HomeMy WebLinkAbout2016-04-19
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD APRIL 19, 2016
MEMBERS PRESENT:
Messr. D. Cybalski, Ms. J. Meader and Ms. P. Kohli.
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 10:06 a.m.
MINUTES
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the minutes of the regular meeting of the Committee of Adjustment held March 15, 2016, as mailed
to the members, and amended, be accepted.
Carried
NEW BUSINESS
MINOR VARIANCE
Submission No.:
1. A 2016-025
Applicant:
Victoria Huck
Property Location:
76 Daytona Street
Legal Description:
Part Lot 19, Plan 1680, being Part 1 on Reference Plan 58R-6802
Appearances:
In Support: V. Huck
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a deck in the rear
yard having a height greater than 0.6m (1.96’) to be located 0m from the northerly side lot line
rather than the required 1.2m (3.93’) setback.
The Chair noted comments circulated by staff indicating the measurements provided in the
application were incorrect and the application be recommended for a deferral to allow a new
Notice of Hearing to be published. He stated staff confirmed the application could be deferred to
the May 17, 2016 Committee of Adjustment meeting to meet the requirements for Notice.
Ms. V. Huck acknowledged the comments from the Chair, noting she was in support of deferring
the application to the May 17, 2016 Committee of Adjustment meeting.
Moved by Ms. P. Kohli
Seconded by Ms. J. Meader
The application of Victoria Huck requesting permission to construct a deck in the rear yard having
a height greater than 0.6m (1.96’) to be located 0m from the northerly side lot line rather than the
required 1.2m (3.93’) setback, on Part Lot 19, Plan 1680, being Part 1 on Reference Plan 58R-
BE DEFFERED
6802,, to the May 17, 2016 Committee of Adjustment meeting.
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission No.:
2. A 2016-026
Applicant:
Activa Holdings
Property Location:
904 Sorrento Court
Legal Description:
Lot 18, Registered Plan 58M-546
Appearances:
In Support: M. Mirando
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single
detached dwelling with an attached garage with an internal parking space having a width of
3.04m (9.973’) and a length of 5.334m (17.5’) rather than the required width of 3.04m (9.973’) and
length of 5.49m (18.011’).
The Committee considered the report of the Planning Division, dated April 8, 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 site is occupied by a single detached dwelling.
The owner is requesting to legalize an existing internal parking space with dimensions of 3.04m x
5.334m whereas 3.04m x 5.49m is required by Section 6.1.1.2 e) 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 variance:
The requested variance for the proposed internal parking space meets the intent of the Official
Plan (OP) which encourages a range of different forms of housing that is consistent with a low
density neighbourhood. The proposed variance conforms to the designation and it is the opinion
of staff that the requested variance to legalize the internal parking space dimensions is consistent
with the Official Plan direction.
The intent of the required 3.04m x 5.49m internal parking space is to ensure vehicular safety and
sufficient maneuvering room for the vehicle’s door swing. It is staff’s opinion that the 0.16 metre
reduction is minor and will not impact the property or access to the internal parking space and
therefore continues to meet the intent of the Zoning By-law.
The variance can be considered minor as it is staff’s opinion the internal parking space can still be
accommodated on-site in a safe manner. The reduced length dimension of 5.49m to 5.334m will
not present any significant impacts to adjacent properties or the overall neighbourhood.
The variance is appropriate for the use of the land as it is staff’s opinion that the requested
variance will not negatively impact the subject property, adjacent lands or surrounding
neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 1, 2016, advising they have no concerns with this application.
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of Activa Holdings requesting permission to construct a single detached
dwelling with an attached garage with an internal parking space having a width of 3.04m (9.973’)
and a length of 5.334m (17.5’) rather than the required width of 3.04m (9.973’) and length of
5.49m (18.011’), on Lot 18, Registered Plan 58M-546, 904 Sorrento Court, Kitchener, Ontario,
BE APPROVED
.
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 APRIL 19, 2016
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Submission No.:
2.A 2016-026 (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.:
3. A 2016-027
Applicant:
Douglas Good
Property Location:
795 Glasgow Street
Legal Description:
Lot 3, Plan 1536
Appearances:
In Support: D. Good
V. Wright
E. Lang
Contra: None
Written Submissions: D. Repke
The Committee was advised the applicant is requesting permission to expand the attached
garage on an existing single detached dwelling having a side yard setback abutting Westwood
Drive of 4.3m (14.107’) rather than the required 6m (19.685’).
The Committee considered the report of the Planning Division, dated April 8, 2016, advising the
subject property is located on the southeast corner of Glasgow Street and Westwood Drive. The
subject property measures 41.5m by 49.1m encompassing an area of 0.2 hectares. The subject
lot is developed with a single detached dwelling containing a number of mature trees and
vegetation. To the north and on the opposite side of Glasgow Street are single detached
dwellings. To the south and east are single detached dwellings. To the west and on the opposite
side of Westwood Drive are cluster townhomes. The subject property is designated Low Rise
Residential in the Official Plan and is zoned Residential Two (R-2).
The owner is proposing to construct an attached single storey garage expansion on the west side
of the existing home abutting Westwood Drive. Because this is a corner property, the Zoning By-
law requires a 6m setback from a road to accommodate off-street parking. The proposed garage
addition is setback 4.3m instead of the required 6m, and hence the reason for the minor variance
request.
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:
The subject property is designated Low Rise Residential in the City’s Official Plan (OP). The
proposed variance meets the intent of the OP, which recognizes and supports a range of low
density residential housing forms that achieve an overall low intensity of use. The minor change
will maintain the low density character of the property and surrounding neighbourhood. It is noted
however, there are a number of mature trees and vegetation located on the subject lot that are
governed by an approved Tree Management Plan. The trees and vegetation encompassing the
surrounding area are an important characteristic and integral part of the neighbourhood
character, which will be protected to the extent possible through a Tree Management Plan for the
site.
The intent of the Zoning regulation governing setbacks from streets is to ensure there is adequate
separation between buildings and the street line, to promote streetscape uniformity and, in the
case of a garage or off-street parking in general, to ensure it is setback further than the habitable
portion of the dwelling for aesthetic reasons. The intent of the Zoning By-law is being maintained
in the opinion of the staff. Because this is an estate-sized property, the house fronts onto
Glasgow Street and is setback 16.6m. In terms of the overall width of the dwelling, the proposed
garage addition will be subordinate to the main living area. The majority of the massing of the
garage is directed towards Westwood Drive where there is a row of vegetation and trees. The
effect of the vegetation is that this side yard, while abutting a street, acts more like an interior side
yard as this is adequately screened from the road. As a result of this screening, the side of the
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission No.:
3.A 2016-027 (Cont’d)
garage will be barely visible from the public realm. Moreover, the 4.3m setback is considered
minor when one considers the fact that the required setback for a dwelling is 4.5m, which could
have been constructed facing Westwood Drive as-of-right.
In the opinion of staff, this variance is minor and considered appropriate for the use of land for the
following reasons. First, a garage addition on an estate lot is in keeping with the surrounding
context. The impact of the variance is minimal from a visual perspective, given the existing
vegetation and trees that will screen the garage addition from the street and surrounding
properties. The proposed setback of 4.3m is in keeping with the existing setback regulation of
4.5m for the habitable portion of a dwelling, which would have been applied to the property had
the siting of the house been oriented towards Westwood Drive rather than Glasgow Street. There
is an approved Tree Management Plan in effect for the subject lands and there are plans to
remove some trees to accommodate the addition. To mitigate the impact on trees, the City’s Tree
Management Policy requires the applicant to submit a Tree Management and Enhancement
Plan, prior to final approval. As such, staff is requesting a condition be included that addresses
this matter.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 1, 2016, advising they have no concerns with this application.
