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HomeMy WebLinkAbout2017-10-17 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 17, 2017 MEMBERS PRESENT: Messrs. D. Cybalski, A. Head and B. McColl. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:05 a.m. MINUTES Moved by Mr. A. Head Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment held September 19, 2017, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE: 1. Submission No.: A 2017-100 Applicant: Margaret-Victoria Holdings Inc. Property Location: 64 Margaret Avenue & 217, 225 and 229 Victoria Street North Legal Description: Part Lots 55, 85 to 88, 192 & 199, Plan 374, being Parts 1 & 3 on Reference Plan 58R-2542 Appearances: In Support: P. Chauvin S. Litt L. Robertson Contra: V. Boyle G. Kennery J. Steeves A. Bender V. Van Cappellen A. & J. Wittich A. Borrmann A. Khan D. Papastergiou P. Samuel D. Collie M. Miranda H. Jaeger L. New Written Submissions: V. Boyle D. Papastergiou H. Jaeger L. New R. Regier L. Langwieder A. & J. Wittich COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 258 - 1. Submission No.: A 2017-100 (Cont’d) The Committee was advised the applicant is requesting permission to construct a 17-unit 2.5- story apartment building and a 94-unit 6-storey apartment building having a rear yard setback of 3m rather than the required 7.5m; to permit a maximum building height of 21.6m rather than the permitted maximum building height of 16.5m; a setback of 10.5m abutting Margaret Avenue rather than the required 15m; a southerly side yard setback of 10.7m rather than the required 15m; a northerly side yard setback of 2.4m rather than the required 3m; and, to provide 73 off- street parking spaces (0.97 per/unit) rather than the required 75 off-street parking spaces (1 per/unit). The Committee considered the report of the Planning Division dated October 11, 2017, advising Application A 2017-100 is seeking minor variances for the future redevelopment of this property with two multiple dwelling buildings, one 3-storey building with 22 units fronting onto Margaret Avenue and one 6-storey building with 95 units fronting onto Victoria Street North. Specifically, the following relief is being sought as part of this application: • relief from Section 53.2.1 to permit a rear yard of 3.0 metres whereas a minimum of 7.5 metres is required (adjacent to Ellen Street West properties); • relief from Section 561 of Appendix D to permit a setback of 10.505m from Margaret Avenue whereas a minimum of 15.0 metres is required, and a side yard setback of 2.44m (adjacent to 70 Margaret Avenue) whereas 3.0m is required, and to permit a setback from 54 Margaret Ave of 10.7m whereas 15.0m is required; • relief from Section 561 and 562 of Appendix D to permit a building height of 21.6 metres whereas 16.5 metres is permitted; and, • relief from Section 6.1.2.a to permit 73 off-street parking spaces where as 75 spaces are required. The subject properties are designated as Mixed Use Corridor in the City’s Civic Centre Neighbourhood Secondary Plan (Official Plan) and zoned Low Intensity Mixed Use Corridor Zone (MU-1) with Special Use Provision 167U, Special Regulation Provision 561R (64 Margaret Ave. only) and 562R (217, 225, & 229 Victoria St. N. only). Further time is required to dialogue with interested residents regarding this application, so deferral of these minor variances is recommended. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 3, 2017, advising they have no concerns with this application. The Chair noted staff have requested a deferral to resolve some concerns noted by neighbouring property owners. Messrs. P. Chauvin, S. Litt and L. Robertson, were in attendance in support of the subject application and staff recommendation. Mr. Chauvin noted he has read the staff report and has no objection to the requested deferral. 2. Submission No.: A 2017-098 Applicant: Constantin Penteliuc Property Location: 234 Heiman Street Legal Description: Part 1 on Reference Plan 58R-11048 Appearances: In Support: S. Hasiu Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a 12-unit multi- residential development having a side yard abutting Heiman Street of 3.4m rather than the required 4.5m; to have balconies setback from the street line 2.1m rather than the required 3m; and, to have a Floor Space Ratio (FSR) of 0.74 rather than the permitted maximum FSR of 0.6. COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 259 - 2. Submission No.: A 2017-098 (Cont’d) The Committee considered the report of the Planning Division dated October 4, 2017, advising the subject application is seeking minor variances for the future redevelopment of this property with a 12-unit multiple dwelling. Specifically, the following relief is being sought as part of this application: • relief from Section 40.2.6 to permit a maximum FSR of 0.74 whereas 0.6 is permitted; • relief from Section 40.2.6 to permit a minimum side yard abutting a street of 3.4 metres whereas 4.5 metres is required; and, • relief from Section 5.6A.1 to a balcony with a setback of 2.1 metres from the street whereas 3.0 metres is required. 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. 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 building has been positioned away from the existing residential dwelling to the rear and side, resulting in the need for the balcony and side yard setback abutting the street reduction requests. The angle of the building shape does not exactly mirror the legal property line of the parcel resulting in compliance at the southeast corner of the building and non-compliance at the southwest corner. The requested variances are minor. Each of the three variances are minor and the zoning deficiencies can be adequately addressed through good building design and materials, site layout, and enhanced landscaping. There is separation between the proposed building and the surrounding properties, the design features adjacent on-site amenity and landscape buffers, and the required off-street parking is provided in accordance with the Zoning By-law. 