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HomeMy WebLinkAbout2017-06-20 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 20, 2017 MEMBERS PRESENT: Messrs. A. Head and B. McColl and Ms. J. Meader. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. A. Head, Vice-Chair, called this meeting to order at 9:51 a.m. MINUTES Moved by Ms. J. Meader Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment held May 16, 2017, as circulated to the members, be accepted. Carried APPOINTMENTS OF ACTING SECRETARY-TREASURERS Moved by Mr. B. McColl Seconded by Ms. J. Meader That Mr. J. Bunn and Ms. H. Dyson be appointed as Acting Secretary-Treasurers of the Committee of Adjustment. Carried UNFINISHED BUSINESS COMBINED APPLICATIONS: 1.Submission Nos.: B 2017-011 and A 2017-049 Applicant: City Smiles Dentistry Property Location: 655 King Street West/10 Wellington Street South Legal Description: Part Lots 31 and 32, Plan 377 Appearances: In Support: K. Barisdale Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land municipally addressed as 10 Wellington Street South, having a width on Wellington Street South of 12.329m, a depth of 20.117m and an area of 247.9 sq.m. The retained land, an ‘L’ shaped parcel municipally addressed as 655 King Street West, has a width on King Street West of 15.425m, a depth of 50.344m and an area of 885.9 sq.m. Permission is also being requested for 10 Wellington Street South to permit a 1.89m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; to locate an off-street parking space 4m from the street line rather than the required 6m setback; to permit a parking space having a width of 2.53m rather than the required 2.6m; to allow a driveway width of 2.53m rather than the required 2.6m; to permit 1 off-street parking space for a duplex rather than the COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 124 - 1. Submission Nos.: B 2017-011 & A 2017-049 (Cont’d) required 2 off-street parking spaces; to permit a front yard setback of 2.58m rather than the required 4.5m; a rear yard setback of 3.49m rather than the required 7.5m; and, to permit a northerly side yard setback for the driveway of 2.53m rather than the required 3m. The Committee considered the report of the Planning Division June 12, 2017, advising the subject lands are located at 655 King Street West and 10 Wellington Street South. This is an irregular-shaped parcel resulting from the inadvertent merging of two lots on title. The applicant is requesting consent to sever the lots so that they are in independent ownership, but along different lot lines from the former configuration. There are no physical changes proposed to the existing buildings; however, minor variances are required to legalize the existing zoning deficiencies at 10 Wellington Street South. The subject applications were deferred from the May 16, 2017 Committee of Adjustment meeting to allow the applicant to submit further justification for the proposed parking reduction. Justification has now been submitted by the applicant and has been considered by Planning and Transportation Services staff. Consent Application: The subject lands are designated Mixed Use Corridor in the KW Hospital Secondary Plan and are zoned Mixed Use Corridor Zone MU-3. The KW Hospital (Mid-town) area is a prime redevelopment area within the City, and the zoning and designations on the lands are intended to support consolidation of lots which would allow for larger scale redevelopments. From this perspective, the accidental consolidation of lands, as is the case in this situation where two properties have merged in title, may be beneficial as larger lots with greater redevelopment potential are created. However, where the City specifically wishes to see consolidation, a Holding provision has been added to the implementing zoning. Such a provision does not apply to the subject lands, indicating to staff that there is not a specific desire under the current planning framework, to see these lands consolidate. In this particular situation, the existing lands are irregularly-shaped, and there are other pieces of adjoining lands which would likely be necessary to create a functional redevelopment parcel. In this case, the severance would recreate two previously existing lots. The proposed configuration suits the current uses and would not prevent future consolidation or comprehensive redevelopment of the lands. Therefore, staff has concluded that this severance can be supported. A Site Plan was approved for 655 King Street West in 1984. This site plan is still valid, and the site has been developed in accordance with the plan. Prior to the lots merging in title, the driveway providing access to the rear of 655 King Street West was part of 10 Wellington Street South, with a right-of-way in favour of 655 King Street West. This right-of-way was created by consent in 1984. As this driveway does not provide access to 10 Wellington Street South, the owner is proposing to formally add it to 655 King Street West, and staff is of the opinion that this change is appropriate. The existing Site Plan should be updated to reflect the new lot configuration and to bring the parking lot layout up to current standards for matters such as barrier-free parking, aisle width, etc. Staff recommends that a condition of approval be included to require an update to the Site Plan. 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, subject to approval of the requested minor variances, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses, the lands front established public streets, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. In addition, it is the opinion of staff that the proposed consent is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Minor Variance Application: The applicant is requesting the following minor variances for 10 Wellington Street South, in support of the proposed severance to permit: the existing porch to encroach 1.98 metres into the Driveway Visibility Triangle (DVT) of 4.57 metres; a required parking space to be located 4.0 metres from a street line rather than the require 6.0 metres; a parking space having a width of 2.53 metres rather than 2.6 metres; COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 125 - 1. Submission Nos.: B 2017-011 & A 2017-049 (Cont’d) a driveway to have a minimum width of 2.53 metres rather than 2.6 metres; a 2.53 metre side yard on the side where a driveway is located, rather than 3.0 metres; a minimum front yard setback of 2.58 metres rather than 4.5 metres; a minimum rear yard setback of 3.49 metres rather than 7.5 metres; and, a duplex having 1 parking space rather than 2. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments. Variances 1 – 7: The subject lands are designated Mixed Use Corridor and are zoned Mixed Use Corridor Zone MU-3. The intent of the Mixed Use Corridor designation and zone are to allow for redevelopment and intensification, but to also allow for the continuation of existing uses, such as the subject duplex dwelling. The intent of the zoning regulations is to provide sufficient separation between buildings and adequate space for parking. The setback of the parking space and width of the driveway and parking space, location of the building in proximity to the DVT, front, side and rear yard setbacks are all existing situations. In the context of the existing lot, the setbacks would be considered legal non-conforming, or would be deemed to comply under the existing lot policy. However, these deficiencies must be legalized in order to create the new lot. The existing situation is not proposed to change as a result of the application, and the lot, building and use have existed with the existing deficiencies for many years without concern or complaint. Staff is of the opinion that the requested variances are minor and are appropriate for the development and use of the lands, and as the building and use are existin,g staff is of the opinion that they conform to the intent of the Official Plan and Zoning By-law. Variance 8: The applicant is proposing to reduce the required number of parking spaces for the duplex from 2 to 1. The intent of the Official Plan and Zoning By-law is to ensure there is sufficient parking available and the transportation needs of tenants and visitors of the tenant can be met. Official Plan policies indicate that the City may consider adjustments to parking requirements for properties within an area where sufficient transit exists or is to be provided. The site is well located to take advantage of a variety of transportation options. The property is located along four existing Grand River Transit Route and I-Xpress Service will resume along King Street West in the fall 2017. The duplex is also located between the future KW Hospital and King/Victoria Rapid Transit stations (approximately 650 and 450 metres from the subject lands, respectively). The subject site is also located in a walkable neighbourhood (walk score of 83/100 on walkscore.com), which means there are a good variety of services, shopping, schools and employment options within a comfortable walking distance. As such, staff is of the opinion that a resident would not require a personal vehicle to live in this location. Short-term on-street parking is available on Walter Street to accommodate visitors to the site. Staff is of the opinion that it is important for future tenants to be formally advised that there is no parking available for one of the units. Should the proposed variance be approved, staff recommend that the owner be required to enter into an agreement with the City of Kitchener, obligating them to advise tenants that no parking is available in lease/rental agreements. Based on the foregoing, staff is of the opinion that the proposed variance to reduce the requirements of the duplex from 2 to 1, meets the intent of the Official Plan and Zoning By-law, that it 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, Planning, Development and Legislative Services, dated May 9, 2017, advising they have no objection to Application B 2017- 011, subject to the following conditions: 1. That, prior to final approval, the applicant submit either a confirmation from the OLS that there are no encroachments into the King Street right-of-way; or, submit a current reference plan prepared by an OLS showing the details of the encroaching building elements. 2. That, prior to final approval, should any encroachments exist, the applicant will enter into an encroachment agreement with the Region of Waterloo. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 126 - 1. Submission Nos.: B 2017-011 & A 2017-049 (Cont’d) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 25, 2017, advising they have no concerns with Application A 2017-049. Ms K. Barisdale provided a brief overview of the application, noting she was in attendance in support of the subject applications and staff recommendations. In response to questions, Mr. D. Seller stated staff have no concerns with the encroachment into the DVT as it is an existing condition and historically no issues have been identified. Submission No.: B 2017-011 Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of City Smiles Dentistry requesting permission to sever a parcel of land municipally addressed as 10 Wellington Street South, having a width on Wellington Street South of 12.329m, a depth of 20.117m and an area of 247.9 sq.m., on Part Lots 31 and 32, Plan 377, 655 King Street West/10 Wellington Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 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 properties to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That owner of the lands to be retained (655 King Street West) shall obtain approval of a Stamped Plan ‘B’ to the satisfaction of the City’s Manager of Site Development and Customer Service. 