Mr. D. Good, Ms. V. Wright and Ms. E. Lang were in attendance in support of the subject
application and the staff recommendation. Mr. D. Good circulated comments from Ms. Repke,
neigbouring property owner, indicating support of the subject application.
In response to questions, Ms. J. von Westerholt advised that the applicant can proceed with the
Tree Preservation Plan immediately to ensure it does not delay construction of the garage.
Ms. J. Meader questioned whether there were requirements within the Zoning By-law with
regards to the Gross Floor Area (GFA) of the garage in relation to the single detached dwelling.
Ms. von Westerholt noted the Zoning By-law refers to percentage of the front façade in relation to
the street, but does not have specific GFA requirements.
In response to questions, Ms. V. Wright advised the applicant proposes to complete a detailed
design process including landscaping for the proposed garage.
Moved by Ms. P. Kohli
Seconded by Ms. J. Meader
That the application of Douglas Good requesting permission to expand the attached garage on
an existing single detached dwelling having a side yard setback abutting Westwood Drive of 4.3m
(14.107’) rather than the required 6m (19.685’), on Lot 3, Plan 1536, 795 Glasgow Street,
BE APPROVED
Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall submit a Tree Management and Enhancement Plan for approval to
the satisfaction of the Director of Planning.
2. That the owner shall obtain a Building Permit for the garage expansion to the satisfaction
of the Chief Building Official.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is
being maintained on the subject property.
Carried
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission No.:
4. A 2016-028
Applicant:
Walter Street Development Partnership
Property Location:
100-108 Walter Street
Legal Description:
Part Lots 86-88, Plan 377 and Part Lot 30, Streets and Lanes
Appearances:
In Support: None
Contra: None
Written Submissions: G. Wheeler
N. Rasmussen
M. Walton-Roberts
The Committee was advised the applicant is requesting permission to allow a 38-unit multi-
residential development to have 35 off-street parking spaces rather than the required 38 off-street
spaces.
The Committee considered the report of the Planning Division, dated April 12, 2016, advising the
subject property is located on the north side of Walter Street between Glasgow Street and Agnes
Street in the K-W Hospital Secondary Plan area. The property is currently vacant.
The applicant is requesting a minor variance to reduce the parking requirements from 38 spaces
to 35 spaces (1.0 spaces/unit to 0.92 spaces/unit) in order to facilitate the construction of a 38-
unit multiple dwelling.
Through the application review, Transportation Services staff advised they cannot support the
application as proposed, but may be able to support an amended application to increase the
proportion of tenant-to-visitor parking spaces. Accordingly, the applicant is requesting deferral to
the May 17, 2016 Committee of Adjustment in order to allow the application to be amended.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 1, 2016, advising they have no concerns with this application.
The Committee agreed to defer consideration of the subject application to the May 17, 2016
Committee of Adjustment meeting to allow for a new Notice of Hearing to be published.
CONSENT APPLICATIONS:
Submission No.:
1. B 2016-009
Applicant:
QSBC Inc.
Property Location:
1800-1830 Strasburg Road/449 Huron Road
Legal Description:
Part Lot 1, Plan 1382, being Parts 1-4 on Reference Plan 58R-17260
Appearances:
In Support: H. Holbrook
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to sever a parcel of land
having a width on Strasburg Road of 115m (377.296’), a southerly depth of 251.033m (823.599’)
and an area of 3.24 hectares. The retained land has a width on Strasburg Road of 60.9m
(199.803’), a northerly depth of 251.033m (823.599’) and an area of 2.69 hectares. Both parcels
are intended for industrial use.
The Committee considered the report of the Planning Division, dated April 11, 2016, advising the
subject lands located at 1800 and 1830 Strasburg Road/449 Huron Road are designated
Business Park in the City’s Official Plan (OP) and split zoned Restricted Business Park Zone (B-
2), Business Park Service Centre Zone (B-3), and B-2 with Special Use 211U. The property
currently contains one industrial building.
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission No.:
1.B 2016-009 (Cont’d)
The lands were originally separate properties, however were inadvertently merged on title when
transferred into the same ownership. The owner is therefore proposing to sever the lands in order
to recreate individual ownership of each parcel and to facilitate the future sale of the severed lot.
The severed lot is currently vacant and the retained lot will continue to be used for industrial
purposes.
The severed parcel would have a lot width of 115 metres, a southerly depth of 251.033 metres,
and an area of 3.24 hectares. The retained land would have a lot width of 60.9 metres, a northerly
depth of 251.033 metres, and an area of 2.69 hectares. Both parcels are intended for industrial
use.
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 dimensions and shape of the severed and retained lots are
appropriate and suitable for the existing building and any future development of the lands. The
proposed consent conforms to the OP and the lots conform to all applicable zoning regulations.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 8, 2016, advising although they have no objections to this application, any previous
comments provided through other Planning applications continue to apply, noting:
For information, this property lies within a Wellhead Protection Sensitivity Area 4 (Strasburg Well
Field) on Map 6a of the Regional Official Plan. Though not a condition of the consent application,
the applicant should be advised that it would be beneficial to have a Salt Management Plan
(SMP) and Spill Response and Contingency Plan completed for the severed (at time of Site Plan
approval) and retained lots.
As part of the SMP the applicant is encouraged to incorporate design considerations with respect
to salt management, including:
• Ensure that cold weather stormwater flows are considered in the site design.
Consideration should be given to minimize the transport of meltwater across the parking
lots or driveway. This also has the potential to decrease the formation of ice, and thereby
decrease the need for de-icing.
• Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from
freezing on parking lots and walkways.
• Locating snow storage areas on impervious (i.e. paved) surfaces.
• Locating snow storage areas in close proximity to catchbasins.
• Using winter maintenance contractors that are Smart About SaltTM certified.
• Using alternative de-icers (i.e. pickled sand) in favour of road salt.
The applicant is eligible for certification under the Smart About SaltTM program for this property.
Completion of the SMP is one part of the program. Benefits of designation under the program
include cost savings through more efficient use of salt, safe winter conditions by preventing the
formation of ice, and potential reductions in insurance premiums.
Ms. H. Holbrook was in attendance in support of the subject application and the staff
recommendation.
Moved by Ms. J. Meader
Seconded by Ms. P. Kohli
That the application of QSBC Inc. requesting permission to sever a parcel of land municipally
addressed as 1800 Strasburg Road, having a width on Strasburg Road of 115m (377.296’), a
southerly depth of 251.033m (823.599’) and an area of 3.24 hectares, on Part Lot 1, Plan 1382,
being Parts 1-4 on Reference Plan 58R-17260, 1800-1830 Strasburg Road/449 Huron Road,
BE GRANTED
Kitchener, Ontario, , subject to the following conditions:
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission No.:
1.B 2016-009 (Cont’d)
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s
Revenue Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the severed
and/or retained lands.
4. That the owner shall ensure any new driveways be built to City of Kitchener standards at
the owner’s expense prior to occupancy of the building to the satisfaction of the City’s
Engineering Division.
5. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
6. 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.
7. That the owner shall provide Engineering staff with confirmation that the basement
elevation 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.
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 April 19, 2018.
