HomeMy WebLinkAbout2016-11-15COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD NOVEMBER 15, 2016
MEMBERS PRESENT: Messrs. A. Head and B. McColl and Ms. P. Kohli.
OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking
Analyst; Mr. B. Cronkite, Interim Manager of Transportation Planning; Mr. G.
Stevenson, Senior Planner; Ms. S. Parks, Heritage Planner; Ms. Sanja
Zupanic, Engineering Graphics Technologist; Ms. D. Saunderson,
Secretary -Treasurer; and, Ms. H. Dyson, Administrative Clerk.
Mr. A. Head, Vice -Chair, called this meeting to order at 9:50 a.m.
MINUTES
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the minutes of the regular meeting of the Committee of Adjustment held October 18, 2016, as
mailed to the members, be accepted.
Carried
UNFINISHED BUSINESS
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1. Submission No.: A 2016-085
Applicants: Kenmore Homes (Waterloo Region) Inc.
Property Location: 171 Templewood Drive
Legal Description: Lot 39, Registered Plan 58M-572
Appearances:
In Support: None
Contra: None
Written Submissions: None
The Committee was in receipt of an email from MHBC Planning, dated November 4, 2016,
requesting this application be deferred for 3 months to allow the applicant more time to consult
with City staff to resolve identified issues. The Committee acknowledged the request and agreed
to defer consideration of this matter to the February 17, 2017 Committee of Adjustment meeting.
Submission No.: 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
E. Thomas
F. Voisin
Contra: None
COMMITTEE OF ADJUSTMENT -338- NOVEMBER 15, 2016
2. Submission No.: A 2016-109 (Cont'd)
Written Submissions: None
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 November 7, 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 43,521 m2 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 42 m2, 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 that 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 the three of the existing
loading spaces with dimensions of 3.65 metres x 24.95metres rather than the required 4.3 metres
x 15.2 metres.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments.
The subject property is designated Comprehensive Development Area in the City's Official Plan.
Comprehensive Development Areas are intended to be redeveloped over time and permit a
transition of land uses to take place by permitting continuation of the existing permitted uses in
the interim while allowing for a phasing -in of a broad range of mixed use development comprised
of residential, office, commercial and institutional uses that encourages development within
existing buildings or new buildings. The reduction of parking spaces and legalizing the width of
the existing loading spaces on site will allow adaptive re -use of the existing building and site. This
is a consistent approach with more intensely developed lands. As such, staff is satisfied the
proposed variances meet the intent of the Official Plan.
The requested variance seeking 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 28 m2 is required, meets the
intent of the Zoning By-law. The purpose of the 1 space per 28m2 of gross floor area for plaza
complex parking located in an Industrial Zone is to ensure there are adequate parking spaces
provided for all office employees.
To support the proposed parking rate reduction, the owner completed the City of Kitchener
Transportation Demand Management (TDM) Checklist. The Checklist provides the option to
include TDM measures with a development which would allow for a reduction in the required
parking spaces. On the subject site, the owner proposes to provide additional bicycle parking
spaces above what is required in the Zoning By-law, car -share parking space and car -share
vehicle on-site, provide Grand River Transit bus passes, shower and change room facilities,
active uses at grade and ride -share parking spaces at a priority location on the site. The inclusion
of these TDM measures allow for a reduction in parking spaces on the subject site.
In summary, the owner has proposed several TDM measures on-site, and the reduced plaza rate
is appropriate for the proposed uses on site. As such, staff is satisfied that a reduction of the
parking rate to 1 space per 42 m2 of gross floor area for manufacturing, research and
development, scientific, technological and communication establishment, office uses is adequate
to meet the needs of this site.
Furthermore staff is in support of legalizing three existing loading spaces with dimensions of 3.65
metres x 24.95metres rather than the required 4.3 metres x 15.2 metres. Currently there are eight
existing loading spaces on site, three of which are deficient in width by 0.65 metres. The three
deficient spaces are existing and have historically functioned efficiently. Legalizing the three
loading spaces is minor and meets the intent of the Zoning By-law.
COMMITTEE OF ADJUSTMENT -339- NOVEMBER 15, 2016
2. Submission No.: A 2016-109 (Cont'd)
The variances can be considered minor as it is staffs opinion that the reduced parking
requirement and legalizing the existing width of loading spaces will not present any significant
impacts to adjacent properties and the overall area, nor will it prevent or frustrate the long term
intended redevelopment of the site.
The variances are appropriate for the development and use of the land as they adequately meet
the needs for this site. The requested variances should not negatively impact any of the adjacent
properties or the surrounding community.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 31, 2016, advising they have no concerns with this application.
Ms. F. Kuriakose and Messrs. E. Thomas and F. Voisin provided a brief overview of the
application, noting they were in support of the subject application and the staff recommendation.
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Catalyst 137 Kitchener Inc. requesting permission for the existing one -
storey office manufacturing building to provide 1046 off-street parking spaces (1 space/per 42
sq.m.) rather than the required 1554 off-street parking spaces (1 space/per 28 sq.m.), on 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, 137 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to
the following condition:
1. That the owner shall finalize details on how each Transportation Demand Management
(TDM) measure will be fulfilled and maintained to the satisfaction of the Director of
Transportation Services and the City Solicitor.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is
being maintained on the subject property.
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 wwvv.kitchener.ca
Carried
The Committee recessed at 9:55 a.m. and re -convened at 10:06 a.m., Chaired by Mr. D. Cybalski with
all members present.
NEW BUSINESS
MINOR VARIANCE
Submission No.:
A 2016-116
Applicants:
2437612 Ontario Inc./1841949 Ontario Inc.
Property Location:
58 Howe Drive
Legal Description:
Part Lot 47, German Company Tract, being Part 1 on Reference Plan
58R-13007
Appearances:
In Support: None
Contra: None
COMMITTEE OF ADJUSTMENT -340- NOVEMBER 15, 2016
1. Submission No.: A 2016-116 (Cont'd)
Written Submissions: None
As no one appeared in support of this application, the Committee agreed to defer its
consideration of this application to the December 13, 2016 Committee of Adjustment meeting.
2. Submission No.: A 2016-117
Applicants: Pratul and Smita Modi
Property Location: 245 Huck Crescent
Legal Description: Lot 92, Registered Plan 58M-117
Appearances:
In Support: S. Sawatzky
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a sunroom in the
rear of an existing single detached dwelling having a rear yard setback of 4.4m rather than the
required 7.5m.
The Committee considered the report of the Planning Division, dated November 7, 2016, advising
the subject property is located at 245 Huck Crescent. The site contains a single detached
dwelling with a raised backyard deck. The owner is proposing to convert a portion of the deck to
a sunroom as depicted on the renderings submitted in support of the application.
In order to accommodate the proposed sunroom, the owner is seeking relief from the Zoning By-
law to permit the sunroom to have a rear yard setback of 4.43 metres whereas the regulations of
the Zoning By-law require a rear yard setback of 7.5 metres. As this sunroom is considered an
enclosed and covered deck which is regulated under section 5.6.A.4. (Yard Projections —
Terraces, Porches and Decks), subsection (d) applies to this type of structure and refers to the
setback provisions required for the dwelling, which in this case is section 38.2.1 (Residential Four
Zone). As such, the owner is seeking a variance to section 38.2.1. of the Zoning By-law.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments.
The subject lands are designated Low Rise Residential in the Official Plan. This designation
permits low rise residential uses and staff are of opinion that the intent of the designation is
maintained.
The lands are zoned Residential Four Zone (R-4) and as described above, the sunroom, being
an enclosed and covered deck, is subject to the regulations of the R-4 zone. The zone requires a
rear yard setback of 7.5 metres. The purpose of the rear yard setback is to ensure outdoor
amenity space for residents, and to avoid overlook and preserve privacy between neighbours.
The proposed sunroom is to be added to the raised deck, is proposed to be one storey high, and
within the footprint of the existing deck structure. The proposed sunroom will enhance the
usability of the existing deck space for the property owners, permitting year round use, rather than
seasonal. The sunroom does not decrease the amount of ground level outdoor amenity space
available to the property owners, as the size of the deck remains the same as exists today. The
proposed sunroom will not increase overlook into neighbours yards as the outdoor deck space is
located at the same height and in the same location as the proposed sunroom. In addition, the
subject property backs onto and overlooks publically owned land, therefore, there is no concern
of separation between the sunroom and a rear yard neighbour's property. Furthermore, an
accessory building of the same size (square footage and height) would be permitted as a
detached accessory structure without amendment to the Zoning By-law. Based on the foregoing,
staff is of the opinion that the intent of the By-law is maintained, that the proposed variance is
minor, and the proposed sunroom is appropriate for the development and use of the lands.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 31, 2016, advising they have no concerns with this application.
COMMITTEE OF ADJUSTMENT -341- NOVEMBER 15, 2016
2. Submission No.: A 2016-117 (Cont'd)
The Committee considered comments from Canadian National (CN) Railway, dated November
10, 2016, advising they recommend the applicant implement certain basic mitigation measures in
the sunroom design and construction in order to account for potential rail noise. This can include:
• Provision for air-conditioning, allowing occupants to close windows during the warmer
months;
• Exterior cladding and windows with appropriate acoustic properties;
• Locating noise sensitive rooms away from the railway side; and,
• Noise barrier for outdoor living areas.
Please note that CN has previously encountered situations where the modifications for original
dwelling envelopes have resulted in an increase in acoustic exposure for interior dwelling space.
CN shall not be responsible for such impacts.
Mr. S. Sawatzky addressed the Committee in support of the subject application and the staff
recommendation.
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Pratul and Smita Modi requesting permission to construct a sunroom in the
rear of an existing single detached dwelling having a rear yard setback of 4.43m rather than the
required 7.5m, on Lot 92, Registered Plan 58M-117, 245 Huck Crescent, Kitchener, Ontario, BE
APPROVED, subject to the following condition:
1. That the owner shall obtain a Building Permit prior to the construction of the proposed
sunroom.
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 wwvv.kitchener.ca
Carried
3. Submission No.: A 2016-118
Applicant: Milestone Developments Inc.
Property Location: 2 Willowrun Drive
Legal Description: Lot 24, Registered Plan 58M-575
Appearances:
In Support: None
Contra: None
Written Submissions: None
As no one appeared in support of this application, the Committee agreed to defer its
consideration of this application to the December 13, 2016 Committee of Adjustment meeting.
COMMITTEE OF ADJUSTMENT -342- NOVEMBER 15, 2016
Submission No.: A 2016-119
Applicant: Milestone Developments Inc.
Property Location: 79 Willowrun Drive
Legal Description: Lot 41, Registered Plan 58M-575
Appearances:
In Support: None
Contra: None
Written Submissions: None
As no one appeared in support of this application, the Committee agreed to defer its
consideration of this application to the December 13, 2016 Committee of Adjustment meeting.