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 October 3, 2017, advising they have no concerns with this application. Mr. S. Hasiu was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Constantin Penteliuc requesting permission to construct a 12-unit multi- residential development having a side yard abutting Heiman Street of 3.4m rather than the required 4.5m; to have balconies setback from the street line 2.1m rather than the required 3m; and, to have a Floor Space Ratio (FSR) of 0.74 rather than the permitted maximum FSR of 0.6, on Part Lot 69, Subdivision of Lot 18, German Company Tract, being Part 1 on Reference Plan 58R-11048, 234 Heiman Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit for the proposed 12-unit multi-residential development. It is the opinion of this Committee that: 1. The variances requested in this application are minor. COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 260 - 2. Submission No.: A 2017-098 (Cont’d) 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. 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 2017-099 Applicant: Ana Trifkovic and Muhurem Mujanovic Property Location: 83 Highbarry Crescent Legal Description: Lot 32, Registered Plan 58M-240 Appearances: In Support: J. Sibenik Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize a single detached dwelling with enclosed porch addition to have a sideyard setback of 3.72m abutting Udvari Crescent rather than the required setback of 4.5m. The Committee considered the report of the Planning Division dated October 3, 2017, advising the subject property is located at 83 Highbarry Crescent and is designated Low Rise Residential in both the 1994 and 2014 Official Plans, and zoned Residential Four Zone (R-4) in Zoning By- law 85-1. The lands currently contain a single detached dwelling, attached garage, and recently enclosed addition and as such, the owner is requesting relief from Section 38.2.1 to legalize the existing side yard abutting the street setback of 3.72 metres (12.20 ft) for the addition, whereas 4.5 metres (14.76 ft) is required. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments. The subject property is designated Low Rise Residential in both the City’s 2014 Official Plan and 1994 Official Plan. Although a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal, it should be noted that certain policies do apply. In this case, both plans are being relied upon to determine whether the subject variance meets the 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 housing forms that achieve an overall low density neighbourhood. Legalizing the existing condition will maintain the low density character of the property and surrounding neighbourhood. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriate. The requested variance to reduce the side yard abutting the street setback from 4.5 metres to 3.72 metres meets the intent of the Zoning By-law. The intent of the 4.5 metre side yard abutting the street setback is to provide separation between the structure and the street. Given that the reduced side yard abutting the street setback of the addition already exists, and that the reduction of 0.78 metres from the required 4.5 metres maintains adequate separation, Staff is satisfied that the reduced side yard abutting the street setback continues to meet the intent of the Zoning By- law. The variance can be considered minor. Given that the purpose of the variance is to legalize the existing side yard abutting the street setback, and no changes are proposed to the building at this time, staff is satisfied the requested variance will not present any significant impacts on adjacent properties or the overall neighbourhood that do not already exist. COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 261 - 3. Submission No.: A 2017-099 (Cont’d) 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 application is to legalize an existing setback; therefore, the proposed variance will not negatively impact the existing character of the subject property or surrounding neighbourhood. 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 October 3, 2017, advising they have no concerns with this application. Mr. J. Sibenik was in attendance in support of the subject application and staff recommendation. He stated the applicants took possession of the dwelling two years ago, and as such, are requesting legalization of an existing condition. He added only the porch footprint was expanded, noting a complimentary gable exists on the built-form that provides relief to the streetscape. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Ana Trifkovic and Muhurem Mujanovic requesting permission to legalize a single detached dwelling with enclosed porch addition to have a sideyard setback of 3.72m abutting Udvari Crescent rather than the required setback of 4.5m, on Lot 32, Registered Plan 58M-240, 83 Highbarry Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit for the addition by December 1, 2017. 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 2017-101 Applicant: Miroslav Orasanin Property Location: 43 Barclay Avenue Legal Description: Part Lots 302 to 306, Plan 230 Appearances: In Support: N. Orsanin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a duplex dwelling on the severed land identified as Parcel ‘B’ (proposed municipal address 52 South Drive) of Consent Application B 2017-009 to have a rear yard setback of 6.5m rather than the required 7.5m. COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 262 - 4. Submission No.: A 2017-101 (Cont’d) The Committee considered the report of the Planning Division dated October 2, 2017, advising the subject property located at 43 Barclay Avenue is zoned Residential Five Zone (R-5) in the Zoning By-law 85-1 and designated Low Rise Residential in the Official Plan. The subject property is a through-lot with frontage on both Barclay Avenue and South Drive. The applicant applied to sever the subject property through Consent application B 2017-009 into two lots on May 5, 2017. The Committee of Adjustment recommended approval with conditions to create a new lot with frontage on South Drive. To date, not all of the consent application conditions have been fulfilled and the subject property remains one lot municipally addressed as 43 Barclay Avenue. The owner intends to develop a new single detached dwelling on the severed lands with frontage on South Drive. To facilitate the development, the owner is requesting relief from Section 39.2.1 of the Zoning By-law to allow a rear yard setback of 6.5 metres rather than the required 7.5 metres for the severed lot identified as parcel “B” on the plans created by MTE Consultants Inc. on severance application B 2017-009. 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 thereforeare 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 6.5 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 metre from the required 7.5 metres is minor, as the proposed 6.5 metre rear yard setback will continue to provide sufficient amenity space in the rear yard. The reduction of the rear yard setback is considered minor. 