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HomeMy WebLinkAbout2016-10-18 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 18, 2016 MEMBERS PRESENT: Messrs. D. Cybalski and A. Head and Ms. J. Meader. OFFICIALS PRESENT: Mr. B. Cronkite, Interim Manager Transportation Services, Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Mr. G. Stevenson, Planner; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:14 a.m. MINUTES Moved by Ms. J. Meader Seconded by Mr. A. Head That the minutes of the regular meeting of the Committee of Adjustment held September 20, 2016, as mailed to the members, and amended, be accepted. Carried NEW BUSINESS MINOR VARIANCE Submission No.: 1. A 2016-104 Applicant: Nicoleta Craiovan Stewart Property Location: 660 Fischer Hallman Road Legal Description: Part Lot 47, German Company Tract, being Parts 1 & 2 on Reference Plan 58R-13049 Appearances: In Support: N. Craiovan Stewart A. Stewart Contra: None Written Submissions: None The Chair was advised the subject application was being considered in conjunction with Fence Application FN 2016-007 for the subject property. The Committee was further advised the applicant is requesting permission for the existing single detached dwelling with home business to have 2 non-resident employees for a home business on-site whereas the By-law only permits 1; to permit up to 6 customers on-site for the home business at one time whereas the By-law permits of a maximum of 3 customers at one time; and, to permit 6 off-street parking spaces for the home business whereas the By-law permits a maximum of 2 off-street parking spaces. The Committee considered the report of the Planning Division, dated October 7, 2016, advising the owner has applied for a minor variance to permit an expanded home business as well as a fence variance to permit a taller fence in the front yard. The property is currently developed with a single detached dwelling with an existing personal services home business. Specifically, Application A 2016-104 requests relief from Section 5.13.2.a of the Zoning By-law to permit 2 non-resident employees for a home business whereas a maximum of 1 is permitted; COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 232 - Submission No.: 1.A 2016-104 (Cont’d) relief from Section 5.13.2.i for 6 off-street parking spaces for the home business whereas 2 is required; and, relief from Section 5.103.2.I to permit up to 6 customers at one time for the home business, whereas a maximum of 3 is permitted. Application FN 2016-007 requests relief from Section 630.4.1(a) of the Municipal Code to permit a fence that is 1.524 metres (5 feet) in the front yard whereas a maximum height of 0.914 metres (3 feet) is permitted. The property is designated as Low Rise Residential in the City’s Official Plan and zoned as Residential Three (R-3) in Zoning By-law 85-1. Minor Variances: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments: The requested variances meet the intent of the Official Plan. The predominant land use in the Low Rise Residential District is residential, but it is intended to accommodate, encourage and mix non-residential uses in residential areas at a scale and in locations appropriate to an area of low- rise housing. The subject property is located at the intersection of two Primary Arterial Roads, being Fischer Hallman Road and Ottawa Street South. It is located adjacent to low-rise residential uses, and across the street from major commercial developments. The expanded home business, operated within an existing single detached dwelling, is an appropriate transitional land use in this location. The requested variances meet the intent of the Zoning By-law. The intent of the home business regulations in the Zoning By-law is to regulate the size of the home business so it doesn’t impede on the primary residential use of the surrounding community. In this case, access to the property is via a Primary Arterial Road and no access is possible to the local streets within the adjacent residential community. The additional staff and customer parking can be accommodated on site. The requested minor variances are minor. The size of the property and the configuration of the proposed parking area can sufficiently accommodate the needs the expanded home business without impacting the amenity space for the single detached dwelling. There is a sufficient setback from the adjacent residential uses. The variances are appropriate for the development and use of the land. The requested variances will allow for an expanded home business that will continue to operate at a scale that is appropriate given the property location and size. Staff recommend approval of the minor variances as outlined in the Recommendation section of this report. Fence Variance: With respect to the fence variance, the owner has advised there are significant illegal activities occurring by trespassers. The owner has produced photographic evidence showing illegal activities occurring on site, and feels a fence surrounding the property will help to delineate the private and public property. As the site was vacant prior to the owner acquiring the site, there are some habitual behaviours that will require a physical barrier to correct. Planning staff recommends that any fence within the front yard be made of a material that will allow for a minimum of 50% visibility to ensure visibility across and to the property. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 29, 2016, advising they have no concerns with these applications. Ms. N. Craiovan Stewart and Mr. A. Stewart were in attendance in support of the subject applications and the staff recommendations. In response to questions, Mr. G. Stevenson confirmed the previous owner applied for a minor variance in relation to off-street parking on the subject property. He indicated the intention of the previous owner was to convert the site to a solely commercial use; therefore, staff had a different position with regards to the variance for off-street parking. He stated the current owner would like to maintain a residential home business use for the subject property and intends to reside on-site. Mr. Stevenson advised staff have no concerns to the requested variances related to off-street parking with the proposed use. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 233 - Submission No.: 1.A 2016-104 (Cont’d) Questions were raised with regards to overflow parking, specifically that the variance would permit a total of 9 people to attend the subject property at one time. Ms. Craiovan Stewart indicated her clients often carpool when attending her salon. Mr. A. Head noted he had no concerns with the possibility of overflow parking as there are two commercial plazas adjacent from the subject property if additional parking was required. In response to questions, Mr. Stewart advised the portion of the fence proposed in the front yard is intended to be wrought iron. Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Nicoleta Craiovan Stewart requesting permission for the existing single detached dwelling with home business to have 2 non-resident employees for a home business on-site whereas the By-law only permits 1; to permit up to 6 customers on-site for the home business at one time whereas the By-law permits of a maximum of 3 customers at one time; and, to permit 6 off-street parking spaces for the home business whereas the By-law permits a maximum of 2 off-street parking spaces, on Part Lot 47, German Company Tract, being Parts BE 1 & 2 on Reference Plan 58R-13049, 660 Fischer Hallman Road, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall obtain and receive approval of a Change of Use Permit from the City’s Chief Building Official. 2. That the owner shall obtain a Zoning (Occupancy) Certificate for the home business from the Planning Division. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: 2. A 2016-105 Applicant: Hallman Construction Ltd. Property Location: 328 Watervale Crescent Legal Description: Part Block 19, Registered Plan 58M-370, being Part 44 on Reference Plan 58R-17254 Appearances: In Support: M. Avis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to allow a single detached dwelling under construction to permit the required internal parking space to have a width of 3.04m and a length of 5.27m whereas the By-law requires the internal parking space to have a width of 3.04m and a length of 5.49m. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 234 - Submission No.: 2.A 2016-105 (Cont’d) The Committee considered the report of the Planning Division, dated October 7, 2016, advising the subject property is designated Low Rise Residential in the City’s Official Plan and zoned Residential Four zone (R-4) with Special Regulation 327R, which applies a special regulation for lot width. The site is currently developed with an existing a single detached dwelling. The owner is requesting relief of Section 6.1.1.2 e) of Zoning By-law 85-1 to permit an internal parking space with dimensions of 3.04 metres x 5.27 metres, whereas 3.04 metres x 5.49 metres is required. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments: The requested variance for the proposed internal parking space meets the intent of the Official Plan, 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 reduce the internal parking space dimensions meets the intent of the Official Plan. The intent of the required 3.04 metre x 5.49 metre internal parking space is to ensure vehicular safety and sufficient maneuvering room for the vehicle’s door swing. It is staff’s opinion the 0.22 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 reduction of 0.22 metres in the length of the parking space from the required 5.49 metres 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 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 September 29, 2016, advising they have no concerns with this application. The Chair requested a condition be included in the Committee’s decision requiring the applicant to enter into an agreement which would advise future purchasers that the off-street parking space located within the garage is insufficient in size. Mr. M. Avis advised he was in attendance in support of the subject application and the staff recommendation. He added he has no objection to the proposed condition as recommended by the Chair. Moved by Ms. J. Meader Seconded by Mr. A. Head That the application of Hallman Construction Ltd. requesting permission for a single detached dwelling under construction to have an internal parking space having a width of 3.04m and a length of 5.27m whereas the By-law requires an internal parking space to have a width of 3.04m and a length of 5.49m, on Part Block 19, Registered Plan 58M-370, being Part 44 on BE APPROVED, Reference Plan 58R-17254, 328 Watervale Crescent, Kitchener, Ontario, subject to the following condition: 1. That the owners shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title, to include the following warning clause in all Agreements of Purchase and Sale and/or Rental Agreements for the subject property: ‘Purchasers/tenants are advised that the off-street parking space located within the attached garage is undersized and may not accommodate a standard sized vehicle.’ 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 OCTOBER 18, 2016 - 235 - Submission No.: 2.A 2016-105 (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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: 3. A 2016-106 Applicant: Hawksview Homes Property Location: 901 Deer Creek Court Legal Description: Part Block 1, Registered Plan 58M-366, being Part 29 on Reference Plan 58R-18389 Appearances: In Support: B. Haines Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a rear yard setback of 5.84m rather than the required 7.5m. The Committee considered the report of the Planning Division, dated October 7, 2016, advising the subject property is designated Low Rise Residential in the City’s Official Plan and zoned Residential Three Zone (R-3) in Zoning By-law 85-1. The property is currently vacant and is proposed to be developed with a single detached dwelling. The owner is requesting relief from Section 37.2.1 of the Zoning By-law to permit a reduced rear yard setback of 5.84 metres, whereas 7.5 metres is required. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments: The subject property is designated Low Rise Residential in the City’s Official Plan. The proposed variance meets the intent of the Official Plan which encourages a range of housing forms that achieve an overall low density neighbourhood. The proposed variance will permit a reduced minimum rear yard for the single detached dwelling. The minor change will maintain the low density character of the property and surrounding neighbourhood. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriate. The requested variance to permit a rear yard setback of 5.84 metres meets the intent of the Zoning By-law. The intent of the 7.5 metre rear yard setback requirement is to provide amenity space in the rear yard and to ensure there is adequate separation between the dwelling and adjacent properties. The reduction of 1.66 metres is minor, as the 5.84 metre setback will continue to provide sufficient amenity space and adequate separation between the dwelling and neighbouring properties. As such, staff is satisfied the requested variance meets the intent of the Zoning By-law. The variance can be considered minor as the reduced setback of 5.84 metres will not present any significant impacts to adjacent properties and the overall neighbourhood. The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The scale, massing, and height of the single detached dwelling will not negatively impact the existing character of the subject property or surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 29, 2016, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 236 - Submission No.: 3.A 2016-106 (Cont’d) Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Hawksview Homes requesting permission to construct a single detached dwelling having a rear yard setback of 5.84m rather than the required 7.5m, on Part Block 1, Registered Plan 58M-366, being Part 29 on Reference Plan 58R-18389, 901 Deer BE APPROVED, Creek Court, Kitchener, Ontario, subject to the following conditions: 1. That the reduced rear yard setback applies only to the proposed single detached dwelling as depicted on the sketch prepared by Black, Shoemaker, Robinson, and Donaldson Ltd., dated August 22, 2016, submitted in support of this application. 