Submission No.: A 2016-120
Applicants: Zach and Stephanie Makrydakis
Property Location: 418 Zeller Drive
Legal Description: Part Block 10, Registered Plan 58M-367, being Part 16 on Reference
Plan 58R-16593
Appearances:
In Support: None
Contra: None
Written Submissions: None
As no one appeared in support of this application, the Committee agreed to defer its
consideration of this application to the December 13, 2016 Committee of Adjustment meeting.
Submission No.: A 2016-121
Applicant: Warwick Property Management Inc.
Property Location: 482 Belmont Avenue West
Legal Description: Part Lots 17 & 18, Plan 402
Appearances:
In Support: G. Scheels
P. Schreiter
C. Maher
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to convert the existing 1 -
storey manufacturing building into retail space having an existing front yard setback of 8.5m,
whereas the By-law permits a maximum front yard setback of 7.5m; an existing rear yard setback
of 6.4m rather than the required 7.5m; a northerly side yard setback abutting Gage Avenue of
39.5m rather than the permitted maximum 7.5m; a retail gross floor area of 1,264 sq.m., whereas
the By-law permits a maximum retail gross floor area of 1,000 sq.m.; and, the off-street parking
setback abutting Gage Avenue to be 3m rather than the required 4.5m.
The Committee considered the report of the Planning Division, dated November 7, 2016, advising
the subject property is designated Mixed Use Corridor in the City's Official Plan and zoned
Medium Density Mixed Use Corridor Zone (MU -2) in Zoning By-law 85-1 with Special Regulation
580R, which deems Belmont Avenue West the front lot line. The lands are currently developed
with an existing manufacturing building, which the owner is proposing to convert into a furniture
store. As such, the owner is requesting relief from 54.2.2.1 to increase the maximum allowable
Gross Floor Area (GFA) of retail use to 1,264 square metres, whereas a maximum of 1,000
square metres is permitted. In addition, the owner is requesting relief of: Section 54.2.1 to legalize
COMMITTEE OF ADJUSTMENT -343- NOVEMBER 15, 2016
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the existing front yard setback of 8.5 metres, whereas a maximum of 7.5 metres is permitted;
Section 54.2.1 to legalize the existing rear yard setback of 6.4 metres, whereas a minimum of 7.5
metres is required; Section 54.2.1 to legalize the existing 39.5 metres side yard abutting the street
setback, whereas a maximum of 7.5 metres is permitted; and Section 6.1.1.1 a) v) to legalize an
existing 3 metre parking setback, whereas a minimum of 4.5 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 following comments.
Mixed Use Corridors are linear in form and recognize the evolution of uses along major corridors
in the inner city. These corridors are primarily intended to serve the adjacent residential
neighbourhoods and employment areas and allow for intensive, transit -supportive development.
A broad range of commercial uses shall be permitted, including freestanding office and small
retail. Retail uses shall be permitted to have a maximum gross floor area of 1,000 square metres
and shall only locate within existing buildings or internal to large mixed use developments. While
this proposal seeks to exceed the 1,000 square metre cap for retail uses, the high level goals of
these policies are to provide for retail that is small in scale and primarily geared to serve the
surrounding residential neighbourhoods. Planning staff is satisfied that an area of 1,264 square
metres meets the intent of these policies, as the retail use will continue to be small in scale and
the small increase will allow for re -use of the whole of the existing building. The requested
variances with respect to the existing setbacks meet the intent of the Official Plan, as the building
and parking are existing and no changes are proposed. As such, staff is satisfied the proposed
variances meet the intent of the Official Plan.
Planning Staff notes that the property is designated Mixed Use and is located within an Urban
Corridor in the City's new Official Plan. While the new Official Plan is currently under appeal and
not in effect, it should be noted that the policy direction of this plan caps the GFA for freestanding
retail uses on lands designated Mixed Use and located within an Urban Corridor at 2,500 square
metres. The requested variance is consistent with this policy direction.
The subject lands are currently zoned Mixed Use Corridor Zone (MU -2), which permits the
proposed retail use. The intent of the 1,000 square metre cap on retail uses is to provide for
appropriately -scaled retail development per the policies of the Official Plan, and to encourage
large `big box' stores to locate in more appropriate commercial areas. Staff is satisfied that the
increase of 264 square metres will continue to provide an appropriate scale for the proposed
retail use. Further, as this proposal seeks to permit the retail use to occupy an existing building
with no new additions proposed, staff is satisfied the requested variance meets the intent of the
Zoning By-law.
The requested variances with respect to the existing front, rear, side yard abutting the street, and
parking setbacks meet the intent of the Zoning By-law, as the building and parking are existing
and no changes are proposed.
The variances can be considered minor as it is staffs opinion that the increase of 264 square
metres gross floor area for retail, increased maximum front yard setback, reduced rear yard
setback, increased side yard abutting the street setback, and reduced parking setback will not
present any significant impacts to adjacent properties and the overall area.
The variances are appropriate for the development and use of the land as they adequately meet
the needs for this site. The requested variance should not negatively impact any of the adjacent
properties or the surrounding community.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 31, 2016, advising they have no concerns with this application.
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
COMMITTEE OF ADJUSTMENT -344-
Submission
344 -
Submission No.: A 2016-121 (Cont'd)
NOVEMBER 15, 2016
That the application of Warwick Property Management Inc. requesting permission to convert the
existing 1 -storey manufacturing building into retail space having an existing front yard setback of
8.5m, whereas the By-law permits a maximum front yard setback of 7.5m; an existing rear yard
setback of 6.4m rather than the required 7.5m; a northerly side yard setback abutting Gage
Avenue of 39.5m rather than the permitted maximum 7.5m; a retail Gross Floor Area (GFA) of
1,264 sq.m., whereas the By-law permits a maximum retail GFA of 1,000 sq.m.; and, the off-
street parking setback abutting Gage Avenue to be 3m rather than the required 4.5m, on Part
Lots 17 & 18, Plan 402, 482 Belmont Avenue West, Kitchener, Ontario, BE APPROVED, subject
to the following conditions:
That the owner shall obtain a Zoning (Occupancy) Certificate from the City's Planning
Division.
2. That the owner shall obtain a Change of Use Permit from the City's Building Department.
3. That this approval applies only to the existing building and parking as depicted on the site
plan prepared by Bolen Architecture, dated October 7, 2016, submitted in support of this
application.
It is the opinion of this Committee that:
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 wwvv.kitchener.ca
Carried
Submission No.: A 2016-122
Applicant: Citified Property Initiative Inc.
Property Location: 16 Sheldon Avenue South
Legal Description: Lot 52 and Part Lot 51, Part Streets and Lanes, Plan 251
Appearances:
In Support: S. Patterson
S. O'Neill
Contra: None
Written Submissions: R. Sutherland, c/o 454064 Ontario Inc.
The Committee was advised the applicant is requesting permission for a 4 -storey 13 -unit multi -
residential dwelling in an MU -3 Zone to have a rear yard setback of 1.94m rather than the
required 3m; and, to have 10 off-street parking spaces rather than the required 13. The single
detached dwelling is to be demolished.
The Committee considered the report of the Planning Division, dated November 3, 2016, advising
the subject property located at 16 Sheldon Avenue South is designated Mixed use Corridor in the
King Street East Neighbourhood Secondary Plan and zoned MU -3 with Special Regulation
Provision 544R in Zoning By-law 85-1. The property is currently developed with a single detached
dwelling. The owner is proposing to construct a 13 unit multiple dwelling on the subject lands, and
is seeking permission for a reduced parking rate to facilitate this development. The owner is
requesting relief from Section 6.1.2 of the Zoning By-law to permit a reduced parking rate of 0.77
spaces per unit, whereas 1.0 space per unit is required, which would result in 10 spaces rather
COMMITTEE OF ADJUSTMENT -345- NOVEMBER 15, 2016
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than 13 required spaces on the subject site to accommodate the proposed development.
Furthermore, the applicant is seeking relief from Special Regulation Provision 544R b) in the
Zoning By-law to allow a rear yard setback of 1.94 metres whereas 3.0 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 following comments:
The subject property is located within the Mixed use Corridor in the King Street East
Neighbourhood Secondary Plan. The proposed variance meets the intent of the Official Plan,
which encourages multiple residential intensification. The proposed development is compatible
with surrounding residential neighborhoods and will be of an appropriate height and density. The
proposed variances conform to the designation and it is the opinion of staff that the requested
variance is appropriate.
The requested variance to reduce the parking rate to 0.77 spaces per unit, whereas 1.0 spaces
per unit is required, meets the intent of the Zoning By-law. The purpose of the 1.0 parking space
per unit regulation is to ensure there are adequate parking spaces provided for residents of
multiple dwellings. The rate of 0.77 spaces per unit continues to provide sufficient parking for the
site.
To support the proposed parking rate reduction, the owner completed the City of Kitchener
Transportation Demand Management (TDM) Checklist. The Checklist provides the option to
include TDM measures with a development which would allow for a reduction in the required
parking spaces. The owner proposes to provide additional bicycle parking spaces above what is
required in the Zoning By-law for the subject site. The owner proposes to provide Grand River
Transit (GRT) bus passes at a rate of 1 bus pass per unit for 2 years Furthermore, the owner is
proposing that the rental agreement between the tenant and property owner notes the cost of a
parking space and the ability for tenants to opt in or out of having a parking space. Per the
Checklist, the inclusion of these three TDM measures allow for a reduction in parking spaces on
the subject site of 3 spaces.
In summary, the owner has proposed several TDM measures on-site. As such, staff is satisfied
that a reduction of the parking rate to 0.77 spaces per unit will provide adequate parking spaces
to the residents of the proposed multiple dwelling. This would result in 10 spaces rather than 13
required spaces on the subject site once the proposed development is constructed.
The requested variance to allow a rear yard setback of 1.94 metres whereas 3.0 metres is
required meets the intent of the Zoning By-law. The intent of the 3.0 metre rear yard setback on
the subject lands is to ensure there is adequate separation between the subject property and
abutting lands. Due to the irregularity shape of the lot approximately half of the proposed building
would encroach into the 3.0 metre rear yard setback. It is staff's opinion that the proposed 1.94
metre rear yard setback will provide an adequate separation between the subject property and
abutting lands. A reduction of 1.06 metres is minor and the proposed 1.94 metre rear yard
continues to provide separation and meets the intent of the Zoning By-law.
The variances can be considered minor as the reduced parking rate and reduced rear yard
setback will not present any significant impacts to adjacent properties or the overall
neighbourhood.
The proposed variances are appropriate for the development and use of the land as it is staff's
opinion that the requested variance will not impact the subject property, adjacent lands or the
abutting intersection.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 31, 2016, advising they have no concerns with this application.
The Committee considered comments from a neighbouring property owner, dated November 7,
2016, advising of concerns related to off-street parking.