4. That the owner shall submit either a confirmation from an Ontario Land Surveyor (OLS) that there are no encroachments into the King Street right-of-way; or, submit a current reference plan prepared by an OLS showing the details of the encroaching building elements. 5. That the owner shall enter into an encroachment agreement with the Region of Waterloo, should any encroachments exist. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 127 - 1. Submission Nos.: B 2017-011 & A 2017-049 (Cont’d) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 20, 2019. Carried Submission No.: A 2017-049 Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of City Smiles Dentistry requesting permission for 10 Wellington Street South to permit the existing porch to encroach 1.89m into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; to locate an off-street parking space 4m from the street line rather than the required 6m setback; to permit a parking space having a width of 2.53m rather than the required 2.6m; to allow a driveway width of 2.53m rather than the required 2.6m; to permit 1 off-street parking space for a duplex rather than the required 2 off-street parking spaces; to permit a front yard setback of 2.58m rather than the required 4.5m; a rear yard setback of 3.49m rather than the required 7.5m; and, to permit a northerly side yard setback for the driveway of 2.53m rather than the required 3m, on Part Lot 31, Plan 377, 10 Wellington Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. 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 subject lands (10 Wellington Street South). In the agreement, the owner shall acknowledge that only one parking space is available for the two dwelling units located on the subject site, and the owner shall agree to include a provision in all rental or lease agreements advising tenants of the unit without a parking space, that no on-site parking is included or provided for that dwelling unit. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried The Committee recessed at 9:56 a.m. and re-convened at 11:10 a.m., Chaired by Mr. A. Head with all members present. NEW BUSINESS MINOR VARIANCE: 1. Submission No.: A 2016-050 Applicant: Cook Homes Limited Property Location: 3 Crosswinds Drive Legal Description: Lot 39, Registered Plan 58M-597 Appearances: In Support: T. Allensen Contra: None COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 128 - 1. Submission No.: A 2017-050 (Cont’d) Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway located 8.3m from the intersection of Crosswinds Drive and Rivertrail Avenue rather than the required 9m. The Committee considered the report of the Planning Division June 13, 2017, advising the subject property is zoned Residential Six Zone (R-6), with special regulation provision 597R. It is designated Low Rise Residential in the current Official Plan, and Low Rise Residential in the new Official Plan. The applicant is requesting permission to construct a street townhouse dwelling as part of a block of 7 townhouse dwellings (SP17/039/C/ES). The applicant is requesting relief from Section 6.1.1.1.c.iii of the Zoning By-law to place a driveway 8.3 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. The subject property is designated Low Rise Residential in both the City’s 2014 Official Plan and 1994 Official Plan. A significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal, therefore the policies of the 1994 Official Plan are to be considered for this report. The Residential designation in the 1994 Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. It is of the opinion of staff that the requested variance will not compromise this or any other policies of the Low Rise Residential designation, and therefore meets the intent of the Official Plan. The proposed variance meets the intent of the Zoning By-law. The intent of the zoning regulation that requires a 9-metre setback for driveways from the intersection of street lines is to ensure that cars parked in a driveway do not create a visibility concern for vehicle ingress/egress of the property. However, there is a large 5.4-metre boulevard area between the exterior side property line and the curb, which provides additional separation in this case. The addition of the proposed setback provides a total of 13.7 metres between the driveway and the street. This distance is adequate in maintaining visibility and therefore meets the intent of the Zoning By-law. The proposed variance for reduction in driveway setback is considered appropriate for the development because visibility concerns are addressed through the large boulevard between the exterior side lot line and the street. Staff is of the opinion that the boulevard provides an adequate setback for a driveway on a corner lot. The proposed variance is considered minor as staff is of the opinion that reduction in driveway setback from 9 metres to 8.3 metres is a difference of just 0.7 metres and can be considered minor, especially when taking the substantial width of the boulevard into consideration. Based on the above comments, staff is of the opinion that the variance requested is minor, meets the general intent of the Zoning By-law and Official Plan, and is appropriate for the lot and surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 5, 2017, advising they have no concerns with this application. Mr. T. Allensen was in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Cook Homes Limited requesting permission to construct a single detached dwelling having a driveway located 8.3m from the intersection of Crosswinds Drive and Rivertrail Avenue rather than the required 9m, on Lot 39, Registered Plan 58M-597, 3 Crosswinds Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a Building Permit from the City’s Building Division for the proposed dwelling. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 129 - 1. Submission No.: A 2017-050 (Cont’d) It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 2. Submission No.: A 2017-051 Applicant: 2522935 Ontario Inc. Property Location: 15 Crosswinds Drive Legal Description: Lot 45, Registered Plan 58M-597 Appearances: In Support: T. Allensen Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway located 8.3m from the intersection of Crosswinds Drive and Grand Flats Trail rather than the required 9m. The Committee considered the report of the Planning Division June 13, 2017, advising the subject property is zoned Residential Six Zone (R-6), with special regulation provision 597R. It is designated Low Rise Residential in the current Official Plan, and Low Rise Residential in the new Official Plan. The applicant is requesting permission to construct a street townhouse dwelling as part of a block of 7 townhouse dwellings (SP17/039/C/ES). The applicant is requesting relief from Section 6.1.1.1.c.iii of the Zoning By-law to place a driveway 8.3 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. The subject property is designated Low Rise Residential in both the City’s 2014 Official Plan and 1994 Official Plan. A significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal, therefore the policies of the 1994 Official Plan are to be considered for this report. The Residential designation in the 1994 Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. It is of the opinion of Staff that the requested variance will not compromise this or any other policies of the Low Rise Residential designation, and therefore meets the intent of the Official Plan. The proposed variance meets the intent of the Zoning By-law. The intent of the zoning regulation that requires a 9-metre setback for driveways from the intersection of street lines is to ensure that cars parked in a driveway do not create a visibility concern for vehicle ingress/egress of the property. However, there is a large 8-metre boulevard area between the exterior side property line and the curb, which provides additional separation in this case. The addition of the provided setback provides a total of 16.3 metres between the driveway and the street. This distance is adequate in maintaining visibility and therefore meets the intent of the Zoning By-law. The proposed variance for reduction in driveway setback is considered appropriate for the development because visibility concerns are addressed through the large boulevard between the exterior side lot line and the street. Staff is of the opinion that the boulevard provides an adequate setback for a driveway on a corner lot. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 130 - 2. Submission No.: A 2017-051 (Cont’d) The proposed variance is considered minor as staff is of the opinion that reduction in driveway setback from 9 metres to 8.3 metres is a difference of just 0.7 metres and can be considered minor, especially when taking the substantial width of the boulevard into consideration. Based on the above comments, staff is of the opinion that the variance requested is minor, meets the general intent of the Zoning By-law and Official Plan, and is appropriate for the lot and surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 5, 2017, advising they have no concerns with this application. Mr. T. Allensen was in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Cook Homes Limited requesting permission to construct a single detached dwelling having a driveway located 8.3m from the intersection of Crosswinds Drive and Grand Flats Trail rather than the required 9m, on Lot 45, Registered Plan 58M-597, 15 Crosswinds Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a Building Permit from the City’s Building Division for the proposed dwelling. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 3. Submission No.: A 2017-052 Applicant: Thomas Schaefer Property Location: 129 Bloomingdale Road North Legal Description: Part Lot 71, German Company Tract Appearances: In Support: A. Monteith Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a two-storey single detached dwelling on a lot having a width of 12.8m rather than the required 13.7m; to locate the driveway 0m from the westerly lot line whereas the By-law requires a 0.6m landscaped area between the driveway and the property line; and, to allow a driveway width of 6.7m, which is 52.3% of the lot width rather than the permitted maximum 6.4m, which is 50% of the lot width. The Committee considered the report of the Planning Division June 6, 2017, advising the subject property located at 129 Bloomingdale Road is zoned Residential Three Zone (R-3) in the Zoning By-law 85-1 and designated Low Rise Residential in the Official Plan. The owner is proposing to COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 131 - 3. Submission No.: A 2017-052 (Cont’d) demolish the existing single detached dwelling and replace it with a new single detached dwelling and has requested three variances. The owner is requesting relief from Section 37.2.1 of the Zoning By-law to legalize the existing lot width of 12.8 metres whereas the Zoning By-law requires 13.7 metres. Additionally, the applicant is requesting relief from Section 6.1.1.1b) ii) e) to permit the existing driveway to be located 0 metres from the side lot line, whereas 0.6 metres is required and requesting further relief from Section 6.1.1.1 b) ii) e) of the Zoning By-law to allow a driveway width of 52.3% of the lot width (6.7 metres) rather than the permitted 50% of the lot width (6.4 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 Low Rise Residential in both the City’s 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect; however, a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead, Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as single detached dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is Planning staff’s opinion that the proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variances are appropriate and continue to maintain the low density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. The requested variances meet the intent of the Zoning By-law. The requested variance to