2. That the owner shall obtain a Building Permit for the proposed single detached dwelling. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: 4. A 2016-107 Applicant: Williamsburg Homes Inc. Property Location: 175 Commonwealth Street Legal Description: Block 84, Registered Plan 58M-247 Appearances: In Support: J. Voss Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 4-storey apartment building having a front yard setback of 0.99m rather than the required 9m; a side yard abutting Dubrick Crescent of 3.01m rather than the required 9m; a side yard abutting Swartz Street of 4.52m rather than the required 9m; to allow a minimum landscaped area of 15% whereas the By-law requires a minimum landscaped area of 20%; to provide 57 off-street parking spaces (1.25 spaces/per residential unit) rather than the required 79 off-street parking spaces (1.75 spaces/per residential unit); to permit stairs greater than 0.6m above finished grade to be located within 3m of the street line; and, to allow terraces greater than 0.6m in height above finished grade to be setback 1.3m from the front lot line whereas the By-law requires a minimum setback of 3m from the front lot line. The Committee considered the report of the Planning Division, dated October 4, 2016, advising the property is a vacant parcel in the Williamsburg subdivision proposed to be developed with a 45-unit multiple dwelling. This is the second of three buildings which will make up “Williamsburg Walk”. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 237 - Submission No.: 4.A 2016-107 (Cont’d) The property is designated Mixed Use Node in the existing Official Plan and proposed to be re- designated as Medium Rise Residential when the new Official Plan comes into effect. The zoning of the subject property is Residential Eight Zone (R-8) with Special Regulation 355R. Both the Official Plan and the Zoning By-law permit the use of the property as a multiple dwelling. In order to achieve the City’s vision for an ‘urban’ development, a number of variances are required to support the development proposal. The required variances are noted below: 1. Relief from Section 42.2.6 of Zoning By-law 85-1 to permit a front yard setback of 0.99 metres rather than the required 9.0 metres; 2. Relief from Section 42.2.6 of Zoning By-law 85-1 to permit a side yard abutting a street of 3.01 metres from Dubrick Crescent and 4.52 metres from Swartz Street rather than the required 9.0 metres; 3. Relief from Section 42.2.6 of Zoning By-law 85-1 to allow a minimum landscaped area of 15% rather than the required 20%; 4. Relief from Section 6.1.2 a) of Zoning By-law 85-1 to allow 1.25 parking spaces per unit rather than the required 1.75 spaces per unit; 5. Relief from Section 5.6.1 a) of Zoning By-law 85-1 to allow stairs greater than 0.6 metres above finished grade level within 3.0 metres of a street line; and, 6. Relief from Section 5.6A.4 a) of Zoning By-law 85-1 to allow terraces greater than 0.6 metres above finished grade to be setback 1.3 metres from the front lot line rather than the required 3.0 metres. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments. The variances meet the intent of the Official Plan for the following reasons. The proposed multiple dwelling is permitted under the Mixed Use Node designation and the future Medium Rise Residential designation. The proposed multiple dwelling is compatible with the surrounding land uses and is appropriate for the subject land. The variance meets the intent of the Zoning By-law for the following reasons. The building setback regulations of the R-8 zone are in place to ensure compatible development with the surrounding properties. In order to reduce the impact on the adjacent low rise residential properties, the City has worked with the applicant to create a building with an urban feel by locating it closer to the street lines. By reducing the building setbacks to the adjacent streets, the development will create a greater separation to the low rise residential properties to the rear of the site while creating an entrance feature to the subdivision and a human interface with the street and community park immediately across the street. The proposed parking reduction to 1.25 spaces per unit is also deemed appropriate as is evidenced in the Transportation study that was completed for Building One and updated for this application. The parking reduction is also in keeping with the City’s direction to support alternative modes of transportation. The variance is minor for the following reasons. The reduced building setbacks and parking reduction will create a greater separation to adjacent low rise residential properties, thereby minimizing any impact on those properties. The proximity of the building to the street lines and the adjacent park will create an entrance feature to the subdivision and enhance the interface with the street and neighbourhood park. The variance is appropriate for the development and use of the land for the following reasons. Both the Official Plan and Zoning By-law permit the use of the property for a multiple dwelling and the design of the building, with underground parking and reduced setbacks to the street lines, will enhance the interface with the neighbourhood park and public streets. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 29, 2016, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 238 - Submission No.: 4.A 2016-107 (Cont’d) The Committee considered the report of Kitchener-Wilmot Hydro Inc., dated October 7, 2016, noting they have no objection to this application subject to the following conditions: 1. That the applicant make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to these lands. 2. Driveways will be located so as to clear the Kitchener-Wilmot Hydro Inc. padmount transformer and provide a minimum of 1.0m clearance to all poles and street light standards. In addition, the Committee was in receipt this date of an amendment to the subject application. The Chair noted the amendment advising that the applicant requires minor changes to the requested side yards, adding the side yard abutting Dubrick Crescent should be 3.463m rather than the requested 3.01 metres and the side yard abutting Swartz Street should be 3.907m rather than the required 4.52 metres, whereas the By-law requires side yard setbacks of 9.0 metres. The Chair further suggested the condition requested by Kitchener-Wilmot Hydro be included in the Committee’s decision. Ms. J. Voss advised she was in attendance in support of the subject application, the circulated amendment as reviewed by the Chair and the staff recommendation including conditions. Ms. J. Meader noted she had no objections to the subject application, adding the proposed development is an extension of the development on a neighbouring property. Mr. A. Head expressed concerns regarding the reduction in off-street parking spaces. He noted in his opinion, there is a lack of parking in the Williamsburg Community and the reduction in off- street parking may frustrate the neighbourhood. Mr. D. Seller advised staff have no concerns with the proposed parking reduction, adding the neighbouring development came to Committee of Adjustment in 2012 and staff were supportive of the justification for the parking reduction at that time. He added the application before the Committee this date is consistent with the previous recommendation/development. Ms. Voss advised that the applicant was required to complete a Parking Justification report in 2012 for the neighbouring development and has since provided an updated Report to support the parking reduction on the subject property. She noted the neighbouring property is 80% occupied and the updated Parking Justification report reviewed the conditions on that site to review any possible concerns with maintaining a similar parking requirement on the subject property. A motion was brought forward by Ms. J. Meader, seconded by Mr. D. Cybalski, to approve the application as outlined in the staff report with an amendment to the side yards abutting Dubrick Crescent and Swartz Street and the inclusion of the condition as requested by Kitchener-Wilmot Hydro, which was voted on and was Carried. Mr. A. Head voted in opposition. Moved by Ms. J. Meader Seconded by Mr. D. Cybalski That the application of Williamsburg Homes Inc. requesting permission to construct a 4-storey apartment building having a front yard setback of 0.99m rather than the required 9m; a side yard abutting Dubrick Crescent of 3.463m rather than the required 9m; a side yard abutting Swartz Street of 3.907m rather than the required 9m; to allow a minimum landscaped area of 15% whereas the By-law requires a minimum landscaped area of 20%; to provide 57 off-street parking spaces (1.25 spaces/per residential unit) rather than the required 79 off-street parking spaces (1.75 spaces/per residential unit); to permit stairs greater than 0.6m above finished grade to be located within 3m of the street line; and, to allow terraces greater than 0.6m in height above finished grade to be setback 1.3m from the front lot line whereas the By-law requires a minimum setback of 3m from the front lot line, on Block 84, Registered Plan 58M- BE APPROVED, 247, 175 Commonwealth Street, Kitchener, Ontario, subject to the following conditions: 1. That approval of minor variance Application A 2016-107 shall only apply to the Site Plan approved through application SP16/073/C/LT. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 239 - Submission No.: 4.A 2016-107 (Cont’d) 2. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to these lands. 3. That the owner shall ensure all driveways are located so as to clear any padmount transformers and to provide a minimum of 1m clearance to all poles and street light standards. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: 5. A 2016-108 Applicants: Kenneth and Susan Tozer Property Location: 230 Deer Ridge Drive Legal Description: Block 13, Registered Plan 58M-84, being Part 70 on Reference Plan 58R-11545 Appearances: In Support: B. Walls Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a covered porch in the rear of an existing single detached dwelling having a rear yard setback of 5.8m rather than the required 7.5m. The Committee considered the report of the Planning Division, dated October 4, 2016, advising the subject property located at 230 Deer Ridge Drive is designated Low Rise Residential in the City’s Official Plan and zoned Residential Three Zone (R-3) with Special Regulation 230R, 260R, and 235U in Zoning By-law 85-1. There is an existing single detached dwelling on the subject property. The owner is requesting relief from Section 37.2.1 to permit a reduced rear yard setback of 5.8 metres to accommodate the proposed construction of a covered porch in the rear yard, whereas 7.5 metres is required. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments: The subject property is designated Low Rise Residential in the City’s Official Plan. The proposed variance meets the intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change to the rear yard setback will maintain the low density character of the property and surrounding neighbourhood. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriate. The requested variance to legalize the location of the proposed covered porch at 5.8 metres from the rear lot line, whereas 7.5 metres is required, meets the intent of the Zoning By-law. The purpose of a rear yard setback of 7.5 metres is to provide an outdoor amenity space as well as COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 240 - Submission No.: 5.A 2016-108 (Cont’d) adequate separation from neighbouring properties. It is the opinion of staff that the proposed covered porch with a rear yard setback of 5.8 metres will still allow for an amenity space and will not impact adjacent properties. The variance can be considered minor as the reduced rear yard setback will not present any significant impacts to adjacent properties and the overall neighbourhood. The covered porch would encroach 1.7 metres into the required rear yard setback, maintaining a sufficient outdoor amenity space. Furthermore, the proposed covered porch would also provide amenity space. The variance is appropriate development for the property and surrounding area. The scale, massing and height of the proposed covered porch are appropriate and consistent with the existing single detached dwelling. The proposed variance will not impact the character of the subject property or surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 29, 2016, advising they have no concerns with this application. Mr. B. Walls was in attendance in support of the subject application and the staff recommendation. In response to questions, he advised that the deadline of December 31, 2016 should be sufficient to obtain a Building Permit, as outlined in Condition 1 of the staff recommendation. Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Kenneth and Susan Tozer requesting permission to construct a covered porch in the rear of an existing single detached dwelling having a rear yard setback of 5.8m rather than the required 7.5m, on Block 13, Registered Plan 58M-84, being Part 70 on BE APPROVED, Reference Plan 58R-11545, 230 Deer Ridge Drive, Kitchener, Ontario, subject to the following condition: 1. That the owner shall obtain a Building Permit prior to the construction of the proposed covered porch by December 31, 2016. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: 6. A 2016-109 Applicant: Catalyst 137 Kitchener Inc. Property Location: 137 Glasgow Street Legal Description: Part Lot 492, Plan 377, Part Lots 10 to 14, Plan 402, being Parts 10, 11, 13 to 16 and 18 to 23, on Reference Plan 58R-9638 Appearances: In Support: F. Kuriakose Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 241 - Submission No.: 6.A 2016-109 (Cont’d) The Committee was advised the applicant is requesting permission for the existing one-storey office manufacturing building to provide 1046 off-street parking spaces rather than the required 1554 off-street parking spaces. The Committee considered the report of the Planning Division, dated October 12, 2016, advising the subject property located at 137 Glasgow Street is zoned M-2 General Industrial Zone with Special Use Provision 21U in the Zoning By-law 85-1 and is designated Comprehensive Development Area in the City’s Official Plan. The owner is planning an adaptive re-use of the existing 43,521m² building at 137 Glasgow Street to allow for manufacturing, research and development, scientific, technological and communication establishment, office and ancillary uses. The applicant is requesting relief from Section 6.1.2 b ii) A) a) of the Zoning By-law to permit a reduced parking rate of 1 space per 42m², whereas 1 space per 28m² is required for the proposed uses, which would result in 1046 spaces rather than 1554 required spaces on the subject site. Furthermore, through the Site Plan review process, staff has identified three of the existing eight loading spaces on site do not meet the minimum industrial loading space width standards. Staff is recommending relief from Section 6.2.1 to legalize three of the existing loading spaces with dimensions of 3.65 metres x 24.95 metres, rather than the required 4.3 metres x 15.2 metres. Through the review of this application, Transportation Services staff identified the need for a Transportation Impact Study (TIS) justifying the requested variance. Planning and Transportation Services staff are now in receipt of the necessary TIS; however, have not had adequate time to do a full review. As such, Planning staff recommends that this application be deferred until such time as Transportation Services has reviewed and approved the TIS in full. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 29, 2016, advising they have no concerns with this application. The Committee agreed to defer consideration of the subject application to the November 15, 2016 Committee of Adjustment meeting to allow Transportation Services staff to review the submitted Transportation Impact Study. Submission Nos.: 7. A 2016-110 to A 2016-115 Applicant: Milestone Developments Inc. Property Location: Grand Flats Trail and Rivertrail Avenue Legal Description: Lots 133, 15, 21, 23, 208 & 167, Registered Plan 58M-597 Appearances: In Support: P. Haramis Contra: None Written Submissions: None Regarding applications A 2016-110 to A 2016-113 and A 2016-115, the Committee was advised the applicant is requesting permission to construct a single detached dwelling having an easterly side yard setback of 0.8m rather than the required 1.2m. Regarding application A 2016-114, the Committee was advised the applicant is requesting permission to construct a single detached dwelling having a rear yard setback of 6.05m rather than the required 7.5m; and, a driveway located 8.87m from the intersection street lines of Rivertrail Avenue rather than the required setback of 9m. The Committee considered the report of the Planning Division, dated October 8, 2016, advising the subject properties are located within Registered Plan 58M-597 representing the third phase of residential development in the Grand River Flats subdivision located east of Eden Oak Trail just north of Fairway Road North, in the Grand River South Planning Community. The properties are described as Lots 15, 21, 23, 133, 167 and 208 of 58M-597, which was registered August 18, 2016. The subject properties are designated Low Rise Residential in the City’s Official Plan and are zoned Residential Four (R-4). COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 242 - Submission Nos.: 7.A 2016-110 to A 2016-115 (Cont’d) Milestone Developments Inc. has submitted a minor variance application for each of the six lots in question. Applications A 2016-110 through A 2106-013 and A 2016-015, for Lots 133, 15, 21, 23 and 208, are all requesting relief from the Zoning By-law to allow for a side yard setback of 0.8m instead of the required 1.2m. Application A 2016-114, for Lot 167, is requesting a rear yard setback of 6.05m instead of the required setback of 7.25m and to also have a driveway located 8.87m from an intersection of the street lines whereas 9.0m is required. A 2016-110 to A 2016-113 and A 2016-115: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments: The subject property is designated Low Rise Residential in the City’s Official Plan. The proposed variances meet the intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change to the side yard setback will maintain the low density character of the property and surrounding neighbourhood. The proposed variances conform to the designation and it is the opinion of staff is considered appropriate. The requested variance to allow for a side yard setback of 0.8m whereas 1.2m is required, meets the intent of the Zoning By-law. The purpose of a side yard setback of 1.2m is to provide separation from neighbouring properties and to ensure there is enough space to be able access the rear yard. It is the opinion of staff that a 0.8m (3 feet) versus a 1.2m (4 foot) side yard maintains both adequate separation and access to the rear yard. The variance is considered minor as a reduced side yard setback will not present any significant impacts to adjacent properties and the overall neighbourhood. The variance is appropriate development for the property and surrounding area. The proposed variance will not impact the character of the subject property or surrounding neighbourhood. A 2016-114: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments: The subject property is designated Low Rise Residential in the City’s Official Plan. The proposed variances meet the intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change to the rear yard setback along with the driveway location will maintain the low density character of the property and surrounding neighbourhood. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriate. The requested variances to approve a rear yard setback of 6.05m and for a driveway to be located 8.87m from the intersection rather than 9.0m, meets the intent of the Zoning By-law. This lot is oddly shaped and it abuts lots with irregular lot lines. As a result, the rear yard at it longest point is 7.0m and at its shortest point is 6.05m. In the opinion of staff 6.05m is an adequate rear yard setback given it is corner lot with significant yard on the flankage side. In addition, it will back onto the rear yard of the adjacent lots; therefore, staff has no concerns. Regarding the driveway setback, this is a visibility and safety issue that Transportation Services staff has considered and has expressed no concerns as the reduction is minimal. The variances are considered minor as the proposed rear yard and driveway setback will not present any significant impacts to adjacent properties and the overall neighbourhood. The variances are appropriate for the development of the property and surrounding area. The proposed variances will not impact the character of the subject property or surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 29, 2016, advising they have no concerns with these applications. Submission No.: A 2016-110 Moved by Mr. A. Head Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 243 - Submission Nos.: 7.A 2016-110 to A 2016-115 (Cont’d) That the application of Milestone Developments Inc. requesting permission to construct a single detached dwelling having an easterly side yard setback of 0.8m rather than the required 1.2m as per the plans submitted with the application, prepared by ACI Survey Consultants Inc., dated , BE September 9, 2016, on Lot 133, Plan 58M-597, 104 Grand Flats Trail, Kitchener, Ontario APPROVED , subject to the following condition: 1. That the owner shall obtain a Building Permit 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: A 2016-111 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to construct a single detached dwelling having an easterly side yard setback of 0.8m rather than the required 1.2m as per the plans submitted with the application, prepared by ACI Survey Consultants Inc., dated September 9, 2016, on Lot 15, Plan 58M-597, 153 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a Building Permit 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: A 2016-112 Moved by Mr. A. Head Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 244 - Submission Nos.: 7.A 2016-110 to A 2016-115 (Cont’d) That the application of Milestone Developments Inc. requesting permission to construct a single detached dwelling having an easterly side yard setback of 0.8m rather than the required 1.2m as per the plans submitted with the application, prepared by ACI Survey Consultants Inc., dated September 9, 2016, on Lot 21, Plan 58M-597, 191 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a Building Permit 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: A 2016-113 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to construct a single detached dwelling having a westerly side yard setback of 0.8m rather than the required 1.2m as per the plans submitted with the application, prepared by ACI Survey Consultants Inc., dated September 9, 2016, on Lot 23, Plan 58M-597, 114 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a Building Permit 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: A 2016-114 Moved by Mr. A. Head Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 245 - Submission Nos.: 7.A 2016-110 to A 2016-115 (Cont’d) That the application of Milestone Developments Inc. requesting permission to construct a single detached dwelling having a rear yard setback of 6.05m rather than the required 7.5m; and, a driveway located 8.87m as per the plans submitted with the application, prepared by ACI Survey Consultants Inc., dated September 9, 2016, from the intersection street lines of Rivertrail Avenue rather than the required setback of 9m, on Lot 167, Plan 58M-597, 500 BE APPROVED Rivertrail Avenue, Kitchener, Ontario, , subject to the following condition: 1. That the owner shall obtain a Building Permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: A 2016-115 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to construct a single detached dwelling having an easterly side yard setback of 0.8m rather than the required 1.2m as per the plans submitted with the application, prepared by ACI Survey Consultants Inc., dated September 9, 2016, on Lot 208, Plan 58M-597, 414 Rivertrail Avenue, Kitchener, BE APPROVED, Ontario,subject to the following condition: 1. That the owner shall obtain a Building Permit 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried CONSENT APPLICATIONS: Submission Nos.: 1. B 2016-023 and B 2016-024 Applicants: Raymond and Sharon Bonnell Property Location: 50 Roos Street Legal Description: Part of Biehn’s Unnumbered Tract, being Part 1 on Reference Plan 58R-3555 COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 246 - Submission Nos.: 1.B 2016-023 and B 2016-024 (Cont’d) Appearances: In Support: R. & R. Bonnell Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to create 2 new lots for residential use and retain one residential lot. Severed Lot 1 identified on the plan submitted with the application will have a lot width on Roos Street of 14.042m, a northerly depth of 58.942m and an area of 807 sq.m. Severed Lot 2 will have a width on Roos Street of 25.695m, a northerly depth of 56.023m and an area of 1011 sq.m. The retained lot will have a lot width on Roos Street of 61.021m, a southerly depth of 58.942m and an area of 3808 sq.m. The retained parcel will contain the existing single detached dwelling, the severed parcels are intended for residential development. The Committee considered the report of the Planning Division, dated October 7, 2016, advising the Committee of Adjustment deferred Applications B 2016-023 and B 2016-024 on July 19, 2016 at the request of the GRCA to allow for the completion of a survey Site Plan showing the proposed severance, the stable top of slopes, and the recommended 15 metre development setback, as well as a conceptual development layout for each of the proposed lots, with all development outside of the recommended setback. Applications B 2016-023 and B 2016-024 are requesting severance approval of two new lots from lands municipally addressed as 50 Roos Street. The existing building at 50 Roos Street is proposed to be retained. Applications B 2016-023 and B 2016-024 and the proposed severance sketch were submitted on September 7, 2016. As revised, application B 2016-023 is proposing to sever a new lot with a width of 14.042 metres at the streetline and a depth of 56.023 to 58.942 metres, and a lot area of 807 square metres. Application B 2016-024, as revised, is proposing to sever a new lot with a width of 25.695 metres at the streetline and a depth of 55.447 to 56.023 metres, and a lot area of 1011 square metres. The subject property is designated as Low Rise Residential in the City’s Official Plan and zoned as Residential Three (R-3) in the Zoning By-law. The property is within the regulated limit of the Grand River Conservation Authority (GRCA). With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion the proposed severances conform to the City’s Official Plan and will allow for orderly development that is compatible with the existing community. The configuration of the proposed lots will comply with the regulations of the Residential Four (R- 4) zone. Staff is of the opinion the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that Consent Applications B 2016-023 and B 2016-024, requesting consent to sever the subject property into three separate lots, be approved subject to the conditions listed in the Recommendation section of the staff report. Several conditions are proposed which will ensure that required storm and wastewater servicing is designed and installed to City standards, that suitable building envelopes can be achieved for each of the proposed lots, that the existing encroachments on GRCA and Region-owned lands are removed, and to require further study to ensure compatibility with the adjacent Regional Core Environmental Feature. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated October 11, 2016, advising they have no objection to these applications, subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 247 - Submission Nos.: 1.B 2016-023 and B 2016-024 (Cont’d) 1. That prior to final approval, the applicant submit payment to the Region the Consent Application Review Fee of $700.00. 2. That prior to final approval, the applicant submit, to the satisfaction of the Region, a Servicing Report demonstrating the connections to each of the severed properties. 3. That prior to final approval the applicant submit a tree/vegetation management plan to the satisfaction of the City, in consultation with the Region to identify any hazard trees along the Core Environmental Feature boundary for removal prior to development. 4. That prior to final approval, the existing encroachments within lands owned by the Region and the GRCA be addressed to the satisfaction of the City, GRCA and the Region. 5. That prior to final approval, the applicant submit payment to the Region the EIS waiver fee of $400. Mr. R. & Ms. R. Bonnell were in attendance in support of the subject application. Mr. Bonnell requested clarification on the condition outlined in the staff recommendation related to stormwater, noting there are no storm sewers currently located on the street. Mr. G. Stevenson advised that each lot would require their own servicing connections. He indicated the Engineering Design requirements have not been fully completed to the satisfaction of the City’s Engineering Division as of this date. He stated staff have written the condition to ensure there is some flexibility with regards to the final design. In response to questions regarding Region of Waterloo and GRCA encroachment concerns, Mr. Stevenson advised that there are conditions outlined in the staff recommendation to ensure the applicant removes the encroachments identified as concerns by both agencies. Questions were raised regarding the 6m separation distance for the top of slope development setback and whether the setback was sufficient. Mr. Stevenson noted staff and the various agencies are satisfied with the proposed setback. Submission No.: B 2016-023 Moved by Ms. J. Meader Seconded by Mr. A. Head That the application of Raymond and Sharon Bonnell requesting permission to sever a parcel of land identified as ‘Severed Lot 1’ on the plan submitted with the application having a width on Roos Street of 14.042m, a northerly depth of 58.942m and an area of 807 sq.m., on Part of Biehn’s Unnumbered Tract, being Part 1 on Reference Plan 58R-3555, 50 Roos Street, BE APPROVED, 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 pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% (residential) of the value of both properties to be severed. 4. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Planning and Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 248 - Submission Nos.: 1.B 2016-023 and B 2016-024 (Cont’d) a. That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning, in consultation with the Region of Waterloo, and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the severed lands. 6. That the owner shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 7. That the owner shall provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services, and the Region of Waterloo. 8. 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. 9. 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, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is 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. 10. An environmental compliance approval for sewage works be provided by the Ministry of Environment and Climate Change for the extension of the municipal sewers to the satisfaction of the Director of Engineering prior to final severance approval. 11. That the Core Environmental Feature within/contiguous to the subject lands be delineated and afforded a minimum 10-metre buffer from development and/or site alteration to the satisfaction of the City, in consultation with the Region of Waterloo. 12. That the existing encroachments within lands owned by the Region of Waterloo and the Grand River Conservation Authority (GRCA) be removed to the satisfaction of the City, GRCA and the Region. 13. That the owner shall submit payment to the Region of Waterloo the Consent Application Review Fee of $350.00. 14. That the owner shall submit payment to the Region of Waterloo the Environmental Impact Statement (EIS) waiver fee of $400.00. 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. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 249 - Submission Nos.: 1.B 2016-023 and B 2016-024 (Cont’d) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-024 Moved by Ms. J. Meader Seconded by Mr. A. Head That the application of Raymond and Sharon Bonnell requesting permission to sever a parcel of land identified as ‘Severed Lot 2’ on the plan submitted with the application having a width on Roos Street of 25.695m, a northerly depth of 56.023m and an area of 1011 sq.m., on Part of Biehn’s Unnumbered Tract, being Part 1 on Reference Plan 58R-3555, 50 Roos Street, BE APPROVED, 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 pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% (residential) of the value of both properties to be severed. 4. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Planning and Director of Engineering Services, and registered on title of the severed lands. Said agreement shall include the following special conditions: a. That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning, in consultation with the Region of Waterloo, and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the severed lands. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 250 - Submission Nos.: 1.B 2016-023 and B 2016-024 (Cont’d) 6. That the owner shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department, and the Region of Waterloo. 7. 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, and the Region of Waterloo. 8. 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. 9. 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, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is 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. 10. An environmental compliance approval for sewage works be provided by the Ministry of Environment and Climate Change for the extension of the municipal sewers to the satisfaction of the Director of Engineering prior to final severance approval. 11. That the Core Environmental Feature within/contiguous to the subject lands be delineated and afforded a minimum 10-metre buffer from development and/or site alteration to the satisfaction of the City, in consultation with the Region of Waterloo. 12. That the existing encroachments within lands owned by the Region and the Grand River Conservation Authority (GRCA) be removed to the satisfaction of the City, GRCA and the Region of Waterloo. 13. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 251 - Submission No.: 2. B 2016-031 Applicant: Rasila Manani Property Location: 130-132 Jackson Avenue Legal Description: Part Lot 128, Plan 651 Appearances: In Support: A. & R. Manani M. Armstrong 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. Both the severed and retained lots will front onto Jackson Avenue, with the severed lands having a lot width of 7.61m, a depth of 64.618m and an area of 491.74 sq.m.; and, the retained lands having a lot width of 7.611m, a depth of 64.619m and an area of 491.82 sq.m. The Committee considered the report of the Planning Division, dated October 7, 2016, advising the subject property is located on the north side of Jackson Avenue, east of Weber Street, in the Rockway Planning Community. The property contains a semi-detached dwelling constructed in 2013. The site works related to the construction of the semi-detached dwelling are not yet complete (e.g., there is no walkway from the driveway to the front door and there is no landscaping/sod in the front yard). The property is designated Low Rise Residential in the Official Plan and is zoned Residential Four (R-4). In November 2013, the property was the subject of a consent application (B 2013-040) to sever the lands into two parcels along the common wall to create separate ownership of each semi- detached house. The application was approved by the Committee but the conditions were not fulfilled within the statutory timeline; therefore, the consent approval lapsed. The subject consent application represents a re-submission of the 2013 request to sever the subject lands. Accordingly, the applicant is requesting to sever a parcel of land with an approximate frontage of 7.6 metres along Jackson Avenue, a depth of 64.6 metres, and an area of 491.7 square metres. The retained parcel will have an approximate frontage of 7.6 metres along Jackson Avenue, a depth of 64.6 metres, and an area of 491.8 square metres. The proposed lot line would be located along the centerline of the common wall. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of both the severed and retained parcels are in conformity with the City’s Official Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses, the lands front on an established public street, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. Both the severed and retained lots fully comply with the Zoning By-law. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated October 11, 2016, advising they have no objection to this application subject to the following conditions: 1. That, prior to final approval, the applicant will enter in to a registered development agreement with the City of Kitchener to implement the following noise warning clause in all offers to purchase or rental agreements for each unit: ‘Due to its proximity to Highway 7/8, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals.’ 2. That prior to final approval, the applicant submit payment to the Region the Consent Application Review Fee of $350.00. Ms. R. Manani and Messrs. A. Manani and M. Armstrong were in attendance in support of the subject application and the staff recommendation. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 252 - Submission No.: 2.B 2016-031 (Cont’d) The Chair noted the comments from the Region of Waterloo and requested the two conditions be included as part of the Committee’s decision. Ms. J. von Westerholt advised of a clerical error in the staff recommendation. She noted Condition 7 of the recommendation requires the applicant to receive approval of a Site Works Plan and Condition 8 would require the implementation of the Plan outlined in Condition 7. Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Rasila and Ashok Manani requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. Both the severed and retained lots will front onto Jackson Avenue, with the severed lands having a lot width of 7.61m, a depth of 64.618m and an area of 491.74 sq.m.; and, the retained lands having a lot width of 7.611m, a depth of 64.619m and an area of 491.82 sq.m., on Part BE APPROVED, Lot 128, Plan 651, 130-132 Jackson Avenue, 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 owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and retained lands, or otherwise receive relief from Engineering Services from this requirement. 5. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services, prior to endorsement of the deed for the severed lands. 6. That the owner shall complete and submit the Development and Reconstruction As- Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City’s to Engineering Services, prior to endorsement of the deed for the severed lands. 7. That the owner shall prepare a plan with respect to completing all site works for both the severed and retained lands, including, but not limited to front yard landscaping, front porches/landings/steps, walkways from the parking area to the front doors, and downspouts and extensions, to the satisfaction of the City’s Planning Division. 8. That the owner shall complete the works noted in the approved plan outlined in Condition 7, above, to the satisfaction of the City’s Planning Division. 9. That the owner shall enter in to a registered development agreement with the City of Kitchener to implement the following noise warning clause in all offers to purchase or rental agreements for each unit: ‘Due to its proximity to Highway 7/8, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals.’ COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 253 - Submission No.: 2.B 2016-031 (Cont’d) 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: 3. B 2016-032 Applicants: Eleanor Hansen Property Location: 362 Dodge Drive Legal Description: Part Lot 3, Beasley’s New Survey, being Part 1 on Reference Plan 58R-12152 Appearances: In Support: P. Chauvin J. Malfara K. Hansen M. Pirzada Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever an irregular- shaped parcel of land having a width on Groh Drive of 78.93m, a northerly depth of 102.496m and an area of 0.8098 hectares to be conveyed as a lot addition to the adjacent subdivision (Block 1, Stage 3, 30T-08203) for the purpose of a multiple residential development. The retained lands will be an ‘L’ shaped parcel having a width on Groh Drive of 10.31m an approximate length of 184.098m and an area of 0.9901 hectares. The retained lands will continue to be residential. The Committee considered the report of the Planning Division, dated October 7, 2016, advising Application B 2016-032 is proposing to sever a portion of 362 Dodge Drive and consolidate it with a multiple dwelling block that is part of the adjacent subdivision (Block 1, Stage 3, 30T-08203). The severed parcel is irregularly shaped and is between 63.91 and 102.496 metres wide, and around 89.0 metres in depth, with an area of 0.8098 hectares. The severed lands and the multiple block are proposed to be consolidated to have frontage onto the future Blair Creek Road. The retained lands would encompass the existing dwelling and maintain physical and legal access to Dodge Drive over an existing easement. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 254 - Submission No.: 3.B 2016-032 (Cont’d) The existing zoning of the proposed severed lands is Agricultural One (A-1). The lands are designated as Low Rise Residential in the City’s Official Plan. A future zone change application to Residential Six (R-6) to permit multiple dwellings is required. A modification to draft Plan of Subdivision 30T-08203 is required to bring the severed lands into the area bound by the application. It is recommended the severed lands be included in Stage 3. The trail location shown on the draft approved Plan of Subdivision 30T-08203 is proposed to be realigned and will be further explored through the subdivision modification process. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severances conform to the City’s Official Plan and will allow for orderly development that is compatible with the existing community. The proposed severance and lot consolidation will allow for the severed lands to be comprehensively developed with the adjacent planned community. The consolidation of the severed lands will provide legal frontage along Blair Creek Drive. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated October 11, 2016, advising they have no objection to this application, subject to the following conditions: 1. That prior to final approval, the owner to complete a water servicing report for the severed and retained lands, to the satisfaction of the Reginal Commissioner of Planning, Development and Legislative Services. 2. That prior to final approval, the owner update the final stormwater management plan for the Stauffer Woods subdivision 30T-08203 to include the severed lands, to the satisfaction of the Reginal Commissioner of Planning, Development and Legislative Services. 3. That prior to final approval, the owner complete a road traffic noise study to address Blair Creek Drive noise and any other municipal streets within 200m which may have a 10-year forecast average annual daily traffic (AADT) of 4000 vehicles or more per day, to the satisfaction of the Reginal Commissioner of Planning, Development and Legislative Services. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated October 14, 2016, advising although they have no concerns with this application, they noted the subject property is located within 120 metres of the Roseville Swamp-Cedar Creek Provincially Significant Wetland Complex. Consequently, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06. Messrs. P. Chauvin and J. Malfara were in attendance in support of the subject application. Mr. Chauvin reviewed the conditions requested by the Region of Waterloo, noting the conditions relate to the over-all development of the subdivision and although he has no objection with the conditions being imposed, it may be more appropriate if they were imposed through the subdivision approval process. In his opinion, including them in the Committee’s decision may make it challenging to complete the consent conditions within the one-year deadline. Mr. G. Stevenson reviewed the Regional conditions, noting he was in agreement with the applicant. He noted Condition 4 of the staff recommendation would require the applicant to complete a subdivision modification application, which could include consideration of the conditions being requested by the Region of Waterloo through that process and would ensure the applicant was able to complete their conditions within the one-year deadline. Ms. J. von Westerholt requested a further amendment to include two additional conditions: that the lands to be severed be added to the abutting lands and title be taken into identical ownership; and, that the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 255 - Submission No.: 3.B 2016-032 (Cont’d) Moved by Ms. J. Meader Seconded by Mr. A. Head That the application of Eleanor Hansen requesting permission to sever an irregular-shaped parcel of land having a width on Groh Drive of 78.93m, a northerly depth of 102.496m and an area of 0.8098 hectares to be conveyed as a lot addition to the adjacent subdivision (Block 1, Stage 3, 30T-08203) for the purpose of a multiple residential development, on Part Lot 3, Beasley’s New Survey, being Part 1 on Reference Plan 58R-12152, 362 Dodge Drive, BE APPROVED, 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 and receive final approval of a Zone Change Application for the severed lands. 4. That the owner shall submit and receive final approval of, a subdivision modification application for the severed lands, which shall include consideration of the following conditions requested by the Region of Waterloo: a. That the owner shall complete a water servicing report for the severed and retained lands, to the satisfaction of the Reginal Commissioner of Planning, Development and Legislative Services. b. That the owner shall update the final stormwater management plan for the Stauffer Woods subdivision 30T-08203 to include the severed lands, to the satisfaction of the Reginal Commissioner of Planning, Development and Legislative Services. c. That the owner shall complete a road traffic noise study to address Blair Creek Drive noise and any other municipal streets within 200m which may have a 10-year forecast average annual daily traffic (AADT) of 4000 vehicles or more per day, to the satisfaction of the Reginal Commissioner of Planning, Development and Legislative Services. 5. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 6. That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 256 - Submission No.: 3.B 2016-032 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission Nos.: 4. B 2016-033 to B 2016-038 Applicants: 2040796 Ontario Ltd. Property Location: Postmaster Drive Legal Description: Part Block 444, Registered Plan 58M-579, and Part Lot 153, German Company Tract Ms. J. Meader declared a pecuniary interest with respect to Applications B 2016-033 to B 2016-038, as the applicant is a client of her firm; accordingly, she did not take part in any discussion or voting regarding this matter. Appearances: In Support: M. Parsons D. Riley T. Schnarr Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever 6 residential lots for street-fronting townhouses and retain 1 lot. All lots will have frontage on Postmaster Drive and will have the following dimensions: B 2016-033 – Part Block 444, Plan 58M-579, being Parts 6 & 9 Width – 6.51m Depth – 26.86 Area – 174.86 sq.m. B 2016-034 – Part Block 444, Plan 58M-579, being Parts 5 & 10 Width – 6.51m Depth – 26.86m Area – 174.86 sq.m. B 2016-035 – Part Block 444, Plan 58M-579, being Parts 4 & 11 Width – 6.51m Depth – 26.86m Area – 174.86 sq.m. B 2016-036 – Part Block 444, Plan 58M-579, being Parts 3 & 12 Width – 6.51m Depth – 26.86m Area – 174.86 sq.m. B 2016-037 – Part Block 444, Plan 58M-579, being Parts 2 & 13 Width – 6.51m Depth – 26.86m Area – 174.86 sq.m. B 2016-038 – Block 444, Plan 58M-579, being Parts 1 & 14 COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 257 - Submission Nos.: 4.B 2016-033 to B 2016-038 (Cont’d) Width – 8.25m Depth – 26.86m Area – 226.55 sq.m. Retained parcel - Block 444, Plan 58M-579 being Parts 7 & 8 Width – 10m Depth – 26.86m Area – 268.6 sq.m. The Committee considered the report of the Planning Division, dated October 6, 2016, advising the subject lands are located on Postmaster Drive in the Mattamy Wildflowers subdivision. The lands are currently being developed with 7 street-fronting townhouses, for which Site Plan Approval (SP15/116/P/GS) was granted. The subject applications B 2016-033 through B 2016- 038 propose to sever the lands into 7 lots. Typically, when street-fronting townhouses are developed in new plans of subdivision, such land division takes place through the passing of a Part Lot Control Exemption By-law. However, in this instance, the parcel of land containing the townhouses, is not eligible for Part Lot Control, as it is not a whole lot of block in a plan of subdivision; rather, it was created by consolidating two separate parcels. The owner is proposing to sever the lands as follows, and as depicted on the plan attached to the application: B 2016-033 – Frontage of 6.51 m, Depth of 26.86 m, Area of 174.86 m2 B 2016-034 – Frontage of 6.51 m, Depth of 26.86 m, Area of 174.86 m2 B 2016-035 – Frontage of 6.51 m, Depth of 26.86 m, Area of 174.86 m2 B 2016-036 – Frontage of 6.51 m, Depth of 26.86 m, Area of 174.86 m2 B 2016-037 – Frontage of 6.51 m, Depth of 26.86 m, Area of 174.86 m2 B 2016-038 – Frontage of 8.25 m, Depth of 26.86 m, Area of 226.55 m2 Retained – Frontage of 10 m, Depth of 26.86 m, Area of 268.6m2 The lands are designated Low Density Residential Two in the Rosenberg Secondary Plan, and are zoned Residential Six Zone (R-6) 604R, 606R and 612R. Each townhouse unit and proposed lot conforms to the relevant policies and zoning regulations. 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 lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City’s Official Plan and Zoning By-law. The size, dimensions and shapes of the proposed lots is suitable for the use of the lands. The lands front on an established public street, and are serviced with independent and adequate service connections to municipal services. Planning staff is of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated October 11, 2016, advising they have no objection to these applications subject to the following conditions: 1. That prior to final approval, the owner enter into an agreement with the City of Kitchener to include the following warning clauses in all offers of purchase and/or rental agreements for the severed and retained lands: a. Purchasers/tenants are advised that due to the proximity of existing and proposed future commercial developments, noise from these facilities may at times be audible; and, b. Purchasers/tenants are advised that this property is in proximity to licensed aggregate extraction, processing and material recycling areas, operations in which at times may generate noise levels which are audible and may expand in the future. 2. That prior to final approval, the applicant submit payment to the Region of Waterloo the Consent Application Review Fee of $2,100.00. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 258 - Submission Nos.: 4.B 2016-033 to B 2016-038 (Cont’d) The Committee considered the report of Kitchener-Wilmot Hydro Inc., dated October 7, 2016, noting they have no objection to this application, subject to the following condition: 1. Since retained parcel parts 7 & 8 are required for Hydro meters, the applicant must make arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. before the severances are granted. The Chair noted the Conditions requested by the Region of Waterloo and Kitchener-Wilmot Hydro and requested that they be included as part of the Committee’s decision. Submission No.: B 2016-033 Moved by Mr. A. Head Seconded by Mr. D. Cybalski That the application of 2040796 Ontario Ltd. requesting permission to convey a parcel of land for a townhouse unit, identified as ‘Parts 6 & 9’ on the plan submitted with the application, having a width on Postmaster Drive of 6.51m, a depth of 26.86m, and an area of 174.86 sq.m., on Part Block 444, Registered Plan 58M-579, and Part Lot 153, German Company Tract, BE APPROVED, 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 owner shall enter into an agreement with the City of Kitchener to include the following warning clauses in all offers of purchase and/or rental agreements for the severed and retained lands: a. Purchasers/tenants are advised that due to the proximity of existing and proposed future commercial developments, noise from these facilities may at times be audible; and, b. Purchasers/tenants are advised that this property is in proximity to licensed aggregate extraction, processing and material recycling areas, operations in which at times may generate noise levels which are audible and may expand in the future. 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 make satisfactory arrangements for granting any easements for the retained lands required by Kitchener-Wilmot Hydro Inc. 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. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 259 - Submission Nos.: 4.B 2016-033 to B 2016-038 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-034 Moved by Mr. A. Head Seconded by Mr. D. Cybalski That the application of 2040796 Ontario Ltd. requesting permission to convey a parcel of land for a townhouse unit, identified as ‘Parts 5 & 10’ on the plan submitted with the application, having a width on Postmaster Drive of 6.51m, a depth of 26.86m, and an area of 174.86 sq.m., on Part Block 444, Registered Plan 58M-579, and Part Lot 153, German Company Tract, BE APPROVED, 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 owner shall enter into an agreement with the City of Kitchener to include the following warning clauses in all offers of purchase and/or rental agreements for the severed and retained lands: a. Purchasers/tenants are advised that due to the proximity of existing and proposed future commercial developments, noise from these facilities may at times be audible; and, b. Purchasers/tenants are advised that this property is in proximity to licensed aggregate extraction, processing and material recycling areas, operations in which at times may generate noise levels which are audible and may expand in the future. 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 make satisfactory arrangements for granting any easements for the retained lands required by Kitchener-Wilmot Hydro Inc. 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. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 260 - Submission Nos.: 4.B 2016-033 to B 2016-038 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-035 Moved by Mr. A. Head Seconded by Mr. D. Cybalski That the application of 2040796 Ontario Ltd. requesting permission to convey a parcel of land for a townhouse unit, identified as ‘Parts 4 & 11’ on the plan submitted with the application, having a width on Postmaster Drive of 6.51m, a depth of 26.86m, and an area of 174.86 sq.m., on Part Block 444, Registered Plan 58M-579, and Part Lot 153, German Company Tract, BE APPROVED, 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 owner shall enter into an agreement with the City of Kitchener to include the following warning clauses in all offers of purchase and/or rental agreements for the severed and retained lands: a. Purchasers/tenants are advised that due to the proximity of existing and proposed future commercial developments, noise from these facilities may at times be audible; and, b. Purchasers/tenants are advised that this property is in proximity to licensed aggregate extraction, processing and material recycling areas, operations in which at times may generate noise levels which are audible and may expand in the future. 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 make satisfactory arrangements for granting any easements for the retained lands required by Kitchener-Wilmot Hydro Inc. 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. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 261 - Submission Nos.: 4.B 2016-033 to B 2016-038 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-036 Moved by Mr. A. Head Seconded by Mr. D. Cybalski That the application of 2040796 Ontario Ltd. requesting permission to convey a parcel of land for a townhouse unit, identified as ‘Parts 3 & 12’ on the plan submitted with the application, having a width on Postmaster Drive of 6.51m, a depth of 26.86m, and an area of 174.86 sq.m., on Part Block 444, Registered Plan 58M-579, and Part Lot 153, German Company Tract, BE APPROVED, 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 owner shall enter into an agreement with the City of Kitchener to include the following warning clauses in all offers of purchase and/or rental agreements for the severed and retained lands: a. Purchasers/tenants are advised that due to the proximity of existing and proposed future commercial developments, noise from these facilities may at times be audible; and, b. Purchasers/tenants are advised that this property is in proximity to licensed aggregate extraction, processing and material recycling areas, operations in which at times may generate noise levels which are audible and may expand in the future. 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 make satisfactory arrangements for granting any easements for the retained lands required by Kitchener-Wilmot Hydro Inc. 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. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 262 - Submission Nos.: 4.B 2016-033 to B 2016-038 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-037 Moved by Mr. A. Head Seconded by Mr. D. Cybalski That the application of 2040796 Ontario Ltd. requesting permission to convey a parcel of land for a townhouse unit, identified as ‘Parts 2 & 13’ on the plan submitted with the application, having a width on Postmaster Drive of 6.51m, a depth of 26.86m, and an area of 174.86 sq.m., on Part Block 444, Registered Plan 58M-579, and Part Lot 153, German Company Tract, BE APPROVED, 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 owner shall enter into an agreement with the City of Kitchener to include the following warning clauses in all offers of purchase and/or rental agreements for the severed and retained lands: a. Purchasers/tenants are advised that due to the proximity of existing and proposed future commercial developments, noise from these facilities may at times be audible; and, b. Purchasers/tenants are advised that this property is in proximity to licensed aggregate extraction, processing and material recycling areas, operations in which at times may generate noise levels which are audible and may expand in the future. 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 make satisfactory arrangements for granting any easements for the retained lands required by Kitchener-Wilmot Hydro Inc. 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. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 263 - Submission Nos.: 4.B 2016-033 to B 2016-038 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-038 Moved by Mr. A. Head Seconded by Mr. D. Cybalski That the application of 2040796 Ontario Ltd. requesting permission to convey a parcel of land for a townhouse unit, identified as ‘Parts 1 & 14’ on the plan submitted with the application, having a width on Postmaster Drive of 8.25m, a depth of 26.86m, and an area of 226.55 sq.m., on Part Block 444, Registered Plan 58M-579, and Part Lot 153, German Company Tract, BE APPROVED, 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 owner shall enter into an agreement with the City of Kitchener to include the following warning clauses in all offers of purchase and/or rental agreements for the severed and retained lands: a. Purchasers/tenants are advised that due to the proximity of existing and proposed future commercial developments, noise from these facilities may at times be audible; and, b. Purchasers/tenants are advised that this property is in proximity to licensed aggregate extraction, processing and material recycling areas, operations in which at times may generate noise levels which are audible and may expand in the future. 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 make satisfactory arrangements for granting any easements for the retained lands required by Kitchener-Wilmot Hydro Inc. 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. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 264 - Submission Nos.: 4.B 2016-033 to B 2016-038 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission Nos.: 5. B 2016-039 and B 2016-040 Applicant: 1090504 Ontario Limited Property Location: 60 and 100 Washburn Drive Legal Description: Part Lot 128, Plan 651 Appearances: In Support: N. Palmer Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land municipally addressed as 60 Washburn Drive, having a width of on Washburn Drive of 107.14m, a westerly depth of 95.38m and an area of 1.196 hectares. The retained land municipally addressed as 100 Washburn Drive will have a width on Washburn Drive of approximately 170m, a westerly depth of 222.97m and an area of 3.856 hectares. Permission is also being requested to grant an easement over 100 Washburn Drive having a width on Washburn drive of 9.24m a depth of 139.7m in favour of 60 Washburn Drive for access. The severed and retained lands will continue to be an industrial use. The Committee considered the report of the Planning Division, dated October 6, 2016, advising the subject lands are located on Washburn Drive in the Huron Business Park. The portion of the lands addressed as 100 Washburn Drive contains a large industrial building (Mitchell Plastics). The portion addressed as 60 Washburn Drive has recently received site plan approval for a new industrial building which is currently under construction (warehouse and office). The two parcels were originally separate parcels which were merged on title. The owner wishes to separate them generally along the former property lines as shown on the map above, and on the Severance Sketch submitted in support of the application. In addition to the re-creation of the two lots, an access easement (right-of-way) has been requested over 100 Washburn Drive in favour of 60 Washburn Drive to provide for a shared driveway. The subject lands are designated Business Park in the Official Plan and zoned Restricted Business Park Zone (B-2) which permits the current use of 100 Washburn Drive and the proposed use of the building under construction at 60 Washburn Drive. The size of the parcels, dimensions and shape of the proposed lots, and setbacks to buildings comply with zoning regulations and are appropriate and suitable for the uses of the lands. The layout of the site and parking lot on the lands to be severed has been considered and approved through the City’s Site Plan process (SP158/094/W/CL). Subject to the proposed easement, which provides for a right- of-way, staff is of the opinion that the lots will function well as two separate parcels. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of both the severed and retained parcels are in conformity with the City’s Official Plan, the size of the parcels, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses and any other permitted uses of the lands. The lands front on an established public street, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. Planning staff is of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 265 - Submission Nos.: 5.B 2016-039 and B 2016-040 (Cont’d) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated October 11, 2016, advising they have no objection to these application subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region the Consent Application Review Fee of $350.00. Submission No.: B 2016-039 Moved by Ms. J. Meader Seconded by Mr. A. Head That the application of 1090504 Ontario Limited requesting permission to sever a parcel of land municipally addressed as 60 Washburn Drive, having a width of on Washburn Drive of 107.14m, a westerly depth of 95.38m and an area of 1.196 hectares, on Part Lot 12, Plan 1471, being Part 2 on Reference Plan 58R-14392 except Part 2 on Reference Plan 58R- BE APPROVED, 16246, 60 Washburn Drive, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-040 Moved by Ms. J. Meader Seconded by Mr. A. Head COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 266 - Submission Nos.: 5.B 2016-039 and B 2016-040 (Cont’d) That the application of 1090504 Ontario Limited requesting permission to grant an easement, in favour of 60 Washburn Drive, having a width on Washburn drive of 9.24m and a depth of 139.7m for access, on Part Lot 12, Plan 1471, being Part 2 on Reference Plan 58R-14392 BE except Part 2 on Reference Plan 58R-16246, 100 Washburn Drive, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands: a. Shall enter into a joint maintenance agreement, to be approved by the City Solicitor, to ensure that the access easement (right-of-way) is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement; b. Shall provide a satisfactory Solicitor’s Undertaking to register the approved Transfer Easements and immediately thereafter, the approved joint maintenance agreement, to the City Solicitor; and, c. Shall provide copies of the registered Transfer Easements and joint maintenance agreement to the City Solicitor immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission Nos.: 6. B 2016-041 to B 2016-114 Applicant: Milestone Developments Inc. Property Location: Grand Flats Trail, Rivertrail Avenue and Crosswinds Drive Legal Description: Lots 3-15, 17-21, 23-36, 100-110, 127-133, 165-167 188-196, and 199-210, Registered Plan 58M-597 Appearances: In Support: P. Haramis COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 267 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to grant easements for 74 properties for encroachment and maintenance purposes. All of the properties are intended for residential development. The Committee considered the report of the Planning Division, dated October 4, 2016, regarding Applications B 2016-041 to B 2016-049 and B 2016-082 to B 2016-114, advising the subject lands front onto Rivertrail Avenue, Grand Flats Trail and Crosswinds Drive in the Grand River Flats Subdivision, located in the Grand River South Planning Neighbourhood adjacent to Old Zeller Drive and Fairway Road North. The subject lands are comprised of Lots 100-110, Lots 127-133, Lots 165-167, Lots 188-196, and Lots 199-210 on Registered Plan 58M-597. The location of the subject lots are outlined on the Location Map (excerpt from 58M-597) above. These lots are currently vacant and are proposed to be developed with single detached dwellings with a zero side yard setback. The applicant is requesting consent to create a total of 42 easements measuring 1.5 metres wide (0.3 metres for encroachment and 1.2 metres for maintenance) and between 26.99 and 29 metres in length. The purpose of each easement is to provide property owners with the ability to legally enter onto the neighbouring property to access the side of the dwelling for maintenance purposes only. The properties are designated Low Rise Residential in the City’s Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The R-4 zone permits single detached dwellings to be constructed on a lot with a zero side yard setback, where a maximum encroachment of 0.3 metres into abutting lands is provided for the projection of eaves and a 1.5 metre easement is granted by the owner of the subject abutting lands for the maintenance of walls, eaves and real property. Staff has no concerns with the applications as the easements are required by the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the easements are considered good planning that satisfies the policies of both the City’s Official Plan and the Provincial Policy Statement. The Committee considered the report of the Planning Division, dated October 4, 2016, regarding Applications B 2016-050 to B 2016-081, advising the subject lands front onto Rivertrail Avenue in the Grand River Flats Subdivision, located in the Grand River South Planning Neighbourhood and adjacent to Old Zeller Drive and Fairway Road North. The subject lands are comprised of Lots 3 to 15 inclusive, Lots 17 to 21 inclusive, and Lots 23 to 36 inclusive on Registered Plan 58M-597. The location of the subject lots are outlined on the Location Map (excerpt from 58M- 597) included with the application. These lots are currently vacant and are proposed to be developed with single detached dwellings with a zero side yard setback. The applicant is requesting consent to create a total of 32 easements measuring 1.5 metres wide (0.3 metres for encroachment and 1.2 metres for maintenance) and between 27.4 and 32 metres in length. The purpose of each easement is to provide property owners with the ability to legally enter onto the neighbouring property to access the side of their dwelling for maintenance purposes only. The properties are designated Low Rise Residential in the City’s Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The R-4 zone permits single detached dwellings to be sited on a lot with a zero side yard setback, where a maximum encroachment of 0.3 metres into abutting lands is provided for the projection of eaves and a 1.5 metre easement is granted by the owner of the subject abutting lands for the maintenance of walls, eaves and real property. Staff has no concerns with the applications, as the easements are required by the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 268 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) R.S.O. 1990, c.P.13, staff is satisfied that the creation of this easement is considered good planning that satisfies the policies of both the City’s Official Plan and the Provincial Policy Statement. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated October 11, 2016, advising they have no objections to these applications. Submission No.: B 2016-041 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 63 Crosswinds Drive (Lot 189, Plan 58M-597) having a total width of 1.5m, a depth of 28.09m and an area of 42.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 188, Plan 58M-597, 59 Crosswinds Drive, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 OCTOBER 18, 2016 - 269 - Submission Nos.: 6.B 2016-041 to B 2016-114 (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 October 18, 2018. Carried Submission No.: B 2016-042 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 67 Crosswinds Drive (Lot 190, Plan 58M-597) having a total width of 1.5m, a depth of 28.15m and an area of 42.2 sq.m. for the purposes of encroachment and BE maintenance, on Lot 189, Plan 58M-597, 63 Crosswinds Drive, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 270 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Submission No.: B 2016-043 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 71 Crosswinds Drive (Lot 191, Plan 58M-597) having a total width of 1.5m, a depth of 28.20m and an area of 42.3 sq.m. for the purposes of encroachment and BE maintenance, on Lot 190, Plan 58M-597, 67 Crosswinds Drive, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-044 Moved by Mr. A. Head Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 271 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 75 Crosswinds Drive (Lot 192, Plan 58M-597) having a total width of 1.5m, a depth of 28.08m and an area of 42.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 191, Plan 58M-597, 71 Crosswinds Drive, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-045 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 79 Crosswinds Drive (Lot 193, Plan 58M-597) having a total width of 1.5m, a depth of 28.37m and an area of 42.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 192, Plan 58M-597, 75 Crosswinds Drive, Kitchener, Ontario, APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 272 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-046 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 83 Crosswinds Drive (Lot 194, Plan 58M-597) having a total width of 1.5m, a depth of 28.45m and an area of 42.7 sq.m. for the purposes of encroachment and BE maintenance, on Lot 193, Plan 58M-597, 79 Crosswinds Drive, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 273 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-047 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 87 Crosswinds Drive (Lot 195, Plan 58M-597) having a total width of 1.5m, a depth of 28.59m and an area of 42.9 sq.m. for the purposes of encroachment and BE maintenance, on Lot 194, Plan 58M-597, 83 Crosswinds Drive, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 274 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 3. 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 said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-048 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 91 Crosswinds Drive (Lot 196, Plan 58M-597) having a total width of 1.5m, a depth of 28.63m and an area of 42.9 sq.m. for the purposes of encroachment and BE maintenance, on Lot 195, Plan 58M-597, 87 Crosswinds Drive, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 275 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-049 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 95 Crosswinds Drive (Lot 197, Plan 58M-597) having a total width of 1.5m, a depth of 28.5m and an area of 42.8 sq.m. for the purposes of encroachment and BE maintenance, on Lot 196, Plan 58M-597, 91 Crosswinds Drive, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 276 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-050 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 101 Rivertrail Avenue (Lot 2, Plan 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 3, Plan 58M-597, 105 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 277 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-051 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 105 Rivertrail Avenue (Lot 3, Plan 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 4, Plan 58M-597, 109 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 278 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-052 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 109 Rivertrail Avenue (Lot 4, Plan 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 5, Plan 58M-597, 113 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 279 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 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 October 18, 2018. Carried Submission No.: B 2016-053 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 113 Rivertrail Avenue (Lot 5, Plan 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 6, Plan 58M-597, 117 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 OCTOBER 18, 2016 - 280 - Submission Nos.: 6.B 2016-041 to B 2016-114 (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 October 18, 2018. Carried Submission No.: B 2016-054 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 117 Rivertrail Avenue (Lot 6, Plan 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 7, Plan 58M-597, 121 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 281 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Submission No.: B 2016-055 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 121 Rivertrail Avenue (Lot 7, Plan 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 8, Plan 58M-597, 125 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-056 Moved by Mr. A. Head Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 282 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 125 Rivertrail Avenue (Lot 8, Plan 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 9, Plan 58M-597, 129 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-057 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 129 Rivertrail Avenue (Lot 9, 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and maintenance, BE APPROVED, on Lot 10, Plan 58M-597, 133 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 283 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-058 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 133 Rivertrail Avenue (Lot 10, Plan 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 11, Plan 58M-597, 137 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 284 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-059 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 137 Rivertrail Avenue (Lot 11, Plan 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 12, Plan 58M-597, 141 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 285 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 3. 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 said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-060 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 141 Rivertrail Avenue (Lot 12, Plan 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 13, Plan 58M-597, 145 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 286 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-061 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 145 Rivertrail Avenue (Lot 13, Plan 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 14, Plan 58M-597, 149 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 287 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-062 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 149 Rivertrail Avenue (Lot 14, 58M-597) having a total width of 1.5m, a depth of 27.4m and an area of 41.1 sq.m. for the purposes of encroachment and maintenance, BE APPROVED, on Lot 15, Plan 58M-597, 153 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 288 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-063 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 171 Rivertrail Avenue (Lot 16, 58M-597) having a total width of 1.5m, a depth of 32m and an area of 48 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 17, Plan 58M-597, 175 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 289 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-064 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 175 Rivertrail Avenue (Lot 17, 58M-597) having a total width of 1.5m, a depth of 32m and an area of 48 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 18, Plan 58M-597, 179 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 290 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 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 October 18, 2018. Carried Submission No.: B 2016-065 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 179 Rivertrail Avenue (Lot 18, 58M-597) having a total width of 1.5m, a depth of 32m and an area of 48 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 19, Plan 58M-597, 183 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 OCTOBER 18, 2016 - 291 - Submission Nos.: 6.B 2016-041 to B 2016-114 (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 October 18, 2018. Carried Submission No.: B 2016-066 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 183 Rivertrail Avenue (Lot 19, 58M-597) having a total width of 1.5m, a depth of 32m and an area of 48 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 20, Plan 58M-597, 187 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 292 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Submission No.: B 2016-067 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 187 Rivertrail Avenue (Lot 20, 58M-597) having a total width of 1.5m, a depth of 32m and an area of 48 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 21, Plan 58M-597, 191 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-068 Moved by Mr. A. Head Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 293 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 118 Rivertrail Avenue (Lot 24, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 23, Plan 58M-597, 114 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-069 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 122 Rivertrail Avenue (Lot 25, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 24, Plan 58M-597, 118 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 294 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-070 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 126 Rivertrail Avenue (Lot 26, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 25, Plan 58M-597, 122 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 295 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-071 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 130 Rivertrail Avenue (Lot 27, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 26, Plan 58M-597, 126 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 296 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 3. 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 said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-072 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 134 Rivertrail Avenue (Lot 28, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 27, Plan 58M-597, 130 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 297 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-073 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 138 Rivertrail Avenue (Lot 29, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 28, Plan 58M-597, 134 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 298 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-074 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 142 Rivertrail Avenue (Lot 30, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 29, Plan 58M-597, 138 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 299 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-075 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 146 Rivertrail Avenue (Lot 31, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 30, Plan 58M-597, 142 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 300 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-076 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 150 Rivertrail Avenue (Lot 32, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 31, Plan 58M-597, 146 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 301 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 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 October 18, 2018. Carried Submission No.: B 2016-077 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 154 Rivertrail Avenue (Lot 33, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 32, Plan 58M-597, 150 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 OCTOBER 18, 2016 - 302 - Submission Nos.: 6.B 2016-041 to B 2016-114 (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 October 18, 2018. Carried Submission No.: B 2016-078 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 158 Rivertrail Avenue (Lot 34, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 33, Plan 58M-597, 154 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 303 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Submission No.: B 2016-079 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 162 Rivertrail Avenue (Lot 35, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 34, Plan 58M-597, 158 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-080 Moved by Mr. A. Head Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 304 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 166 Rivertrail Avenue (Lot 36, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 35, Plan 58M-597, 162 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-081 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 170 Rivertrail Avenue (Lot 37, 58M-597) having a total width of 1.5m, a depth of 27.75m and an area of 41.