Mr. S. Patterson provided a brief summary of the subject application, noting he was in support of
the staff recommendation. In response to questions, Mr. Patterson advised for clarification the
COMMITTEE OF ADJUSTMENT -346-
Submission
346 -
Submission No.: A 2016-122 (Cont'd)
NOVEMBER 15, 2016
building is cantilevered and parking is located underneath it at ground level. He stated the
proposed development has already been reviewed by the Site Plan Committee and has Approval
in Principle.
The Chair noted the written submission of the neighbouring property owner. Mr. B. McColl
advised that although he sympathized with the concerns raised by the neighbour regarding the
use of their parking lot, he noted it was a By-law Enforcement issue.
Mr. McColl questioned whether the comments noted by the Building Department regarding the
requirement for a Record of Site condition should be included as part of the Committee's
decision. Mr. Patterson expressed concerns with the inclusion of the condition, noting clarification
from the Building Department is needed on the requirement of the condition. He noted any
requirement relating to a possible Record of Site condition will be addressed through the Building
Permit process.
Ms. J. von Westerholt noted it would be staffs preference regarding the requirement to obtain a
Record of Site condition to defer that decision to the Chief Building Official rather than applying it
through the Committee's decision.
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Citified Property Initiative Inc. requesting permission for a 4 -storey 13 -unit
multi -residential dwelling in an MU -3 Zone to have a rear yard setback of 1.94m rather than the
required 3m; and, to have 10 off-street parking spaces (0.77 space/per unit) rather than the
required 13 6 space/ per unit), on Lot 52 and Part Lot 51, Part Streets and Lanes, Plan 251, 16
Sheldon Avenue South, Kitchener, Ontario, BE APPROVED, subject to the following condition:
That the owner shall finalize details on how each Transportation Demand Management
(TDM) Measure will be fulfilled and maintained to the satisfaction of the Director of
Transportation Services and the City Solicitor.
It is the opinion of this Committee that:
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 wwvv.kitchener.ca
Carried
Submission No.: A 2016-123
Applicant: 2407850 Ontario Inc.
Property Location: 453 Park Street
Legal Description: Part Lots 19 & 33 to 35, Plan 217 and Part Lot 285, Plan 385, being
Parts 1-2 on Reference Plan 58R-2701
Appearances:
In Support: S. Patterson
Contra: J. Schmidt
M. Rosen
Written Submissions: G. Rempel
M. Rosen
COMMITTEE OF ADJUSTMENT -347- NOVEMBER 15, 2016
Submission No.: A 2016-123 (Cont'd)
E. Humphries
Carole Clyde -Ellis
Mary Lou Shultz
The Committee was advised the applicant is requesting permission to construct a 3 -storey 30 -unit
stacked townhouse development having a front yard setback of 3.6m rather than the required 6m;
a side yard setback abutting Wood Street of 4m rather than the required 6m; a rear yard setback
of 2.2m rather than the required 7.5m; a maximum building height of 14m rather than the
maximum permitted 10.5m; a Floor Space Ratio (FSR) of 1.0, whereas the By-law permits a
maximum FSR of 0.6; and, a maximum density of 116 units per hectare, whereas the By-law
requires a maximum density per hectare of 100 units. The existing medical office is to be
demolished.
The Committee considered the report of the Planning Division, dated November 7, 2016, advising
the subject property is located at 453 Park Street. The site currently contains a medical building
and associated parking. The applicant is proposing to redevelop the site with a stacked
townhouse development containing 30 dwelling units. A Site Plan application has also been
made to the City for the proposed development. The Application was reviewed at Site Plan
Review Committee November 3, 2016, and Approval in Principle was granted, subject to
approval of the requested variances.
To permit the proposed development the applicant is requesting the following variances to section
32.3.5 of the Zoning By-law:
1. to permit a front yard setback of 3.6 metres, whereas 6.0 metres is required;
2. to permit setback for a side yard abutting a street of 4.0 metres, whereas 6.0 metres is
required;
3. to permit a rear yard setback of 2.2 metres, whereas 7.5 metres is required;
4. to permit a free-standing multiple dwelling to have a maximum height of 14.0 metres,
whereas a maximum of 10.5 metres is permitted;
5. to permit a free standing multiple dwelling to have a maximum floor space ratio of 1.0,
whereas a maximum of 0.6 is permitted; and,
6. to permit a maximum density for multiple dwelling of 116 units per hectare, whereas a
maximum density of 100 units per hectare is permitted.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments.
The subject lands are designated Community Institutional in the KW Hospital Secondary Plan.
This designation permits residential uses that are complementary to institutional uses and which
represent redevelopment options. Multiple dwellings are permitted in this designation and the
policies permit a maximum Floor Space Ratio (FSR) of 1.0. The policy also states that the
residential component of any development may exceed 100 units per hectare provided the
maximum FSR of 1.0 is not exceeded. Therefore, the proposed variances to permit a maximum
FSR of 1.0 and 116 units per hectare are specifically permitted by the policy. Staff are of the
opinion that the proposed multiple dwelling complements nearby institutional uses including the
Grand River Hospital, Kitchener Collegiate Institute and the Don McLaren arena, as well as a
number of medical clinic uses, while also being compatible with existing low rise residential uses
in the surrounding neighbourhood. Staff is of the opinion that the proposed variances maintain the
intent of the Community Institutional Designation.
The Official Plan also contains interim policies guiding the development of lands in the Central
Transit Corridor. The proposed development is in the Central Transit Corridor, and is located near
the future Grand River Hospital Rapid Transit Station. The proposed redevelopment complies
with the policies pertaining to development Central Transit Corridor. The proposed development
represents an appropriately scaled intensification of the site, in an area where increases to
density are generally encouraged, and in a location that is walkable and situated close to transit.
Staff is of the opinion that the intent of the Official Plan is maintained.
The subject lands are zoned Community Institutional Zone (1-2) which permits the use of the site
as a multiple dwelling. Staff has reviewed the proposed variances and are of the opinion that
each proposed variance meets the intent of the By-law, is minor and is appropriate for the
development and use of the lands, as described below.
COMMITTEE OF ADJUSTMENT -348- NOVEMBER 15, 2016
8. Submission No.: A 2016-123 (Cont'd)
Reduction to Front Yard and Side Yard Abutting a Street:
The applicant has requested variances to permit a minimum front yard setback of 3.6 metres and
a side yard abutting a street of 4.0 metres whereas 6.0 metres is required. The intent of a 6.0
metre setback to a street is to provide sufficient and consistent separation between buildings and
the street edge and to provide space for landscaping.
Guidance is given in section 2.1.6 of the Official Plan when considering variances that facilitate
residential redevelopment of lands. These policies state that reductions to front yard setbacks
may be considered for new buildings provided the setbacks are similar to adjacent property and
support and maintain the character of the streetscape. This policy is also extended to include
requested setbacks for side yards abutting a street because they have a similar function to the
front yard. The proposed building will be setback slightly further from Park Street than other
existing buildings, except for the medical building on the neighbouring property which is setback
quite far from the street and is an anomaly in the area. In fact, the proposed multiple dwelling will
be setback about the same distance from Park Street as the existing building on-site. A 5 metre
road widening has previously been dedicated to the City along the Park Street frontage which
creates a very wide boulevard between the street and the property line, and will provide ample of
space for landscaping between the building and the sidewalk. Through the Site Plan Approval,
staff will require that the property owner provide landscaping within the City's boulevard, beyond
the standard sodding and street trees typically required.
Existing houses along Wood Street have varying setbacks which range between 3 and 5 metres,
which is generally consistent with the proposed 3.6 metres setback to Wood Street being
contemplated for the subject development. In addition, the proposed development is separated
from existing houses by the parking lot, which is the width of about 2 lots in this neighbourhood,
and is generally in the same location as the existing parking lot of the medical building. The
proposed setback continues along the parking lot interface with the street creating a consistent
and appropriately sized space for landscaping between the building/parking area and the property
line. Staff finds that the reduced setbacks are generally consistent with setbacks of other
buildings in the area and the reduced setback supports the existing character of the streetscape.
Based on the foregoing, staff is of the opinion that the proposed reductions to the front yard
setback and side yard abutting a street setback maintain the intent of the zoning by-law, are
minor and are appropriate for the development and use of the lands.
Reduction to Rear Yard Setback:
The applicant has requested a variance to permit a rear yard setback of 2.2 metres, whereas 7.5
metres is required. While the affected lot line is technically considered the rear yard, it functions
and looks like an interior side yard, where a lessor setback is quite typical. The intent of this
setback regulation is to provide appropriate separation between buildings on neighbouring
properties. In this case, because the setback functions as a side yard, the appropriate setback is
a side yard type of setback. Many of the zones that apply to lands in the central city, which allow
multiple residential buildings with similar heights and densities such as Mixed Use One Zone
(MU -1) and Commercial Residential One & Two Zones (CR -1 & CR -2) either do not have a
minimum side yard (MU -1), or provide for side yards between 1.2 to 3.0 metres depending on
building height (CR -1 & CR -2). The proposed 2.2 metre setback is in keeping with the regulations
of those zones.
Along this section of Park Street residential properties are setback about 0.5 to 2.5 metres from
interior side lot lines. The proposed 2.2 metre setback is consistent with those of other properties
along the street; however, the affected yard abuts the parking lot of the neighbouring medical
office, therefore no other building is immediately adjacent on which a reduced setback may have
an impact. The proposed setback will allow for appropriate landscaping between the building and
the lot line to visually separate the new dwellings from the neighbouring parking lot. Based on the
foregoing, staff is of the opinion that the proposed rear yard variance maintains the intent of the
by-law, is minor and is appropriate for the development and use of the lands.
Increase to Maximum Height for a Multiple Dwelling:
The applicant has requested a variance to permit a freestanding multiple dwelling to have a
maximum height of 14.0 metres, whereas a maximum height of 10.5 metres is permitted for
freestanding multiple dwellings. The existing zoning permits a maximum building height of 15.0
metres for all uses other than residential uses. The intent of the maximum building height is to
ensure that buildings are appropriately scaled for the context of the neighbourhood. Staff is of the
COMMITTEE OF ADJUSTMENT -349- NOVEMBER 15, 2016
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opinion that a 15.0 metre high building (about 4 — 5 stories depending on the height of each floor)
is appropriate given the surrounding development, which includes Grand River Hospital. Given
the proposed height is less than the maximum height already permitted for other uses in the By-
law, staff is of the opinion that the intent of the By-law is maintained. Furthermore, staff is of the
opinion that the proposed variance to height is minor and is appropriate for the development and
use of the lands.
Increase to Maximum Floor Space Ratio:
The applicant has requested a variance to permit a freestanding multiple dwelling to have a
maximum floor space ratio (FSR) of 1.0, whereas a maximum of 0.6 is permitted. The intent of
the maximum FSR is to ensure the mass of the building is appropriate for the site. The existing
zoning permits a maximum FSR of 1.0 for all uses other than freestanding multiple dwellings.