legalize the existing lot width of 12.8 metres meets the intent of the Zoning By-law. The intent of minimum lot width is to ensure new lots comply with the minimum lot width of 13.7 metres and are compatible with surrounding lot in the community. The lot is existing and the lot width of 12.8 metres meets the intent of the Zoning By-law. The variance to recognize the location of the existing driveway meets the intent of the Zoning By- law. The intent of the 0.6 metre setback is to provide separation between neighbouring driveways. As this driveway is existing and there are no changes proposed, staff is satisfied the requested variance meets the intent of the Zoning By-law. Furthermore, the requested variance to permit driveway width of 52.3% (6.7m) meets the intent of the By-law. The intent of the regulation is to ensure that the driveway does not dominate the streetscape. The increase of 0.3 metres in width is minor and will continue to meet the intent of the regulation. Staff is satisfied all of the proposed variances meet the intent of the Zoning By-law. The variances can be considered minor as the reduced lot width, increased driveway width and reduced setback off the driveway will not present any significant impacts to adjacent properties and the overall neighbourhood. The purpose of these variances is to legalize existing conditions and allow the driveway to be slightly wider than existing to facilitate redevelopment of a single detached dwelling on the subject lands. As such, the impact of these variances will be negligible. The proposed variances are appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The new 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 June 5, 2017, advising although they have no concerns with this application, they noted future development on these lands may require dedicated road widening of approximately 5.9m. Ms. A. Monteith was in attendance on behalf of the property owner in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 132 - 3. Submission No.: A 2017-052 (Cont’d) That the application of Thomas Schaefer requesting permission to construct a two-storey single detached dwelling on a lot having a width of 12.8m rather than the required 13.7m; to locate the driveway 0m from the westerly lot line whereas the By-law requires a 0.6m landscaped area between the driveway and the property line; and, to allow a driveway width of 6.7m, which is 52.3% of the lot width rather than the permitted maximum 6.4m, which is 50% of the lot width, on Part Lot 71, German Company Tract, 129 Bloomingdale Road North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 4. Submission No.: A 2017-053 Applicant: Jerome Singh Property Location: 334 Erinbrook Drive Legal Description: Lot 75, Plan 1770 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 3.92m rather than the required 7.5m. The Committee considered the report of the Planning Division June 5, 2017, advising the subject property located at 334 Erinbrook Drive is designated Low Rise Residential in the City’s Official Plan and zone Residential Four Zone (R-4) in Zoning By-law 85-1. The owner is proposing to construct a sunroom addition onto the existing single detached dwelling that will extend into the rear yard and as such, is requesting relief from Section 38.2.1 of the Zoning By-law to permit a reduced rear yard setback of 3.92 metres, whereas 7.5 metres is required. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The subject property is designated Low Rise Residential in both the City’s 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect; however, a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead, Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as single detached dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is Planning staff’s opinion that the proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood, COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 133 - 4. Submission No.: A 2017-053 (Cont’d) which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. The requested variance to reduce the rear yard setback from 7.5 metres to 3.92 metres meets the intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide adequate amenity space in the rear yard. The reduction of 3.58 metres from the required 7.5 metres is minor as the proposed sunroom will only occupy a portion of the rear yard and the 3.92 metre rear yard setback will continue to provide sufficient amenity space in the rear yard. The variance is considered minor. The proposed addition will not extend the entire width of the house and there will still be ample amenity space in the rear yard. Staff is of the opinion that the requested variance will provide adequate amenity space and will not negatively affect the adjacent properties or surrounding 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 subject addition and 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 June 5, 2017, advising they have no concerns with this application. Mr. S. Sawatzky was in attendance in support of the subject application and staff recommendation. In response to questions, he advised the deadline of November 1, 2017, as outlined in Condition 1 of the staff report, is sufficient to finalize the condition. Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of Jerome Singh requesting permission to construct a sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 3.92m rather than the required 7.5m, on Lot 75, 1770, 334 Erinbrook Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a Building Permit from the City’s Building Division for the proposed addition by November 1, 2017. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 5. Submission No.: A 2017-054 Applicant: Steffen Lindner Property Location: 97 Oneida Place Legal Description: Lot 51, Plan 1447 Appearances: In Support: S. Sawatzky COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 134 - 5. Submission No.: A 2017-054 (Cont’d) Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for construct a sunroom in the rear of an existing single detached dwelling having a rear yard setback of 6.46m rather than the required 7.5m. The Committee considered the report of the Planning Division June 5, 2017, advising the subject property located at 97 Oneida Place is zoned Residential Three Zone (R-3) in the Zoning By-law 85-1 and designated Low Rise Residential in the Official Plan. The owner is proposing to construct a sunroom addition onto the existing single detached dwelling that will extend into the rear yard. The owner is requesting relief from Section 37.2.1 of the Zoning By-law to reduce the rear yard setback from 7.5 metres to 6.46 metres to allow for the sunroom addition. 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 Low Rise Residential in both the City’s 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect; however, a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead, Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as single detached dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is Planning staff’s opinion that the proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. The requested variance to reduce the rear yard setback from 7.5 metres to 6.46 metres meets the intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide adequate amenity space in the rear yard. The reduction of 1.04 metres from the required 7.5 metres is minor as the proposed 6.46 metre rear yard setback will continue to provide sufficient amenity space in the rear yard. The variance is considered minor. The proposed addition will not extend the entire width of the house and there will still be ample amenity space in the rear yard. Staff is of the opinion that the requested variance will provide adequate amenity space and will not negatively affect the adjacent properties or surrounding 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 subject addition and 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 June 5, 2017, advising they have no concerns with this application. Mr. S. Sawatzky was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of Steffen Lindner requesting permission to construct a sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 6.46m rather than the required 7.5m, on Lot 51, Plan 1447, 97 Oneida Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 135 - 5. Submission No.: A 2017-054 (Cont’d) 1. That the owner shall obtain a Building Permit from the City’s Building Division for the proposed addition by November 1, 2017. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 6. Submission No.: A 2017-055 Applicant: Region of Waterloo Property Location: 828 King Street West Legal Description: Part Lots 309-312, Plan 385, being Parts 2 & 6 and Parts 1 & 5 on Reference Plan 58R-3274 Appearances: In Support: J. von Westerholt Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a Light Rail Transit (LRT) signal hub having a front yard setback of 13.046m whereas the By-law permits a maximum setback of 7.5m; a Floor Space Ratio (FSR) of 0 rather than the minimum required 1; having no façade openings whereas the By-law requires 40% of the façade to have openings every 4m; a primary façade of 4.9% whereas the By-law requires a minimum 50% of the lot width; a façade height of 3.05m whereas a minimum 6m façade height is required; and, to have a 8.1% landscaped area rather than the required 10%. The Committee considered the report of the Planning Division June 13, 2017, advising the Region of Waterloo and GrandLinq have partnered to build Stage 1 of ION. ION is part of a Region-wide transit system that will connect rapid transit with a network of Grand River Transit (GRT) iXpress and local bus routes. Set to begin service in 2017, ION includes 19 kilometres of LRT from the Conestoga Mall transit terminal in Waterloo to the Fairview Park Mall transit terminal in Kitchener. The LRT vehicles will be powered by electricity, which will be distributed with a Traction Electrification System (TES) by the means of Traction Power System (TPS) and the Overhead Contact System (OCS). The TPS consists of the Traction Power Substations (TPSS) and the Traction Power Feeder System (TPFS). There are also other smaller buildings called Signal Houses along the route. These buildings are enclosures which house equipment used to monitor and control the signaling of the LRT system. GrandLinq has requested several minor variances to permit the placement of a Signal House building along the LRT route on a portion of leased land at 826/828 King Street West. Section 5.8 of Zoning By-law 85-1 permits the Signal House building to be located in any zone subject to: the use or building being in compliance with the most restrictive regulations contained in such zone; the parking requirements of Section 6.1 for such use; and, subject to there being no outdoor storage of goods, materials or equipment in any yard abutting a Residential Zone. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 136 - 6. Submission No.: A 2017-055 (Cont’d) GrandLinq, on behalf of the Region of Waterloo, is requesting relief from Section 55.2.1 of the Zoning By-law: • to permit a maximum front yard setback of 13.046 metres whereas a maximum front yard of 7.5 metres is permitted; • to have a Signal House building with no openings whereas 40% of the façade is required to have openings not more than 4.0 metres apart; • to permit a Signal House building with a FSR of 0 whereas a minimum FSR of 1 is required; • to permit a Signal House building with a façade height of 0 metres whereas 6.0 metres minimum is required; • to permit a minimum landscape area of 8.1% whereas a minimum of 10% is required; and, • to permit a Signal House building with a primary floor façade of 0 whereas 50% of the façade abutting a streetline is required. The property is designated as Mixed Use Corridor in the King Street East Secondary Plan and zoned as High Intensity Mixed Use Corridor (MU-3). In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments. The requested variances meet the intent of the Official Plan. The City’s Official Plan supports the development of public transit as an option for all residents. An efficient and effective public transit system is essential for residents who, through choice or necessity, do not have access to an automobile. In addition, an efficient public transit system can reduce the reliance on the automobile which can reduce the need for road capacity expansion, ease traffic congestion and reduce energy consumption and pollution. Public transit is further supported by organizing intensification areas through a new Urban Structure that focuses growth along existing and planned transit corridors. ION will be a new convenient and efficient way to travel throughout the City and the Region. Kitchener is planned to have a population of 313,000 people with 130,000 jobs by 2031. ION will reduce traffic congestion, limit costly road expansions, limit sprawl and attract new employers. It will protect environmentally sensitive areas of our region, reduce greenhouse gas emissions for better air quality, protect ground water supply, and safeguard surrounding farmland. The requested variances are required to facilitate the Signal House buildings, which are required as a functional part of the LRT system. This critical infrastructure is required to have LRT operational, which overall, meets the goals and objections of the current and new Official Plan. The requested variances meet the intent of the Zoning By-law. While considered a building under the Ontario Building Code, the Signal House buildings are only a piece of critical infrastructure that is part of the larger LRT project. The Zoning regulations are meant to apply to buildings that will have useable floor area that accommodate residential, commercial, and employment uses. Due to design considerations, safety regulations, and functional constraints, the design of the prefabricated Signal House buildings cannot be altered. There are also logistical considerations for the placements of the Signal House buildings on each site that have been predetermined by a variety of factors. The requested minor variances are minor. City Planning staff has encouraged locating the Signal House buildings on smaller parcels of publically-owned land where possible, and when located on larger parcels, to locate the Signal House buildings in such a way that the remaining property can accommodate comprehensive redevelopment. The variances are appropriate for the development and use of the land. The implementation and operation of ION rapid transit will influence the development and redevelopment of the central transit corridor. The variances will allow for the necessary infrastructure to be developed to power the ION system. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 5, 2017, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 137 - 6. Submission No.: A 2017-055 (Cont’d) Ms. J. von Westerholt advised that although no one was in attendance this date, the application is on behalf of GrandLinq and the Region of Waterloo for an ION Rapid Transit Signal House. She noted the Committee has previously considered similar applications for Rapid Transit and staff are amenable to proceeding with the application in the applicant’s absence. Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of Region of Waterloo requesting permission to construct a Light Rail Transit (LRT) signal hub having a front yard setback of 13.046m whereas the By-law permits a maximum setback of 7.5m; a Floor Space Ratio (FSR) of 0 rather than the minimum required 1; having no façade openings whereas the By-law requires 40% of the façade to have openings every 4m; a primary façade of 4.9% whereas the By-law requires a minimum 50% of the lot width; a façade height of 3.05m whereas a minimum 6m façade height is required; and, to have a 8.1% landscaped area rather than the required 10%, on Part Lots 309-312, Plan 385, being Parts 2 & 6 and Parts 1 & 5 on Reference Plan 58R-3274, 828 King Street West, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 7. Submission No.: A 2017-056 Applicant: Gheorghe Dascalu Property Location: 166 Radcliffe Drive Legal Description: Lot 383, Plan 1369 Appearances: In Support: G. Dascalu Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a garage on an existing single detached dwelling having a rear yard setback for the garage of 5.6m rather than the required 7.5m. The Committee considered the report of the Planning Division June 14, 2017, advising the subject property is located at the corner of Dunsmere Drive and Radcliffe Drive, near the intersection of Westmount Road East and Block Line Road, in the Laurentian Hills Planning Community. The property contains a 1-storey single detached dwelling. The property is designated Low Rise Residential in the Official Plan and is zoned Residential Three (R-3) in the Zoning By-law. The applicant is proposing to construct an attached garage addition onto the existing single detached dwelling, within the rear yard. To facilitate the addition, the applicant is requesting a variance to allow a minimum rear yard of 5.6 metres, whereas the Zoning By-law requires a minimum rear yard of 7.5 metres. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 138 - 7. Submission No.: A 2017-056 (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 variance meets the intent of the applicable sections of the 1994 Official Plan. Part 3, Section 3.1.2.1. states: In these districts the City favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The predominant land use in the Low Rise Residential District is residential. The proposed garage addition is associated with a low intensity residential land use. Additionally, the variance meets the intent of the applicable sections of the 2014 Official Plan. Section 4.C.1.7. states: The City may require a site plan, elevation drawings, landscaping plans and any other appropriate plans and/or studies, to support and demonstrate that a proposed development or redevelopment is compatible with respect to built form, architectural design, landscaping, screening and/or buffering. These requirements are intended to address the relationship to adjacent residential development, to ensure compatibility with the existing built form and the community character of the established neighbourhood and to minimize adverse impacts. In this case, Planning staff recommends that elevation drawings be submitted as a condition of approval to ensure that the design of the garage is compatible with respect to the built form of the surrounding area. Furthermore, Section 4.C.1.8. of the 2014 Official Plan states: Where…minor variances are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the…minor variances will be reviewed, but not limited to the following to ensure, that: a. Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood…. c. New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape. d. New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e. The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site… Although the proposal does not technically constitute intensification or redevelopment, the above considerations are nonetheless useful for evaluating the addition and associated variance. Planning staff is satisfied that the proposed use and addition are appropriate in terms of mass, scale, and compatibility. The addition is directed to the rear yard and an appropriate buffer is provided to the adjacent property. Furthermore, an appropriate amenity space/landscaped area will continue to exist within the rear yard. Note that the proposal has been reviewed to ensure conformity with the relevant sections of both the 1994 and 2014 Official Plan, since certain sections of the 2014 Official Plan are in effect while others are under appeal. Certain sections of the 1994 Official Plan continue to be relevant and in effect, in instances where the 2014 Official Plan is under appeal. The variance meets the intent of the 1994 and 2014 Official Plans and the Zoning By-law. The variance is minor since it will not create unacceptably adverse impacts on adjacent properties. An adequate buffer will be maintained to the adjacent property to the south, as COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 139 - 7. Submission No.: A 2017-056 (Cont’d) outlined above. The variance is desirable for the appropriate development of the land since it will allow development that is consistent with the character of the surrounding low rise residential neighbourhood. Elevation drawings will be required as an approval condition to ensure consistency. Based on the foregoing, Planning staff recommends that variance be approved, subject to the conditions outlined in the Recommendation section of this report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 5, 2017, advising they have no concerns with this application. Mr. G. Dascalu was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of Gheorghe Dascalu requesting permission to construct a one-story attached garage on an existing single detached dwelling having a rear yard setback for the garage of 5.6m rather than the required 7.5m, on Lot 383, Plan 1369, 166 Radcliffe Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit and obtain approval of elevation drawings for the front and side of the proposed one-storey garage addition from the City’s Director of Planning. 2. That the owner shall obtain a Building Permit for the proposed garage addition from the City’s Building Division. The elevation drawings approved through Condition 1 shall be implemented through said Building Permit process. 3. That Conditions 1 and 2, above, shall be completed prior to June 20, 2018. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 8. Submission No.: A 2017-057 Applicant: 2526186 Ontario Inc. Property Location: 164 Heiman Street Legal Description: Subdivision of Lot 18, Part Lot 66, German Company Tract Appearances: In Support: L. Rowe S. Haisu M. Krause Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 140 - 8. Submission No.: A 2017-057 (Cont’d) The Committee was advised the applicant is requesting permission to construct a multi-residential development having 27 units with a Floor Space Ratio (FSR) of 0.62 rather than the permitted maximum FSR of 0.6; having a rear yard setback of 4.5m rather than the required 7.5m; having the required resident and visitor off-street parking located in the front yard whereas the By-law only permits visitor parking to be located in the front yard; and, to permit 79.3% of the front yard to be used for visitor parking and access to parking whereas the By-law permits a maximum of 50% of the front yard to be used for visitor parking and access to parking. The Committee considered the report of the Planning Division June 14, 2017, advising on November 9, 2016, the Committee of adjustment conditionally approved Application B 2016-116 to sever an irregular “P” shaped parcel from 150-158 Heiman Street and add it as a lot addition to 164 Heiman Street, and Application A 2016-127 to permit a Floor Space Ratio (FSR) of 0.76 for the retained lands (for the existing buildings). Application A 2017-057 is seeking minor variances for the future development parcel that will comprise 164 Heiman Street and the severed lands from 150-158 Heiman Street. Specifically, the following relief is being sought as part of this application: • relief from Section 40.2.6 to permit a maximum FSR of 0.62 whereas 0.6 is permitted; • relief from Section 40.2.6 to permit a minimum rear yard of 4.5 metres whereas 7.5 metres is required; • relief from Section 6.1.1.1.d)i) to permit visitor and required parking within the front yard whereas only visitor parking is permitted; and, • relief from Section 6.1.1.1.d).ii)2 to permit 79.3% of the front yard to be used for visitor parking whereas a maximum of 50% 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. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments: The requested variances meet the intent of the Official Plan. In these districts, the City favours the mixing and integration of different forms of housing to achieve and maintain a low-rise built form. Housing throughout the City is planned to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. In this case, the development parcel was created by consolidating a deep narrow parcel and the severed portion of 150-158 Heiman Street. The requested variances meet the intent of the Zoning By-law. The intent of the FSR is to regulate building mass. In this case, a slight increase in the total building mass will not greatly alter the overall size and appearance of the building. The intent of the parking regulations is to provide an active street edge. In this case, the lot is too narrow to accommodate a built form, so the parking area will be buffered with landscaping. The requested variances are minor. Each of the four variances are minor and the Zoning deficiencies can be adequately addressed through good building design and materials, site layout, and enhanced landscaping. The variances are appropriate for the development and use of the land. The requested variances will allow for the development of the property with a new residential use that is complementary to the surrounding community. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 5, 2017, advising they have no concerns with this application. Messrs. L. Rowe, S. Haisu and M. Krause were in attendance in support of the subject application and staff recommendation. Mr. B. McColl suggested a condition be included as part of the Committee’s approval to require that the applicant provide a landscape buffer abutting Heiman Street. Mr. Haisu advised a tree management plan has been submitted and a landscape plan is underway. Ms. J. von Westerholt COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 141 - 8. Submission No.: A 2017-057 (Cont’d) noted a potential landscape buffer as outlined in the staff report, would be addressed through the Site Plan Approval process. Mr. McColl indicated as per staff’s response, he was satisfied the landscape buffer would be addressed as part of the Site Plan Approval process and withdrew his request. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of 2526186 Ontario Inc. requesting permission to construct a multi- residential development having 27 units with a Floor Space Ratio (FSR) of 0.62 rather than the permitted maximum FSR of 0.6; having a rear yard setback of 4.5m rather than the required 7.5m; having the required resident and visitor off-street parking located in the front yard whereas the By-law only permits visitor parking to be located in the front yard; and, to permit 79.3% of the front yard to be used for visitor parking and access to parking whereas the By-law permits a maximum of 50% of the front yard to be used for visitor parking and access to parking, on Subdivision of Lot 18, Part Lot 66, German Company Tract, 164 Heiman Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 9. Submission No.: A 2017-062 Applicant: Ontrea Inc. and CF/Realty Holdings Inc. Property Location: 200 Fairway Road South Legal Description: Part Lots 10 and 14, Plan 961 and Part Lot 4, Plan 962 - and - Submission No.: A 2017-063 Applicant: Zakmar Holdings Inc. Property Location: 2922 Kingsway Drive Legal Description: Part Lots 6 to 10 and Part Lot 14, Plan 961, being Part 39 on Reference Plan 58R-1539 Appearances: In Support: K. Barisdale Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for an existing commercial retail building to locate parking 0m from the street line abutting Highway 8 and Kingsway Drive rather than the required 3m in three separate locations as per the plan submitted with the application. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 142 - 9. Submission Nos.: A 2017-062 & A 2017-063 (Cont’d) The Committee considered the report of the Planning Division June 12, 2017, advising the subject properties located at 200 Fairway Road South and 2922 Kingsway Drive are designated Mixed Use in the City’s 2014 Official Plan and zoned Regional Shopping Centre Zone (C-5) in Zoning By-law 85-1 with Special Regulation 16R, which restricts the maximum gross leasable commercial space permitted to 72,000 square metres. The lands are developed with an existing 1-storey shopping mall, known as Fairview Park Mall. The owner is requesting relief from Section 6.1.1.1a)iv) to legalize the existing parking setback of 0 metres from Kingsway Drive and Highway 8, whereas a 3 metre setback is required. No changes to these portions of the parking lot are proposed at this time; however, zoning compliance is required to facilitate revisions to the entrance and portion of the parking lot located on Fairway Road South closer to Wilson Avenue. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments: The subject property is designated Mixed Use in the City’s 2014 Official Plan. The 2014 Official Plan Designation is in effect, however the Mixed Use policies from the 2014 Official Plan are entirely under appeal and therefore are not being relied upon for this report. Instead, Mixed Use Node Policy 4.2 from the 1994 Official Plan is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is Planning staff’s opinion that the proposed variance meets the intent of the Official Plan designation, which is intended to serve an inter-neighbourhood function and will allow for intensive, transit-supportive development in a compact form. The full range of commercial uses are permitted, including retail. As both the mall and parking setback are existing, the requested variance to permit a reduced parking setback is appropriate and will result in no changes to the overall site. The proposed variance conforms to the designation and it is further the opinion of staff that the requested variance is appropriate. The requested variance to legalize the existing 0-metre parking setback meets the intent of the Zoning By-law. The intent of the 3-metre setback is to provide visual separation between the property and the street, as well as to provide an area for landscape buffering. Given that the parking lot and the 0-metre setback from Kingsway Drive and Highway 8 are existing, staff is satisfied the requested variance meets the intent of the Zoning By-law. The variances can be considered minor. Given no changes to the parking lot are proposed at this time. the purpose of the application is to recognize the existing parking setback; staff is satisfied the requested variance will not present any significant impacts to adjacent properties or the streetscape that do not already exist. The proposed variances are appropriate for the development and use of the land as the existing use is permitted in the Zoning By-law. No changes are proposed to the scale, massing and height of the existing building. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 5, 2017, advising they have no concerns with this application. Ms. K. Barisdale was in attendance in support of the subject application and staff recommendation. Mr. D. Seller requested a road widening condition be considered in the event there are any changes to the building design. Ms. Barisdale noted if site plan approval is requested, a potential road widening would be taken into consideration at that time. In response, Mr. Seller requested an amendment to Condition 2 to state that variance approval applies to the existing building and/or property as of June 20, 2017. He indicated the proposed amendment would ensure the applicant is subject to a road widening conveyance through subsequent development applications, if required. Submission No.: A 2017-062 Moved by Mr. B. McColl Seconded by Ms. J. McColl COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 143 - 9. Submission Nos.: A 2017-062 & A 2017-063 (Cont’d) That the application of Ontrea Inc. and CF/Realty Holdings Inc. requesting permission to for an existing commercial retail building to locate parking 0m from the street line abutting Highway 8 and Kingsway Drive rather than the required 3m in three separate locations as per the plan submitted with the application, on Part Lots 10 and 14, Plan 961 and Part Lot 4, Plan 962, 200 Fairway Road South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property shall be subject to Site Plan Approval to the satisfaction of the Manager of Site Development and Customer Service. 2. That this approval applies only to the property as it exists on June 20, 2017 and any changes to the site or gross floor area of the existing building(s) and/or property will require additional relief. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No.: A 2017-063 Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of Zakmar Holdings Inc. requesting permission to for an existing commercial retail building to locate parking 0m from the street line abutting Highway 8 and Kingsway Drive rather than the required 3m in three separate locations as per the plan submitted with the application, on Part Lots 6 to 10 and Part Lot 14, Plan 961, being Part 39 on Reference Plan 58R-1539, 2922 Kingsway Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property shall be subject to Site Plan Approval to the satisfaction of the Manager of Site Development and Customer Service. 2. That this approval applies only to the property as it exists on June 20, 2017 and any changes to the site or gross floor area of the existing building(s) and/or property will require additional relief. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 144 - CONSENT APPLICATIONS: 1. Submission No.: B 2017-012 Applicant: Darryl Currie Property Location: 1159 Queen’s Boulevard Legal Description: Part Lot 10, Part 786 Appearances: In Support: D. Currie Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land at the rear of the subject property having a width of 32.76m, a depth of 28.93m and an area of 941.38 sq.m. to be conveyed as a lot addition to the abutting property municipally addressed as 79 Vista Crescent. The retained land municipally addressed as 1159 Queen’s Boulevard will have a width on Queen’s Boulevard of 16.746m, a depth of 51.659m and an area of 851.56 sq.m. Both parcels will continue to be residential. The Committee considered the report of the Planning Division June 6, 2017, advising the subject properties are municipally addressed as 1159 Queens Boulevard and 79 Vista Crescent. The subject properties are designated as Low Rise Residential in the 2014 Official Plan. 1159 Queens Boulevard is zone Residential Five Zone (R-5) and 79 Vista Crescent is zoned Residential Three Zone (R-3) in the Zoning By-law. The subject properties are both currently developed with single detached dwellings. The owner of 1159 Queens Boulevard is requesting consent to allow a portion of their lands to be severed as a lot addition to 79 Vista Crescent. The application proposes to sever a parcel of land from the rear yard of 1159 Queens Boulevard and add it to the abutting rear yard property at 79 Vista Crescent (i.e., lot addition). The proposed parcel of land to be severed has a width of 32.76 metres, a depth of 28.93 metres, and an area of 941.38 square metres. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990. c.P. 13, 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 Three Zone (R-3) and Residential Five Zone (R-5). The proposed severance conforms to the City’s Official Plan and the reconfiguration of the proposed lots can be considered appropriate for the use of the lands. The lots conform to policy 17.E.20.5 of the Official Plan. Both lots reflect the general scale and character of the established development pattern of the surrounding lands. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated June 6, 2017, advising they have no objection to this application. Mr. D. Currie was in attendance in support of the subject application and the staff recommendation. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Darryl Currie requesting permission to sever a parcel of land at the rear of the subject property having a width of 32.76m, a depth of 28.93m and an area of 941.38 sq.m. to be conveyed as a lot addition to the abutting property municipally addressed as 79 Vista Crescent, on Part Lot 10, Part 786, 1159 Queen’s Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 145 - 1. Submission No.: B 2017-012 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 20, 2019. Carried 2. Submission No.: B 2017-013 Applicants: Brian Holze and Tanya Yantz Property Location: 268 Woolwich Street Legal Description: Part Lot 66, German Company Tract, being Part 1 on Reference Plan 58R-17803 Appearances: In Support: C. Baker Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 15.2m, a depth of 61m and an area of 930.6 sq.m. The retained land will have a width of 15.2m, a depth of 61m and an area of 930.9 sq.m. The existing dwelling is intended to be demolished and the parcels are intended for single detached dwellings. The Committee considered the report of the Planning Division June 2, 2017, advising subject property is designated as Low Rise Residential in the 2014 Official Plan and zoned Residential Three Zone (R-3) with Special Regulations 304R, 307R and 634R in the Zoning By-law. The subject property is currently developed with a single detached dwelling. The applicant is proposing to demolish the existing dwelling and is requesting consent to sever the subject property into two lots. The existing development of the neighbourhood consists of a mix of single detached dwellings. Lot sizes vary in width, depth, and area. The applicant is requesting consent to sever the subject property into two lots. The severed lot would have a frontage of 15.2145 metres, a depth of 61.002 metres, and an area of 930.9 square metres to accommodate a single detached dwelling, while the retained lot would have a frontage of 15.2145 metres, a depth of 61.002 metres, and an area of 930.9 square metres to accommodate new single detached dwelling. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 146 - 2. Submission No.: B 2017-013 (Cont’d) 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, 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 Three Zone (R-3) and Special Regulations 304R, 307R and 634R. 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 lots conform to policy 17.E.20.5 of the Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated June 6, 2017, advising they have no objection to this application, subject to the following condition: 1. That, prior to final approval, the applicant enter into a Registered Development agreement with the City of Kitchener to include the following noise warning clause in all offers of purchase/sale, or rental agreements for the residential units on both the severed and retained lots: Purchasers/tenants are advised that sound levels due to increasing road traffic on Woolwich Street may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the City of Kitchener and the Ministry of Environment and Climate Change. Ms. C. Baker was in attendance in support of the subject application and staff recommendation. Mr. B. McColl noted the comments from the Region of Waterloo and requested they be included as part of the Committee’s decision. Ms. J. Meader referenced Condition 9b of the staff recommendation and requested, for clarity, that the condition be amended to reference the implementation of a Tree Preservation Plan. Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of Brian Holtze and Tanya Yantz requesting permission to sever a parcel of land having a width of 15.2m, a depth of 61m and an area of 930.6 sq.m., on Part Lot 66, German Company Tract, being Part 1 on Reference Plan 58R-17803, 268 Woolwich Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication in the amount of $7,012.70, equal to 5% of the value of the lands to be severed. 4. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services (and/or the City of Waterloo if required) for the installation of all new service connections to the severed and/or retained lands. 5. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping and a paved driveway ramp, on the severed lands. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 147 - 2. Submission No.: B 2017-013 (Cont’d) 6. That the owners shall provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owners shall provide Engineering Services staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers. If this is not the case, then the owners would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 8. That the owners 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 owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That the owners shall prepare a Tree Preservation Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. That the owners shall further agree to implement the approved Tree Preservation 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 owners shall enter into a Registered Development agreement with the City of Kitchener to include the following noise warning clause in all offers of purchase/sale, or rental agreements for the residential units on both the severed and retained lots: Purchasers/tenants are advised that sound levels due to increasing road traffic on Woolwich Street may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the City of Kitchener and the Ministry of Environment and Climate Change. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 20, 2019. Carried COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 148 - 3. Submission No.: B 2017-014 Applicant: Arvind and Amarsit Singh Property Location: 33 Second Avenue Legal Description: Lot 27, Plan 254 Appearances: In Support: R. Singh Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 10m, a depth of 40m and an area of 400 sq.m. The retained land will have a width of 10m, a depth of 40m and an area of 400 sq.m. Both parcels of land are intended for single detached dwellings. The Committee considered the report of the Planning Division June 12, 2017, advising the subject property is designated as Low Rise Residential in the City’s Official Plan and zoned as Residential Four Zone (R-4) in the Zoning By-law. The applicant is proposing to sever the existing property into two separate lots that will have frontage onto Second Ave. The existing dwelling is proposed to be removed, and a new single detached dwelling is proposed for each lot. The existing property has a lot width of 20 metres and a depth of 40 meters and an area of 800 m2. The applicant is proposing to sever the lot in half so that each proposed lot will have a width of 10.0 metres and an area of 400 m2. The proposed lot sizes comply with the Zoning By-law. The subject application has been considered under the policies of the City’s 2014 Official Plan. Where policies are under appeal and there is a direct co-relation to policies of the 1994 Official Plan, staff refer to the former policies. The Low Rise Residential designation supports a full range of low density housing types including single detached dwellings. Policies also require that infill development complement existing buildings and contribute to neighbourhood character. Planning staff recommend conditions requiring a site plan as well as building elevations to ensure that the proposed dwellings are compatible with and sympathetic to the setbacks, building height, design, character, and streetscape of the surrounding community. In reviewing the site plan and building elevations, staff will have regard for the direction and recommendations of the Residential Intensification in Established Neighbourhoods Study, as approved by City Council. 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 severed and retained lots comply with the regulations of the Residential Four (R- 4) zone. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and both parcels of land can be serviced with independent and adequate service connections to municipal services. 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. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated June 6, 2017, advising they have no objection to this application, subject to the following conditions: 1. That, prior to final approval, the applicant submits payment to the Region the Consent Application Review Fee of $350.00. 2. That, prior to final approval, the applicant enter into a Registered Development Agreement with the City of Kitchener to include the following conditions in all offers of purchase/sale, or rental agreements for all residential units on both the severed and retained lots: That all units be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 149 - 3. Submission No.: B 2017-014 (Cont’d) Purchasers/tenants are advised that sound levels due to increasing road traffic on Highway 7/8 may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). Ms. R. Singh was in attendance in support of the subject application and the staff recommendation. Ms. J. Meader expressed concerns with Condition 4 as outlined in the staff recommendation. She indicated she had concerns regarding a requirement to submit site plan and elevation drawings as part of the consent approval process. In response, Ms. J. von Westertholt advised that staff had recently completed a Residential Intensification in Established Neighbourhoods Study (RIENS) related to addressing infill projects, and the subject property is located within the RIENS catchment area. She indicated although the recommendations of the Study have not yet been included in the current Zoning By-aw, staff are currently undertaking a Comprehensive Review of the Zoning By-law (CRoZBY) and the intention is to include the RIENS recommendations in the By-law through that process as they are considered good planning principles. The Chair noted he was in support of Condition 4, noting it provides the neighbourhood some assurances that the proposed dwelling would be compatible with other dwellings in the surrounding neighhourhood. He further advised in his opinion, clearing that condition would not be onerous on the applicant. Mr. B. McColl noted the Committee has requested a similar condition in the past and he is of the opinion the Committee must consider compatibility when evaluating applications. He indicated he had no objections to Condition 4 as outlined in the staff report. Ms. Meader brought forward a motion to approve the subject application to include all Conditions as outlined in the staff report, save and except Condition 4, which was not considered as it failed to receive a seconder. Mr. B. McColl brought forward a motion to approve the subject application and staff recommendation as outlined in the staff report, which was seconded by Ms. J. Meader. The following motion was then voted on and Carried, withMs. J. Meader voting in opposition. Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of Arvind and Amarsit Singh requesting permission to sever a parcel of land having a width of 10m, a depth of 40m and an area of 400 sq.m., on Lot 27, Plan 254, 33 Second Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owners shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City’s Director of Planning. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 150 - 3. Submission No.: B 2017-014 (Cont’d) 4. That the owners shall submit a site plan showing the location of the proposed dwellings on both the severed and retained lots, along with elevation drawings, to the satisfaction of the Director of Planning, illustrating that the proposed dwellings will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to the issuance of any Building Permit. 5. That a Demolition Control Application shall be approved for removal of the existing dwelling. 