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 October 3, 2017, advising they have no concerns with this application. Mr. N. Orasanin was in attendance in support of the subject application and staff recommendation. Mr. B. McColl questioned if Consent application B 2017-009 should obtain final approval prior to the subject Minor Variance request being approved. In response, Ms. D. Saunderson noted the situation is similar to a combined application where a Minor Variance application was submitted in conjunction with a Consent application. COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 263 - 4. Submission No.: A 2017-101 (Cont’d) Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Miroslav Orasanin requesting permission to construct a duplex dwelling on the severed land identified as Parcel ‘B’ (proposed municipal address 52 South Drive) in Consent Application B 2017-009 to have a rear yard setback of 6.5m rather than the required 7.5m, on Part Lots 302 to 306, Plan 230, 43 Barclay Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit for the new single detached dwelling by December 30, 2018. 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 5. Submission No.: A 2017-102 Applicant: 1849173 Ontario Inc. Property Location: 2480 Homer Watson Boulevard Legal Description: Part Lots 5, 6 & 8 Biehns Part Unnumbered Tract, Plan 1666, being Parts 1 & 2 on Reference Plan 8400 Appearances: In Support: S. Code Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to develop an existing commercial site currently having two buildings, to add three additional buildings on the subject property and expand one of the existing structures on the subject property having a minimum rear yard setback of 3m rather than the required 7.5m; and, to permit a maximum convenience retail outlet of 280 sq.m. whereas the By-law permits a maximum of 225 sq.m. The Committee considered the report of the Planning Division dated September 29, 2017, advising the subject property is located on the south-east corner of the Homer Watson Boulevard/Conestoga College Boulevard intersection, immediately adjacent to the Highway 401 West on-ramp. The owner is proposing to re-develop an existing under-utilized commercial property by repurposing one existing building with an addition, demolishing one existing building and constructing new commercial buildings including a gas bar, convenience retail store, a fast food restaurant with drive-through facility and a multi-tenant building. The proposed redevelopment of the property requires two minor variances to achieve the desired site layout. The applicant is requesting a minor variance to allow a rear yard setback of 3.0 metres whereas Section 12.2.1 of By-law 85-1 requires a minimum of 7.5 metres and to permit a convenience retail outlet to have a gross leasable commercial space of 280m2 whereas Section 12.2.1 of By- law 85-1 allows a maximum of 225m2. COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 264 - 5. Submission No.: A 2017-102 (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 offer the following comments. The variances meet the intent of the Official Plan for the following reasons. The property is designated ‘Arterial Commercial Corridor’ in the 1994 Official Plan and ‘Commercial’ in the 2014 Official Plan. The Commercial policies in the 2014 Official Plan are under appeal. The Arterial Commercial Corridor designation is intended to provide for a broad range of commercial uses, including free-standing offices. These corridors are predominantly automobile- oriented and are generally located along primary roads. The proposed development is a mixed commercial plaza with office, retail, fast food restaurant with drive-through and gas bar uses, all of which serve the motoring public. The site is located on a primary arterial road immediately adjacent to the Highway 410 on ramp which is appropriate for the types of commercial uses proposed on the site. The variances meet the intent of the Zoning By-law for the following reasons. The property is zoned C-6 – Arterial Commercial Zone which permits all of the proposed uses on site. Staff has worked with the applicant to develop a site plan that achieves good urban design while maintaining the integrity of the Zoning By-law. The reduced rear yard setback of 3.0 metres for a portion of the one new building will still provide an adequate setback from the lot line for building maintenance as well as ample area for landscaping and the minor increase in floor area for the convenience retail store of 280m2 (rather than 225m2) meets the intent of the By-law as the store also serves as the pay kiosk for the gas bar. The variances are minor for the following reasons. The reduced setback will allow for landscaping on site as required in the Urban Design Manual, and the portion of the building with the reduced setback is located adjacent to a parking area on the abutting commercial property which is considered minor. The modest increase in floor area for the convenience retail store is minimal, which is considered minor. The variances are appropriate for the development and use of the land for the following reasons. The proposed commercial plaza has gone through the Site Plan process with staff input on the site layout to best achieve the City’s requirements and guidelines. The two minor variances will not create any undue impact on abutting properties and will provide services to the motoring public. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 3, 2017, advising although they have no concerns with this application, they advised Ministry of Transportation (MTO) authorities should be circulated regarding setbacks from the highway ramps, as deemed appropriate by the City of Kitchener staff. Ms. S. Code was in attendance in support of the subject application and staff recommendation. In response to questions regarding the Region of Waterloo’s comments, she noted the applicant is undergoing the Site Plan approval process and that process will require satisfying any conditions required by the MTO. In response to further questions, Ms. J. von Westerholt noted the applicant will also be required to obtain building permits through the Site Plan approval process, adding the Region of Waterloo/MTO requirements are unknown at this time. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of 1849173 Ontario Inc. requesting permission to re-develop an existing commercial site currently having two buildings, to add three additional buildings on the subject property and expand one of the existing structures on the subject property having a minimum rear yard setback of 3m rather than the required 7.5m; and, to permit a maximum convenience retail outlet of 280 sq.m. whereas the By-law permits a maximum of 225 sq.m., on Part Lots 5, 6 & 8 Biehns Part Unnumbered Tract, Plan 1666, being Parts 1 & 2 on Reference Plan 8400, 2480 Homer Watson Boulevard, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 265 - 5. Submission No.: A 2017-102 (Cont’d) 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 6. Submission No.: A 2017-103 Applicant: Young Ae Jeon Property Location: 256 Victoria Street South Legal Description: Part Lot 51, Registered Plan 179, being Part 2 on Reference Plan 58R-4332 Appearances: In Support: Y. Ae Jeon Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing commercial/residential building to have a 125 sq.m. main floor commercial unit restricted to convenience retail/financial establishment/personal service uses and single residential units on the second and third stories, to have a northerly side yard setback of 1.08m rather than the required 1.2m; a rear yard setback of 0.96m rather than the required 7.5m; to locate the required off-street parking spaces 0m from the street line rather than the required 3m setback; to have 5 off-street parking spaces rather than the required 8 off-street parking spaces; to provide 0 loading zone spaces rather than the required 1 loading zone space; to allow parking spaces to be arranged so that vehicles egress in a reverse motion, whereas the By-law requires parking spaces to be located so vehicles may egress in a forward motion; to allow for no landscape strip adjacent to the street line, whereas the By-law requires a 3m landscape strip to be provided; and, to not require a visual barrier along the lot lines forming part of a boundary between a C-1 Zone and Residential Zone, whereas the By-law requires a visual barrier. The Committee considered the report of the Planning Division dated October 11, 2017, advising the subject property is located at the northeast corner of Strange Street and Victoria Street South. The property contains a building comprised of a vacant convenience retail store on the main floor, one dwelling unit on the second floor, and one dwelling unit on the third floor. The property is currently legal non-complying since all of the parking spaces that exist on site do not comply with the Zoning By-law for various reasons (e.g., all spaces back out onto the street, some spaces hang over the sidewalk, etc.). Furthermore, the property does not comply with a number of other zoning regulations (e.g., the existing building does not meet the side yard and rear yard setback requirements). The subject property is designated Convenience Commercial in the Victoria Street Secondary Plan (of the 1994 Official Plan) and is zoned Convenience Commercial (C-1). The owner is now seeking to legalize the expansion of the main floor commercial space into the attached garage, an increase in floor area of approximately 33 sq.m. (355 sq.ft.). Accordingly, the owner is now requesting the following minor variances in order to allow: a 125 square metre (approx.) main floor commercial unit \[the commercial uses would be limited to: convenience retail (including convenience bakery); financial establishment; and, personal service\], plus one dwelling unit on the second floor, and one dwelling unit on the third floor: 1. to legalize a right side yard of 1.08m, whereas the Zoning By-law requires 1.2m; 2. to legalize a rear yard of 0.96m, whereas the Zoning By-law requires 7.5m; COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 266 - 6. Submission No.: A 2017-103 (Cont’d) 3. to provide 5 parking spaces, whereas the Zoning By-law requires 8 parking spaces (1 space per dwelling unit plus 1 space per 20.0 square metres for the highest proposed intensity commercial use, being convenience retail); 4. to allow all parking spaces to be arranged so that vehicles egress in a reverse motion, whereas the Zoning By-law requires spaces to be arranged so that vehicles egress in a forward motion; 5. to allow all parking spaces to provide a 0m setback to the street line, whereas the Zoning By-law requires 3.0m; 6. to not require a landscape strip to be provided adjacent to each street line, whereas the Zoning By-law requires a 3.0m landscape strip; 7. to provide 0 loading spaces, whereas the Zoning By-law requires 1 loading space; and, 8. to not require a visual barrier along lot lines forming part of a boundary between a C-1 Zone and a Residential Zone, whereas the Zoning By-law requires a visual barrier. Parking and Loading Variances (Variances 3, 4, 5, and 7): Planning staff is satisfied that Variances 3, 4, and 7 meet the intent of the 1994 Official Plan and Zoning By-law, and are minor, for the following reasons: The current parking and loading situation does not meet current City zoning regulations, but is considered legal non-complying. A Minor Variance application is required due to the expansion of the convenience retail store. However, the parking and loading situation will be improved and more functional than the current situation through fulfillment of the proposed conditions outlined. For example: • parking spaces that are currently of a deficient length will be removed; • parking spaces closest to the intersection of Strange Street and Victoria Street will be removed; • the angle and location of parking spaces will be optimized through the provision and implementation of a Site Plan Application; • asphalted areas that do not lead to required parking spaces will be replaced with landscaped area, which will improve the aesthetics of the property from the street, especially near the intersection; and, • the owner will be required to enter into an agreement with the City, to include a provision in all new rental or lease agreements for dwelling units advising tenants that no on-site parking is included or provided for dwelling units. This will reduce the parking demand on the site when tenancy changes occur for the dwelling units. Many of the users of the subject property may utilize alternative forms of transportation, especially since convenience commercial uses are intended to serve the needs of the neighbourhood, not just single-occupancy commuter traffic. For this reason, parking demand at the subject site may be reduced. It is worthwhile to note that the subject property