Furthermore, the Official Plan policies that apply to this site specifically permit a maximum FSR of
1.0 for multiple dwellings. Staff is of the opinion that the massing of the proposed building is
appropriate for the site and in the context of this neighbourhood, and the impacts of a
development having an FSR of 1.0 are similar whether used for residential or non-residential
purposes. It is staff's further opinion that the intent of the Zoning By-law is maintained, that the
variance is minor and that it is appropriate for the development and use of the lands.
Increase in Maximum Unit Density:
The applicant has requested a variance to permit a maximum of 116 units per hectare, whereas a
maximum of 100 units per hectare is permitted. The intent of this regulation is to ensure the
density of the site is compatible with the neighbourhood. Official Plan policy specifically states
that the residential component of any development may exceed 100 units per hectare provided a
maximum FSR of 1.0 is not exceeded. The proposed development will not exceed an FSR of 1.0.
It is staffs opinion that the intent of the By-law is maintained, that the variance is minor and that it
is appropriate for the development and use of the lands.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 31, 2016, advising they have no concerns with this application.
The Committee considered the written submissions in opposition to the subject application, noting
concerns with height, density, safety and parking.
Mr. S. Patterson provided a brief summary of the application, noting the subject application is
intended to bring the zoning on the property closer in compliance with the Official Plan. He
indicated if the development on site was intended for commercial use, the Zoning on site could
support a much larger development than what is before the Committee this date. He indicated
the proposed development has gone through the Site Plan approval process and has Approval in
Principle.
Messrs. J. Schmidt and M. Rosen were in attendance in opposition to the subject application. Mr.
Rosen expressed concerns with a lack of privacy as a result of the height of the proposed
development. Mr. Schmidt indicated he was not completely in opposition to the proposed
development, but expressed concerns that the Committee's approval this date may not restrict
the developer from constructing a 4 -storey building rather than the proposed 3 -storey
development.
In response to the concerns addressed by the neighbours, Mr. Patterson advised that the an
additional storey was added, the project would not meet Building Code requirements as it would
not be able to accommodate an elevator. He added the proposed development has already
received Site Plan Approval in Principle and the addition of another storey would impact that
approval.
Mr. B. McColl expressed concerns regarding the number of variances being requested through
the subject application and requested further clarification from staff on their opinion whether the
application was minor. Ms. J. von Westerholt advised the Zoning on the subject property does
not adequately reflect the policies within the Official Plan, noting that if the applicant was
proposing a commercial development, the requests related to height of the building and Floor
Space Ratios (FSR) would not be required. She indicated the use of the property is not intended
to change, yet the Zoning By-law does not support a comparable development as it would if the
development was commercial.
COMMITTEE OF ADJUSTMENT -350- NOVEMBER 15, 2016
Submission No.: A 2016-123 (Cont'd
Mr. Schmidt questioned whether any trees or large vegetation would be installed between the
subject property and the rear yard of his home. The Chair noted the applicant would likely have to
submit and receive approval of a landscape plan to the City to receive full Site Plan approval. He
indicated if it would alleviate some of the concerns of the neighbours, the Committee could
impose a condition requiring the applicant to install a landscape buffer between the southerly and
easterly lot lines as part of the Committee's approval to ensure that a landscape buffer is
provided.
Questions were raised regarding the fence currently located between the subject property and the
properties fronting onto Gildner Avenue. The Chair advised the applicant is permitted to use the
whole of their lands, adding the owner would have the right to relocate their fence to the property
line if it was their wish.
A motion was brought forward by Ms. P. Kohli, seconded by Mr. B. McColl, to approve the subject
application as outlined in the staff recommendation with an additional condition that the applicant
be required to install a landscape buffer between the southerly and easterly lot lines to the
satisfaction of the City's Landscape Architect and Director of Planning.
Moved by Ms. P. Kohli
Seconded by Mr. B. McColl
That the application of 2407850 Ontario Inc. requesting permission to construct a 3 -storey 30 -unit
stacked townhouse development having a front yard setback of 3.6m rather than the required 6m;
a side yard setback abutting Wood Street of 4m rather than the required 6m; a rear yard setback
of 2.2m rather than the required 7.5m; a maximum building height of 14m rather than the
maximum permitted 10.5m; a Floor Space Ratio (FSR) of 1.0, whereas the By-law permits a
maximum FSR of 0.6; and, a maximum density of 116 units per hectare, whereas the By-law
requires a maximum density per hectare of 100 units, on Part Lots 19 & 33 to 35, Plan 217 and
Part Lot 285, Plan 385, being Parts 1-2 on Reference Plan 58R-2701, 453 Park Street, Kitchener,
Ontario, BE APPROVED, subject to the following conditions:
That the proposed variances shall only apply to a multiple residential development that in
the opinion of the Manager of Customer Service and Site Development is consistent with
the proposal submitted in support of Minor Variance Application A 2016-123.
2. That the owner shall obtain a Building Permit for the demolition of the existing building and
for the proposed stacked townhouse prior to construction.
3. That the owner shall install a landscape buffer between the southerly and easterly lot lines
to the satisfaction of the City's Landscape Architect and Director of Planning.
It is the opinion of this Committee that:
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 wwvv.kitchener.ca
Carried
Submission No.: A 2016-124
Applicant: Graham White
Property Location: 10 Sims Estate Place
Legal Description: Part Lot 124, German Company Tract, being Part 7 on Reference
Plan 58R-16189
COMMITTEE OF ADJUSTMENT -351- NOVEMBER 15, 2016
9. Submission No.: A 2016-124 (Cont'd)
Appearances:
In Support: G. White
J. DeJonge
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a detached
garage on the property Zoned R-3 on Schedule 264 `Appendix A', with Special Reg. 472R,
having a side yard setback of 3.9m rather than the required 13m, and to legalize the front yard
setback of the existing single detached dwelling on the property of 1.68m rather than the required
3.5m.
The Committee considered the report of the Planning Division, dated November 4, 2016, advising
the subject property located at 10 Sims Estate Place is designated Low Rise Residential in the
City's Official Plan and zoned Residential Three Zone (R-3) with Special Regulation 472R and
369U in Zoning By-law 85-1. There is an existing single detached dwelling on the subject
property, which is designated under Part IV of the Ontario Heritage act and is considered to be
protected heritage property. The owner is requesting relief from Special Regulation 472R to
permit a reduced westerly side yard setback of 3.9 metres to accommodate the proposed
construction of a one -car garage, whereas 13 metres is required. In addition, the owner is
requesting relief from Special Regulation 472R to legalize the front yard setback of the existing
single detached dwelling at 1.82 metres, whereas 3.5 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 following comments:
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 changes to the westerly side yard setback
and front 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
that the requested variances are appropriate.
The requested variance to legalize the location of the proposed garage at 3.9 metres from the
westerly side yard lot line, whereas 13 metres is required, meets the intent of the Zoning By-law.
Kitchener Heritage Planning Staff have submitted detailed comments in support of this opinion,
which are included in this report. The purpose of a westerly side yard setback of 13 metres on
this property is to preserve the views of the existing single detached dwelling and surrounding
forest, and to maintain enough `breathing room' between the structure and the townhouse
development to the west. The proposed garage will not interfere with views of the heritage
structure, as it will be setback 8.73 metres from the front lot line, and 4.35 metres from the
dwelling, allowing sufficient space to preserve the views. While the proposed garage will partially
obstruct views of the forest, the depth of the proposed front yard setback for the garage at 8.73
metres is sufficient enough to minimize the impacts of views on the forest, thus maintaining the
general intent of the By-law. Furthermore, there will continue to be enough separation between
the townhouse development to the west and the single detached dwelling on the subject lands. A
condition will be added to the recommendation section of this report requiring that the proposed
garage be built in accordance with the dimensions shown on the survey sketch submitted in
support of this application prepared by Black, Shoemaker, Robinson & Donaldson Limited dated
October 25, 2016, to ensure the intent of the Zoning By-law is met.
The requested variance to legalize the front yard setback of the existing single detached dwelling
at 1.82 metres from the front lot line, whereas 3.5 metres is required, meets the intent of the
Zoning By-law. The intent of a front yard setback of 3.5 metres is to ensure that any structure built
on the property will not be located closer to the front lot line than the existing single detached
dwelling, the main portion of which is located 3.53 metres from the front lot line at its closest point.
There is an existing enclosed porch on the front of the existing home which has a setback of 1.82
metres from the front lot line, encroaching 1.68 metres into the required front yard setback. As
this is an existing condition, and is already a component of the existing dwelling, legalizing the
COMMITTEE OF ADJUSTMENT -352- NOVEMBER 15, 2016
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reduced front yard setback will meet the intent of the Zoning By-law, provided that the reduced
front yard setback only applies to the existing single detached dwelling. A condition will be added
on this regard in the recommendation section of this report.
The variance can be considered minor as the reduced westerly side yard setback will not present
any significant impacts to adjacent properties and the overall neighbourhood. The proposed
garage would encroach 9.1 metres into the required westerly side yard setback, preserving views
from Sims Estate Place of the existing single detached dwelling and of the forest in the rear of the
lot. The front of the existing single detached dwelling encroaches 1.68 metres into the required
front yard setback and as this is an existing condition, there will not be any impacts on adjacent
properties or to the overall neighbourhood.
The variance is appropriate development for the property and surrounding area. The scale,
massing and height of the proposed garage are appropriate and consistent with the existing
single detached dwelling, and the reduced front yard setback legalizes an existing condition.
Therefore, the proposed variances will maintain the heritage character of the subject property and
continue to be consistent with the character of the surrounding neighbourhood.
Heritage Comments:
The subject property is designated under Part IV of the Ontario Heritage Act and is considered to
be protected heritage property as defined in the Provincial Policy Statement (2014).
The property features a stone farmhouse built c.1850 and is commonly referred to as the
Gardener's House. The farmhouse serves as a physical reminder of the early settlement of the
land by Mennonite pioneering families and of the former rural nature and use of the property. The
structure is also associated with the former Sims Estate, having served as the long-time
residence of the Sims Estate caretaker and gardener. In addition to the farmhouse, the heritage
designation also identifies the natural landscape features as having cultural heritage value,
including the upland forest and wooded valley of Chicopee Creek.
In 2003, the City of Kitchener received Zone Change and Draft Plan of Condominium applications
seeking approval to develop the Sims Estate lands. At the time of the applications, the
Gardener's House was included in the development proposal and was to be conserved on its
own lot. In addition to a Part IV heritage designation, the City applied site specific regulations in
the Zoning By-law as a means of conserving the stone building and its environs. Special
Regulation 472 was applied to the zoning of the Gardener's House.
Notwithstanding Section 37.2.1 of the By-law, within the lands zoned R-3 on Schedule 264 of
Appendix "A" and described as Part of Lots 118 and 124, German Company Tract, the minimum
lot area shall be 0.13 hectares, the minimum lot width shall be 88 metres, the minimum front yard
setback shall be 3.5 metres, the minimum westerly side yard setback shall be 13 metres and the
minimum rear yard setback shall be 2.3 metres.