6. That the owners 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 owners 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 owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 9. That any new driveways be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Services Division. 10. That the owners 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. 11. That the owners shall provide Engineering Services staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owners are 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 owners. 12. That the owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel in the amount of $4,600.00. Park Dedication is calculated at the residential rate of 5%, for the severed lands only, with a land valuation calculated by the lineal frontage (10 metres) and a land value of $9,200. per metre of frontage. 13. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That the owners shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and the Director of Operations, 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 (including street trees) to be preserved. b. The owners shall further agree 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 and the Director of Operations. 14. That the owners shall submit payment to the Region the Consent Application Review Fee of $350.00. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 151 - 3. Submission No.: B 2017-014 (Cont’d) 15. That the owners shall enter into a Registered Development Agreement with the City of Kitchener to include the following conditions in all offers of purchase/sale, or rental agreements for all residential units on both the severed and retained lots: That all units be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. Purchasers/tenants are advised that sound levels due to increasing road traffic on Highway 7/8 may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 20, 2019. Carried COMBINED APPLICATIONS: 1. Submission Nos.: B 2017-015, A 2017-058 and A 2017-059 Applicants: Fred and Brenda Reid Property Location: 621 and 623 Guelph Street Legal Description: Lot 3 and Part Lot 4, Registered Plan 671 Appearances: In Support: D. Hanly Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 152 - 1. Submission Nos.: B 2017-015, A 2017-058 & A 2017-059 (Cont’d) land will have a width of 8.534m, a depth of 38.506m and an area of 329.2 sq.m. The retained land will have a width of 8.534m, a depth of 38.506m and an area of 326.8 sq.m. Permission is also being requested to grant an easement having an approximate width of 5m angled over the front yard of 623 Guelph Street in favour of 621 Guelph Street for utility services. The severed land will also require permission to legalize an easterly side yard setback of 2.65m rather than the required 3m. The retained land will require permission to legalize a westerly side yard setback of 2.7m rather than the required 3m. The Committee considered the report of the Planning Division June 12, 2017, advising the subject property is designated Low Rise Residential in the City’s 2014 Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The lands are currently developed with an existing semi-detached house. The existing development of the neighbourhood consists of a mix of single detached dwellings, duplex dwellings, and low rise multiple dwellings. Lot sizes vary in width, depth, and area. The applicant is requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached dwelling unit (B 2017-015). The severed lot would have a lot width of 8.534 metres, a depth ranging between 38.506 and 38.780 metres, and an area of 329.2 square metres. The retained lot would have a lot width of 8.534 metres, a depth ranging between 38.231 and 38.506 metres, and an area of 326.8 square metres. The owner has also requested to create easements over 623 Guelph Street in favour of 621 Guelph Street for the existing gas, water, and sanitary services. In addition, the owner has submitted two minor variance applications: A 2017-058 (retained lot) – requesting relief from Section 38.2.2 to legalize the existing side yard setback of 2.7 metres, whereas 3 metres is required where the driveway is located in the side yard. A 2016-059 (severed lot) – requesting relief from Section 38.2.2 to legalize the existing side yard setback of 2.65 metres, whereas 3 metres is required where the driveway is located in the side yard. Consent Application – B 2017-015: 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 meet the intent of Zoning By-law 85-1. Minor variances to legalize the reduced side yard setbacks for the existing semi-detached dwelling have been requested. Planning staff is of the opinion that the proposal conforms with the regulations of the Residential Four Zone (R-4), subject to approval of the concurrent minor variance applications. The proposed severance conforms to the City’s 2014 Official Plan and the configuration of the proposed lots can be considered appropriate for the use of the lands. The proposed lots conform to policy 17.E.20.5 of the 2014 Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Consent Application B 2017-015, requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached dwelling, be approved, subject to the conditions listed in the Recommendation section of this report. Minor Variance Applications – A 2017-058 and A 2017-059: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments: The subject property is designated Low Rise Residential in both the City’s 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect; however, a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead, Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as semi-detached dwellings is COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 153 - 1. Submission Nos.: B 2017-015, A 2017-058 & A 2017-059 (Cont’d) being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is planning staff’s opinion that the proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The minor change to the side yard setbacks will maintain the low density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variances conform to the designation and it is the further opinion of staff that the requested variance is appropriate. The requested variances to permit a reduced side yard setback of 2.7 metres (retained lands) and 2.65 metres (severed lands), whereas 3 metres is required where the driveway is located in the side yard, meets the intent of the Zoning By-law. The purpose of the minimum 3-metre setback is to ensure there is adequate separationbetween the vehicle and the dwelling to accommodate the vehicle’s door swing. As the semi-detached house and driveways are both existing, staff is satisfied the reductions of 0.3 metres (retained lands) and 0.35 metres (severed lands) meet the intent of the Zoning By-law. The variance can be considered minor as the reduced side yard setbacks will not present any significant impacts to adjacent properties or the overall neighbourhood. The purpose of these variances is to legalize existing conditions in order to facilitate the severance to allow separate ownership of each unit. As such, the impact of these variances will be negligible. The requested variance is appropriate for the development and use of the land. The redevelopment of these properties will be sympathetic to the surrounding area and bring a new context-appropriate unit type to the neighbourhood. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated June 6, 2017, advising they have no objection to Application B 2017- 015, subject to the following condition: 1. That, prior to final approval, the applicant enter into a Registered Development Agreement with the City of Kitchener to include the following conditions in all offers of purchase/sale, or rental agreements for all residential units on both the severed and retained lots: Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of Environment and Climate Change. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 5, 2017, advising they have no concerns with Applications A 2017-058 and A 2017-059. Mr. D. Hanly was in attendance in support of the subject applications and staff recommendations. He requested an amendment be made regarding the minor variance request to legalize the side yard setback located on 623 Guelph Street, being 2.6m rather than 2.65m as indicated in the staff report. The Chair and staff acknowledged the request, stating they had no objection to the proposed amendment. Questions were raised regarding a road widening along the subject portion of Guelph Street. Ms. J. von Westerholt noted the proposed road widening does not impact the front yard setback, as there is a provision in the Zoning By-law that addresses situations where a road widening has been conveyed. In response to further questions, Mr. D. Seller stated the condition related to the conveyance of a road widening would not require a Record of Site Condition; rather, the applicant would be required to complete an Environmental Site Assessment (ESA) Phase 1 and possibly an ESA Phase 2. Ms. J. von Westerholt advised it is a standard condition when requesting a road widening. Mr. B. McColl questioned if the lots could contain duplex dwellings if the severance was approved. Ms. J. von Westerholt indicated that would depend upon what is permitted in the Zoning By-law for that area, noting she could not confirm on this date. She indicated the By-law generally does permit duplexing on semi-detached dwellings. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 154 - 1. Submission Nos.: B 2017-015, A 2017-058 & A 2017-059 (Cont’d) Mr. McColl he noted the Region of Waterloo’s comments regarding a noise warning clause and requested it be included as part of the Committee’s decision. In addition, he noted the comments provided by the City’s Building Division regarding a Building Code Assessment, noting it was requested in an application similar to the subject application and requested it be included in the Committee’s decision. Mr. Hanly advised he had no objections to the proposed condition, noting there is a block wall that separates the units. Submission No.: B 2017-015 Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of Fred and Brenda Reid requesting permission to sever a parcel of land municipally addressed as 623 Guelph Street containing a semi-detached residential development having a width of 8.534m, a depth of 38.506m and an area of 329.2 sq.m.; and, permission to grant an easement having an approximate width of 5m angled over the front yard of 623 Guelph Street in favour of 621 Guelph Street for utility services, on Lot 3 and Part Lot 4, Registered Plan 671, 621 and 623 Guelph Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That Minor Variance Application A 2017-058 receive full and final approval. 4. That Minor Variance Application A 2017-059 receive full and final approval. 5. That the owners of the proposed dominant lands and servient lands, shall enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 6. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 7. That the City Solicitor shall be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. 8. That a draft reference plan showing the proposed easement shall be approved by the City’s Director of Planning and Director of Engineering Services. 9. That the owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services division for the installation of any new service connections to the severed and/or retained lands. 11 That the owner shall retain a qualified Designer, Architect or Engineer to complete a building code assessment as it relates to the new proposed property line and addresses such items as Fire separation between the semi-detached dwellings, including separation within upper attic space. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 155 - 1. Submission Nos.: B 2017-015, A 2017-058 & A 2017-059 (Cont’d) 12. That the owners shall convey to the City of Kitchener, without cost and free of encumbrance, a 2.5 metre road widening along the Guelph Street frontage of the severed lands. 