is: • located less than 150m from the PARTS Central Plan boundary area; • located only 2 minutes by bicycle and 7 minutes by walking to the boundary of Downtown Kitchener; • located only 120 metres from the Iron Horse Trail; and, • Served by local GRT bus route #20 and is within 350 metres (5 minute walk) of iXpress Route 200. Also, the subject property achieves the following walkability and transit results based on an analysis produced by walkscore.com: • Walk Score: 73/100 (i.e.,very walkable, most errands can be accomplished on foot). Note: Walk score takes into account proximity/walkability to dining & drinking, grocery, shopping, errands, parks, schools, and culture & entertainment facilities; • Transit Score: 61/100 (i.e., good transit, many nearby public transportation options). Note: Transit score measures how well a location is served by public transit based on the distance and type of nearby transit lines. The only reason a Minor Variance application is required is because of the minor expansion of the convenience retail store into the garage - an increase of only 33 sq.m. (355 sq.ft.). The COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 267 - 6. Submission No.: A 2017-103 (Cont’d) proposed purpose of this space is not as sales area, but rather as a bakery/kitchen for preparation of food to be sold in the convenience store - a use that will generate little or no traffic and that will not significantly intensify the existing use. None of the parking spaces that are proposed are new. The variances simply legalize the most functional existing spaces. Spaces that are least functional will be removed via conditions. It is worthwhile noting that Planning staff has confirmed with By-law Enforcement staff that there have been no parking complaints made related to the subject property. It should be noted that loading for convenience retail stores often occurs with the use of smaller vehicles (e.g., minivans) that may be accommodated within regular parking spaces. Notwithstanding Transportation Services’ concerns with the addition of the above noted conditions, Planning staff is satisfied that Variances 3, 4, 5, and 7 are minor because they will not create unacceptably adverse impacts on adjacent properties and will largely improve the existing situation. Setback Variances (Variances 1 and 2): Planning staff is satisfied that Variances 1 and 2 meet the intent of the 1994 Official Plan and Zoning By-law, and are minor, for the following reasons. The requested variances merely legalize the setbacks for the building that has existed for more than half a century. As aforementioned, the requested variances do not facilitate development, but rather legalize the expansion of the convenience retail use into the existing garage, which has been in place for decades. Planning staff is satisfied that Variances 1 and 2 are minor because they will not create unacceptably adverse impacts on adjacent properties. Landscape Strip and Visual Barrier Variances (Variances 6 and 8): Planning staff is satisfied that Variances 6 and 8 meet the intent of the 1994 Official Plan and Zoning By-law, and are minor, for the following reasons. The property has existed for many decades without a landscape buffer between the street and the parking area. Through the proposed conditions, much of the asphalt area near the intersection will be removed and replaced with landscaped area. This will greatly improve the streetscape appearance and will also remove parking that is least functional. Due to the location of the building on the lot, it is not possible to accommodate parking plus a landscape buffer. At the same time, a landscape buffer is most useful in situations where there is a significant amount of parking between the building and the street (i.e. not the subject situation). The property has existed for many decades without fencing separating the property from the adjacent residential properties to the north and east. Furthermore, the lot line, along which the longest run of fencing would otherwise be located, separates two side yards. This interface does not present adverse privacy impacts. In addition, the lot line, along which the other run of fencing would otherwise be located, is a rear lot line that runs adjacent to a driveway which serves a single detached dwelling. This interface does not present adverse privacy impacts either. ‘Big Picture’ Planning Analysis: The subject property is designated and zoned to allow convenience commercial uses and limited secondary uses. Small convenience commercial properties play an integral role within the City - providing day-to-day, non-comparison shopping needs within residential neighbourhoods. While these properties are vital in achieving complete communities, their existence is threatened. These properties often face a significant dilemma: they do not possess the land area required to meet current zoning regulations, especially modern parking and loading requirements. Many of these properties are vulnerable to decay since they cannot physically adapt to meet changing market needs without parking/loading relief. Without such relief, these properties may decline or become derelict. One ideal scenario for such properties is that they consolidate with adjacent properties, to be comprehensively redeveloped so that parking and other supporting characteristics/facilities meet City standards. Unfortunately, the process of land assembly and comprehensive redevelopment may take decades, and in the meantime, such properties continue to decline. In this case, Planning staff suggests that the requested relief and proposal will act as an interim situation. This interim use will allow the property the opportunity to thrive until such time as the COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 268 - 6. Submission No.: A 2017-103 (Cont’d) above noted redevelopment can occur. The property will provide a mix of uses within an existing building, in an area that is walkable and transit-friendly. The conditions proposed by staff will ensure that the property is made more functional than it is today. For the above noted reasons, all of the requested variances are desirable for the appropriate use of the existing building. Moreover, the variances would fulfill the Convenience Commercial policies of the 1994 Official Plan to allow the property to be used for a retail outlet that would serve the day-to-day, non- comparison shopping needs of the neighbourhood. The variances also meet the intent of the 2014 Official Plan by allowing the integration of housing opportunities with a local store in a manner that is accessible by active transportation and public transit. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory but does not itself list or designate a property under the Ontario Heritage Act. The CHLS was the first step of a three-phased Cultural Heritage Landscape (CHL) conservation process. Although the subject property does not have formal heritage status (not designated or listed on the Municipal Heritage Register), the owner of the property municipally addressed as 256 Victoria Street South is advised that the property is located within the Warehouse District CHL. The owner will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific conservation options. Transportation Services Comments: Transportation Services reviewed this application and it is staff’s opinion that the requested reductions being sought are significant for this location, specifically Variances 3, 4 and 7 from the application. Variance 3 - Transportation Services is concerned that there was no justification submitted in support of a reduced parking rate for this site. If justification is submitted, it will be considered by Transportation Services. Variance 4 - Transportation Services is concerned that vehicles will be reversing out of the property onto Strange Street or Victoria Street South creating safety concerns for pedestrians and motorists. Variance 7 - as there is insufficient room on-site to accommodate the required loading space, Transportation Services is concerned that the loading/unloading will occur along Strange Street or Victoria Street South, creating safety concerns for pedestrians and motorists. Therefore, based on our comments, Transportation Services does not support this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 3, 2017, advising although they have no concerns with this application, they noted any future development application on these lands may require dedicated road widening of 3.048 metres along Victoria Street South frontage; and, a 7.62 metre daylight triangle along the new property lines at the corner of Victoria Street South and Strange Street. Under those future conditions, parking spot #5 as shown on the plan submitted with the application would not be possible and other parking spaces may also be affected. Ms. Y. Ae Jeon was in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt stated the application appears to provide a significant enhancement to the site, noting staff has been working with the applicant to ensure the existing corner store can remain in the downtown area. She indicated imposing a fence requirement could be onerous to the applicant, adding the recommended parking and landscaping conditions should improve the site. Moved by Mr. B. McColl Seconded by Mr. A. Head COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 269 - 6. Submission No.: A 2017-103 (Cont’d) That the application of Young Ae Jeon requesting permission to legalize an existing commercial/residential building to have a 125 sq.m. main floor commercial unit restricted to convenience retail/financial establishment/personal service uses and single residential units on the second and third stories, to have a northerly side yard setback of 1.08m rather than the required 1.2m; a rear yard setback of 0.96m rather than the required 7.5m; to locate the required off-street parking spaces 0m from the street line rather than the required 3m setback; to have 5 off-street parking spaces rather than the required 8 off-street parking spaces (1 space per dwelling unit plus 1 space per 20.0 square metres for the highest proposed intensity commercial use, being convenience retail); to provide 0 loading zone spaces rather than the required 1 loading zone space; to allow parking spaces to be arranged so that vehicles egress in a reverse motion, whereas the By-law requires parking spaces to be located so vehicles may egress in a forward motion; to allow for no landscape strip adjacent to the street line, whereas the By-law requires a 3m landscape strip to be provided; and, to not require a visual barrier along the lot lines forming part of a boundary between a C-1 Zone and Residential Zone, whereas the By-law requires a visual barrier, on Part Lot 51, Registered Plan 179, being Part 2 on Reference Plan 58R-4332, 256 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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, including that: a. all rental or lease agreements for all new rental or lease agreements for dwelling units shall advise tenants that no on-site parking is included or provided for dwelling units; and, b. no seating for convenience retail uses shall be provided. 2. That the owner shall submit Stamp Plan “B” Site Plan Application, or other Site Plan Application at the discretion of Planning staff, to the satisfaction of the City’s Manager of Site Development and Customer Service. The Site Plan shall accomplish the following, among other matters: a. optimize the parking layout of the 5 required parking spaces; b. close off to the street all asphalt areas that do not lead to required parking spaces; and, c. landscape all areas not covered by building area and parking area. 3. That Conditions 1 and 2 above shall be completed prior to October 10, 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 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 OCTOBER 17, 2017 - 270 - CONSENT APPLICATIONS: 1. Submission No.: B 2017-026 Applicant: 2211452 Ontario Inc. Property Location: 397 Greenfield Avenue Legal Description: Part Lot 212, Registered Plan 254 Appearances: In Support: A. Rosu Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 10.1m, a depth of 33.5m and an area of 336.8 sq.m. The retained land will have a width of 10.1m, a depth of 33.5m and an area of 336.8 sq.m. Both parcels are intended for residential development. The Committee considered the report of the Planning Division dated October 6, 2017, advising the subject properties 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 applicant is requesting consent to sever the subject property into two equal-sized lots, each to be developed with a new single detached dwelling. Both the severed and retained lots would have a lot width of 10.1 metres, a depth of 33.48 metres, and an area of 336.8 square metres. The site is currently vacant; however, a building permit for the first single detached dwelling was issued by the City’s Building Department on August 31, 2017. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990. c.P. 13, the uses of both the severed and retained parcels are in conformity with the City’s Official Plan and Zoning By-law 85-1. Planning staff is of the opinion that the proposal conforms with the regulations of the Residential Four Zone (R-4), the proposed severance conforms to the City’s Official Plan, and the configuration of the proposed lots can be considered appropriate for the use of the lands. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated October 6, 2017, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval, the owner submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Mr. A. Rosu was in attendance in support of the subject application and staff recommendation. The Chair noted the condition requested by the Region of Waterloo would be added to the Committee’s Decision. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of 2211452 Ontario Inc. requesting permission to sever a parcel of land having a width of 10.1m, a depth of 33.5m and an area of 336.8 sq.m., on Part Lot 212, Registered Plan 254, 397 Greenfield Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 271 - 1. Submission No.: B 2017-026 (Cont’d) 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication in the amount of $4,646.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 4. The owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 7. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 8. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 10. That the owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner will be required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, all at the Owner’s expense, to the satisfaction of the Director of Engineering Services. 11. That the owner shall ensure any City-owned trees adjacent to the property are protected during construction to the satisfaction of the City’s Operations and Planning Divisions. 12. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 272 - 1. Submission No.: B 2017-026 (Cont’d) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 17, 2019. Carried 2. Submission No.: B 2017-027 Applicant: Shirley Sosnoski Property Location: 1775 Glasgow Street Legal Description: Part Lot 38, German Company Tract, being Part 2 on Reference Plan 58R-6238 Appearances: In Support: T. Sosnoski Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 14.301m, a depth of 98.723m and an area of 978.3 sq.m. to be conveyed as a lot addition to 1767 Glasgow Street. The retained lands will have a width of 40.234m, a depth of 98.723m and an area of 2948.5 sq.m. Both parcels will continue to be used as residential. The Committee considered the report of the Planning Division dated October 2, 2017, advising the owner of 1775 Glasgow Street is proposing to sever a parcel of land measuring 14.3 metre wide by approximately 98 metres long and add it as lot addition to the adjacent property municipally addressed as 1767 Glasgow Street. The retained lot will measure 40 metres of frontage onto Glasgow Street with approximately 101 metres in depth for an area of 2949 squares metres. The subject property contains a single detached dwelling. Surrounding land use consists of detached dwellings with accessory businesses, a hydro utility station and a private school situated on the opposite side of Glasgow Street. The subject property is designated as General Industrial Employment in the City’s 2014 Official Plan, General Industrial in the 1994 Official Plan and is zoned General Industrial (M-2) of By-law 85-1. 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 retained lot will meet the regulations in the Zoning By-law. Moreover, the proposed lot addition to 1776 Glasgow Street will increase both the frontage and size of the lot which will result in a lot that is more consistent and compatible with the surrounding lotting fabric. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan tor the Greater Golden Horseshoe. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated October 6, 2017, advising they have no objection to this application. Mr. T. Sosnoski was in attendance in support of the subject application and staff recommendation. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Shirley Sosnoski requesting permission to sever a parcel of land having a width of 14.301m, a depth of 98.723m and an area of 978.3 sq.m. to be conveyed as a lot addition to 1767 Glasgow Street., on Part Lot 38, German Company Tract, being Part 2 on Reference Plan 58R-6238, 1775 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 273 - 2. Submission No.: B 2017-027 (Cont’d) 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall ensure the lands to be severed be added to the abutting lands (municipally addressed as 1767 Glasgow Street) and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 4. That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an application to consolidate parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered application to consolidate parcels to the City Solicitor following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 17, 2019. Carried 3. Submission Nos.: B 2017-028 to B 2017-031 Applicant: Werner Bromberg Limited Property Location: 28 Postmaster Drive Legal Description: Part Block 444, Registered Plan 58M-579, Part Lot 153, German Company Tract, being Part of Part 2, Reference Plan 58R-18664 Appearances: In Support: M. Gereghty Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever 3 residential lots for street-fronting townhouses and retain 1 lot. All lots will have frontage on Postmaster Drive and will have the following dimensions: COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 274 - 3. Submission Nos.: B 2017-027 to B 2017-031 (Cont’d) B 2017-028 - 22 Postmaster Drive Width - 5.5m, Depth - 26.8m Area - 148.7 sq. m. B 2017-029 - 20 Postmaster Drive Width - 5.5m Depth - 26.8m Area - 148.7 sq. m. Subject to a 0.9m (2.95’) easement across the rear of the property to the benefit of the lots to be created through B 2017-028 & B 2017-030, for rear yard access. B 2017-030 - 18 Postmaster Drive Width - 7.45m Depth - 26.8m Area - 200.26 sq. m. Subject to a 0.9m ‘L’ shaped easement in the southerly side yard and across the rear of the property to the benefit of the lots to be created through B 2017-028 & B 2017-029, for access. B 2017-031 - 24 Postmaster Drive Width - 6.9m Depth - 26.86m Area - 185.4 sq. m. The retained land will have a width on West Oak Trail having an area of 1.33 hectares, which is intended for future residential development. The Committee considered the report of the Planning Division dated October 4, 2017, advising the application is proposing to sever the existing property into four street-fronting townhouse lots with the retained lands being a future multiple block. A building containing four street fronting townhouses addressed as 18, 20, 22, and 24 Postmaster Drive has been given site plan approval and is under construction. Typically, when street-fronting townhouses are developed in new plans of subdivision, such land division takes place through the passing of a Part Lot Control Exemption By-law. However, in this instance, the parcel of land containing the townhouses, is not eligible for Part Lot Control, as it is not a whole lot of block in a plan of subdivision, rather it was created by consolidating two separate parcels. The owner is proposing to sever the lands as follows, and as depicted on the plan attached to the application: B 2017-028 - Severance of a lot with a frontage of 5.537m, depth of 26.860m, area of 148.7m2. B 2017-029 - Severance of a lot with a frontage of 5.537m, depth of 26.860m, area of 148.7m2 and an access easement in favour of Severed Lot 1 which is 0.9m in depth with a length of 5.537m. B 2017-030 - Severance of a lot with a frontage of 6.556m, depth of 26.860m, area of 200.26m2 and an access easement in favour of Severed Lot 1 and Severed Lot 2 which is 0.9m in depth with a length of 7.456 across the rear of the proposed lot, and with a depth of 0.9m and a length of 26.860m along the side of the proposed lot. B 2017-031 - frontage of 6.900m, depth of 26.860m, area of 185.4m2. The retained lands are irregularly shaped with a frontage of 31.595m along Postmaster Drive, with a varying depth of 92.051 to 118.911m and an area of 1.33 ha. The severed lands are designated Low Density Residential Two in the Rosenberg Secondary Plan, and are zoned Residential Six Zone (R-6) 604R, 606R and 612R. Each townhouse unit and proposed lot conforms to the relevant policies and zoning regulations. COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 275 - 3. Submission Nos.: B 2017-027 to B 2017-031 (Cont’d) The retained lands are designated Low Density Residential Two in the Rosenberg Secondary Plan, and are zoned Low Intensity Mixed Use (MU-1) 434U, 70H. The retained lands will be a future multiple dwelling development block which will be subject to site plan approval. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City’s Official Plan and Zoning By-law. The size, dimensions and shapes of the proposed lots is suitable for the use of the lands. The lands front on an established public street, and are serviced with independent and adequate service connections to municipal services. Planning staff is of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan tor the Greater Golden Horseshoe. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated September 11, 2017, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval, the owner submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for B 2017-031. Ms. M. Gereghty was in attendance in support of the subject application and staff recommendation. The Chair noted the condition requested by the Region of Waterloo would be added to the Committee’s decision. Submission No.: B 2017-028 Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Werner Bromberg Limited requesting permission to convey a parcel of land for a townhouse unit, identified as ‘Severed Lot 1’ on the plan submitted with the application, having a width of 5.5m, a depth of 26.8m, and an area of 148.7 sq. m., on Part Block 444, Registered Plan 58M-579, Part Lot 153, German Company Tract, being Part of Part 2, Reference Plan 58R-18664, 22 Postmaster Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property 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. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 276 - 3. Submission Nos.: B 2017-027 to B 2017-031 (Cont’d) Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 17, 2019. Carried Submission No.: B 2017-029 Moved by Seconded by That the application of Werner Bromberg Limited requesting permission to convey a parcel of land for a townhouse unit, identified as ‘Severed Lot 2’ on the plan submitted with the application, having a width of 5.5m, a depth of 26.8m, and an area of 148.7 sq. m., together with a 0.9m easement across the rear of the property to the benefit of the lots to be created through B 2017-028 & B 2017-030, for rear yard access, on Part Block 444, Registered Plan 58M-579, Part Lot 153, German Company Tract, being Part of Parts 3 & 5, Reference Plan 58R-18664, 20 Postmaster Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property 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. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 17, 2019. Carried COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 277 - Submission No.: B 2017-030 Moved by Seconded by That the application of Werner Bromberg Limited requesting permission to convey a parcel of land for a townhouse unit, identified as ‘Severed Lot 3’ on the plan submitted with the application, having a width of 7.45m, a depth of 26.8m and an area of 200.26 sq. m., together with a 0.9m ‘L’ shaped easement in the southerly side yard and across the rear of the property to the benefit of the lots to be created through B 2017-028 & B 2017-029, for access, on Part Block 444, Registered Plan 58M-579, Part Lot 153, German Company Tract, being Part of Parts 4 & 6, Reference Plan 58R-18664, 18 Postmaster Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property 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. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 17, 2019. Carried Submission No.: B 2017-031 Moved by Seconded by That the application of Werner Bromberg Limited requesting permission to convey a parcel of land for a townhouse unit, identified as ‘Severed Lot 4’ on the plan submitted with the application, having a width of 6.9m, a depth of 26.86m and an area of 185.4 sq. m., on Part Block 444, Registered Plan 58M-579, Part Lot 153, German Company Tract, being Part of Part 1, Reference Plan 58R-18664, 24 Postmaster Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. COMMITTEE OF ADJUSTMENT OCTOBER 17, 2017 - 278 - 3. Submission Nos.: B 2017-027 to B 2017-031 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 17, 2019. Carried ADJOURNMENT On motion, the meeting adjourned at 11:01 a.m. Dated at the City of Kitchener this 17th day of October, 2017. Dianna Saunderson Secretary-Treasurer Committee of Adjustment