The yard setbacks established in the special regulation provide a means for preserving the
integrity of the Gardener's House, its context of setting, and of public views to heritage attributes.
Given the distance between the westerly limit of the property and the Gardener's House is
approximately 13 metres, the side yard setback effectively serves to prevent the construction of a
new building or structure within that side yard. The intent being to establish `breathing room'
between the stone house and new townhouse development to the west, and to maintain open
and unobstructed views to both the historic house and the upland forest and wooded valley
referenced in the designating By-law.
In 2016, a Heritage Permit Application (HPA-2016-006) was made for the subject property,
originally seeking permission to construct a double car garage in the westerly side yard. Heritage
staff recommended that the application be refused citing the following concerns:
• construction of a garage within the westerly side yard does not conform or appear to meet
the intent of Special Regulation 472 of the Zoning By-law, which serves to preserve the
open setting and prevent new construction within the westerly side yard;
• the proposed location of the double -car garage will impact views to the upland forest and
wooded valley of Chicopee Creek referenced in the designation By-law and will have an
impact on the context of setting at a critical public vantage point; and,
COMMITTEE OF ADJUSTMENT -353- NOVEMBER 15, 2016
Submission No.: A 2016-124 (Cont'd)
the scale of the proposed double -car garage may compete with, and is not subordinate to,
the modest scale of the stone house, as viewed from Sims Estate Place.
The Heritage Kitchener Committee concurred with Heritage Planning staff and recommended to
Council that the Heritage Permit Application be refused. Shortly after the Heritage Kitchener
meeting, the applicants submitted a revised proposal that would continue to locate a garage
within the westerly side yard, but would see the scale of the detached garage reduced from a
double -car garage down to a single -car garage. Heritage Planning staff were of the opinion that
the reduction in the size of the garage would establish a structure that is of a more appropriate
scale with the stone house. In addition, the proposed front yard 8.73m setback from the road
would ensure that views to the stone house would remain unobstructed as one approaches the
property from Sims Estate Place. While the single -car garage would partially obstruct views to the
upland forest, the extent to which views would be impaired was reduced when compared with the
double -car garage. The reduced width of the single -car garage also provided an opportunity to
shift the easterly wall of the garage further west, thereby increasing the separation distance
between the two structures and giving the house more `breathing room'.
As a result of the revisions made to the proposal, the Heritage Permit Application seeking
permission to build a single -car garage within the westerly side yard of 10 Sims Estate Place was
formally approved by the City. Further, Heritage Planning staff made the following comments in
the staff report regarding the pending variance application:
"While the applicants will require a variance to the Zoning By-law to construct a garage
within the westerly side yard, staff are of the opinion that the amendment made to HPA-
2016-IV-006 to reduce the scale of the garage is an acceptable compromise which
balances conservation objectives with the limitations of the property and the needs of the
property owner. Accordingly, should Council approve the amended Heritage Permit
Application, Heritage Planning staff would support the required zoning variance".
Heritage Planning staff can advise that the westerly side yard variance being sought in
Committee of Adjustment application A 2016-124 (westerly side yard of 3.90m) is generally
consistent with the proposal that received Heritage Permit Application approval. As an 8.73m
front yard setback for the proposed garage is critical in maintaining historic views to the
farmhouse, heritage staff request that the approval for the variance for the front yard setback
clarify, by way of a condition or otherwise, that the 1.82m front yard setback applies to the
existing farmhouse building only, and that the proposed garage shall have a minimum front yard
setback of 8.73m.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 31, 2016, advising they have no concerns with this application.
The Committee considered the report of the Grand River Conservation Authority (GRCA), dated
November 4, 2016, advising although they have no concerns with this application, they noted a
portion of the subject property is within the allowance adjacent to the erosion hazard.
Consequently, a portion of the property is regulated by the GRCA under Ontario Regulation
150/06.
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Graham White requesting permission to construct a detached garage on
the property Zoned R-3 on Schedule 264 `Appendix A', with Special Reg. 472R, having a
westerly side yard setback of 3.9m rather than the required 13m; and, to legalize the front yard
setback of the existing single detached dwelling on the property of 1.82m rather than the required
3.5m, on Part Lot 124, German Company Tract, being Part 7 on Reference Plan 58R-16189, 10
Sims Estate Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
That the proposed garage be built in accordance with the dimensions depicted on the
survey sketch submitted in support of this application prepared by Black, Shoemaker,
Robinson & Donaldson Limited dated October 25, 2016.
2. That the owner shall obtain a Building Permit for the construction of the proposed garage
by June 30, 2017.
COMMITTEE OF ADJUSTMENT -354-
Submission
354 -
Submission No.: A 2016-124 (Cont'd
NOVEMBER 15, 2016
3. That in light of the treed nature of the property and the proximity of trees in shared
ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance
with the City's Tree Management Policy, to be approved by the City's Director of Planning
and where necessary, implemented prior to any grading, tree removal or the issuance of
building permits. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and vegetation to be removed
and/or 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.
4. That the reduced front yard setback of 1.82 metres shall apply only to the existing single
detached dwelling on the subject property.
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 wwvv.kitchener.ca
Carried
10. Submission No.: A 2016-125
Applicant: Mattamy (Monarch) Limited
Property Location: 3 Pieter Vos Drive
Legal Description: Lot 5, Registered Plan 58M-528
Appearances:
In Support: B. Russell
T. Schnarr
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single
detached dwelling having a building height of 11.05m rather than the permitted maximum building
height of 10.5m.
The Committee considered the report of the Planning Division, dated November 2, 2016, advising
the subject property is designated Low Rise Residential in the City's Official Plan and zoned
Residential Four Zone (R-4) 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 38.2.1 of the Zoning By-law to permit an increased height of building of 11.05m due to
site grading, whereas 10.5 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 following comments:
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. Section 15D.3.12 of the OP allows for a maximum
height of 11m but further recognizes that building height may exceed 11m due to variations in
grading. As this request is due to site grading, staff is of the opinion that the proposed variance
conforms to the designation.
COMMITTEE OF ADJUSTMENT -355- NOVEMBER 15, 2016
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The requested variance to permit a building height of 11.05m meets the intent of the Zoning By-
law. The intent of the 10.5 metre high building height requirement is to ensure the height is at a
scale complimentary to the low rise residential nature of the City's residential neighbourhoods.
An increase of 0.6m is considered minor, and is primarily due to a change in grade on the lot. As
such, staff is satisfied the requested variance meets the intent of the Zoning By-law.
The variance can be considered minor as the increase in height 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
October 31, 2016, advising they have no concerns with this application.
Moved by Ms. P. Kohli
Seconded by Mr. B. McColl
That the application of Mattamy (Monarch) Limited requesting permission to construct a single
detached dwelling having a building height of 11.05m rather than the maximum building height
permitted of 10.5m, on Lot 5, Registered Plan 58M-528, 3 Pieter Vos Drive, Kitchener, Ontario,
BE APPROVED, subject to the following condition:
That the building height of 11.05m applies only to the proposed single detached dwelling
as depicted on the house design prepared by VA3 Design (43-15), dated November 2015,
submitted in support of this application.
It is the opinion of this Committee that:
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 wwvv.kitchener.ca
Carried
11. Submission No.: A 2016-126
Applicant: Anna K. Marshall Holding Inc.
Property Location: 20 Braun Street
Legal Description: Lot 6, Plan 413
Appearances:
In Support: G. O'Rourke
A. Ruge
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct an addition to
adjoin the existing dwellings and legalizing the existing front yard setback of 3.09 rather than the
required 4.5m; and, the easterly side yard setback of 0.6m rather than the required 1.2m.
COMMITTEE OF ADJUSTMENT -356- NOVEMBER 15, 2016
11. Submission No.: A 2016-126 (Cont'd)
The Committee considered the report of the Planning Division, dated November 4, 2016, advising
the subject property located at 20 Braun Street is designated Low Rise Conservation in the K -W
Hospital Secondary Plan and zoned Residential Five Zone (R-5) in Zoning By-law 85-1. There is
an existing single detached dwelling on the subject property with a detached garage in the rear
yard. The owner is requesting relief from Section 39.2.1 to permit a reduced front yard setback of
3.1 metres to recognize an existing condition, whereas 4.5 metres is required, and to permit a
reduced side yard setback of 0.6 metres to accommodate the proposed construction of a
residential unit above the footprint of the existing garage, whereas 1.2 metres is required. It is
understood that a connection will be built between the existing single detached dwelling and the
location of the proposed new dwelling unit.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments:
The subject property is designated Low Rise Conservation in the K -W Hospital Secondary Plan.
This designation aims to retain the existing low rise, low density character of the neighbourhood.
The change to the front and 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 that the requested variances are appropriate.
The requested variance to legalize the front yard setback at 3.1 metres from the front lot line,
whereas 4.5 metres is required, meets the intent of the Zoning By-law. The purpose of a rear yard
setback of 4.5 metres is to provide sufficient space between the front of the structure and the front
of the property. Staff is of the opinion that there is sufficient space between the front of the single
detached dwelling and the front lot line.
The requested variance to legalize the location of the proposed new residential unit at 0.6 metres
from the side lot line, whereas 1.2 metres is required, meets the intent of the Zoning By-law. The
purpose of a side yard setback of 1.2 metres is to provide adequate separation from neighbouring
properties, and sufficient space for property owners to maintain any exterior side walls and to
access the rear yard. After visiting the site, Staff is of the opinion that there is sufficient separation
from neighbouring properties, and enough space to maintain exterior walls and access the rear
yard.
The variances can be considered minor as the reduced front and side yard setback will not
present any significant impacts to adjacent properties and the overall neighbourhood. The
reduced front yard setback would encroach 1.4 metres into the required front yard setback,
maintaining enough space between the structure and the front lot line. The reduced side yard
setback would encroach 0.6 metres into the required side yard setback and would not have any
significant impacts on the adjacent neighbours.
The variances are appropriate development for the property and surrounding area. The scale,
massing and height of the proposed new residential unit are appropriate and consistent with the
existing single detached dwelling, and the reduced front yard setback legalizes an existing
condition. The proposed variances will not impact the character of the subject property or
surrounding area.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 31, 2016, advising they have no concerns with this application.
Moved by Ms. P. Kohli
Seconded by Mr. B. McColl
That the application of Anna K. Marshall Holding Inc. requesting permission to construct an
addition to adjoin the existing dwellings and legalize the existing front yard setback of 3.09 rather
than the required 4.5m; and, the easterly side yard setback of 0.6m rather than the required 1.2m,
on Lot 6, Plan 413, 20 Braun Street, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
That the owner shall obtain a Building Permit for the proposed construction by June 30,
2017.