13. That the owners shall enter into a Registered Development Agreement with the City of Kitchener to include the following condition in all offers of purchase/sale, or rental agreements for all residential units on both the severed and retained lots: Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of Environment and Climate Change. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 20, 2019. Carried Submission No.: A 2017-058 Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of Fred and Brenda Reid requesting permission to legalize a westerly side yard setback of 2.7m rather than the required 3m, on Part Lot 4, Registered Plan 671, 621 Guelph 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 156 - 1. Submission Nos.: B 2017-015, A 2017-058 & A 2017-059 (Cont’d) Submission No.: A 2017-059 Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of Fred and Brenda Reid requesting permission to legalize an easterly side yard setback of 2.6m rather than the required 3m, on Lot 3, Registered Plan 671, 623 Guelph 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 2. Submission Nos.: B 2017-016, A 2017-060 and A 2017-061 Applicant: Louise and Robert Williams Property Location: 45 and 47 Lilac Street Legal Description: Lot 13 and Part Lot 14, Registered Plan 935 Appearances: In Support: L. and R. Williams Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a width of 8.28m, a depth of 24.701m and an area of 193.5 sq.m. The retained land will have a width of 8.19m, a depth of 22.196m and an area of 204.3 sq.m. The severed land will also require permission to legalize a front yard setback of 3.52m rather than the required 4.5m; a setback for the front steps of 2.52m rather than the required 3m; a front yard setback for the garage of 4.97m rather than the required 6m; and, a lot area of 193.5 sq.m. rather than the required 235 sq.m. The retained land will also require minor variances to legalize a lot area of 204.3 sq.m rather than the required 235 sq.m.; a front yard setback for the garage of 5.34m rather than the required 6m; a rear yard setback for an existing deck of 3.58m rather than the required 4m; and, a front yard setback for the existing porch of 4.45m rather than the required 4.5m. The Committee considered the report of the Planning Division June 14, 2017, advising the subject property subject property is located on the southwest side of Lilac Street between Ottawa Street South and Sydney Street South, in the Mill-Courtland-Woodside Park Planning Community. The property contains a semi-detached dwelling constructed in approximately 1959. The area contains an eclectic mix of low density residential development, ranging from low-rise apartments, and semi-detached dwellings, to duplexes, and single detached dwellings. The lot fabric in the area is also varied, in terms of lot sizes and shapes. The property is designated Low Density Multiple Residential in the Mill-Courtland-Woodside Park Secondary Plan and is zoned Residential Seven (R-7). COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 157 - 2. Submission Nos.: B 2017-016, A 2017-060 & A 2017-061 (Cont’d) Firstly, the applicant is requesting consent (Application B 2017-016) to create a new lot so as to establish a lot line along the common wall of the semi-detached dwelling and to allow individual ownership of each semi-detached house. The severed lot would have a lot width of approximately 8.3 metres, a depth of 24.7 metres, and an area of 193.5 square metres. The retained lot would have a lot width of approximately 8.2 metres, a depth of 22.2 metres, and an area of 204.3 square metres. Secondly, in order to facilitate the Consent Application, a Minor Variance is required for the severed lot (Application A 2017-060) since the lot and building characteristics do not meet all the applicable zoning regulations. In this regard, the applicant is requesting to allow: a minimum lot area of 193.5 square metres, whereas the Zoning By-law requires 235.0 square metres; a minimum yard for an attached garage of 4.97 metres, whereas the Zoning By-law requires 6.0 metres; steps within the front yard that have a height of more than 0.6 metres to be located within 2.52 metres of the street line, whereas the Zoning By-law requires such steps to set back a minimum of 3.0 metres from the street line; and, a porch with a height of more than 0.6 metres to be located within the required front yard with a setback of 3.52 metres, whereas the Zoning By-law requires such porches to have a minimum front yard of 4.5 metres. Thirdly, in order to facilitate the Consent Application, a Minor Variance is required for the retained lot (Application A 2017-061) since the lot and building characteristics do not meet all the applicable zoning regulations. In this regard, the applicant is requesting to allow: a minimum lot area of 204.3 square metres, whereas the Zoning By-law requires 235.0 square metres; a minimum yard for an attached garage of 5.34 metres, whereas the Zoning By-law requires 6.0 metres; a porch with a height of more than 0.6 metres to be located within the required front yard with a setback of 4.45 metres, whereas the Zoning By-law requires such porches to have a minimum setback of 4.5 metres; and, a deck that exceeds 0.6 metres in height to be set back 3.58 metres from the rear lot line, whereas the Zoning By-law requires such decks to have a minimum rear yard of 4.0 metres. In considering the four tests for Minor Variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The minimum lot area reduction variances (A 2017-060 and A 2017-061) for each resultant lot meet the intent of the Secondary Plan and Zoning By-law, are minor, and are desirable for the appropriate use of the land for the following reasons. The Low Density Multiple Residential designation seeks to recognize existing multiple dwellings and permit the development and integration of higher density multiple residential uses while maintaining the overall low rise characteristics of the neighbourhood. This designation permits semi-detached dwellings. Each resultant lot already accommodates a semi-detached house and all associated on-site facilities, including driveways, required parking spaces, and adequate landscaped areas and amenity areas. These variances will not cause unacceptably adverse impacts on adjacent properties. Also, these requested variances are desirable for the appropriate use of the lands since the lands are already used for a semi-detached dwelling. The front yard setback reduction variance requests related to the garage portions of the houses, steps, and porches for each resultant lot (A 2017-060 and A 2017-061) meet the intent of the Secondary Plan and Zoning By-law, are minor, and are desirable for the appropriate use of the land for the above noted reasons. Additionally, the distance between the front lot line (also known as the ‘street line’) and the traveled portion of the road (i.e., the boulevard) is relatively wide at approximately 5.5 metres. There are no plans by the City to widen Lilac Street, which is classified in the Official Plan as a Local Street, so it is likely that Lilac Street will never be widened. This boulevard width provides additional buffer space between the road and the dwelling and functions, to a degree, as part of the usable front yard, thereby mitigating possible impacts. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 158 - 2. Submission Nos.: B 2017-016, A 2017-060 & A 2017-061 (Cont’d) The variance for the rear yard deck setback meets the intent of the Secondary Plan and Zoning By-law, is minor, and is desirable for the appropriate use of the land for the above noted reasons. Furthermore, the difference between the required and proposed deck setback is sufficiently similar such that an impacts would be imperceptible. Also, the deficiency only applies to an extremely limited portion of the deck, being the south corner of the deck. 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 existing semi-detached houses. Both the severed and retained lots possess frontage on an established public street that provides adequate municipal water, sewage, and storm water services. The dimensions and shapes of the parcels are appropriate. It should be restated that the semi-detached dwelling and lot have existed in their current state for nearly 60 years and that the purpose of the applications is merely to allow separate ownership of each existing semi-detached house. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated June 6, 2017, advising they have no objection to Application B 2017- 016. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 5, 2017, advising they have no concerns with Applications A 2017-060 and A 2017-061. Mr. R. and Mrs. L. Williams were in attendance in support of the subject applications and staff recommendations. Submission No.: B 2017-016 Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of Louise and Robert Williams requesting permission to sever a parcel of land municipally addressed as 45 Lilac Street containing a residential development habing a width of 8.28m, a depth of 24.701m and an area of 193.5 sq.m., on Lot 13 and Part Lot 14, Registered Plan 935, 45 and 47 Lilac Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That Minor Variance Applications A 2017-060 and A 2017-061 shall receive final approval. 4. That the owners shall retain a qualified Designer, Architect or Engineer, to the satisfaction of the City’s Building Division. Said Designer, Architect or Engineer shall complete a building code assessment related to the proposed property line, that shall address items such as, but not limited to, fire separation between the semi-detached houses (including separation with the upper attic space), to the satisfaction of the City’s Building Division. 5. That the owners shall prepare a servicing plan that shows outlets to the municipal servicing system and that confirms that individual services exist to both the severed and retained lots, to the satisfaction of the City’s Engineering Division. COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 159 - 2. Submission Nos.: B 2017-016, A 2017-060 & A 2017-061 (Cont’d) 6. That the owners shall obtain written confirmation from utility providers, including Kitchener-Wilmot Hydro (electrical power service) and Kitchener Utilities (natural gas service, if applicable) confirming that each semi-detached house is independently serviced from the municipal right-of-way or via a registered easement(s). It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 20, 2019. Carried Submission No.: A 2017-060 Moved by Mr. B. McColl Seconded by Ms. J. McColl That the application of Louise and Robert Williams requesting permission to legalize a front yard setback of 3.52m rather than the required 4.5m; a setback for the front steps of 2.52m rather than the required 3m; a front yard setback for the garage of 4.97m rather than the required 6m; and, a lot area of 193.5 sq.m. rather than the required 235 sq.m., on Lot 13 & Part Lot 14, Registered Plan 935, 45 Lilac Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT JUNE 20, 2017 - 160 - 2. Submission Nos.: B 2017-016, A 2017-060 & A 2017-061 (Cont’d) Submission No.: A 2017-061 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of Louise and Robert Williams requesting permission to legalize a lot area of 204.3 sq.m rather than the required 235 sq.m.; a front yard setback for the garage of 5.34m rather than the required 6m; a rear yard setback for an existing deck of 3.58m rather than the required 4m; and, a front yard setback for the existing porch of 4.45m rather than the required 4.5m, on Part Lot 13, Registered Plan 935, 47 Lilac Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried ADJOURNMENT On motion, the meeting adjourned at 11:54 p.m. Dated at the City of Kitchener this 20th day of June, 2017. Dianna Saunderson Secretary-Treasurer Committee of Adjustment