Carried
Submission Nos.:
2. B 2016-010 to B 2016-014
Applicant:
Dragoslav Kovacevic
Property Location:
62-70 Turner Avenue/826 Frederick Street
Legal Description:
Lot 11, Plan 971
Appearances:
In Support: None
Contra: None
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
2.B 2016-010 to B 2016-014 (Cont’d)
Written Submissions: None
As no one appeared in support of the subject applications, the Committee agreed to defer its
consideration of these applications to its meeting scheduled for May 17, 2016.
Submission Nos.:
3. B 2016-015 to B 2016-017
Applicant:
Novacore (83 Elmsdale Dr) Inc.
Property Location:
83 Elmsdale Drive
Legal Description:
Part Lots 3 and 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3
Plan 1026
Appearances:
In Support: H. Holbrook
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to sever 2 parcels of land for
residential development and retaining 1 parcel for future commercial mixed-use development.
Severed Parcel ‘A' identified on the plan submitted with the application will have a width on
Elmsdale Drive of 46.7m (153.215'), a northerly depth of 180.7m (592.847') and an area of 0.96
ha, which will require a 4m (13.123’) wide easement at the rear of the property in favour of Parcel
‘B’ for servicing; and, a 5.05m (16.568’) wide easement on the southerly property line in favour of
Parcels ‘B’ and ‘C’ for mutual access, fire routing and servicing. Severed Parcel ‘B' identified on
the plan submitted with the application will have a width on Elmsdale Drive of 52.6m (172.572'), a
southerly depth of 164.6m (540.026') and an area of 1.19 ha, which will require a 5.05m (16.568’)
wide easement on the northerly property line in favour of Parcels ‘A’ and ‘C’ for mutual access,
fire routing and services; and, an easement in favour of the Region of Waterloo for ground water
monitoring wells. The retained land identified as Parcel ‘C’ on the plan submitted with the
application will be irregular in shape having a width on Ottawa Street South of 265.4m (870.734')
and an area of 2.67 ha, which will require a 5.05m (16.568’) wide `L' shaped easement having a
width on Ottawa Street South in favour of Parcels ‘A’ and ‘B’ for mutual access, fire routing and
servicing; and, an easement in favour of the Region of Waterloo for ground water monitoring
wells.
The Committee considered the report of the Planning Division, dated April 7, 2016, advising the
applicant applied and received conditional approval for the identical severance requests in July
2015. The applicant has since advised the conditions will not be completely fulfilled within the
year deadline. As such, the applicant has re-submitted consent applications for the identical
severance requests in order to allow more time to fulfill the conditions for final approval.
The subject property at 83 Elmsdale Road is zoned Neighbourhood Shopping Centre Zone (C-2)
with Special Regulation Provision 649R, Special Use Provision 436U and Holding Provision 71H.
The subject property is designated Neighbourhood Mixed Use Centre (with Special Policy) as
approved in Official Plan Amendment 104. Through this consent application, the applicant is
proposing to sever the subject property into three parcels that will eventually be developed with
multiple dwelling, residential care and retail uses. The applicant is also proposing to create
easements over the proposed served and retained lands for the purposes of shared right-of-way
access, stormwater management purposes and access to Regional groundwater monitoring
wells.
With reference to the Severance Plan submitted by the applicant, the intent of this application will
be to create the severed parcel identified as Parcel ‘A’ on the Plan submitted with the application,
proposed to have an approximate width on Elmsdale Drive of 46.7 metres, a northerly depth of
180.7 metres and an area of 0.96 ha; the severed parcel identified as Parcel ‘B’ on the Plan
submitted with the application, is proposed to have a width on Elmsdale Drive of 52.6 metres, a
northerly depth of 176.3 metres and an area of 1.19 ha; and the retained parcel identified as
Parcel ‘C’ on the Plan submitted with the application, is proposed to have an irregular shape
having a width on Ottawa Street of 265.4m, a northerly depth of 156.5 metres and an area of 2.67
ha.
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
3.B 2016-015 to B 2016-017 (Cont’d)
In addition, the following easements will be created:
• a 4 metre wide easement along the easterly limits of Parcel ‘A’ in favour of Parcel ‘B’ for
the purpose of stormwater conveyance;
• a 5.05 metre wide easement along the south limits of Parcel ‘A’ in favour of Parcels ‘B’ and
‘C’ and the north limits of Parcel ‘B’ in favour of Parcels ‘A’ and ‘C’ for the purposes of
mutual access, fire routing and services;
• a 5.05 metre wide east-west aligned easement through Parcel ‘C’ connecting to a 14.2
metre wide north-south aligned easement through Parcel ‘C’ in favour of Parcels ‘A’ and
‘B’ for the purpose of mutual access, fire routing and servicing; and,
• easements on Parcels ‘B’ and ‘C’ in favour of the Regional Municipality of Waterloo for the
purpose of Regional access to existing groundwater monitoring wells on the property.
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 proposed use of the lands. The lands front on an established
public street and all parcels of land can and will be serviced with independent and adequate
service connections to municipal services. The newly created severed and retained lots will
comply with the minimum lot width and lot area requirements of the Zoning By-law. The proposed
severance and development concept submitted with this application are in keeping with the
development concept considered in the Urban Design Brief adopted by City Council as part of the
previous Zone Change and Official Plan Amendment approval process.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated April 8, 2016, advising:
Although the existing road allowance is deficient when compared to the designated road
allowance for Ottawa Street South in the Regional Official Plan, the required amount of road
widening has sufficiently been identified in the Functional Servicing Report, Novacore
Communities Corporation, Laurentian Commons, 83 Elmsdale Drive, Project Number 2012-0194-
10, Figure 5 (Preliminary Functional Ottawa Street Design) prepared by WalterFedy dated
November 28, 2013 (revised June 15, 2015). Therefore, only the road widening identified in the
Preliminary Functional Ottawa Street Design will be required under these consent applications. It
is important to note that any property to be dedicated to the Region of Waterloo be excluded from
any Record of Site Condition(s) for the property.
An Ontario Land Surveyor (OLS) would have to determine the exact road widening.
The land must be dedicated to the Region of Waterloo for road allowance purposes and must be
dedicated without cost and free of encumbrance.
The owner must engage an OLS to prepare a draft Reference Plan which illustrates the required
road allowance widening. A draft Reference Plan shall be created showing the road widening
dedication and submitted for review prior to the deposit of the Reference Plan. The owner’s
solicitor will need to prepare the land transfer document and submit the document to the Region’s
Legal Assistant for registration.
The subject property has no existing vehicular access directly onto Ottawa Street South. Region
of Waterloo staff and the owner have agreed to a new access from the subject property (Parcel
C/retained parcel) to Ottawa Street South directly across from the MacLennan Park entrance. A
secondary access to the subject property is located on Elmsdale Drive. A Transportation Impact
Study (TIS) was submitted to the Region of Waterloo for review under the OPA/ZCA applications
for this property and Regional staff concurred with the conclusions and recommendations of the
TIS which included: an eastbound left turn lane on Ottawa Street South at Elmsdale Drive; an
eastbound left turn lane on Ottawa Street South at the proposed access; and, a pedestrian refuge
island on Ottawa Street South at Elmsdale Drive. The TIS found that traffic signals were not
warranted at either the Elmsdale Road/Ottawa Street South intersection or the proposed access
from the development onto Ottawa Street South. A Regional Road Access Permit will be required
for the proposed access onto Ottawa Street and can be deferred to Site Plan approval.