COMMITTEE OF ADJUSTMENT -357- NOVEMBER 15, 2016
11. Submission No.: A 2016-126 (Cont'd)
2. That the owner shall provide a site plan and elevation drawings for the proposed addition
over the garage to the satisfaction of the Director of Planning.
It is the opinion of this Committee that:
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 wwvv.kitchener.ca
Carried
CONSENT APPLICATIONS:
Submission No.: B 2016-115
Applicant: Canadian National Railway Company
Property Location: Portion of Canadian National Railway Company (CNR) lands located
behind 34 Lancaster Street West
Legal Description: Part of Lot 550, Plan 376, All of Lots 25, 26, 27, 28 and 40, Part Lots
23 and 24, Plan 244 and Part of Lot 60, Streets and Lanes
Appearances:
In Support: E. Saulesleja
A. Tsarfati
Contra: R. Smith
T. Wolanowski
Written Submissions: J. Tennant
B. Campbell
A. Schultz
B. McDonnell -Schultz
Neighbourhood Petition
The Chair advised the relief outlined in the subject application is outside the scope of the
Committee as there is currently an application for similar relief before the Ontario Municipal Board
(OMB) and the application was dismissed, which is rendered in the following decision:
That as provided by the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 the application of
Canadian National Railway Company to sever an irregularly-shaped parcel of land, on Part of Lot
550, Plan 367, All of Lots 25, 26, 27, 28 and 40, Part Lots 23 and 24, Plan 244 and Part of Lot 60,
Streets and Lanes (Portion of CN Rail Lands located behind 34 Lancaster Street West,
unofficially known as 45 Patrick Street), BE DISMISSED, as there is currently an application
requesting the same relief under appeal at the Ontario Municipal Board (OMB).
Pursuant to Section 53 of the Planning Act, any oral and written submissions received were
unable to be considered as the application was outside of the scope of the Committee and the
matter was dismissed. For more information please review the meeting minutes, which are
available on the City's website at .kitchener.ca.
Carried
COMMITTEE OF ADJUSTMENT
-358- NOVEMBER 15, 2016
2. Submission No.:
B 2016-117
Applicant:
2415624 Ontario Ltd.
Property Location:
121 Walter Street
Legal Description:
Part Lot 9, Plan 387, Being Parts 6 & 7 on Reference Plan 58R-
18953
Appearances:
In Support:
T. Rakic
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 Walter Street, with the severed lands having a lot width of
6.59m, a depth of 45.99m and an area of 303 sq.m.; and, the retained lands having a lot width of
6.59m, a depth of 45.99m and an area of 303.2 sq..
The Committee considered the report of the Planning Division, dated November 7, 2016, advising
the subject property is designated Low Rise Conservation in the KW Hospital Secondary Plan
and zoned Residential Five (R-5) in Zoning By-law 85-1 with Special Use Provision 129U, which
prohibits 3 -unit multiple dwellings. The lands are to be developed with a semi-detached dwelling,
which is currently under construction.
The applicant is requesting consent to sever the subject property into two lots to allow separate
ownership of each semi-detached unit. The severed lot would have a lot width of 6.59 metres, a
depth ranging between 45.97 and 45.99 metres, and an area of 303 square metres. The retained
lot would have a lot width of 6.59 metres, a depth ranging between 45.99 and 46.02 metres, and
an area of 303.2 square metres.
The property was previously subject to applications B 2015-058 and A 2015-081. The purpose of
application B 2015-058 was to sever a portion of 121 Walter Street measuring 0.680 metres wide,
45.968 metres long, with a lot area of approximately 31 square metres, and add it as a lot
addition to 125 Walter Street to create two identical lots, being 13.176 metres wide each. The
purpose of application A2015-081 was to permit a reduced lot with of 6.588 metres for semi-
detached dwellings, whereas 7.5 metres was required. These applications were approved by the
Committee of Adjustment on November 17, 2015.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990. c.P. 13, the uses of both the severed and retained parcels are in conformity with the
City's Official Plan and Zoning By-law 85-1.
Planning staff is of the opinion that the proposal conforms with the regulations of the Residential
Five Zone (R-5). The proposed severance conforms to the City's Official Plan and the
configuration of the proposed lots can be considered appropriate for the use of the lands. The
proposed severance is required to create separate semi-detached dwelling units and allow
separate ownership of each.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated November 7, 2016, advising they have no objection to this 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.
Mr. T. Rakic was in attendance in support of the subject application and the staff
recommendation. He requested clarification on the conditions outlined in the staff report, noting a
number of them have already been fulfilled as part of the previous Consent applications for the
subject property.
Ms. J. von Westerholt advised the proposed conditions are standard conditions and clearance
should not be onerous if they were completed on a previous application.
COMMITTEE OF ADJUSTMENT -359- NOVEMBER 15, 2016
2. Submission No.: B 2016-117 (Cont'd)
Moved by Ms. P. Kohli
Seconded by Mr. B. McColl
That the application of 2415624 Ontario Ltd. 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 Walter Street, with the severed lands having a lot width of
6.59m, a depth of 45.99m and an area of 303 sq.m.; and, the retained lands having a lot width of
6.59m, a depth of 45.99m and an area of 303.2 sq.m., on Part Lot 9, Plan 387, Being Parts 6 & 7
on Reference Plan 58R-18953, 121 Walter Street, Kitchener, Ontario, BE APPROVED, 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 Agn (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 on the severed parcel equal in the amount of $3,031.40. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage land
value for the severed portion.
4. That the owner shall enter into an agreement with the City of Kitchener to be prepared by
the City Solicitor and registered on title of the severed and retained lands which shall
include the following:
That the owner shall prepare a Tree Preservation Plan for the severed and retained
lands in accordance with the City's Tree Management Policy, to be approved by the
City's Director of Planning and where necessary, implemented prior to any grading,
tree removal or the issuance of building permits. Such plans shall include, among
other matters, the identification of a proposed building envelope/work zone,
landscaped area and vegetation to be preserved.
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 Division for the installation of any new service connections to the severed
and/or retained lands.
6. That any new driveways shall be built to City of Kitchener standards at the owner's
expense prior to occupancy of the building to the satisfaction of the City's Engineering
Division.
7. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
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 Services with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then the
owner would be required to pump the sewage via a pump and forcemain to the property
line and have a gravity sewer from the property line to the street to the satisfaction of the
Director of Engineering Services, all at the cost of the owner.
COMMITTEE OF ADJUSTMENT -360- NOVEMBER 15, 2016
2. Submission No.: B 2016-117 (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 wwvv.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 November 15, 2018.
Carried
Submission No.:
B 2016-118
Applicant:
2415624 Ontario Ltd.
Property Location:
125 Walter Street
Legal Description:
Part Lot 9, Plan 387, being Parts 1-5 on Reference Plan 58R-18953
Appearances:
In Support:
T. Rakic
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 Walter Street, with the severed lands having a lot width of
6.59m, a depth of 45.96m and an area of 302.9 sq.m.; and, the retained lands having a lot width
of 6.59m, a depth of 45.96m and an area of 302.8 sq.m.
The Committee considered the report of the Planning Division, dated November 7, 2016, advising
the subject property located at 125 Walter Street is designated Low Rise Conservation in the KW
Hospital Secondary Plan and zoned Residential Five (R-5) in Zoning By-law 85-1 with Special
Use Provision 129U, which prohibits 3 -unit multiple dwellings. The lands are to be developed with
a semi-detached dwelling, which is currently under construction.
The applicant is requesting consent to sever the subject property into two lots to allow separate
ownership of each semi-detached unit. The severed lot would have a lot width of 6.59 metres, a
depth ranging between 45.96 and 45.97 metres, and an area of 302.9 square metres. The
retained lot would have a lot width of 6.59 metres, a depth ranging between 45.95 and 45.96
metres, and an area of 302.8 square metres.
The property was previously subject to application A 2015-082, which permitted a reduced lot
width of 6.588 metres for semi-detached dwellings, whereas 7.5 metres was required. In addition,
application B 2016-058 severed a portion of 121 Walter Street measuring 0.680 metres wide,
COMMITTEE OF ADJUSTMENT -361- NOVEMBER 15, 2016
3. Submission No.: B 2016-118 (Cont'd)
45.968 metres long, with a lot area of approximately 31 square metres, to be added as a lot
addition to 125 Walter Street in order to create two identical lots, each being 13.176 metres wide.
These applications were approved by the Committee of Adjustment on November 17, 2015.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990. c.P. 13, the uses of both the severed and retained parcels are in conformity with the
City's Official Plan and Zoning By-law 85-1.
Planning staff is of the opinion that the proposal conforms with the regulations of the Residential
Five Zone (R-5). The proposed severance conforms to the City's Official Plan and the
configuration of the proposed lots can be considered appropriate for the use of the lands. The
proposed severance is required to create separate semi-detached dwelling units and allow
separate ownership of each.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated November 7, 2016, advising they have no objection to this 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.
Mr. T. Rakic was in attendance in support of the subject application and the staff
recommendation. He requested clarification on the conditions outlined in the staff report, noting a
number of them have already been fulfilled as part of the previous Consent applications for the
subject property.
Ms. J. vonWesterholt advised the proposed conditions are standard conditions and clearance
should not be onerous if they were completed on a previous application.
Moved by Ms. P. Kohli
Seconded by Mr. B. McColl
That the application of 2415624 Ontario Ltd. 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 Walter Street, with the severed lands having a lot width of
6.59m, a depth of 45.96m and an area of 302.9 sq.m.; and, the retained lands having a lot width
of 6.59m, a depth of 45.96m and an area of 302.8 sq.m., on Part Lot 9, Plan 387, being Parts 1-5
on Reference Plan 58R-18953, 125 Walter Street, Kitchener, Ontario, BE APPROVED, 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 Agn (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 on the severed parcel equal in the amount of $3,031.40. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage land
value for the severed portion.
4. That the owner shall enter into an agreement with the City of Kitchener to be prepared by
the City Solicitor and registered on title of the severed and retained lands which shall
include the following:
COMMITTEE OF ADJUSTMENT -362- NOVEMBER 15, 2016
3. Submission No.: B 2016-118 (Cont'd)
That the owner shall prepare a Tree Preservation Plan for the severed and retained
lands in accordance with the City's Tree Management Policy, to be approved by the
City's Director of Planning and where necessary, implemented prior to any grading,
tree removal or the issuance of building permits. Such plans shall include, among
other matters, the identification of a proposed building envelope/work zone,
landscaped area and vegetation to be preserved.
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 Division for the installation of any new service connections to the severed
and/or retained lands.
6. That any new driveways shall be built to City of Kitchener standards at the owner's
expense prior to occupancy of the building to the satisfaction of the City's Engineering
Division.
7. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
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 Services with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then the
owner be required to pump the sewage via a pump and forcemain to the property line and
have a gravity sewer from the property line to the street to the satisfaction of the Director of
Engineering Services, all at the cost of the owner.
