1.B 2016-005 (Cont’d) 5. That any new driveways shall be installed to City of Kitchener standards at the owner’s expense prior to occupancy of the building. 6. That the owner shall provide a Servicing Plan and Grading Plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. 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. 8. That the owner shall provide Engineering staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: a. 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; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and, (vi) outline tree protection measures for trees to be preserved. b. Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City’s Director of Planning. 10. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MARCH 15, 2016 - 47 - Submission No.: 1.B 2016-005 (Cont’d) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 15, 2018. Carried Submission Nos.: 2. B 2016-006 and B 2016-007 Applicant: 2088212 Ontario Inc./Redko Equities Inc. Property Location: 25, 50 and 70 Sportsworld Crossing Road; 20 Heldmann Road; and, 4278, 4300, 4318-4336 and 4370 King Street East Legal Description: Part Lots 8 and 9, Beasley’s Broken Front Concession, being: Parts 1 to 9 on 58R-16106 save and except Part 1 on 58R-16595, Parts 8, 9, 10 and 12 on 58R-16262 and Parts 1, 2, 3, 4, 5 and 7 on 58R-17004; Parts 1 and 2 on 58R-10027; Parts 1 and 2 on 58R- 16229; Part 3 on 58R-16058 Parts 1 to 5 on 58R-4991; Parts 1 and 2 on 58R-16058 save and except Part 7 on 58R-16108; Parts 9 and 10 on 58R-16108 Appearances: In Support: D. Anderson Contra: None Written Submissions: None Through application B 2016-006, the Committee was advised the applicant is requesting permission to sever a parcel of land municipally addressed as 25 Sportsworld Crossing Road having a width on King Street East of 109.4m (358.92’), a northerly depth of approximately 155m (508.53’), and an area of 1.99 hectares; and, to grant an irregularly-shaped easement on the severed lands having an approximate length of 133.3m (437.335’) in favour of the retained lands for access and services. The retained land is irregular in shape having frontage on King Street East and Sportsworld Drive with an approximate area of 11.3 hectares. Through application B 2016-007, the Committee was advised the applicant is requesting permission to grant an easement on the retained lands having a width on King Street East of 49.2m (161.41’) and a southerly depth of 117.9m (368.81’) in favour of the severed lands for access and services. The Committee considered the report of the Planning Division, dated March 3, 2016, advising the subject parcel is addressed as 25, 50 and 70 Sportsworld Crossing Road; 20 Heldmann Road; and, 4278, 4300, 4318-4336 and 4370 King Street East. The property contains multiple commercial buildings, which for various technical and legal reasons have been deemed to have merged on title. The owner is proposing to sever the parcel of land known as 25 Sportsworld Crossing Road to recreate the individually-owned parcel. While there are no physical changes proposed to the subject lands, because the new lots must conform to current Zoning regulations, access and servicing easements are required. The applicant has applied to create an easement for access and servicing over the lands 25, 50 and 70 Sportsworld Crossing Road; 20 Heldmann Road; and, 4278, 4300, 4318-4336 and 4370 King Street East. Consent application B 2016-006 proposes to recreate 25 Sportsworld Crossing Road. The lands to be severed have a frontage of 110 metres, a depth of 155 metres and an area of 19900 sq.m. (1.99 ha). The lands currently contain a commercial building which is home to the business Christian Horizons. No variances are required with respect to this lot. The lands to be retained, 50 and 70 Sportsworld Crossing Road; 20 Heldmann Road; and, 4278, 4300, 4318-4336 and 4370 King Street East, have an area of 11.3 ha. The lands currently contain numerous commercial buildings and two private roads (Heldmann Road and Sportsworld Crossing Road) which provide access to various buildings. Consent application B 2016-007 proposes to create an easement for access and servicing over the lands 25, 50 and 70 Sportsworld Crossing Road; 20 Heldmann Road; and, 4278, 4300, 4318- COMMITTEE OF ADJUSTMENT MARCH 15, 2016 - 48 - Submission Nos.: 2.B 2016-006 & B 2016-007 (Cont’d) 4336 and 4370 King Street East. The easement will allow the overall site to continue to function efficiently by providing appropriate access to the lands at 25, 50 and 70 Sportsworld Crossing Road; 20 Heldmann Road; and, 4278, 4300, 4318-4336 and 4370 King Street East. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, staff is satisfied that the creation of the severed and retained lots is desirable and appropriate. The subject property has mixed zoning and is zoned C-6 (4300 King Street East) and C-8, with special regulation 449R (25, 50 and 70 Sportsworld Crossing Road; 20 Heldmann Road; and, 4278, 4318-4336 and 4370 King Street East). The dimensions and shape of the severed and retained lots are appropriate and suitable for the existing dwellings and any future development of the lands. All regulations pertaining to the lots conform. The proposed Consent conforms to the Official Plan. Engineering Comments: B 2016-006: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Services for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. • Any new driveways are to be built to City of Kitchener standards. All work is at the owner’s expense and all work needs to be completed prior to occupancy of the building. • A Servicing Plan showing outlets to the municipal servicing system will be required to the satisfaction of Engineering Services prior to severance approval. • As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction As-Recorded Tracking Form is required to be filled out and submitted along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of Engineering Services prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, the owner would be required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. • The owner agrees to have a revised Storm Water Management Scheme prepared at his cost for quantity and quality control for this area and revised submission of Site Plans and Storm Water Management Scheme for SP 08/68/S/JVW and SP 09/55/K/JVW, to the satisfaction of Engineering Services prior to approval for the proposed development, and to implement the approved scheme prior to the occupancy of the proposed development. • Proposed servicing easements on the 25 Sportsworld Crossing Road property and/or on adjacent properties must be either twice the depth of the services or a minimum of 5.0m wide. To ensure this proposed location and width is acceptable, Engineering Services will require that the owner submit a reference plan showing easement for the existing underground storm sewer, sanitary sewer and water service easement along with a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services prior to the change in lot lines. A reference plan showing the proposed servicing easements and access easements must accompany the servicing plan. B 2016-007: • The owner agrees to have a revised Storm Water Management Scheme prepared at his cost for quantity and quality control for this area and revised submission of Site Plans and COMMITTEE OF ADJUSTMENT MARCH 15, 2016 - 49 - Submission Nos.: 2.B 2016-006 & B 2016-007 (Cont’d) Storm Water Management Scheme for SP 08/68/S/JVW and SP 09/55/K/JVW, to the satisfaction of Engineering Services prior to approval for the proposed development, and to implement the approved scheme prior to the occupancy of the proposed development. • Proposed servicing easements on the 25 Sportsworld Crossing Road property and/or on adjacent properties must be either twice the depth of the services or minimum of 5.0m wide. To ensure this proposed location and width is acceptable, Engineering Services will require that the owner submit a reference plan showing easement for the existing underground storm sewer, sanitary sewer and water service easement along with a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services prior to the change in lot lines. A reference plan showing the proposed servicing easements and access easements must accompany the servicing plan. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated March 9, 2016, advising they have no objection to these applications subject to the following conditions: 1. That prior to final approval, the applicant dedicate the required road widening of 1.5 meters along 4300 King Street East to the Region of Waterloo. 2. That prior to final approval, the applicant engage an Ontario Land Surveyor (OLS) to prepare a draft Reference Plan for the road widening, to the satisfaction of the Region of Waterloo. 3. That prior to final approval the applicant, if not completed during a previous Environmental Site Assessment (ESA), complete a Phase 1 ESA report for the property for the required road widening dedication, to the satisfaction of the Region of Waterloo. 4. That prior to final approval, the applicant enter into an Encroachment Agreement with the Region of Waterloo for any features that encroach into the Regional right of way after the road widening has been taken. The property features should be identified by the Ontario Land Surveyor (OLS) and shown on the Reference Plan. Ms. D. Anderson advised she was in attendance on behalf of the applicant in support of the subject applications. She circulated two alternate recommendations with proposed amendments to the conditions as outlined in the staff report. She requested, for Consent Application B 2016- 006, that the Committee remove Conditions 3, 4, 6 and 7 as outlined in the staff report, as well as Conditions 1 to 4 as recommended by the Region of Waterloo. She further requested, regarding Consent Application B 2016-007, the removal of Condition 3 as outlined in the staff report, as well as Conditions 1 to 4 as recommended by the Region of Waterloo. Ms. Anderson advised that the site has already received Site Plan Approval and a Site Plan Approval agreement has been registered on title and would apply to both the severed and retained lands. She noted there is no further development proposed for the site at this time, indicating the applications are to redefine the property municipally addressed as 25 Sportsworld Crossing Road and grant the necessary easements to facilitate the severance of that lot. She further advised any changes to the site outside of the current Site Plan Agreement would require an amendment to the existing Agreement and the Conditions proposed for removal would be required at that time. In response to questions, Ms. L. Ross advised that staff have no objection to the proposed amendment to remove Conditions 3, 4, 6 and 7 for Consent Application B 2016-006 as requested by the applicant. She added she had no objections to the removal of Condition 3 for Consent Application B 2016-007. She noted the Site Plan Agreement provides all the necessary securities required by the City pertaining to the Engineering Services conditions and if future development is proposed, staff would require the applicant to review those requirements and amend their Site Plan. Mr. J. Wigglesworth, Region of Waterloo, advised that the Region would have no objections to remove Conditions 1 to 4 relating to Consent Applications B 2016-006 and B 2016-007 as outlined in the Report prepared by the Region of Waterloo, pending any future amendment to their existing Site Plan Agreement. COMMITTEE OF ADJUSTMENT MARCH 15, 2016 - 50 - Submission Nos.: 2.B 2016-006 & B 2016-007 (Cont’d) Submission No.: B 2016-006 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of 2088212 Ontario Inc./Redko Equities Inc. requesting permission to sever a parcel of land municipally addressed as 25 Sportsworld Crossing Road having a width on King Street East of 109.4m (358.92’), a northerly depth of approximately 155m (508.53’), and an area of 1.99 hectares; and, to grant an irregularly-shaped easement on the severed lands having an approximate length of 133.3m (437.335’) in favour of the retained lands for access and services, on Part Lots 8 and 9, Beasley’s Broken Front Concession, being: Parts 1 to 9 on 58R-16106 save and except Part 1 on 58R-16595, Parts 8, 9, 10 and 12 on 58R-16262 and Parts 1, 2, 3, 4, 5 and 7 on 58R-17004; Parts 1 and 2 on 58R-10027; Parts 1 and 2 on 58R-16229; Part 3 on 58R- 16058; Parts 1 to 5 on 58R-4991; Parts 1 and 2 on 58R-16058 save and except Part 7 on 58R- 16108; Parts 9 and 10 on 58R-16108, 25, 50 and 70 Sportsworld Crossing Road; 20 Heldmann BE Road; and, 4278, 4300, 4318-4326, 4336 and 4370 King Street East, Kitchener, Ontario, GRANTED , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall submit a reference plan showing the easement for the existing underground storm sewer, sanitary sewer and water service along with 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 servicing easements and access easements must accompany the servicing plan. 4. That the owner shall receive full approval for Consent application B 2016-007 and that the owner shall submit, to the satisfaction of the City of Kitchener Director of Planning, a reference plan showing the registered easement. 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 March 15, 2018. Carried Submission No.: B 2016-007 Moved by Ms. P. Kohli Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MARCH 15, 2016 - 51 - Submission Nos.: 2.B 2016-006 & B 2016-007 (Cont’d) That the application of 2088212 Ontario Inc./Redko Equities Inc. requesting permission to grant an easement on the retained lands, resulting from Consent Application B 2016-006, having a width on King Street East of 49.2m (161.41’) and a southerly depth of 117.9m (368.81’) in favour of the severed lands for access and services, on Part Lots 8 and 9, Beasley’s Broken Front Concession, being: Parts 1 to 9 on 58R-16106 save and except Part 1 on 58R-16595, Parts 8, 9, 10 and 12 on 58R-16262 and Parts 1, 2, 3, 4, 5 and 7 on 58R-17004; Parts 1 and 2 on 58R- 10027; Parts 1 and 2 on 58R-16229; Part 3 on 58R-16058; Parts 1 to 5 on 58R-4991; Parts 1 and 2 on 58R-16058 save and except Part 7 on 58R-16108; Parts 9 and 10 on 58R-16108, 25, 50 and 70 Sportsworld Crossing Road; 20 Heldmann Road; and, 4278, 4300, 4318-4326, 4336 and BE GRANTED 4370 King Street East, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall submit a reference plan showing the easement for the existing underground storm sewer, sanitary sewer and water service along with 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 servicing easements and access easements must accompany the servicing plan. 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 March 15, 2018. Carried ADJOURNMENT On motion, the meeting adjourned at 10:22 a.m. Dated at the City of Kitchener this 15th day of March, 2016. Dianna Saunderson Secretary-Treasurer Committee of Adjustment