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 36, Plan 58M-597, 166 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 305 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. That the City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-082 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 477 Rivertrail Avenue (Lot 101, 58M-597) having a total width of 1.5m, a depth of 28.66m and an area of 43 sq.m. for the purposes of encroachment and maintenance, BE APPROVED, on Lot 100, Plan 58M-597, 481 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 306 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-083 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 473 Rivertrail Avenue (Lot 102, 58M-597) having a total width of 1.5m, a depth of 28.64m and an area of 43 sq.m. for the purposes of encroachment and maintenance, BE APPROVED, on Lot 101, Plan 58M-597, 477 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 307 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 3. 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 said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-084 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 469 Rivertrail Avenue (Lot 103, 58M-597) having a total width of 1.5m, a depth of 28.6m and an area of 42.9 sq.m. for the purposes of encroachment and maintenance, BE APPROVED, on Lot 102, Plan 58M-597, 473 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 308 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-085 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 465 Rivertrail Avenue (Lot 104, 58M-597) having a total width of 1.5m, a depth of 28.8m and an area of 43.2 sq.m. for the purposes of encroachment and maintenance, BE APPROVED, on Lot 103, Plan 58M-597, 469 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 309 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-086 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 461 Rivertrail Avenue (Lot 105, 58M-597) having a total width of 1.5m, a depth of 28.79m and an area of 43.2 sq.m. for the purposes of encroachment and BE maintenance, on Lot 104, Plan 58M-597, 465 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 310 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-087 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 457 Rivertrail Avenue (Lot 106, 58M-597) having a total width of 1.5m, a depth of 28.59m and an area of 42.9 sq.m. for the purposes of encroachment and BE maintenance, on Lot 105, Plan 58M-597, 461 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 311 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-088 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 453 Rivertrail Avenue (Lot 107, 58M-597) having a total width of 1.5m, a depth of 28.72m and an area of 43.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 106, Plan 58M-597, 457 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 312 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 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 October 18, 2018. Carried Submission No.: B 2016-089 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 449 Rivertrail Avenue (Lot 108, 58M-597) having a total width of 1.5m, a depth of 28.8m and an area of 43.2 sq.m. for the purposes of encroachment and maintenance, BE APPROVED, on Lot 107, Plan 58M-597, 453 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 OCTOBER 18, 2016 - 313 - Submission Nos.: 6.B 2016-041 to B 2016-114 (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 October 18, 2018. Carried Submission No.: B 2016-090 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 445 Rivertrail Avenue (Lot 109, 58M-597) having a total width of 1.5m, a depth of 28.68m and an area of 43 sq.m. for the purposes of encroachment and maintenance, BE APPROVED, on Lot 108, Plan 58M-597, 449 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 314 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Submission No.: B 2016-091 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 441 Rivertrail Avenue (Lot 110, 58M-597) having a total width of 1.5m, a depth of 28.63m and an area of 42.9 sq.m. for the purposes of encroachment and BE maintenance, on Lot 109, Plan 58M-597, 445 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-092 Moved by Mr. A. Head Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 315 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 437 Rivertrail Avenue (Lot 111, 58M-597) having a total width of 1.5m, a depth of 28.79m and an area of 43.2 sq.m. for the purposes of encroachment and BE maintenance, on Lot 110, Plan 58M-597, 441 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-093 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 76 Grand Flats Trail (Lot 126, 58M-597) having a total width of 1.5m, a depth of 28m and an area of 42 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 127, Plan 58M-597, 80 Grand Flats Trail, Kitchener, Ontario, subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 316 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-094 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 80 Grand Flats Trail (Lot 127, 58M-597) having a total width of 1.5m, a depth of 28m and an area of 42 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 128, Plan 58M-597, 84 Grand Flats Trail, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 317 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-095 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 84 Grand Flats Trail (Lot 128, 58M-597) having a total width of 1.5m, a depth of 28m and an area of 42 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 129, Plan 58M-597, 88 Grand Flats Trail, 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. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 318 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 3. 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 said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-096 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 88 Grand Flats Trail (Lot 129, 58M-597) having a total width of 1.5m, a depth of 28m and an area of 42 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 130, Plan 58M-597, 92 Grand Flats Trail, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 319 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-097 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 92 Grand Flats Trail (Lot 130, 58M-597) having a total width of 1.5m, a depth of 28m and an area of 42 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 131, Plan 58M-597, 96 Grand Flats Trail, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 320 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-098 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 96 Grand Flats Trail (Lot 131, 58M-597) having a total width of 1.5m, a depth of 28m and an area of 42 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 132, Plan 58M-597, 100 Grand Flats Trail, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 321 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-099 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 100 Grand Flats Trail (Lot 132, 58M-597) having a total width of 1.5m, a depth of 28m and an area of 42 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 133, Plan 58M-597, 104 Grand Flats Trail, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 322 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-100 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 504 Rivertrail Avenue (Lot 166, 58M-597) having a total width of 1.5m, a depth of 26.99m and an area of 40.5 sq.m. for the purposes of encroachment and BE maintenance, on Lot 167, Plan 58M-597, 500 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 323 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 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 October 18, 2018. Carried Submission No.: B 2016-101 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 508 Rivertrail Avenue (Lot 165, 58M-597) having a total width of 1.5m, a depth of 27.01m and an area of 40.5 sq.m. for the purposes of encroachment and BE maintenance, on Lot 166, Plan 58M-597, 504 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 OCTOBER 18, 2016 - 324 - Submission Nos.: 6.B 2016-041 to B 2016-114 (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 October 18, 2018. Carried Submission No.: B 2016-102 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 512 Rivertrail Avenue (Lot 164, 58M-597) having a total width of 1.5m, a depth of 27.03m and an area of 40.5 sq.m. for the purposes of encroachment and BE maintenance, on Lot 165, Plan 58M-597, 508 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 325 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Submission No.: B 2016-103 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 454 Rivertrail Avenue (Lot 198, 58M-597) having a total width of 1.5m, a depth of 28.07m and an area of 42.1 sq.m. for the purposes of encroachment and BE maintenance, on Lot 199 Plan 58M-597, 450 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-104 Moved by Mr. A. Head Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 326 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 450 Rivertrail Avenue (Lot 199, 58M-597) having a total width of 1.5m, a depth of 27.93m and an area of 41.9 sq.m. for the purposes of encroachment and BE maintenance, on Lot 200, Plan 58M-597, 446 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-105 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 446 Rivertrail Avenue (Lot 200, 58M-597) having a total width of 1.5m, a depth of 28m and an area of 42 sq.m. for the purposes of encroachment and maintenance, on BE APPROVED, Lot 201, Plan 58M-597, 442 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 327 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-106 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 442 Rivertrail Avenue (Lot 201, 58M-597) having a total width of 1.5m, a depth of 28.28m and an area of 42.4 sq.m. for the purposes of encroachment and BE maintenance, on Lot 202, Plan 58M-597, 438 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 328 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-107 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 438 Rivertrail Avenue (Lot 202, 58M-597) having a total width of 1.5m, a depth of 28.4m and an area of 42.6 sq.m. for the purposes of encroachment and maintenance, BE APPROVED, on Lot 203, Plan 58M-597, 434 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 329 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 3. 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 said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-108 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 434 Rivertrail Avenue (Lot 203, 58M-597) having a total width of 1.5m, a depth of 28.36m and an area of 42.5 sq.m. for the purposes of encroachment and BE maintenance, on Lot 204, Plan 58M-597, 430 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 330 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-109 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 430 Rivertrail Avenue (Lot 204, 58M-597) having a total width of 1.5m, a depth of 28.48m and an area of 42.7 sq.m. for the purposes of encroachment and BE maintenance, on Lot 205, Plan 58M-597, 426 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 331 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-110 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 426 Rivertrail Avenue (Lot 205, 58M-597) having a total width of 1.5m, a depth of 28.35m and an area of 42.5 sq.m. for the purposes of encroachment and BE maintenance, on Lot 206, Plan 58M-597, 422 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 332 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-111 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 422 Rivertrail Avenue (Lot 206, 58M-597) having a total width of 1.5m, a depth of 28.42m and an area of 42.6 sq.m. for the purposes of encroachment and BE maintenance, on Lot 207, Plan 58M-597, 418 Rivertrail Avenue, Kitchener, Ontario, APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 333 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried Submission No.: B 2016-112 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 418 Rivertrail Avenue (Lot 207, 58M-597) having a total width of 1.5m, a depth of 28.5m and an area of 42.8 sq.m. for the purposes of encroachment and maintenance, BE APPROVED, on Lot 208, Plan 58M-597, 414 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 334 - Submission Nos.: 6.B 2016-041 to B 2016-114 (Cont’d) 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 October 18, 2018. Carried Submission No.: B 2016-113 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 402 Rivertrail Avenue (Lot 210, 58M-597) having a total width of 1.5m, a depth of 29m and an area of 43.5 sq.m. for the purposes of encroachment and maintenance, BE APPROVED, on Lot 209, Plan 58M-597, 410 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 OCTOBER 18, 2016 - 335 - Submission Nos.: 6.B 2016-041 to B 2016-114 (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 October 18, 2018. Carried Submission No.: B 2016-114 Moved by Mr. A. Head Seconded by Ms. J. Meader That the application of Milestone Developments Inc. requesting permission to grant an easement in favour of 398 Rivertrail Avenue (Lot 211, 58M-597) having a total width of 1.5m, a depth of 29m and an area of 43.5 sq.m. for the purposes of encroachment and maintenance, BE APPROVED, on Lot 210, Plan 58M-597, 402 Rivertrail Avenue, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca 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 October 18, 2018. Carried COMMITTEE OF ADJUSTMENT OCTOBER 18, 2016 - 336 - ADJOURNMENT On motion, the meeting adjourned at 10:55 p.m. Dated at the City of Kitchener this 18th day of October, 2016. Dianna Saunderson Secretary-Treasurer Committee of Adjustment