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 wwvv.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 November 15, 2018.
Carried
COMMITTEE OF ADJUSTMENT -363-
COMBINED
363 -
COMBINED APPLICATIONS:
NOVEMBER 15, 2016
Submission Nos.: B 2016-116 and A 2016-127
Applicant: Heiman Street Properties Limited
Property Location: 150-158 Heiman Street
Legal Description: Part of the Common Element Waterloo Standard Condominium Plan
543
Appearances:
In Support: S. Hasiu
L. Rowe
Contra: E. Comenov
M. Djukic
M. Babic— interpreter service provided by Ms. S. Zupanic
C. Daffett
Written Submissions: E. Comenov
M. Djukic
M. Babic
The Committee was advised the applicant is requesting permission to sever an `L' shaped parcel
of land from the rear of 150-158 Heiman Street having the greatest width of 42.727m, the
greatest depth of 121.495m and an area of 1524.6 sq.m. to be conveyed as a lot addition to 164
Heiman Street to allow for the construction of a stacked townhouse development. In addition, the
retained parcel will also require permission to have a Floor Space Ration (FSR) of 0.76 rather
than the permitted maximum FSR of 0.6. The retained parcel will continue to be residential.
The Committee considered the report of the Planning Division, dated November 9, 2016, advising
Application B 2016-116 is proposing to sever an irregular `P' shaped parcel from 150-158 Heiman
Street and add it as a lot addition to 164 Heiman Street. The parcel is 1.50 metres wide at the
street edge of Heiman Street, 121.495 metres in depth, a rear width of 43.465 metres, with a total
area of 1462.4 square metres. Application A 2016-127 is seeking relief to permit a Floor Space
Ratio (FSR) of 0.76 for the retained lands, for the existing buildings, whereas a maximum FSR of
0.6 is permitted.
The subject property is designated as Low Rise Residential in the City's Official Plan and zoned
as Residential Six (R-6) in the Zoning By-law.
Severance Application:
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to
the City's Official Plan and will allow for orderly development that is compatible with the existing
community. The lot addition to 164 Heiman Street will allow that property to be developed in
accordance with the City's Official Plan policies and zoning regulations. Site plan approval will be
required for the proposed consolidated parcel at 164 Heiman Street.
The configuration of the retained lands will comply with the regulations of the Residential Six (R-
6) zone except for Floor Space Ratio (discussed below). Staff is further of the opinion that 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 Application B 2016-116
requesting to sever a `P' shaped parcel for a lot addition to 164 Heiman Street, being 1.50 metres
wide at the street edge of Heiman Street, 121.495 metres in depth, a rear width of 43.465 metres,
and a total area of 1462.4 square metres, be approved subject to the conditions outlined in the
Recommendation section of this report.
Minor Variance Application:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments:
COMMITTEE OF ADJUSTMENT -364- NOVEMBER 15, 2016
1. Submission Nos.: B 2016-116 & A 2016-127 (Cont'd)
The requested variances meet the intent of the Official Plan. Low Rise Residential Districts
accommodate a full range of housing types. In these districts, the City favours the mixing and
integration of different forms of housing to achieve a low overall intensity of use. The creation of
additional housing in existing developed areas, through conversion, infill and redevelopment, is
favoured as an appropriate response to changing housing needs and to make better use of
existing infrastructure and public service facilities. In this case, the shape of the severed lands
was determined so that when the severed lands are consolidated with 164 Heiman Street, that
consolidated parcel can meet applicable zoning regulations for multiple dwellings. This increase
in lot size for 164 Heiman Street will result in a parcel that will accommodate a more appropriate
infill development.
The requested variances meet the intent of the Zoning By-law. The intent of the FSR is to
regulate building mass. In this case, the building mass of 150-158 Heiman Street is not changing.
There will be a lot configuration change to the rear and the side lot lines, which will not be obvious
from the public realm. The minimum set back regulations are being maintained for 150-158
Heiman Street.
The requested variances are minor. The method for calculating FSR is more restrictive and has
changed since the maximum FSR was established in both the Zoning By-law and Official Plan.
The lowest level of the buildings at 150-158 Heiman Street are now included in the calculation for
FSR.
The variances are appropriate for the development and use of the land. The requested variances
will allow for the severance and lot consolidation, resulting in a useable and appropriate
redevelopment parcel at 164 Heiman Street.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated November 7, 2016, advising they have no objection to application B
2016-116.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 31, 2016, advising they have no concerns with application A 2016-127.
The Committee considered written submissions from the neighbouring property owner outlining a
number of questions regarding the proposed severance and future use of the lands.
Messrs. L. Rowe and S. Hasiu were in attendance in support of the subject applications and the
staff recommendations.
Ms. E. Comenov and Messrs. M. Djukic, M. Babic and C. Daffett were in attendance in opposition
to the subject application, noting concerns with property standard issues related to the subject
property, particularly safety of the neighbourhood and increased density. Ms. Comenov advised
they have had a number of challenges with the property management company that oversees
150-158 Heiman Street and they have yet to see changes in the appearance or maintenance of
the site. She indicated with increased development to the rear of that property, she has concerns
that the problems currently being experienced may worsen.
Mr. Rowe acknowledged the concerns raised by the neighbours, noting he was acting as an
agent on behalf of the property owners of 150-158 Heiman Street and sympathized with the
appearance of the property. He indicated the intentions of the proposed severance would allow
development at the rear of 164 Heiman Street with the hopes of improving the current conditions
being experienced by the Community. He indicated he was unsure this date of the final design of
the future development and whether the dwellings would be free -hold or a condominium. He
stated it is the owners' intention to improve the conditions within the Community and clean up the
site.
The Chair noted the Committee is only able to consider the merits of the application. He indicated
the applicant is requesting a lot addition to the property municipally addressed as 164 Heiman
Street and the proposed future use of the site is yet to be determined. He further advised that he
sympathized with the community with regards to safety and property standards, noting the
neighbours should call By-law Enforcement to assist in remedying some of the concerns raised
this date.
COMMITTEE OF ADJUSTMENT -365- NOVEMBER 15, 2016
1. Submission Nos.: B 2016-116 & A 2016-127 (Cont'd)
Submission No.: B 2016-116
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Heiman Street Properties Ltd. requesting permission to sever an `L'
shaped parcel of land from the rear of 150-158 Heiman Street having the greatest width of
42.727m, the greatest depth of 121.495m and an area of 1524.6 sq.m. to be conveyed as a lot
addition to 164 Heiman Street, on Part of the Common Element Waterloo Standard
Condominium Plan 543, 150-158 Heiman Street, Kitchener, Ontario, BE APPROVED, 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 Agn (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 receive final approval of Minor Variance Application A 2016-127.
4. 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.
5. 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.
6. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation of all new service connections and the removal of
redundant services to the retained lands.
7. That the owner shall make arrangements, financial or otherwise, for the relocation of any
existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as
required, to the satisfaction of the appropriate City department.
8. 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 for
the retained lands.
9. 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 for the retained lands.
10. That the owner shall provide Engineering Services 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, at the cost of the owner.
11. That the owner shall enter into an agreement with the City of Kitchener to be prepared by
the City Solicitor and registered on title of the severed lands which shall include the
following:
COMMITTEE OF ADJUSTMENT -366- NOVEMBER 15, 2016
1. Submission Nos.: B 2016-116 & A 2016-127 (Cont'd)
That prior to any grading or the application or issuance of a building permit, the
owner shall submit a plan, prepared by a qualified consultant, to the satisfaction
and approval of the City's Director of Planning showing:
i. the proposed location of all buildings (including accessory buildings and
structures), decks and driveways;
ii. the location of any existing buildings or structures to be removed or relocated;
iii. the proposed grades and drainage;
iv. the location of all trees to be preserved, removed or potentially impacted on or
adjacent to the subject lands, including notations of their size, species and
condition; and,
v. justification for any trees to be removed; and further,
vi. outline tree protection measures for trees to be preserved.
b. Any alteration or improvement to the lands including grading, tree removal and the
application or issuance of any building permits shall be in compliance with the
approved plan. Any changes or revisions to the plan require the approval of the
City's Director of Planning.
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 wwvv.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 November 15, 2018.
Carried
Submission No.: A 2016-127
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Heiman Street Properties Limited requesting permission to have a Floor
Space Ration (FSR) of 0.76 rather than the permitted maximum FSR of 0.6, on Part of the
Common Element Waterloo Standard Condominium Plan 543, 150-158 Heiman Street,
Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is
being maintained on the subject property.
COMMITTEE OF ADJUSTMENT -367- NOVEMBER 15, 2016
Submission Nos.: B 2016-116 & A 2016-127 (Cont'd)
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 wwvv.kitchener.ca
Carried
Submission Nos.: B 2016-119, A 2016-128 and A 2016-129
Applicants: Sigrid Linster and Claude Agnus
Property Location: 350 Luella Street
Legal Description: Part Lots 23 & 24, Registered Plan 79
Appearances:
In Support: P. Vojinovic
J. Wall
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to sever a parcel of land so
each half of a semi-detached residential development can be dealt with separately, the existing
single detached dwelling will be demolished. Both the severed and retained lots will front onto
Luella Street, with the severed lands having a lot width of 7.597m, a depth of 30.48m and an area
of 232.06 sq.m.; and, the retained lands having a lot width of 7.597m, a depth of 30.48m and an
area of 232.06 sq.m. In addition, permission is also being requested for the severed parcel to
have a lot area of 232.06 sq.m. rather than the required 235 sq.m.; and, the retained lot to have a
lot area of 232.06 sq.m. rather than the required 235 sq.m.
The Committee considered the report of the Planning Division, dated November 9, 2016, advising
the subject property is located at the north side of Luella Street, between Lancaster Street East
and Chestnut Street in the Central Frederick Planning Community. The property contains a two-
storey single detached dwelling constructed in approximately 1946. The subject property backs
onto a property that is developed with a 7 -storey apartment building. There are single detached
dwellings located on either side of the subject property. The surrounding area is composed of a
mix of low and medium density residential land uses. The property is designated Low Rise
Conservation A in the Central Frederick Secondary Plan and is zoned R-5, 129U.
The applicant is seeking to acquire the property from the current owners, demolish the existing
single detached dwelling, sever the lot in half along the length of the property, and construct a
semi-detached dwelling on the property with the common wall straddling the new lot line.
As the first step in implementing this plan, via Consent Application B 2016-119, the owner is
requesting approval to create a new lot (the severed parcel) with a frontage of 7.597 metres on
Luella Street, a depth of 30.480 metres, and an area of 232.06 square metres. The retained lot
would also possess frontage on Luella Street and would possess the same lot dimensions and
area as the severed parcel. The purpose of the consent application is to establish separate
ownership of each future semi-detached house.