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
3.B 2016-015 to B 2016-017 (Cont’d)
Region of Waterloo staff have received copies of the Functional Servicing Report, Novacore
Communities Corporation, Laurentian Commons, 83 Elmsdale Drive, Project Number 2012-0194-
10, Figure 5 (Preliminary Functional Ottawa Street Design) prepared by WalterFedy dated
November 28, 2013 (revised June 15, 2015). Review of the plan is underway by Region of
Waterloo staff and formal comments will be provided prior to final Site Plan approval.
Grand River Transit (GRT) will be implementing a new iXpress route along this section of Ottawa
Street South. There will be a designated transit stop for this new iXpress route immediately in
front of the proposed development. While the exact location of the transit stop is not yet
determined, the location will be on Ottawa Street South, approximately 20m east of Elmsdale
Drive.
The transit facilities will consist of a concrete bus landing pad (approximately 3m wide by 15m
long) in the existing Ottawa Street South boulevard as well as a transit shelter with a concrete
shelter pad (approximately 2.3m wide by 7m long). An easement for the transit facilities will be
required on the subject property to accommodate the transit shelter and concrete shelter pad.
The exact size and location of the easement can be determined under a future Site Plan
application. The final Site Plan should also try to incorporate pedestrian connections from subject
lands to transit facilities on Ottawa Street South. The existing north bound GRT transit stop on
Elmsdale Drive, servicing Route 3, must be maintained during site work and re-construction on
the site.
The Region will require the owner to provide funds for the bus landing pad and shelter pad for the
proposed iXpress facilities on Ottawa Street South. The approximate cost of the bus landing pad
will be $5,625. and the approximate cost of the shelter pad will be $2,025., for a total cost of
$7,650. The funds can be provided to the Region of Waterloo in the form of a letter of credit. The
transit facilities will then be installed under a Region of Waterloo contract before the
implementation of the proposed iXpress route. These items can be deferred to Site Plan
approval.
A Noise Feasibility Study was completed under the previous OPA/ZCA applications and was
reviewed by Region of Waterloo staff. In accordance with the Holding Provision ‘H’ placed on the
subject property, a detailed Noise Assessment for the property will be required prior to Site Plan
approval. It would be beneficial for the owner to undertake this Noise Assessment as soon as
possible to ensure proper setbacks and building materials are included in the site design. A
detailed Noise Assessment is not a requirement of these consent applications.
Please note that this section of Ottawa Street South is identified in the Region Transportation
Capital Program as up for major re-construction and re-habilitation in the year 2020.
Any work required in the Ottawa Street South right-of-way will require Municipal Consent and a
Regional Road Work Permit. In this regard the owner will be required to submit 6 copies of the
plans illustrating all the proposed grading, servicing, sidewalk and landscaping on the Regional
Road to the Region’s Transportation Engineering Services Division
Water Services staff has reviewed the latest copy of the Functional Servicing Report dated
November 28, 2013, revised June 15, 2015 and provides the following comments:
Section 4.2 of the Report notes additional hydrant flow tests have been conducted to verify static
and residual pressures within the system. However, no copy of the hydrant tests was located in
the report to review the findings and assist in the review of the fire flow analysis.
The proposed three separate water service lines with the required easement are acceptable to
the Region.
The results supplied in Appendix A cannot be validated without the copy of the hydrant flow tests.
The Total demand (Maximum Daily + Fire Flow) results do not match with results in the Region’s
existing condition model.
The concerns discussed previously with the owner with regards to the long dead end have not
been addressed in this updated servicing report. The Region’s Transportation Capital Program
has identified the section of Ottawa Street South from Alpine Road to Westmount Road to
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
3.B 2016-015 to B 2016-017 (Cont’d)
undergo reconstruction and major rehabilitation with design starting in 2016 and construction in
2020. The inclusion of a new city watermain from Elmsdale Drive to Howland Drive would resolve
the dead-end issue and improve fire flow requirements.
The applicant is required to submit the Consent Application Review Fee of $350.00 for each of
the applications submitted. The total cost for the three applications is $1,050.00. Staff
acknowledges receipt of a cheque of $350.00, submitted April 6, 2016. The applicant is required
to submit the remaining balance of $700.00.
Regional staff has no objections to the proposed applications subject to the following conditions:
1. That the City of Kitchener grants the Regional Municipality of Waterloo a temporary
easement, satisfactory to the Regional Solicitor, to the easterly monitoring well nests for
ongoing access and monitoring until such time as the easterly well nests are moved offsite
and the well nests decommissioned subject to terms and conditions satisfactory to the
Regional Municipality of Waterloo.
2. That the owner grants a permanent easement to the Regional Municipality of Waterloo,
satisfactory to the Regional Solicitor, for the purposes of ongoing access and monitoring
for the monitoring wells adjacent to the Ottawa Street South road allowance on Parcel B
as generally illustrated on “Sketch showing Proposed Severance of Part of Lots 3 and 4,
Municipal Compiled Plan 1021 and Part of Lot 1, Municipal Compiled Plan 1022 and Part
of Lot 3, Municipal Compiled Plan 1026 in the City of Kitchener” File Number KIT-1021-PL-
16632 by ACI Survey Consultants dated June 15, 2015.
3. That the owner grants a permanent easement to the Regional Municipality of Waterloo,
satisfactory to the Regional Solicitor, for the purposes of ongoing access and monitoring
for the monitoring wells adjacent to the Ottawa Street South road allowance on Parcel C
as generally illustrated on “Sketch showing Proposed Severance of Part of Lots 3 and 4,
Municipal Compiled Plan 1021 and Part of Lot 1, Municipal Compiled Plan 1022 and Part
of Lot 3, Municipal Compiled Plan 1026 in the City of Kitchener” File Number KIT-1021-PL-
16632 by ACI Survey Consultants dated June 15, 2015.
4. That prior to final approval, the owner dedicate at no cost and free of encumbrances to the
Region a road widening to be determined by an Ontario Land Surveyor (OLS) as
illustrated in the Functional Servicing Report, Novacore Communities Corporation,
Laurentian Commons, 83 Elmsdale Drive, Project Number 2012-0194-10, Figure 5
(Preliminary Functional Ottawa Street Design) prepared by WalterFedy dated November
28, 2013 (revised June 15, 2015).
5. That prior to final approval, the owner shall provide a Phase I and Phase II, if necessary,
Environmental Site Assessment to the Region’s satisfaction in accordance with the
Region’s ‘Implementation Guideline for Road Allowance Dedications On and Adjacent to
Known and Potentially Contaminated Sites’ prior to the dedication of the road widening as
noted in condition 4.
6. That prior to final approval, the owner shall submit payment to the Region the Consent
Application Review Fee of $1,750.00.
Any future development on the lands subject to the above-noted consent application(s) will be
subject to the provisions of Regional Development Charge By-law 14-046 or any successor
thereof.
Ms. H. Holbrook was in attendance in support of the subject applications and the staff
recommendation. She noted the applicant received approval for the subject applications in 2015
and were unable to fulfil the conditions of Consent within the one year time allotment.
Submission No.: B 2016-015
Moved by Ms. P. Kohli
Seconded by Ms. J. Meader
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
3.B 2016-015 to B 2016-017 (Cont’d)
That the application of the Novacore (83 Elmsdale Dr) Inc. requesting permission to sever a
parcel of land identified as ‘Parcel A’ on the plan submitted with the application having a width on
Elmsdale Drive of 46.7m (153.215’), a northerly depth of 180.7m (592.847’) and an area of 0.96
ha; and, permission to grant a 4m (13.123’) wide easement at the rear of the property in favour of
Parcel ‘B’ for servicing; and, an easement on the southerly property line having a width of 5.05m
(16.568’) and a length of 161.9m (531.16’) in favour of Parcels ‘B’ and ‘C’ for mutual access, fire
routing and servicing, on Part Lots 3 and 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan
BE GRANTED
1026, 83 Elmsdale Drive, Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s
Revenue Division.
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 shall owner make financial arrangements to the satisfaction of the City's Director
of Engineering, for the installation of all new service connections that may be required to
the severed and retained lands.
4. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing
system along with the sanitary and storm sewer design sheets to the satisfaction of the
City’s Director of Engineering.
5. As per the Public Sector Accounting Board (PSAB) S. 3150, the Development and
Reconstruction As-Recorded Tracking Form is required to be filled out and submitted
along with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system to the
satisfaction of the City’s Director of Engineering.
6. That the owners of the proposed dominant lands and servient lands, shall enter into a joint
maintenance agreement, including cost sharing provisions, to be approved by the City
Solicitor, to ensure that the servicing easement is maintained in perpetuity, which
agreement shall be registered on title immediately following the Transfer Easement(s).
7. That the owner shall provide a satisfactory Solicitor’s Undertaking to register the approved
Transfer Easement(s) and immediately thereafter, the approved joint maintenance
agreement, to the City Solicitor.
8. That the City Solicitor shall be provided with copies of the registered Transfer Easement(s)
and joint maintenance agreement immediately following registration.
9. That the applicant shall submit payment to the Region of Waterloo the Consent Application
Review Fee of $700.00.
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 APRIL 19, 2016
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Submission Nos.:
3.B 2016-015 to B 2016-017 (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 April 19, 2018.
Carried
Submission No.: B 2016-016
Moved by Ms. P. Kohli
Seconded by Ms. J. Meader
That the application of the Novacore (83 Elmsdale Dr) Inc. requesting permission to sever a
parcel of land identified as ‘Parcel B’ on the plan submitted with the application having a width on
Elmsdale Drive of 52.6m (172.572'), a southerly depth of 164.6m (540.026') and an area of 1.19
ha; and, permission to grant an easement on the northerly property line having a width of 5.05m
(16.568’) and a length of 176.3m (578.41’) in favour of Parcels ‘A’ and ‘C’ for mutual access, fire
routing and services; and, an easement near the southerly lot line abutting Ottawa Street South in
favour of the Region of Waterloo for ground water monitoring wells, on Part Lots 3 and 4, Plan
BE
1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026, 83 Elmsdale Drive, Kitchener, Ontario,
GRANTED
, subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s
Revenue Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall make financial arrangements to the satisfaction of the City's Director
of Engineering, for the installation of all new service connections that may be required to
the severed and retained lands.
4. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing
system along with the sanitary and storm sewer design sheets to the satisfaction of the
City’s Director of Engineering.
5. As per the Public Sector Accounting Board (PSAB) S. 3150, the Development and
Reconstruction As-Recorded Tracking Form is required to be filled out and submitted
along with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system to the
satisfaction of the City’s Director of Engineering.
6. That the owners of the proposed dominant lands and servient lands, shall enter into a joint
maintenance agreement, including cost sharing provisions, to be approved by the City
Solicitor, to ensure that the servicing easement is maintained in perpetuity, which
agreement shall be registered on title immediately following the Transfer Easement(s).
7. That the owner shall provide a satisfactory Solicitor’s Undertaking to register the approved
Transfer Easement(s) and immediately thereafter, the approved joint maintenance
agreement, to the City Solicitor.
8. That the City Solicitor shall be provided with copies of the registered Transfer Easement(s)
and joint maintenance agreement immediately following registration.
9. That the owner shall grant a permanent easement to the Regional Municipality of
Waterloo, satisfactory to the Regional Solicitor, for the purposes of ongoing access and
monitoring for the monitoring wells adjacent to the Ottawa Street South road allowance on
Parcel B as generally illustrated on ‘Sketch showing Proposed Severance of Part of Lots 3
and 4, Municipal Compiled Plan 1021 and Part of Lot 1, Municipal Compiled Plan 1022
and Part of Lot 3, Municipal Compiled Plan 1026 in the City of Kitchener’ File Number KIT-
1021-PL-16632 by ACI Survey Consultants dated June 15, 2015.
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
3.B 2016-015 to B 2016-017 (Cont’d)
10. That the owner shall dedicate, at no cost and free of encumbrances, to the Region of
Waterloo a road widening to be determined by an Ontario Land Surveyor (OLS) as
illustrated in the Functional Servicing Report, Novacore Communities Corporation,
Laurentian Commons, 83 Elmsdale Drive, Project Number 2012-0194-10, Figure 5
(Preliminary Functional Ottawa Street Design) prepared by Walter Fedy dated November
28, 2013 (revised June 15, 2015).
11. That the owner shall provide a Phase I and Phase II, if necessary, Environmental Site
Assessment to the Region of Waterloo’s satisfaction in accordance with the Region’s
‘Implementation Guideline for Road Allowance Dedications On and Adjacent to Known
and Potentially Contaminated Sites’ prior to the dedication of the road widening as noted in
Condition 10 above.
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 April 19, 2018.
Carried
Submission No.: B 2016-017
Moved by Ms. P. Kohli
Seconded by Ms. J. Meader
That the application of the Novacore (83 Elmsdale Dr) Inc. requesting permission to grant an ‘L’
shaped easement having a width of 5.05m (16.568’) over the retained land identified as Parcel ‘C’
in favour of Parcels ‘A’ and ‘B’ for mutual access, fire routing and servicing; and, an easement
near the southerly lot line abutting Ottawa Street South in favour of the Region of Waterloo for
ground water monitoring wells, on Part Lots 3 and 4, Plan 1021, Part Lot 1, Plan 1022 and Part
BE GRANTED
Lot 3, Plan 1026, 83 Elmsdale Drive, Kitchener, Ontario, , subject to the following
conditions:
1. 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.
2. That the owners of the proposed dominant lands and servient lands, shall enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the (right-of-
way for access / easement) is maintained in perpetuity, which agreement shall be
registered on title immediately following the Transfer Easement(s).
3. That the owner shall provide a satisfactory Solicitor’s Undertaking to register the approved
Transfer Easement(s) and immediately thereafter, the approved joint maintenance
agreement, to the City Solicitor.
4. That the City Solicitor shall be provided with copies of the registered Transfer Easement(s)
and joint maintenance agreement immediately following registration.
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
3.B 2016-015 to B 2016-017 (Cont’d)
5. That the owner shall grant a permanent easement to the Regional Municipality of
Waterloo, satisfactory to the Regional Solicitor, for the purposes of ongoing access and
monitoring for the monitoring wells adjacent to the Ottawa Street South road allowance on
Parcel C as generally illustrated on “Sketch showing Proposed Severance of Part of Lots 3
and 4, Municipal Compiled Plan 1021 and Part of Lot 1, Municipal Compiled Plan 1022
and Part of Lot 3, Municipal Compiled Plan 1026 in the City of Kitchener” File Number KIT-
1021-PL-16632 by ACI Survey Consultants dated June 15, 2015.
6. That the owner shall dedicate, at no cost and free of encumbrances, to the Region of
Waterloo a road widening to be determined by an Ontario Land Surveyor (OLS) as
illustrated in the Functional Servicing Report, Novacore Communities Corporation,
Laurentian Commons, 83 Elmsdale Drive, Project Number 2012-0194-10, Figure 5
(Preliminary Functional Ottawa Street Design) prepared by Walter Fedy dated November
28, 2013 (revised June 15, 2015).
7. That the owner shall provide a Phase I and Phase II, if necessary, Environmental Site
Assessment to the Region’s satisfaction in accordance with the Region of Waterloo’s
‘Implementation Guideline for Road Allowance Dedications On and Adjacent to Known
and Potentially Contaminated Sites’ prior to the dedication of the road widening as noted in
Condition 6 above.
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 April 19, 2018.
Carried
MINOR VARIANCE/COMBINED APPLICATIONS:
Submission No.:
1. A 2016-030
Applicant:
65 Roy GP Inc.
Property Location:
65 Roy Street
Legal Description:
Part Lot 4, Plan 401
- and -
Submission No.:
A 2015-029, A 2016-031 and B 2016-008
Applicant:
Weber Investments GP Inc.
Property Location:
61 Roy Street and 48 Weber Street West
Legal Description:
Part Lot 4, Plan 401
Appearances:
In Support: S. Litt
Contra: K. Barisdale
Written Submissions: J. Mattson, c/o Sorbara Law
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
1. B 2016-008, A 2016-029, A 2016-030 & A 2015-031 (Cont’d)
Regarding application A 2016-030, the Committee was advised the applicants are requesting
permission for the existing multi-residential dwelling to have a lot width of 12.4m (40.682’) rather
than the required 15m (49.212’); and, to permit 5 residential units, whereas the By-law permits a
maximum number of 3 residential units.
Regarding applications A 2016-029, A 2016-031 and B 2016-008, the Committee was advised
the applicants are requesting permission to sever the property municipally addressed as 61 Roy
Street having a width on Roy Street of 12.65m (41.502’), a depth of 45.9m (150.59’) and an area
of 582.35 sq.m. (6268.363 sq.ft) from 48 Weber Street West. The retained land will have a width
on Weber Street West of 24.94m (81.824’), a depth of 32.61m (106.988’) and an area of 813.29
sq.m. (8754.181 sq.ft.). Permission is also being requested for minor variances on the property
municipally addressed as 61 Roy Street to allow a lot width of 12.65m (41.502’) rather than the
required 15m (49.212’); and, to permit 5 residential units, whereas the By-law permits a maximum
number of 3 residential units. In addition, permission is being requested for the property
municipally addressed as 48 Weber Street West to have a front yard setback of 1.64m (5.38’)
rather than the required 3m (9.842’); a rear yard setback of 0.42m (1.377’) rather than the
required 7.625m (25.016’), an easterly side yard setback of 0.92m (3.018’) and a westerly side
yard setback of 1.09m (3.576’) rather than the required side yard setbacks of 1.2m (3.937’); and
to legalize a 40 unit multiple dwelling with 0 parking spaces whereas 50 off-street parking spaces
are required.
The Committee considered the report of the Planning Division, dated April 8, 2016, advising the
owner of 48 Weber Street West also purchased an adjacent parcel addressed as 61 Roy Street
and the properties have merged on title. In a separate company, the same owner has also
purchased 65 Roy Street. The owner is currently rehabilitating all 40 of the existing dwelling units
within the existing building at 48 Weber St. W. As work at the 48 Weber Street West building is
nearing completion, the next phase of the project involves rehabilitating and legalizing the two 5-
unit multiple dwellings addressed as 61 and 65 Roy Street. The owner has filed applications to
the Committee of Adjustment to legalize each property and to sever 48 Weber Street West and
61 Roy Street into two separate properties, so that all three properties are owned by separate
companies.
The owner has filed the following applications with the Committee of Adjustment:
• Consent Application B 2016-008 to sever a parcel of land addressed as 61 Roy Street
having a lot width of 12.65 metres, a depth of 45.90 metres, and an area of 582.35 square
metres, resulting in a retained parcel addressed as 48 Weber Street West having a width
of 24.94 metres, a length of 32.61 metres, and an area of 813.29 square metres.
• Minor Variance Application A 2016-029 for 61 Roy Street to legalize the existing lot width
of 12.65 metres whereas 15.0 metres is required for a multiple dwelling, and to legalize the
existing 5-unit multiple dwelling whereas a maximum of 3 dwelling units is permitted.
• Minor Variance Application A 2016-030 for 65 Roy Street to legalize the existing lot width
of 12.4 metres whereas 15.0 metres is required for a multiple dwelling, and to legalize the
existing 5-unit multiple dwelling whereas a maximum of 3 dwelling units is permitted.
• Minor Variance Application A 2016-031 for 48 Weber Street West to legalize an existing
front yard setback of 1.64 metres whereas 3.0 is required, legalize existing side yard
setbacks of 0.92 metres and 1.09 metres whereas 1.2 metres is required, to legalize an
existing rear yard of 0.42 metres whereas 7.625 metres is required (1/2 the building height
of 15.25 metres), and to legalize a 40-unit multiple dwelling with 0 parking spaces whereas
50 off-street parking spaces are required.
The properties are located near the northeast intersection of Weber Street West and Young
Street. The property addressed as 48 Weber Street West is designated as High Density
Commercial Residential in the Civic Centre Neighbourhood Secondary Plan and is zoned as
Commercial Residential Three (CR-3). Both 61 and 65 Roy Street are designated as Office
Residential Conversion in the Civic Centre Neighbourhood Secondary Plan and are zoned as
Residential Five (R-5) with Special Use Provision 146U.
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
1. B 2016-008, A 2016-029, A 2016-030 & A 2015-031 (Cont’d)
Consent Application B 2016-008 – 48 Weber Street West and 61 Roy Street:
The severance application proposes to sever the two properties back into their original form
before they were inadvertently consolidated when purchased in the same company name. Minor
Variance applications A 2016-029 and A 2016-031 request resolution of deficient zoning
regulations which must be approved to permit the severance application.
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 Civic Centre Neighbourhood Secondary Plan and Official Plan (OP). The severance of the
lands will re-establish the previous lots lines, which align with the OP designation land use
boundaries, and existing zoning boundaries. The dimensions and shapes of the proposed lots are
appropriate and suitable for the residential uses and are proposed to be legalized through Minor
Variance applications A 2016-029 and A 2016-031. Both the proposed severed and retained lots
front on an established public street, and adequate utilities and municipal services are available
and established.
Minor Variance Applications A 2016-029 and A 2016-030 – 61 and 65 Roy Street:
The minor variance applications each propose to legalize the existing lot width for a multiple
dwelling and to permit a 5-unit multiple dwelling on each property.
The proposed lot width variance conforms to the intent of the Civic Centre Neighbourhood
Secondary Plan. The aim of the Residential Office Conversation land use designation is both to
preserve the existing structures and to serve as a transition area between the higher intensity
uses along Weber Street and the interior of the neighbourhood. Permitted uses include the
conversion of existing buildings to multiple dwellings with up to a maximum of three dwelling units
only where there will be no major structural alterations required to the exterior of the building.
With the proposed legalization of the deficient lot width, multiple dwellings with up to 3 units may
be developed on each property. No major exterior alterations are required.
The proposed lot width variance meets the intent of the Zoning By-law. The purpose of the
increased lot width for multiple dwellings is to ensure adequate landscape, amenity, and parking
areas can be established on each lot to support the increase in density. In this case, there is
adequate room to accommodate the existing private driveway and parking area at the rear. A
portion of the parking lot area is proposed to be removed to accommodate a new outdoor
amenity area. Sufficient parking can be provided on site for each property.
The proposed lot width variance is minor. As noted above, the site can easily accommodate a
multiple dwelling with up to 3 dwelling units. Site Plan approval as well as a Zoning Occupancy
Certificate will be required as part of the legalization of each property.
The proposed lot width variance is appropriate. While the properties have been illegally converted
to a variety of uses over the years, the proposed lot width variance will allow for zoning which will
permit multiple dwellings with up to 3 dwelling units.
It is recommended that the proposed lot width variance is approved subject to Site Plan approval
and the issuance of a Zoning Occupancy Certificate.
Minor Variance applications A 2016-029 & A 2016-030 also seek permission to permit up to five
dwelling units per property, whereas the maximum permitted number of dwelling units permitted
by the Residential Office Conversation land use designation and Residential Five (R-5) Zone is 3.
Prior to the current owner purchasing the property, the buildings were illegally converted to 5-unit
multiple dwellings. The applications seek to legalize the existing configuration of the buildings.
Planning staff recommends that the owner apply for an Official Plan amendment and Zone
Change application to permit the additional density for 61 and 65 Roy Street.
Should the Committee of Adjustment support two additional units for both 61 and 65 Roy Street,
Recommendations III and V as outlined in the staff report should be revised to state:
III. That Application A 2016-030 for 65 Roy Street requesting permission to legalize the
existing 5-unit multiple dwelling whereas a maximum of 3 dwelling units is permitted, in the
building as it exists as April 19, 2016, be approved.
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
1. B 2016-008, A 2016-029, A 2016-030 & A 2015-031 (Cont’d)
V. That Application A 2016-029 for 61 Roy Street requesting permission to legalize the
existing 5-unit multiple dwelling whereas a maximum of 3 dwelling units is permitted, in the
building as it exists as April 19, 2016, be approved.
Minor Variance Application A 2016-031 – 48 Weber Street West:
This minor variance proposes to legalize several zoning regulations for the existing 40-unit
multiple dwelling including an existing front yard setback, existing side yard setbacks, and an
existing rear yard setback, with no off-street parking spaces provided.
The proposed variances conform to the intent of the Civic Centre Neighbourhood Secondary
Plan. The High Density Commercial Residential land use designation is to recognize the proximity
of the Civic Centre Neighbourhood to the higher intensity land uses of the Downtown, and the
location of the properties on primary roads. Permitted land uses include multiple dwellings which
may exceed a density of 200 units per hectare. The maximum floor space ratio in the district is
4.0 whereas the existing building has a FSR of 3.3. Land use designation policies also require
that access must be obtained from Weber Street only. The existing multiple dwelling has existed
in some form since 1930 and has a pedestrian courtyard that is oriented to Weber Street West.
The requested minor variances are required to legalize the property so that the accompanying
severance application (B 2016-008) can be fully realized to legally re-sever 48 Weber Street West
and 61 Roy Street as individual properties.
The proposed variances meet the intent of the Zoning By-law. The zoning setback regulations are
established to ensure that new development is properly oriented on a site in order to provide
appropriate setbacks to adjacent properties and developments. Off-street parking regulations
ensure that parking demand related with a property can be accommodated without impacting
adjacent properties or placing a demand on City streets. In this case, the building has existed
since 1930 and has evolved over the years. The owner has advised that the newly rehabilitated
dwelling units are marketed towards tenants who do not require a parking space. As part of the
building permit approval process, provisions are made to ensure that appropriate building
materials are used in locations where portions of the building have unprotected openings close to
a property line.
The proposed variances are minor. The purpose of the variances is to legalize the existing
building. The existing building predates the current Zoning By-law regulations. The variance is
required to permit the technical severance of the two properties.
The proposed variances are appropriate. Planning staff recommends supporting the proposed
variances for the existing building only. When and if the site is comprehensively redeveloped, any
new development must comply with the zoning regulations in effect at that time.
It is recommended that the proposed variances are approved subject to the issuance of a Zoning
Occupancy Certificate and the approval of a Landscape Plan.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated April 8, 2016, advising for application B 2016-008:
At this location Regional Road No. 8 (Weber Street West) has a designated road width of 26.213
meters (86ft), in accordance with the Regional Official Plan (ROP). The existing road width of
Weber Street West in this location is 23.165 meters (76ft); therefore, a road widening dedication
is required across the subject property frontage with Weber Street West. The road widening
dedication should bring the property line to 0.3048 meters (1ft) from the building face; the actual
required width is 3.048 meters (10ft) but that amount is not possible with the current building
location. An Ontario Land Surveyor (OLS) must determine the exact amount of road widening
dedication. The land must be dedicated to the Region of Waterloo for road allowance purposes
and must be dedicated without cost and free of encumbrance.
The applicant must engage an OLS to prepare a draft Reference Plan which illustrates the
required road widening dedication on Weber Street West. Prior to registering the Reference Plan,
the OLS should submit a draft copy of the Plan for review by the Transportation Planner. Upon
approval, the draft Reference Plan should be deposited and the Transportation Planner will
complete the dedication process.
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
1. B 2016-008, A 2016-029, A 2016-030 & A 2015-031 (Cont’d)
While the subject property has no vehicular parking, a section of drop curbing on Weber Street
West still exists and permits vehicles to enter into the courtyard from Weber Street West. Please
be advised that there is no formal Regional Road Access Permit for this location, and the access
should only be used for emergency and delivery purposes. It has been observed that this access
has been used illegally in the recent past as a construction access.
Landscaping – through the development of the subject property, the Weber Street West
boulevard was damaged by construction vehicles. The boulevard has recently been rehabilitated
with coloured wood mulch. The coloured wood mulch is not in compliance with landscaping within
a Regional right of way, according to the Region’s Corridor Design Guidelines. Improvements to
the landscaping will need to be completed.
Regional Road Reconstruction – this section of Weber Street West has been identified as being
up for re-surfacing in the year 2021, in accordance with the 10-Year Regional Transportation
Capital Program.
Regional staff have no objection to application B 2016-008, subject to the following conditions:
1. That prior to final approval, the applicant submit payment to the Region the Consent
Application Review Fee of $350.00.
2. That prior to final approval, the Applicant engage an Ontario Land Surveyor (OLS) to
prepare a draft Reference Plan for the road widening along Weber Street West, the
amount of which to be determined by the OLS, to the satisfaction of the Region of
Waterloo.
3. That prior to final approval, the applicant improve the Weber Street West boulevard
landscaping, to the satisfaction of the Region.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 1, 2016, advising they have no concerns with applications A 2016-029, A 2016-030 and A
2016-031.
The Committee considered comments from Ms. Mattson, neighbouring property owner, regarding
the proposed increase in density.
Mr. Stephen Litt was in attendance in support of the subject applications. He expressed concerns
with the staff recommendations to refuse the minor variance requests to legalize 5 residential
units located at 61 and 65 Roy Street rather than the permitted 3-units. He indicated the staff
report speaks to possible approval of those variances as the building exists as of April 19, 2016.
He stated in his opinion, it would be onerous to require an Official Plan amendment and Zone
Change to approve what already exists within those dwellings. He further advised the neighbour
who has expressed opposition to the subject applications has concerns with matters relating to
garbage, property management and access; however, a number of those items will be dealt with
through the Site Plan approval process.
In response to questions, Mr. Litt advised he was unsure when the additional two units were
constructed at 61 and 65 Roy Street. Mr. G. Stevenson advised staff records for 61 Roy Street
as of 2005 indicate the property was a triplex, and 65 Roy Street records as of 1978 indicate it as
a rooming house/medical office. Mr. Stevenson further advised the Building and Fire
Departments have inspected 61 and 65 Roy Street and confirm that 5-units currently exist in both
dwellings.
Ms. K. Barisdale addressed the Committee on behalf of a neighbouring property owner in support
of the staff recommendation as outlined in the staff report. She indicated Ms. Mattson has
concerns with management of the property and garbage on-site. She noted staff have
recommended an Official Plan amendment and Zone Change to approve the increased number
of units at 61 and 65 Roy Street and she is in support of that recommendation as, in her opinion,
it has a greater public engagement process.
Mr. Stevenson advised the Official Plan for 61 and 65 Roy Street states: ‘Permitted uses are
restricted to single detached dwellings, and the conversion of existing buildings to multiple
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
1. B 2016-008, A 2016-029, A 2016-030 & A 2015-031 (Cont’d)
dwellings up to a maximum of three units and professional offices including health offices, home
occupations, private home day care, and small residential care facilities. Residential and office
uses may be permitted to locate within the same building. Conversions will be permitted only
where no major structural alterations are required to the exterior of the building.’ He noted staff
have provided an alternative recommendation on page 5 of the staff report, if the Committee is of
the opinion that 5 dwelling units per building is appropriate and consistent with the Official Plan.
He stated in his opinion, staff have recommended refusal of the variances because such a
request should be determined through an Official Plan amendment and Zone Change process.
Ms. J. Meader advised that the Committee must consider the variances based on the four-tests
as outlined in the Planning Act and in her opinion, approving 61 and 65 Roy Street to have 5
dwelling units does not meet all of the four tests. She indicated an increase from 6 residential
units to 10 residential units is significant and would be more appropriate through an Official Plan
amendment and Zone Change.
Mr. Litt stated in his opinion, Committee of Adjustment is a public process where neighbours are
invited to express their concerns. He further advised 61 and 65 Roy Street do comply with the
portion of the Official Plan that states ‘Conversions will be permitted only where no major
structural alterations are required to the exterior of the building.’ He indicated he was of the
understanding that he wouldn’t be approved to build new 5-unit dwelling if the structures were
torn down and rebuilt, but he is not proposing any changes to the exterior of the structures.
Ms. P. Kohli expressed concerns with the recommendation to refuse the variance to approve 5
residential units rather than the permitted 3, noting that it cannot be confirmed when the dwellings
were converted to 5-unit dwellings. She further advised she had concerns with the displacement
of residents in those dwellings.
Ms. Meader advised that the Committee is responsible for considering the applications on the
merits of the four part tests and it has not been substantiated that the increase in residential units
complies with all four tests. She further advised when considering the applications, the
Committee cannot take into consideration the existing situation, rather it must consider the
variances as if the conversion did not already exist.
A motion was brought forward by Ms. J. Meader to approve the subject applications as outlined in
the staff report and refuse the variances for 61 and 65 Roy Street to legalize the existing 5-unit
multiple dwelling whereas a maximum of 3 dwelling units is permitted.
The following motion was then voted on with Ms. J. Meader and Mr. D. Cybalski voting in favour,
and Ms. P. Kohli voting in opposition.
Submission No.: B 2016-008
Moved by Ms. J. Meader
Seconded by Mr. D. Cybalski
That the application of Weber Investments GP Inc. requesting permission to sever the property
municipally addressed as 61 Roy Street having a width on Roy Street of 12.65m (41.502’), a
depth of 45.9m (150.59’) and an area of 582.35 sq.m. (6268.363 sq.ft.) from 48 Weber Street
BE GRANTED
West, on Part Lot 4, Plan 401, 48 Weber Street West, 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 Minor Variance application A 2016-031 for 48 Weber Street West shall receive
final approval.
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
1. B 2016-008, A 2016-029, A 2016-030 & A 2015-031 (Cont’d)
4. That the owner shall submit payment to the Region of Waterloo the Consent Application
Review Fee of $350.00.
5 That the owner shall engage an Ontario Land Surveyor (OLS) to prepare a draft
Reference Plan for the road widening along Weber Street West, the amount of which to be
determined by the OLS, to the satisfaction of the Region of Waterloo.
6. That the owner shall improve the Weber Street West boulevard landscaping, to the
satisfaction of the Region 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 April 19, 2018.
Carried
Submission No.: A 2016-029
Moved by Ms. J. Meader
Seconded by Mr. D. Cybalski
That the application of Weber Investments GP Inc. requesting permission to permit 5 residential
units, whereas the By-law permits a maximum number of 3 residential units, on Part Lot 4, Plan
BE REFUSED
401, 61 Roy Street, Kitchener, Ontario, .
It is the opinion of this Committee that:
1. The variance requested in this application is not minor.
2. This application is not 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
not being maintained on the subject property.
- and -
That the application of Weber Investments GP Inc. requesting legalization for an existing multi-
residential dwelling to have a lot width of 12.65m (41.502’) rather than the required 15m (49.212’),
BE APPROVED
on Part Lot 4, Plan 401, 61 Roy Street, Kitchener, Ontario, , subject to the
following conditions:
1. That the property shall be subject to Site Plan Approval to the satisfaction of the Manager
of Site Development and Customer Service.
2. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
1. B 2016-008, A 2016-029, A 2016-030 & A 2015-031 (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.: A 2016-030
Moved by Ms. J. Meader
Seconded by Mr. D. Cybalski
That the application of 65 Roy GP Inc. requesting permission to permit 5 residential units,
whereas the By-law permits a maximum number of 3 residential units, on Part Lot 4, Plan 401, 65
BE REFUSED.
Roy Street, Kitchener, Ontario,
It is the opinion of this Committee that:
1. The variance requested in this application is not minor.
2. This application is not 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
not being maintained on the subject property.
- and -
That the application of 65 Roy GP Inc. requesting legalization for an existing multi-residential
dwelling to have a lot width of 12.4m (40.682’) rather than the required 15m (49.212’), on Part Lot
BE APPROVED
4, Plan 401, 65 Roy Street, Kitchener, Ontario, , subject to the following
conditions:
1. That the property shall be subject to Site Plan Approval to the satisfaction of the Manager
of Site Development and Customer Service.
2. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning 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.
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 2016-031
Moved by Ms. J. Meader
Seconded by Mr. D. Cybalski
That the application of Weber Investments GP Inc. requesting permission for an existing multi-
residential dwelling to have a front yard setback of 1.64m (5.38’) rather than the required 3m
(9.842’), a rear yard setback of 0.42m (1.377’) rather than the required 7.625m (25.016’), an
easterly side yard setback of 0.92m (3.018’) and a westerly side yard setback of 1.09m (3.576’)
rather than the required side yard setbacks of 1.2m (3.937’); and, to legalize a 40-unit multiple
dwelling having 0 off-street parking spaces whereas 50 off-street parking spaces are required, on
BE APPROVED
Part Lot 4, Plan 401, 48 Weber Street West, Kitchener, Ontario, , subject to the
following conditions:
COMMITTEE OF ADJUSTMENT APRIL 19, 2016
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Submission Nos.:
1. B 2016-008, A 2016-029, A 2016-030 & A 2015-031 (Cont’d)
1. That the owner shall receive approval of a Landscape Plan to the satisfaction of the
Manager of Site Development and Customer Service.
2. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning 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.
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
ADJOURNMENT
On motion, the meeting adjourned at 10:22 a.m.
Dated at the City of Kitchener this 19th day of April, 2016.
Dianna Saunderson
Secretary-Treasurer
Committee of Adjustment