To facilitate the consent application and construction of a semi-detached dwelling, the owner is
requesting approval of two Minor Variance applications (note that the requests for severed and
retained parcels are the same, since the new lot line would split the property exactly in half):
Minor Variance application A 2016-128 relates to the severed parcel and requests a
minimum lot area of 232.06 square metres for a semi-detached dwelling, whereas the
Zoning By-law requires a minimum of 235.0 square metres (Section 39.2.2); and,
2. Minor Variance application A2016-129 relates to the retained parcel and requests a
minimum lot area of 232.06 square metres for a semi-detached dwelling, whereas the
Zoning By-law requires a minimum of 235.0 square metres (Section 39.2.2).
COMMITTEE OF ADJUSTMENT -368- NOVEMBER 15, 2016
2. Submission Nos.: B 2016-119, A 2016-128 & A 2016-129 (Cont'd)
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The
minimum lot area reduction variance for each resultant lot will meet the intent of the Official Plan
and Zoning By-law, is minor, and is desirable for the appropriate development of the land for the
following reasons.
The each resultant lot is able to accommodate a semi-detached house and all associated on-site
facilities, including a parking space, and adequate landscaped area and amenity area.
All other zoning regulations pertaining to the semi-detached use will be met, including minimum
lot width, yards, and parking; and maximum lot coverage.
The 2.94 square metre (31.6 sq.ft.) lot area deficiency for each parcel will not have unacceptably
adverse impacts on adjacent properties and will be likely be imperceptible.
The requested variances are desirable for the appropriate development of the lands because
they will allow for appropriate minor intensification. However, as a condition of approval, Planning
staff recommends that a Site Plan drawing and elevation drawings for the new semi-detached
dwelling be submitted to the satisfaction of the City, to ensure consistency and compatibility with
existing built form and the character of the established neighbourhood, in accordance with Part 2,
Section 1.6.1 of the City's Official Plan.
Planning staff notes the existing single detached dwelling is subject to the City's demolition
control policies and By-law. Accordingly, the owner is hereby advised that approval of a
Demolition Control application is necessary to justify the removal of the existing dwelling. The
Demolition Control application would ideally be submitted concurrently with a Building Permit
application for the new semi-detached dwelling.
Regarding the consent application, with respect to the criteria for the subdivision of land listed in
Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, Planning staff offers the following
comments. The severed and retained lots are suitable for the proposed semi-detached. Both lots
would possess frontage on an established public street that provides adequate municipal water,
sewage, and storm water services. The recommended conditions for the associated minor
variances would ensure consistent and compatible built form and layout. In this regard, the
dimensions and shapes of the parcels are appropriate.
In light of the extensively treed rear yard of the subject property, Planning staff also recommends
that the typical condition requiring the owner to enter into an agreement to prepare and
implement a Tree Preservation Plan be required as a consent approval condition.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services, dated November 7, 2016, advising they have no objection to application B
2016-119 subject to the following conditions:
1. That prior to final approval, the applicant submit payment to the Region the Consent
Application Review Fee of $350.00.
2. That prior to final approval, the applicant enter into an agreement with the Regional
Municipality of Waterloo (for both severed and retained lands), to provide the following, to
the satisfaction of the Regional Commissioner of Planning, Development and Legislative
Services:
a. installation of central air conditioning, and,
b. include the following warning clause in all offers to purchase and/or rental agreements:
"Due to its proximity to Victoria Street North (Regional Road 55) and Lancaster
Street East, projected noise levels on this property may exceed the Noise Level
Objectives approved by the Regional Municipality of Waterloo and may cause
concern to some individuals. Moreover, this dwelling has been developed such that
noise attenuation features in the form of central air conditioning are included."
COMMITTEE OF ADJUSTMENT -369- NOVEMBER 15, 2016
2. Submission Nos.: B 2016-119, A 2016-128 & A 2016-129 (Cont'd)
"The Greater Toronto Transit Authority, carrying on business as GO Transit, and
the Canadian National Railway (CNR), and their assigns and successors in interest
has or have a right-of-way within 300 meters from the land the subject hereof.
There may be alterations to or expansions of the rail facilities on such right-of-way
in the future including the possibly that GO Transit or CNR, or any railway entering
into an agreement with GO Transit or CNR, to use the rights-of-way or their assigns
or successors as aforesaid may expand their operations, which expansion may
affect the living environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the design of the
development and individual dwelling(s). GO Transit or CNR will not be responsible
for any complaints or claims arising from use of such facilities and/or operations on,
over or under the aforesaid rights-of-way."
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
October 31, 2016, advising they have no concerns with applications A 2016-128 and A 2016-129.
Mr. P. Vojinovic and Ms. J. Wall were in attendance in support of the subject applications and the
staff recommendations.
Submission No.: B 2016-119
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Sigrid Linster and Claude Agnus requesting permission to sever a parcel
of land so each half of a semi-detached residential development can be dealt with separately, the
existing single detached dwelling will be demolished. Both the severed and retained lots will front
onto Luella Street, with the severed lands having a lot width of 7.597m, a depth of 30.48m and an
area of 232.06 sq.m.; and, the retained lands having a lot width of 7.597m, a depth of 30.48m and
an area of 232.06 sq.m., on Part Lots 23 & 24, Registered Plan 79, 350 Luella Street, Kitchener,
Ontario, BE APPROVED, 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 Agn (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 receive final approval of Minor Variance Applications A 2016-128 and
A 2016-129.
4. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication in the amount of $3,494.62, which is equal to 5% of the value of the lands to be
severed.
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 both the
severed and retained lands, if deemed necessary by the City's Engineering Services.
6. 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 the retained
lands.
7. That the owner shall prepare a Servicing Plan showing outlets to the municipal servicing
system for the severed and retained parcels to the satisfaction of the Engineering Division.
COMMITTEE OF ADJUSTMENT -370- NOVEMBER 15, 2016
Submission Nos.: B 2016-119, A 2016-128 & A 2016-129 (Cont'd)
8. That the owner shall complete and submit the Development and Reconstruction As -
Recorded Tracking Form along with a digital submission of all AutoCAD drawings required
for the site (Grading, Servicing etc.) with the corresponding correct layer names and
numbering system, in accordance with the Public Sector Accounting Board (PSAB) S.
3150, to the satisfaction of the City's to the Engineering Division.
9. That the owner shall enter into an agreement with the City of Kitchener to be prepared by
the City Solicitor and registered on title of the severed and retained lands which shall
include the following:
That the owner shall prepare a Tree Preservation Plan for the severed lands in
accordance with the City's Tree Management Policy, to be approved by the City's
Director of Planning and where necessary, implemented prior to any grading, tree
removal or the issuance of building permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone, landscaped
area and vegetation to be preserved.
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.
10. 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 agency.
11. That the owner shall submit payment to the Region of Waterloo the Consent Application
Review Fee of $350.00.
12. That the owner shall enter into an agreement with the Region of Waterloo (for both
severed and retained lands), to provide the following, to the satisfaction of the Region of
Waterloo Commissioner of Planning, Development and Legislative Services:
a) installation of central air conditioning; and,
b) include the following warning clause in all offers to purchase and/or rental
agreements:
"Due to its proximity to Victoria Street North (Regional Road 55) and Lancaster
Street East, projected noise levels on this property may exceed the Noise Level
Objectives approved by the Regional Municipality of Waterloo and may cause
concern to some individuals. Moreover, this dwelling has been developed such that
noise attenuation features in the form of central air conditioning are included."
"The Greater Toronto Transit Authority, carrying on business as GO Transit, and
the Canadian National Railway (CNR), and their assigns and successors in interest
has or have a right-of-way within 300 meters from the land the subject hereof.
There may be alterations to or expansions of the rail facilities on such right-of-way
in the future including the possibly that GO Transit or CNR, or any railway entering
into an agreement with GO Transit or CNR, to use the rights-of-way or their assigns
or successors as aforesaid may expand their operations, which expansion may
affect the living environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the design of the
development and individual dwelling(s). GO Transit or CNR will not be responsible
for any complaints or claims arising from use of such facilities and/or operations on,
over or under the aforesaid rights-of-way."
It is the opinion of this Committee that:
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 -371- NOVEMBER 15, 2016
Submission Nos.: B 2016-119, A 2016-128 & A 2016-129 (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 wwvv.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 November 15, 2018.
Carried
Submission No.: A 2016-128
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Sigrid Linster and Claude Agnus requesting permission for the severed
parcel resulting from Consent Application B 2016-119 to have a lot area of 232.06 sq.m. rather
than the required 235 sq.m., on Part Lots 23 & 24, Registered Plan 79, 350 Luella Street,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
That the owner shall submit a site plan drawing and building elevation drawings for the
front and sides of the proposed semi-detached dwelling on the severed and retained
lands, to the satisfaction of the City's Director of Planning and City's Chief Building Official.
The purpose of this condition is to ensure consistency and compatibility with the existing
built form and the character of the established neighbourhood in accordance with Part 2,
Section 1.6.1 of the City's Official Plan.
2. That the owner shall obtain Building Permits for the demolition of the existing single
detached dwelling and for the construction of the proposed semi-detached dwelling from
the City's Building Division. The building elevation drawings approved through Condition 1,
above, shall be implemented through this process.
3. That the owner shall obtain demolition control approval from the City's Planning Division
for the existing single detached dwelling.
It is the opinion of this Committee that:
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 wwvv.kitchener.ca
Carried
COMMITTEE OF ADJUSTMENT -372- NOVEMBER 15, 2016
Submission Nos.: B 2016-119. A 2016-128 & A 2016-129 (Cont'd
Submission No.: A 2016-129
Moved by Mr. B. McColl
Seconded by Ms. P. Kohli
That the application of Sigrid Linster and Claude Agnus requesting permission for the retained
land resulting from Consent Application B 2016-119 to have a lot area of 232.06 sq.m. rather than
the required 235 sq.m., on Part Lots 23 & 24, Registered Plan 79, 350 Luella Street, Kitchener,
Ontario, BE APPROVED, subject to the following conditions:
That the owner shall submit a site plan drawing and building elevation drawings for the
front and sides of the proposed semi-detached dwelling on the severed and retained
lands, to the satisfaction of the City's Director of Planning and City's Chief Building Official.
The purpose of this condition is to ensure consistency and compatibility with the existing
built form and the character of the established neighbourhood in accordance with Part 2,
Section 1.6.1 of the City's Official Plan.
2. That the owner shall obtain Building Permits for the demolition of the existing single
detached dwelling and for the construction of the proposed semi-detached dwelling from
the City's Building Division. The building elevation drawings approved through Condition 1,
above, shall be implemented through this process.
3. That the owner shall obtain demolition control approval from the City's Planning Division
for the existing single detached dwelling.
It is the opinion of this Committee that:
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 wwvv.kitchener.ca
Carried
ADJOURNMENT
On motion, the meeting adjourned at 11:51 a.m.
Dated at the City of Kitchener this 15th day of November, 2016.
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment