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HomeMy WebLinkAboutCA - 2017-12-12 - CombinedTHE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w NOTICE OF HEARING Box 1118 ..w, Kitchener ON N2G 4G7 Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594 As amended and Ontario Regulations 197/96 and 200/96, as amended. holly. dyson@kitchener. ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY, December 12, 2017, commencing at 10:00 a.m., in the Conestoga Room, Main Floor, Kitchener City Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may attend this meeting. Copies of written submissions and public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www. itc ener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE — CHAPTERS 680 (SIGNS) & 630 (FENCES) OF THE MUNICIPAL CODE The recommendations of the Committee of Adjustment on Minor Variances to Chapters 680 (Signs) and 630 (Fences) of the Municipal Code will be forwarded to City Council for final approval. SG 2017-018 - 25 Breithaupt Street Permission to install a roof -top sign having a sign area of 23.62 sq.m. rather than the permitted maximum area of 10 sq.m.; to permit one letter on the sign to extend beyond the roof line whereas the By-law does not permit signs to extend beyond the perimeter of the building; and, to allow the proposed support structures for the sign to be fully visible whereas the By-law requires all support structures to be screened. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2017-120 - 356 Arnold Street Permission to convert the existing single detached dwelling into a tradesman or contractor's establishment on a lot having width of 13.911 m rather than the required 15m. A 2017-121 - 519 Morrison Road, Unit 10 Permission to construct a single detached dwelling having a rear yard setback of 6.3m rather than the required 7.5m. A 2017-122 - 2 Valleybrook Drive Permission to construct a single detached dwelling having a driveway located 8.28m from the intersection of Valleybrook Drive and Rivertrail Avenue rather than the required 9m setback. A 2017-123 - 18 Valleybrook Drive Permission to construct a single detached dwelling having a driveway located 7.93m from the intersection of Valleybrook Drive and Crossbridge Avenue rather than the required 9m setback. A 2017-124 - 6 Catalina Court Permission to construct an attached garage in the rear yard of an existing single detached dwelling having a rear yard setback of 5.33m rather than the required 7.5m. A 2017-125 - 45 Highgate Road Permission for an existing duplex to have a driveway width on Highgate Road of 10m rather than the permitted maximum 7.5m. A 2017-126 - 235 Forest Creek Drive (Part Block 8, Registered Plan 58M-505, being Part 57 on Reference Plan 58R-1986) Permission to construct a single detached dwelling having a driveway located 7.5m from the intersection of Forest Creek Drive rather than the required 9m setback. Page 1 of 2 A 2017-127 - 46 Cherry Street Permission to convert an existing duplex into a triplex on a lot having a width of 10.169m rather than the required 15m; a front yard setback of 3.85m rather than the required 4.5m; a northerly side yard setback of 1.46m rather than the required 3m; a southerly side yard setback of 0.09m rather than the required 1.2m; and, a northerly side yard setback for an existing garage of 0.16m rather than the required 0.6m. A 2017-128 - 51 David Street Permission to construct a 6 -storey multi -residential development having a rear yard setback of 4m rather than the required 7.5m; a front yard setback of Om rather than the required 1.5m; a maximum height of 22.1 m within 30m of David Street rather than the maximum permitted height of 13.5m; to provide 20 off-street parking spaces (0.67 per/unit) rather than the required 30 off-street parking spaces (1 per/unit); and, to provide 3 off-street visitor parking spaces (10%) rather than the required 5 off-street visitor parking spaces (15%). B 2017-048 - 427 Old Chicopee Trail Permission to sever a parcel of land having a width of 21.95m, a depth of 43.4m and an area of 928.84 sq.m. The retained land will have a width of 43.62m, a depth of 43.4m and an area of 1825.05 sq.m. Both parcels are intended for residential use. B 2017-049 - 379-389 Queen Street South, 399 Queen Street South and 168 Benton Street Permission to sever a parcel of land below grade having a width of 11.18m, a length of 34.66m, a depth of 4m and an area of 387.5 sq.m. to be conveyed as a lot addition to 399 Queen Street South and 168 Benton Street; and, permission is also being requested to grant an above -ground easement over the lands above the severed lands in favour of 399 Queen Street South and 168 Benton Street for access and maintenance. The proposed severance is intended for the construction of an underground parking facility. The property is subject to Site Plan Approval application SP17/015/Q/GS. For more information on the Site Plan Application please call: 519-741-2426 B 2017-050 & A 2017-129 - 156 & 158 Donald Street Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land municipally addressed as 156 Donald Street will have a width of 8.7m, a depth of 50.6m and an area of 457.5 sq.m. The retained land municipally addressed as 158 Donald Street will have a width of 7.27m, a depth 60.19m and an area of 580.8 sq.m. Permission is also being requested for a minor variance on the retained land to have a lot width of 7.27m rather than the required 7.5m. a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Ontario Municipal Board may dismiss the appeal; if you wish to be notified of a decision you must make written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Ontario Municipal Board hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 24th day of November 2017. Dianna Saunderson Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON NOVEMBER 24, 2017. Page 2 of 2 Staff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12th, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Technical Assistant (Planning and Zoning) — 519-741-2200 ext. 7860 APPLICATION #: SG 2017-018 ADDRESS: 25 Breithaupt Street PROPERTY OWNER: Perimeter Development Corporation on Behalf of 2184647 Ontario Ltd. & Breithaupt Block Incorporated SUMMARIZED RECOMMENDATION: Approve with Conditions DATE OF REPORT: December 1, 2017 Location Map: 25 Breithaupt Street Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca REPORT Planning Comments: City Planning staff conducted a site inspection of the property on November 28th, 2017. The subject property is zoned General Industrial (M-2) with special regulation 36U, in the Zoning By- law. Location of proposed roof sign The applicant is seeking relief from section 680.19.6 of the Sign By-law to construct a roof sign with a sign area of 23.62m2 rather than the maximum area permitted of 10m2. The applicant is also seeking relief from section 680.19.7 of the Sign By-law to construct a roof sign which extends beyond the perimeter of the building and is not screened rather than the sign staying within the perimeter of the building and being screened. The intent of the by-law to permit a rooftop sign to have a maximum of 10m2 is to ensure that rooftop signs don't overshadow the building and negatively impact the surrounding neighbourhood. The proposed sign is larger in size but is appropriate for the development because it is proportionate to the building. A smaller sign would not be as visible to the surrounding area, and would be disproportionate. The large size of the sign does not negatively impact the surrounding neighbourhood as it faces the downtown area, and does not face a residential zone. Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca The intent of the by-law for a roof sign to be within the perimeter of the building and for it to be screened is to ensure the stability of the sign and that it appropriately secured to the building, so there is no liability/safety concerns. The intent of the screening is to hide the support structure making sure that it is not visible to the public. The small portion of the lower case `g', that is beyond the perimeter of the building is high enough that there should be no concern from the lower levels. The design of the sign maintains the clean look and modern feel of the building, therefore no screening is requested. The height of the building will aid in hiding the supporting structure from the ground level. A sign permit will be required, at that time the building division will review all structural details. Proposed design of new roof sign IMPON Based on the above comments, staff is of the opinion that the proposed variance to the sign is minor and meets the general intent of the Sign By-law and is appropriate for the lot and surrounding neighbourhood. Building Comments: The Building Division has no objections to the proposed sign variance. Note that a sign permit will be required for the new sign. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Services: Engineering has no comments or concerns. Heritage Planning Comments: Heritage Planning staff has no concerns with the proposed sign variance. 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. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the property municipally addressed as 25 Breithaupt Street is advised that the property is located within the Warehouse District CHL. The owner and Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CH Ls in the Official Plan and preparing action plans for each CHL with specific conservation options. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. RECOMMENDATION: That minor variance application SG2017-018 requesting permission to install a roof sign area of 23.62m2 rather than the maximum area permitted of 10m2, and for the roof sign to extend beyond the perimeter of the building and not be screened rather than the sign staying within the perimeter of the building and being screened; be approved, 1. That a sign permit is obtained from the Planning Division. 2. That condition 1 shall be completed prior to August 1St, 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. Tim Seyler, BES Technical Assistant (Planning & Zoning) Juliane von Westerholt, BES, MCIP, RPP (Senior Planner) November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority. Holly Dyson From: Mustafa, Shevan <SMustafa@kwhydro.ca> Sent: 04 December, 2017 9:08 AM To: Holly Dyson Subject: Permits Applications Hello Holly, Please see below are the comments for the permit(s): • SG 2017-018: 25 Breigthaupt St. the Sign to be 3 meters (horizontally and vertically) away from the Kitchener - Wilmot Hydro Overhead Line Thank you, Shevan Mustafa, P.Eng Distribution Engineer Kitchener -Wilmot Hydro Inc. 301 Victoria St. South Kitchener, ON N2G 4L2 Phone: (519) 745-4771 EXT. 6399 Fax: (519) 745-0643 Email: x.r�:C.a:x.a...".Icf..yr:.."2 I his emaafl has been Scanned CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system. Staff Report I rTc'.�► t .R Community Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12th, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: April Best-Sararas, Planning Student 519-741-2200 ext. 7074 APPLICATION #: A2017-120 ADDRESS: 356 Arnold Street PROPERTY OWNER: Ronald Henry Schaeffer SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: November 29th, 2017 Location Map: 356 Arnold Street REPORT: Planning Comments: City Planning staff conducted a site inspection of the property on November 28th, 2017. The subject property is located at 356 Arnold Street and is designated General Industrial in the North Ward Secondary Plan, and zoned General Industrial Zone (M-2) in Zoning By-law 85-1. The lands currently contain a single detached dwelling in poor condition, and the applicant is proposing to demolish the existing dwelling and construct a Tradesman or Contactor's Establishment in the future on an existing lot that has deficient lot width. As such, the Owner is requesting relief from Section 20.3.1 to legalize the existing lot width to allow a Tradesman or Contactor's Establishment to be constructed on a lot with a width of 13.91 metres (45.64 ft), whereas 15.0 metres (49.21 ft) is required. The proposed development will be subject to Site Plan Approval under Section 41 of the Planning Act to the satisfaction of the City's Director of Planning. Existing lot and single detached dwelling at 356 Arnold Street In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: The subject property is designated General Industrial in the North Ward Secondary Plan. It is Planning staff's opinion that the proposed variance meets the general intent of the North Ward Secondary Plan policies, which encourages a range of industrial uses including industrial businesses, technical businesses, repair services, and those uses related to the service or repair of motor vehicles. The minor change will increase conformity to the General Industrial designation of the property and surrounding neighbourhood. 2. The requested variance to reduce the minimum lot width from 15.0 metres to 13.91 metres meets the general intent of the Zoning By-law. The intent of the 15.0 metre minimum lot width is to provide larger lots, as well as ensure the lot is large enough to accommodate a sufficient building envelope. Because the lot is an existing lot of record developed with an existing single detached dwelling, Staff is satisfied the reduction of 1.09 metres in lot width is compatible with the neighbourhood and is sufficient for a building envelope. 3. The variance can be considered minor as the reduced lot width will not present any significant impacts to adjacent properties and the overall neighbourhood. The purpose of the variance is to legalize an existing condition in order to facilitate the construction of a Tradesman or Contractor's Establishment in the future. As such, the impact of the variance will be negligible. 4. The proposed variance is appropriate for the development and use of the land as the proposed Tradesman or Contractor's Establishment is a permitted use in the Zoning By- law. Once the development concept is finalized, the plan will be reviewed to ensure all applicable regulations are met; otherwise, a subsequent minor variance application will be required and evaluated accordingly. 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. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed tradesman or contractor's establishment. A separate building permit will also be required for the demolition of the existing single detached dwelling. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Planning Comments: As no new development is proposed, Environmental Planning has no concerns. Heritage Comments: No cultural heritage issues or concerns. Ministry of Transportation Comments: MTO have no objection to the proposed change which will permit a tradesman or contractors establishment on the subject lands. Please be informed that MTO sign permits are required prior to installation. MTO permit applications are available at the following link: httK //www.hcros.mto.gov.on.ca/ RECOMMENDATION: That minor variance application A2017-120 requesting relief from 20.3.1 to legalize the existing lot width of 13.91 metres (45.64 ft), whereas 15.0 metres (49.21 ft) is required, be approved, subject to the following conditions: That the Owner obtains building permits for demolition of the existing single detached dwelling, and construction of a Tradesman or Contractor's Establishment to the satisfaction of the Chief Building Official. 2. That the Owner receives a Demolition Control Permit in accordance with the City's Demolition Control By-law to the satisfaction of the Director of Planning. 3. That a Zoning (Occupancy) Certificate is obtained from the Planning Division for the Tradesman or Contractor's Establishment. Juliane von Westerholt, BES, MCIP, RPP Senior Planner November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority. Holly Dyson From: Morrisey, John (MTO) <John.Morrisey@ontario.ca> Sent: 27 November, 2017 11:10 AM To: Holly Dyson Cc: Pastor, Tracy (MTO); Heathers, Lukas (MTO) Subject: A 2017-120 256 Arnold Street Holly, MTO have no objection to the proposed change which will permit a tradesman or contractors establishment on the subject lands. Please inform the applicant that MTO sign permits are required prior to installation. MTO permit applications are available at the following link: Regards, John Morrisey Corridor Management Planner Corridor Management Section Engineering Office Ministry of Transportation 659 Exeter Road, London, ON N6E 11-3 Telephone 519-873-4597 Fax 519-873-4228 John.morrisey@ontario.ca 1 Staff Report I rTc'.�► t .R Community Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12th, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: April Best-Sararas, Planning Student 519-741-2200 ext. 7074 APPLICATION #: A2017-121 ADDRESS: 519 Morrison Road PROPERTY OWNER: Tanem Developments Limited SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: November 29th, 2017 Location Map: 519 Morrison Road REPORT: Planning Comments: City Planning staff conducted a site inspection of the property on November 28th, 2017. The subject property is located at 519 Morrison Road and is designated Low Rise Residential in both the 1994 and 2014 Official Plans, and zoned Residential Two Zone (R-2) with Special Use Provision 368U, and Special Regulation Provisions 1 R, 468R, and 471 R in Zoning By-law 85-1. Construction of a single detached dwelling, attached garage, and covered deck is occurring, whereby the covered deck will extend into the require rear yard setback. As such, the Owner is requesting relief from Section 36.2.1 to permit a reduced rear yard setback of 6.3 metres (20.67 ft), whereas 7.5 metres (24.61 ft) is required. Construction of the single detached dwelling at 519 Morrison Road In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: The subject property is designated Low Rise Residential in 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 staffs opinion that the proposed variance meets the general intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change will maintain the low density character of the property and surrounding neighbourhood. 2. The requested variance to reduce the rear yard setback from 7.5 metres to 6.3 metres meets the general intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide amenity area in the rear yard and adequate separation between the structure and adjacent properties. The reduction of 1.2 metres from the required 7.5 metres is minor, as the proposed 6.3 metre rear yard setback will continue to provide sufficient amenity space in the rear yard and separation from neighbouring properties. 3. The variance can be considered minor. Staff is of the opinion that the requested variance will continue to provide amenity space in the rear yard and maintain adequate separation between the dwelling and adjacent properties. The requested variance will not present any significant impacts to adjacent properties and the overall neighbourhood, and as such, Staff is of the opinion that the requested variance is minor. 4. 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 dwelling, attached garage, and covered deck 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. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the rear yard roof structure for the single detached dwelling. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Planning Comments: That the Tree Protection Fencing be installed in accordance with the approved Landscape Plan dated October 20, 2017, to the satisfaction of the City's Manager of Design and Development prior to the issuance of any building permits. Heritage 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. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the property municipally addressed as 519 Morrison Road is advised that the property is located within the Sims Estate CHL. The owner and the public 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. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. Consequently, Heritage Planning staff has no concerns with the proposed variance. RECOMMENDATION: That minor variance application A2017-121 requesting relief from Section 36.2.1 to permit a reduced rear yard setback of 6.3 metres (20.67 ft), whereas 7.5 metres (24.61 ft) is required, be approved, subject to the following conditions: 1. That the Tree Protection Fencing be installed in accordance with the approved Landscape Plan dated October 20, 2017, to the satisfaction of the City's Manager of Site Development and Customer Service prior to the issuance of any building permits. 2. That the Owner obtains a building permit for the proposed rear yard roof structure for the single detached dwelling by June 1, 2018. Juliane von Westerholt, BES, MCIP, RPP Senior Planner November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority. Staff Report I rTc'.�►E t .R Community Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 x7157 PREPARED BY: Tim Seyler, Technical Assistant - 519-741-2200 ext. 7860 APPLICATION #: A 2017-122 ADDRESS: 2 Valleybrook Drive PROPERTY OWNER: 2522935 Ontario Inc c/o Fusion Homes SUMMARIZED RECOMMENDATION: Approve DATE OF REPORT: December 1, 2017 REPORT Planning Comments: The subject property located at 2 Valleybrook Dr. is zoned Residential Four Zone (R-4), with special regulation provision 597R. It is designated Low Rise Residential in the Official Plan. The applicant is requesting relief from Section 6.1.1.1.b) iv) of the Zoning By-law to place a driveway 8.28 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. City Planning staff conducted a site inspection of the property on November 29, 2017. 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. 1. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. It should be noted that a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal, however the appealed policies do not affect this report. The Residential designation in the 2014 Official Plan places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance meets the general intent of the Official Plan. 2. The requested variance to place a driveway 8.28 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres meets the general 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. The new distance is adequate in maintaining visibility and therefore meets the intent of the Zoning By-law. 3. The proposed variance for reduction in driveway setback is considered appropriate for the development because visibility concerns are also addressed through the 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. 4. The proposed variance is considered minor as staff is of the opinion that reduction in driveway setback from 9 metres to 8.28 metres is a difference of just 0.72 metres which will maintain the safety and will have no negative impacts to the 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. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: As the proposed reduction would not affect the daylighting triangles, Transportation Services have no concerns with a 0.72 metre reduction from the required 9.0 metre intersection setback to a driveway, to provide an 8.28 metre setback. Engineering Comments: No Concerns. Heritage Planning Comments: No heritage planning concerns. RECOMMENDATION: That application A 2017-122 requesting relief from Section 6.1.1.1.b) iv) of the Zoning By-law to allow a driveway 8.28 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres, be approved. Tim Seyler, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority. Staff Report I rTc'.�►E t .R Community Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 x7157 PREPARED BY: Tim Seyler, Technical Assistant - 519-741-2200 ext. 7860 APPLICATION #: A 2017-123 ADDRESS: 18 Valleybrook Drive PROPERTY OWNER: 2522935 Ontario Inc c/o Fusion Homes SUMMARIZED RECOMMENDATION: Approve DATE OF REPORT: December 1, 2017 REPORT Planning Comments: The subject property located at 18 Valleybrook Dr. is zoned Residential Four Zone (R- 4), with special regulation provision 597R. It is designated Low Rise Residential in the Official Plan. The applicant is requesting relief from Section 6.1.1.1.b)iv) of the Zoning By-law to place a driveway 7.93 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. City Planning staff conducted a site inspection of the property on November 29, 2017. 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. 1. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. It should be noted that a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal, however the appealed policies do not affect this report. The Residential designation in the 2014 Official Plan places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance conforms to the designation and it is the opinion of staff the requested variance meets the general intent of the Official Plan. 2. The requested variance to place a driveway 7.93 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres meets the general 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. The new distance is adequate in maintaining visibility and therefore meets the general intent of the Zoning By-law. 3. The proposed variance for reduction in driveway setback is considered appropriate for the development because visibility concerns are also addressed through the 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. 4. The proposed variance is considered minor as staff is of the opinion that reduction in driveway setback from 9 metres to 7.93 metres is a difference of just 1.07 metres which will maintain the safety of the intersection and will have no negative impacts to the 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. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: As the proposed reduction would not affect the daylighting triangles, Transportation Services have no concerns with a 1.03 metre reduction from the required 9.0 metre intersection setback to a driveway, to provide a 7.93 metre setback. Engineering Comments: No Concerns. Heritage Planning Comments: No heritage planning concerns. RECOMMENDATION: That application A 2017-123 requesting relief from Section 6.1.1.1.b) iv) of the Zoning By-law to allow a driveway 7.93 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres, be approved. Tim Seyler, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 N REVIEW REPORT:_ City of Kitchener Wediv i1r�^ nn 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2763 ext.2307 Fax: (519) 621-4945 E-mail: bbrown@grandriver. ca DATE: November 23, 2017 YOUR FILE: A 2017-123 GRCA FILE: A2017-123 — 18 Valleybrook Drive RE: Application for Minor Variance A 2017-123 18 Valleybrook Drive, Kitchener 2522935 Ontario Inc. c/o Fusion Homes GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above noted minor variance application. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that a small portion of the subject property contains an allowance associated to an off-site water body. Consequently, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. 2. Legislative/Policy Requirements and Implications: Any future development within the regulated area, on the subject property will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. A copy of the GRCA permit application can be downloaded from our website at www. grand river. ca. The proposed driveway is located outside of the area that is regulated by the GRCA. As such, a GRCA permit will not be required for the works proposed in the circulated Site Plan. 3. Plan Review Fees: This application is a 'minor' minor variance application and the applicable plan review fee is $255.00. With a copy of this correspondence, the applicant will be invoiced in the amount of $255.00. Page 1 of 2 We trust this information is of assistance. Should you have any questions or require additional information, please contact Daniel Pina at 519-621-2763 ext. 2231. Yours truly, Beth Brown Supervisor of Resource Planning Grand Diver Conservation Authority BB/dp * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority. cc: 2522935 Ontario Inc. c/o Fusion Homes, 500 Hanlon Creek Boulevard, Guelph, ON N1C OA1 Page 2 of 2 Staff Report I rTc'.�► t .R Community Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12th, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: April Best-Sararas, Planning Student 519-741-2200 ext. 7074 APPLICATION #: A2017-124 ADDRESS: 6 Catalina Court PROPERTY OWNER: Julijan and Olenka Rac SUMMARIZED RECOMMENDATION: Approve with condition DATE OF REPORT: November 29th, 2017 Location Map: 6 Catalina Court REPORT: Planning Comments: City Planning staff conducted a site inspection of the property on November 28th, 2017. The subject property is located at 6 Catalina Court 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, and the applicant is proposing to construct an attached garage to the rear of the dwelling, which will extend into the require rear yard setback. As such, the Owner is requesting relief from Section 38.2.1 to permit a reduced rear yard setback of 5.33 metres (17.47 ft), whereas 7.5 metres (24.61 ft) is required. Existing dwelling and location of proposed attached garage at 6 Catalina Court In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: The subject property is designated Low Rise Residential in 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 staffs opinion that the proposed variance meets the general intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change will maintain the low density character of the property and surrounding neighbourhood. 2. The requested variance to reduce the rear yard setback from 7.5 metres to 5.33 metres meets the general intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide amenity area in the rear yard and adequate separation between the structure and adjacent properties. The reduction of 2.17 metres from the required 7.5 metres is minor, as the proposed 5.33 metre rear yard setback will continue to provide sufficient amenity space in the rear yard and separation from neighbouring properties. 3. The variance can be considered minor. Staff is of the opinion that the requested variance will continue to provide amenity space in the rear yard and maintain adequate separation between the attached garage and adjacent properties. The requested variance will not present any significant impacts to adjacent properties and the overall neighbourhood, and as such, Staff is of the opinion that the requested variance is minor. 4. 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 attached garage 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. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed new attached garage to a single detached dwelling. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Planning Comments: No natural heritage concerns. Heritage Comments: No cultural heritage issues or concerns. RECOMMENDATION: That minor variance application A2017-124 requesting relief from Section 38.2.1 to permit a reduced rear yard setback for an attached garage of 5.33 metres, whereas 7.5 metres is required, be approved, subject to the following condition: 1. That the Owner obtains a building permit for the proposed attached garage by June 1, 2018. Juliane von Westerholt, BES, MCIP, RPP Senior Planner November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority. Staff Report I rTc'.�► t .R Community Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12th, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Technical Assistant - 519-741-2200 ext. 7843 APPLICATION #: A 2017-125 ADDRESS: 45 Highgate Road PROPERTY OWNER: Marica & Jorge Silveira SUMMARIZED RECOMMENDATION: Approve with condition DATE OF REPORT: December 5th, 2017 Location Map: 45 Highgate Road Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca REPORT Planning Comments: The subject property is zoned Residential Four Zone (R-4), and designated Low Rise Residential in the Official Plan. City Planning staff conducted a site inspection of the property on November 23 d, 2017. View of Driveway at 45 Highgate Road The applicant is requesting permission to expand the width of the driveway. The applicant is requesting relief from Section 6.1.1.1 b)ii of the Zoning By-law to allow a driveway width of 10 metres rather than the permitted maximum of 7.5 metres, based on 50% of the width of the lot. 1. The requested variance meets the general intent of the Official Plan. The Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The proposed driveway expansion maintains this intent. 2. The proposed variance meets the general intent of the Zoning By-law. The intent of the regulation that restricts driveway width to 50% of the width of the lot is to preserve neighbourhood aesthetics and ensure that front yards are not dominated by impervious surfaces used for storing automobiles. In this situation, the subject property is a corner lot and the driveway is located along the depth of the property on Highgate Road, rather than the front yard which is located on Udvari Crescent. The requested size of driveway would then encompass only 31% of the property line on which it is located. The front Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca yard located on Udvari Crescent would remain unchanged. The proposed variance therefore meets the general intent of the Zoning By-law. 3. The proposed variance is considered appropriate for the development and use of the lands. The proposed driveway would be located 17 metres from the corner, whereas the minimum distance is 9 metres. Therefore, staff believes the driveway would not have any negative impacts on visibility or street aesthetics. In addition, the proposed driveway is located 5 metres from the closest abutting property, well over the minimum distance of 0.6 metres. Staff believes the proposed driveway will not have a negative impact on neighbouring properties, while simultaneously preserving adequate amenity space in the rear yard for occupants. 4. The variance is considered minor as the requested proposal represents a small increase and is expected to have minimal impacts to the property and 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. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services would support a driveway length of 8.3 metres or less. A driveway length of 10 meters would fit four (4) vehicles which would require a forward motion exit. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No natural heritage concerns. RECOMMENDATION: That minor variance application A2017-125 requesting permission for an existing duplex to have a driveway width on Highgate Road of 10m rather than the permitted maximum of 7.5m be approved, subject to the following condition: 1. That the Owner obtains a curb cutting permit from the Engineering Division by June 30th, 2018. Eric Schneider, BES Technical Assistant Juliane von Westerholt, BES, MCIP, RPP Senior Planner November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority. Staff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: APPLICATION #: ADDRESS: PROPERTY OWNER: SUMMARIZED RECOMMENDATION: DATE OF REPORT: REPORT Committee of Adjustment December 12, 2017 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 A 2017-126 235 Forest Creek Drive (PLAN 58M-505 PARTT BLOCK 8 REGISTERED PLAN 58R-19876 PART 57) Kenmore Homes (Waterloo Region) Inc. Approve December 1, 2017 2 32 256 2 (50 228 V sublettrroPeM 2 64 235 231 220 216 88 2 12 269 273 H4 219 208 215 Location Map: 235 Forest Creek Drive Planning Comments: The subject property located at 235 Forest Creek Drive is designated Low Rise Residential in the City's Official Plan and is zoned Residential Three Zone (R-3) with Special Regulation Provision 464R in the City's Zoning By-law. The subject property is located on a corner lot at the bend on Forest Creek drive and is currently undeveloped. The owner is proposing to reduce the driveway setback from the corner to 7.5 metres to allow flexibility in the design of a future home to be built on the vacant subject property. The owner is requesting relief from section 6.1.1.1 b) iv) of the Zoning By-law for a driveway to be located 7.5 metres from the intersection of the street lines abutting a lot for a single detached dwelling, whereas the By-law requires 9.0 metres. A site visit was conducted November 14, 2017. Present lot at 235 Forest Creek Drive In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding the requested minor variances: 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 variance meets the general intent of the Official Plan. It is planning staffs opinion that the proposed variance meets the general intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance is appropriate and will maintain the low density character of the property and new surrounding neighbourhood. The proposed variance meets the general intent of the Official Plan. 2. The intent of the required 9 metre separation from the driveway to the intersection of the street lines abutting the corner lot is to ensure pedestrian and vehicular safety. It is staffs opinion that the 1.5 metre reduction is minor and will not impact the property or access to the intersection and will therefore not compromise safety to pedestrians or vehicles. Transportation Planning staff has also indicated that they have no concerns with the requested reduction of 9.0 metres to 7.5 metres. Therefore the variance meets the general intent of the Zoning By-law. 3. The variance is considered minor as it is staffs opinion that the proposed 7.5 metre setback from the intersecting street lines allows for sufficient separation from the driveway and as such will not impact access or visibility to the intersection for vehicular and/or pedestrian traffic. 4. The variance is appropriate for the development and use of the land as it is staffs opinion that the requested variance will not impact the subject property, adjacent lands abutting intersection or safety of pedestrian or vehicular traffic. Based on the foregoing, Planning staff recommends that application A2017-126 be approved Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed detached garage. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Comments: As the proposed reduction would not affect the daylighting triangles, Transportation Services have no concerns with a 1.5 metre reduction from the required 9.0 metre intersection setback to a driveway, to provide a 7.5 metre setback. Engineering Comments: No concerns. Environmental Planning Comments: No concerns. RECOMMENDATION That application A 2017-126 requesting relief from section 6.1.1.1 b) iv) of the City of Kitchener Zoning By-law for a driveway to be located 7.5 metres from the intersection of the street lines abutting a lot for a single detached dwelling, rather than the required 9 metres be approved. Craig Dumart, BES Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority. Staff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 APPLICATION #: A2017-127 ADDRESS: 46 Cherry Street PROPERTY OWNER: 2603373 Ontario Inc. SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: December 3, 2017 Subject Property: 46 Cherry Street Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca Report: The new owner is proposing to convert the existing duplex to a triplex. The minor variance application is seeking relief to legalize five existing aspects of the current property as follows; • Relief from Section 39.2.4 to permit the current lot width of 10.169 metres whereas 15.0 metres is required for a multiple dwelling, • Relief from Section 39.2.4 to legalize the existing front yard setback of 3.85 metres whereas 4.5 metres is required, • Relief from Section 39.2.4 to legalize an existing side yard setback of 0.09 metres whereas 1.2 metres is required, • Relief from Section 39.2.4 to legalize an existing side yard setback of 1.46 metres whereas 3.0 metres is required where parking is provided in the rear yard, and • Relief from Section 5.5C to legalize the existing setback of the existing garage of 0.16 metres whereas 0.6 metres is required. Existing Dwelling at 46 Cherry Street A site visit was undertaken on November 21, 2017. Planning Comments: The property is designated as Low Rise Residential in the City of Kitchener Official Plan. Permitted low density residential uses include single detached, semi-detached, duplex, and multiple dwellings. The property is currently zoned as Residential Five (R-5) which permits single detached, semi-detached, duplex, and multiple dwellings (maximum 3 unit multiple dwellings). The property is also within the Residential Intensification in Established Neighbourhoods Study (RI ENS) Area. Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca The owner is proposing to legalize the existing duplex building and obtain permission for a reduced lot width for a multiple dwelling. An existing shared mutual access easement is registered on title of 44 and 46 Cherry Street. 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 requested variances meet the general intent of the Official Plan. The Official Plan provides specific policy direction for infill residential development in established neighbourhoods. In the City's Central Neighbourhoods, the primary focus is to ensure that new infill development is compatible with the existing neighbourhood. Policy 4.C.1.8.e requires that where a minor variance is requested to facilitate residential intensification the impact of the variance must be reviewed to ensure that 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. The requested lot width variance does not impact the possibility of providing rear yard parking as a shared mutual driveway is existing. Adequate landscaping and amenity area can be provided on site and the overall lot area exceeds the zoning requirement. The requested variances meet the general intent of the Zoning By-law. The intent of the increase lot width for multiple dwelling is to ensure that parking and amenity space can be provided. Three parking spaces can be provided in the parking area at the rear of the property. The parking area only occupies a portion of the rear yard, leaving ample space for private amenity and landscaping. Planning staff have received a Site Plan application for this property which is the appropriate tool to implement appropriate development related conditions of approval. The requested variances are minor. Kitchener City Council recently approved the Residential Intensification in Established Neighbourhoods (RIENS) Study. That study identified that character and compatibility are important when considering any new development. Some of the recommendations from the study are currently at various stages of the implementation process. Planning Staff note that the development concept implements may of the preliminary RIENS recommendations, including a shared driveway and rear yard parking. The appearance of the building is not proposed to be amended greatly and the additional unit will be added without many exterior changes. The variances are appropriate for the development and use of the land. The proposed development will be compatible with the built form, massing, and building siting found throughout the neighbourhood. The development proposal accommodates a slight increase in density in an established building. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed third dwelling unit (triplex conversion). Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Staff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca Transportation Comments: Transportation Services have no concerns with the proposed application due to the existing access easement agreement between the two properties. Engineering Comments: No comments or concerns. Heritage Comments: Heritage Planning staff has no concerns with the proposed variance. 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. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the property municipally addressed as 46 Cherry Street is advised that the property is located within the Cherry Hill CHL. The owner and the public 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. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. Environmental Planning Comments: No natural heritage concerns. RECOMMENDATION: I. That Application A2017-127 requesting relief from Section 39.2.4 to permit the current lot width of 10.169 metres whereas 15.0 metres is required for a multiple dwelling, and requesting relief from Section 39.2.4 to legalize the existing front yard setback of 3.85 metres whereas 4.5 metres is required, and requesting relief from Section 39.2.4 to legalize an existing side yard setback of 0.09 metres whereas 1.2 metres is required, and requesting relief from Section39.2.4 to legalize an existing side yard setback of 1.46 metres whereas 3.0 metres is required where parking is provided in the rear yard, and requesting relief from Section 5.5C to legalize the existing setback of the existing garage of 0.16 metres whereas 0.6 metres is required, be approved subject to the following conditions; 1. That Site Plan Application SP17/134/C/TS receive conditional approval. 2. That an application for a Zoning (Occupancy) Certificate is received by the Planning Division. Garett Stevenson, BES, MCIP, RPP Juliane von Westerholt, MCIP, RPP Planner Senior Planner November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority. I rTc:�I t .R Staff Report Community Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: December 11, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner — 519-741-2200 ext. 7869 APPLICATION #: A2017-128 ADDRESS: 51 David St. PROPERTY OWNER: 1841807 Ontario Inc. SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: December 1, 2017 Subject Property: 51 David Street Report: The subject property is located at 51 David Street in the Victoria Park Neighbourhood. Situated on the east side of David Street midblock between Joseph Street and Courtland Avenue West, this vacant parcel measures 0.097 ha in area that once housed two derelict residential dwellings demolished in 2014. Surrounding land use is open space (Victoria Park) to the west and medium to high density multiple residential to the north, south and east. The subject property is designated Mixed Use in the Victoria Park Secondary Plan, zoned High Intensity Mixed Use Staff Report I rTc'.�►E t .R Community Services Department wwwkitchener.ca (MU -3) with Special Use Provision (397U) and Special Regulation Provision (507R) of By-law 85-1. 51 David Street also falls within the Victoria Park Heritage District. The owner is proposing to re -develop the property with a 30 unit, six storey step -backed apartment building as illustrated below. The height of the building adjacent to David Street is three storeys stepping up to four, five and ultimately six storeys approximately one-third of the depth of the lot. Vehicular access is proposed off of David Street leading to an internal stacked automated parking system located on the main level. All parking will be contained within the building. Proposed Building - 51 David St. Site Plan Application SP17/113/D/BB was submitted recently in support of the proposed development. To implement the proposal, several minor variances are required as follows: • Relief from Section 55.2.1 to permit a rear yard setback of 4.0 metres whereas a minimum of 7.5 metres is required:, • Relief from Section 55.2.1 to permit a front yard setback of O.Om from David Street whereas a minimum of 1.5 metres is required; • Relief from Special Regulation Provision 507R to permit a building height of 21.1 metres within 30 metres of David Street whereas 13.5 metres is permitted within 30 metres; • Relief from Section 6.1.2.a to permit a parking ratio of 0.67 spaces per unit instead of 1.0 space per unit; and • Relief from Section 6.1.2.a to permit three visitor spaces instead of the required five. Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca In support of the application request, the applicant has submitted a letter to staff justifying the need for these variances. It also includes a Traffic Demand Management checklist reviewed by Transportation Planning to inform the parking reductions being sought. Planning Comments: 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: 1. Front yard, Rear yard and Height Variances Portions of the new 2014 Official Plan for the City of Kitchener are under appeal. The Victoria Park Secondary Plan is in effect and was not reviewed as part of the new Official Plan. The City will be commencing a secondary plan review in 2018. The subject lands are designated `Mixed Use Corridor' with Special Policy 6. Mixed Use Corridors are linear in form and recognize the evolution of uses along major corridors in the inner city. These corridors are primarily intended to serve the adjacent residential neighbourhoods as employment areas and allow for intensive, transit supportive development. Mixed Use Corridors provide residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Special Policy 6 stipulates that the redevelopment of lands to a depth of 30 metres from the David Street street line shall be limited in height to four storeys. The intent of this policy is to create a density gradient or `bowl effect' overlooking Victoria Park to maintain the low rise form of development fronting the park on all sides, to orient more of the height towards Queen Street and to preserve sight lines to the park from buildings beyond 30 m from the park. The Mixed Use Corridor designation in the Victoria Park Neighbourhood Secondary Plan permits multiple dwellings with a maximum FSR of 4.0. In the opinion of staff the proposed rear yard, front yard and building height variances meet the general intent of the Official Plan. The Mixed Use designation supports the use of a multiple dwelling at a higher intensity of use. The proposed building is stepped in order to direct building height away from David Street and towards Queen Street. As a result, view sheds along David Street and from Victoria Park are maintained thus meeting the intent of Special Policy 6. In addition, a higher level of urban design is being achieved through the design of the site and the proposed architecture of the building. In the opinion of staff, the general intent of the Zoning By-law is being met. The reduction in the front yard setback is a result of a road widening dedication that was conveyed to the City in 2016. This is referred to as a technical variance. The proposed rear yard setback of the proposed building ranges from 5.1 metres to 4.0 metres. This is a result of an angled rear property line. The overall intent of the rear yard setback is to ensure both private amenity space and adequate separation are provided. In the opinion of staff, both of these objectives are being met. Firstly, the development proposal is providing private rear yard amenity spaces for those units located at the rear of the building on the main level. This space will directly back onto an existing amenity space for a seven storey retirement home (Victoria Place) located at 290 Queen Street South. Secondly, the amenity space located at 290 Queen Street South is expansive containing a number of mature trees and vegetation Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca which will maintain privacy and a buffer. Moreover, the distance between the buildings will be approximately 28 metres, which in combination with the existing trees and vegetation, ensures adequate building separation is being achieved and any associated impacts mitigated. Shadow impacts already occur from the residential tower located at the corner of Queen Street and Courtland Avenue. According to Special Regulation Provision 507R, the maximum building height shall be 13.5 metres within 30 metres of the street line of David Street. This special regulation is intended to implement Special Policy 6 of the Victoria Park Secondary Plan. The figure below best illustrates the variance. The dashed area indicates that portion of the building that exceeds the height requirement of 13.5 metres within 30 metres. �.., The variance is required in order to push the building mass towards the rear of the lot and minimize impacts on David Street. The intent of this provision is to conserve the view sheds and heritage attributes of Victoria Park. In the opinion of staff, this has been achieved with the stepped design of the building and applicant's angular plane analysis shown above confirms this. City's Cultural Heritage staff is supportive of the design. The proposed variances for the front and rear yards and building height are considered minor and appropriate for the use of the land. The Mixed Use policies and zoning support the use and density of the proposal under consideration, and the subject property is surrounded by similar medium to higher density residential uses. In the opinion of staff, any impacts associated with these variances have either been mitigated through design or through existing buffers. The proposal has been designed in a manner to limit height along David Street in order to conserve views along David Street and to and from Victoria Park. 2. Parking Variances The applicant is requesting 0.67 parking spaces per unit calculation instead of the required 1.0 space per unit in addition to requesting three visitor spaces instead of a required five spaces. Section 13 of the City's Official Plan is in force and effect and provides direction with respect to parking in the City. Two key objectives are: 0 To ensure adequate parking standards and regulations are in place and enforced; and Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca • To reduce parking space demand in support of active transportation and transit and potential redevelopment of surface parking lots especially in intensification areas The subject property is located just outside of the designated Downtown, but is within walking distance to two major transit facilities and a parking garage owned by the City. The Mixed Use Three (MU -3) zoning of 51 David Street confirms it is located within an area of intensification. The area is well served by higher order transit, walking trails and bicycle lanes. No surface parking is being proposed with this development. As a result, it is the opinion of staff the general intent of the Official Plan is being maintained. The intent of the zoning by-law is to ensure adequate parking exists on site to avoid parking problems or spillover onto nearby City streets. Mixed Use zoning requires 1.0 space per residential unit. In this case, 30 spaces are required and 20 are proposed representing a rate of 0.67 spaces/unit. To support the reduction, the applicant has submitted a TDM checklist dated October 24, 2017. The checklist is used to calculate parking reductions based on providing any number of TDM measures such as the provision of bicycle storage or meeting certain locational criteria. Transportation Planning staff has reviewed the checklist and is satisfied the reduction proposed is justified. At the same time, staff has also reviewed the details for the Klauss stacked parking system submitted by the applicant and are satisfied that the measures outlined in the Visitor Parking Functional Plan dated November 29, 2017 are acceptable. The variance is considered minor and appropriate for the use of land in the opinion of staff. The subject property is located within a mixed use area where intensification is supported and in close proximity to higher order transit and a City -owned parking garage. There is also street parking available along a section of David Street. Staff has no further concerns. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed 6 storey multi -residential development. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Comments: Transportation Services would support the proposed applications subject to agreeing to implement the TDM measures outlined in the TDM Checklist of October 24, 2017 and the details of the Visitor Parking Functional Plan dated November 29, 2017. Engineering Comments: No concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with the proposed minor variances. The subject property is located within the Victoria Park Area Heritage Conservation District (VPAHCD). As such, it is designated under Part V of the Ontario Heritage Act and subject to the policies and guidelines of the VPAHCD Plan. A copy of the District Plan is available online — htt ://www. kitchen er.ca/en/livi ng in itch ener/resources/Heritage plan victoria park. df. As part of the Site Plan application process, a Heritage Impact Assessment (HIA) was required. The HIA was submitted, and was generally favourably received by the Heritage Kitchener Committee in September of 2017. Following the review of the HIA, the applicant applied for a Staff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca Heritage Permit, whereby the design of the development reflected the variances requested in the subject Committee of Adjustment application. The Heritage Permit application will be presented to Heritage Kitchener Committee on December 5th, 2017 and Heritage Planning staff are recommending approval. Subsequently, Heritage Planning staff have no concerns with the proposed variances, and are in support of the proposed development. 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. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the property municipally addressed as 51 David Street is advised that the property is located within the Victoria Park Neighbourhood CHL. The owner and the public 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. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. Environmental Planning Comments: No natural heritage concerns. RECOMMENDATION: That Application A2017-128 seeking relief from: Section 55.2.1 to permit a rear yard setback of 4.0 metres whereas a minimum of 7.5 metres is required; Section 55.2.1 to permit a front yard setback of O.Om from David Street whereas a minimum of 1.5 metres is required; Special Regulation Provision 507R of Appendix D to permit a building height of 21.1 metres within 30 metres of David Street whereas 13.5 metres is permitted within 30 metres; Section 6.1.2.a to permit a parking ratio of 0.67 spaces per unit instead of 1.0 space per unit; and Section 6.1.2.a to permit 3 visitor spaces instead of the required 5 visitor spaces be approved subject to the following condition: 1. That Site Plan Application (SP17113/D/BB) receive full and final approval by December 31, 2018 to the satisfaction of the Manager of Site Development and Customer Service. 2. That the Owner agrees to implement the TDM measures outlined in the TDM Checklist of October 24, 2017 by December 31, 2018 to the satisfaction of the Director of Planning in consultation with the Director of Transportation Planning. 3. That the Owner agrees to implement the details of the Visitor Parking Functional Plan dated November 29, 2017 by December 31, 2018 to the satisfaction of the Director of Transportation Planning. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority. Staff Report I rTc'.�►E t .R Community Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Planner— 519-741-2200 ext. 7668 APPLICATION #: B2017-048 ADDRESS: 427 Old Chicopee Trail PROPERTY OWNER: Maria Kyveris and Greg McNally SUMMARIZED RECOMMENDATION: Approve subject to conditions DATE OF REPORT: December 6, 2017 REPORT: Planning Comments: The subject property is located on the west side of Old Chicopee Trail between Fairway Road North and Daimler Drive, in the Centreville Chicopee Planning Community. The property contains a single detached dwelling constructed in approximately 1960 as well as a 2 -car detached garage. The property is very wide (65.6 metres) compared with other properties along this section of the street. The surrounding neighbourhood contains mainly single detached dwellings. Architectural styles of dwellings along this immediate stretch of Old Chicopee Trail vary widely. Lot areas in the immediate neighbourhood also vary widely, between 600 square metres and 2,313 square metres. The subject property has the largest lot area in the neighbourhood. The subject lot possesses 65.57 metres of frontage on Old Chicopee Trail, a depth ranging between 42.76 metres and 43.69 metres, and an area of 2,753.89 square metres. The property is designated Low Rise Residential in the 2014 Official Plan and zoned Residential Three (R-3). Planning staff visited the property on November 16, 2017. The owner is requesting consent to create a new lot with approximately 21.95 metres of frontage on Old Chicopee Trail, a depth ranging between 43.37 metres and 43.69 metres, and an area of 928.84 square metres. The retained lot would possess 43.82 metres of frontage on Old Chicopee Trail, a depth ranging between 42.76 metres and 43.37 metres, and an area of 1,825.05 square metres. The purpose of the application is to create lot for a single detached dwelling. The retained lot would contain the existing single detached dwelling. 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. Planning staff is of the opinion that that proposed severance conforms to the 1994 and 2014 Official Plans. The severed and retained lots are suitable for the proposed uses. Both lots would possess frontage on established public streets that provide adequate municipal water, sewage, and storm water services. Both severed and retained lots would comply with the Zoning By-law in every respect (subject to fulfillment of the above noted conditions). In addition, the dimensions and shapes of the parcels are appropriate. In order to ensure orderly development and conformity with City policies, staff recommends some site-specific conditions, such as: that a portion of the driveway serving the retained lands be relocated so it is entirely on the retained lands, that the detached garage on the retained lands be demolished, that the driveway on the severed lands be removed or modified to comply with the Zoning By-law, and that a Tree Management Plan be prepared and implemented. Based on the foregoing, planning staff recommends that the application be approved subject to conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for each individual lot — a building permit will be required for this work. Separate building permit(s) will also be required for the demolition of existing detached garage, as well as construction of new unit. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Comments: The official plan notes a road widening along Old Chicopee Trail. A reference plan be submitted noting the conveyance of lands to the city for approximately 0.6 metres along the frontage of the severed portion of lands. Also, a Phase 1 and Phase 2 Environmental Assessment be submitted to the City's Engineering Department for the severed portion. Engineering Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Jason Brute (519-741-2200 ext. 7419). • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work shall to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. • As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as a new development lot will be created. The cash -in -lieu dedication required is $10,097.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (21.950m) at a land value of $9,200 per frontage metre. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan be submitted and approved before a building permit will be issued. Heritage Planning Comments: Heritage Planning staff has no cultural heritage issues or concerns. RECOMMENDATION: That Consent Application B2017-048, requesting consent to create a new lot having an approximate frontage of 21.95 metres on Old Chicopee Trail, a depth ranging between 43.37 metres and 43.69 metres, and a lot area of 928.84 square metres, 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 provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one full size paper copy 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 pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner convey to the City of Kitchener, without cost and free of encumbrance, an approximately 0.6 metre wide road widening along the severed parcel's entire Old Chicopee Trail frontage, to the satisfaction of the City's Transportation Services. In addition, the owner shall submit a Phase 1 and Phase 2 Environmental Assessment to the City's Engineering Services for the road widening on the severed portion. 5. That the owner modify the existing horseshoe driveway that serves the retained lands so that it is located entirely on the retained lands (a small portion encroaches onto the severed lands). 6. That the owner obtain a demolition permit from the City's Building Division and actually demolish the existing detached garage on the severed lands, or relocate the garage, to the satisfaction of the City's Director of Planning. 7. That the owner remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City's Planning Division. Alternatively, if a building permit for new dwelling has been issued for a new dwelling on the severed lands, the owner may be permitted to instead modify the existing driveway and/or hedge on the severed lot to comply with the City's by-laws, including, but not limited to Driveway Visibility Triangle regulations, to the satisfaction of the City's Planning Division. 8. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed lands. 9. That the owner 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, or otherwise receive relief from Engineering Services for this requirement. 10. That the owner prepare a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services, prior to endorsement of the deed for the severed lands. 11. That the owner complete and submit the Development and Reconstruction As - Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City's to Engineering Services, prior to endorsement of the deed for the severed lands. 12. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the owner shall prepare a Tree Preservation / Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning 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) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted, except with the prior approval of the City's Director of Planning. 13. The owner shall make arrangements financial or otherwise for the relocation of any existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP Planner Senior Planner Attachment: • Severance sketch provided with the application form PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Commmity Hanliing 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario NV2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575,-4466 ,rergionof aterloo.ca Carolyn Crozier 575-4757 ext. 3657 File No. D20-20/17 KIT December 6, 2017 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2017-048 to B2017-050 Committee of Adjustment Hearing December 12, 2017 CITY OF KITCHENER B 2017-048 427 Old Chicopee Trail Maria Kyveris & Greg McNally The purpose of the application is to sever a parcel of land and create a new lot for residential development. Regional staff have no objection to the application. :Vill tQOZ �!] 393-411 Queen Street South, 379 and 389 Queen Street South, 168 Benton Polocorp Inc. The purpose of the application is to sever a parcel of land from the subject property and convey it 399 Queen Street South and 168 Benton Street. Water Services The applicant is advised that the subjec static hydraulic grade line of 384 mASL. below 327.8 mASL will require individi service in accordance with Section 13.2.� Specifications for Municipal Services for Document Number: 2576209 t property is located in Kitchener Zone 4 with a Any development with a finished road elevation aal pressure reducing devices on each water t.7 of the Design Guidelines and Supplemental January 2017. Regional staff have no objection to the application. B 2017-050 156 & 158 Donald Street Lydia Anna Vasek & Anna Daniela Vasek The purpose of the application is to sever a parcel of lands so that each half of the semi-detached residential dwelling can be deal with separately. Regional staff have no objection to the application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner cc. Juliane vonWesterholt, City of Kitchener (via email) Brian Bateman, City of Kitchener (via email) Document Number: 2576209 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority. Staff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 APPLICATION #: B2017-049 ADDRESS: 379-389 &393-411 Queen St. S. & 168, 170-172, 176 & 180 Benton St. PROPERTY OWNER: Polocorp Inc. & Barra On Queen Inc. SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: December 3, 2017 Subject Properties Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca Background On November 21, 2017, the Committee of Adjustment approved Severance application 62017- 033 to sever lands addressed as 399 Queen Street South (which had merged with 168 Benton Street) from lands addressed as 379-389 Queen Street South, and to add the severed lands with 170-172, 176, and 180 Benton Street. Report: This application is proposing a below grade severance of a portion of 379-389 Queen Street South to be consolidated with lands addressed as 399 Queen Street South & 168, 170-172, 176 & 180 Benton Street for the purpose of an underground parking structure. The application also proposes an easement over the below grade severed lands in favour 399 Queen Street South & 168, 170-172, 176 & 180 Benton Street for the purpose of access and maintenance of the underground parking structure on the retained lands. The proposed severed lands are approximately 11.18 metres wide with a depth of 34.66 metres deep and a total area of 3214 square metres. The area of the easement is 11.78 metres wide with a depth of 37.16 metres and an area of 437.76 square metres. Planning Comments: The subject lands are within the Mill Courtland -Woodside Park Secondary Plan and are designated as Mixed Use Corridor, Open Space, and Medium Density Commercial Residential. Multiple dwellings are a permitted use with a maximum Floor Space Ratio of 2.0. The lands are within the plan boundary of the PARTS Central Plan which was approved on May 16, 2016 by Kitchener City Council. The portion of the property along Queen Street South is shown as Low Density Mixed Use and the portion along Benton Street is Low Rise Residential. The adjacent lands (399 Queen Street South & 168, 170-172, 176 & 180 Benton Street) have been comprehensively planned to be redeveloped with a multiple dwelling building. The severed lands are below grade and will accommodate additional parking for the proposed redevelopment. The severed and retained lands are zoned as Mixed -Use Corridor (MU -1) with Special Regulation Provision 517R. 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 proposed severance and lot additions 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 onto two established public streets, and both the severed and retained lands can be adequately serviced with connections to municipal services. Planning staff is of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: A strata plan (elevation plan) showing where the below grade property line is located and the proposed easements for access and maintenance will be required to the satisfaction of the Engineering Division prior to severance approval. Operations Comments: Park land dedication will not be required on the severed parcel, as no new development lot will be created as a result of the severance. Heritage Comments: Given that the proposed consent application is to create joint access and maintenance easements, Heritage Planning staff has no concerns with the subject application. 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. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the properties is advised that the properties are located within the Victoria Park Neighbourhood CHL. The owner and public 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. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. In addition, the subject properties are located within the Victoria Park Area Heritage Conservation District (VPAHCD). As such, they are designated under Part V of the Ontario Heritage Act and subject to the policies and guidelines of the VPAHCD Plan. A copy of the District Plan is available online — http://www.kitchener.ca/en/Iivinginkitchener/resources/Heritage_pIan_victoria_park.Pdf. Note that the subject properties are located within the Mill Courtland Woodside Park Secondary Plan. The City will be commencing a secondary plan review in 2018. The land use and zoning of the properties are subject to change. For more information, please contact Lauren Nelson by phone (519-741-2200 ext. 7072) or by email (lauren.nelson@kitchener.ca). Staff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca Environmental Planning Comments: Environmental Planning Staff has no comments on the proposed application. Tree management and storm water management issues are addressed as part of the site plan approval process. RECOMMENDATION: That application and Application B2017-049 requesting a below grade severance of lands that are approximately 11.18 metres wide with a depth of 34.66 metres deep and a total area of 3214 square metres, and requesting an easement that is 11.78 metres wide with a depth of 37.16 metres and an area of 437.76 square metres, be approved subject to the following conditions; 1. That the Owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 3. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 4. 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. 5. That the Owner prepare a strata plan (elevation plan) showing where the below grade property line is located and the proposed easements for access and maintenance, to the satisfaction of the Director of Engineering Division and the Director of Planning. 6. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor: Staff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca a. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity. Garett Stevenson, BES, MCIP, RPP Planner Juliane von Westerholt, MCIP, RPP Senior Planner PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Commmity Hanliing 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario NV2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575,-4466 ,rergionof aterloo.ca Carolyn Crozier 575-4757 ext. 3657 File No. D20-20/17 KIT December 6, 2017 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2017-048 to B2017-050 Committee of Adjustment Hearing December 12, 2017 CITY OF KITCHENER B 2017-048 427 Old Chicopee Trail Maria Kyveris & Greg McNally The purpose of the application is to sever a parcel of land and create a new lot for residential development. Regional staff have no objection to the application. :Vill tQOZ �!] 393-411 Queen Street South, 379 and 389 Queen Street South, 168 Benton Polocorp Inc. The purpose of the application is to sever a parcel of land from the subject property and convey it 399 Queen Street South and 168 Benton Street. Water Services The applicant is advised that the subjec static hydraulic grade line of 384 mASL. below 327.8 mASL will require individi service in accordance with Section 13.2.� Specifications for Municipal Services for Document Number: 2576209 t property is located in Kitchener Zone 4 with a Any development with a finished road elevation aal pressure reducing devices on each water t.7 of the Design Guidelines and Supplemental January 2017. Regional staff have no objection to the application. B 2017-050 156 & 158 Donald Street Lydia Anna Vasek & Anna Daniela Vasek The purpose of the application is to sever a parcel of lands so that each half of the semi-detached residential dwelling can be deal with separately. Regional staff have no objection to the application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner cc. Juliane vonWesterholt, City of Kitchener (via email) Brian Bateman, City of Kitchener (via email) Document Number: 2576209 Grand River Conservation Authority Resource Management Division Beth Brown Supervisor of Resource Planning REPORT: City of Kitchener DATE: YOUR FILE: November 23, 2017 B2017-049 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2307 Fax: (519) 621-4945 E-mail: bbrown@grand river. ca GRCA FILE: B2017-049 — 393-411 Queen St S RE: Application for Consent B 2017-049 393-411 Queen Street South, City of Kitchener Polocorp Inc. GRCA COMMENT*: Information currently available at this office indicates that the subject property does not contain features regulated by the Grand River Conservation Authority (GRCA). As such, we have no objection to -the above noted consent application. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the property located at 393-411 Queen Street South does not contain regulated features by the GRCA. 2. Legislative/Policy Requirements and Implications We have previously provided comments regarding the above noted property and proposed severance via Consent Application B2017-033. At the time we noted that the applicant was proposing to sever a below grade portion of 379-389 Queen Street South to accommodate a proposed below -ground parking structure. We have no objection to this proposed severance, as this portion of the underground parking is outside of the floodplain and we will ensure the entrance to the parking garage located in the flood fringe on 393-411 Queen Street South meets policy requirements through the site plan and GRCA permitting process. 3. Plan Review Fees We will not charge an additional plan review fee for the severance application. th Brown Supervisor of Resource Planning Grand River Conservation Authority BB/dp Page 1 of 2 * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Page 2 of 2 Staff Repwrt T Tc I t R Community Services Department www:krtchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Catherine Lowery, Junior Planner - 519-741-2200 ext. 7071 APPLICATION #: B2017-050 and A2017-129 ADDRESS: 156 and 158 Donald Street PROPERTY OWNERS: Lydia Anna Vasek and Anna Daniela Vasek SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: December 4, 2017 Location Map: 156 and 158 Donald Street REPORT 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 dwelling. The existing development of the neighbourhood consists of a mix of single detached dwellings, duplex dwellings, semi-detached 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 house (1132017-050). The severed lot would have a lot width of 8.7 metres, a depth ranging between 50.6 and 54.4 metres, and an area of 457.5 square metres. The retained lot would have a lot width of 7.27 metres, a depth ranging between 54.4 and 60.91 metres, and an area of 580.8 square metres. Staff notes that the properties were previously separate but inadvertently merged on title when put into the same ownership. Therefore, a consent application to recreate the lot line is required. In addition, the Owner has submitted a minor variance application: A2017-058 (retained lot) — requesting relief from Section 38.2.2 to permit reduced lot width of 7.27 metres, whereas 7.5 metres is required. City Planning staff conducted a site inspection of the property on November 14, 2017 Existing Semi -Detached Dwelling at 156 and 158 Donald Street Consent Application — B2017-050 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. A minor variance to permit the existing reduced lot width for the retained lands has been requested. The lot width of the severed lot complies and both parcels exceed the minimum lot area requirement. 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 B2017-050, requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached house, be approved, subject to the conditions listed in the Recommendation section of this report. Minor Variance Application — A2017-129 In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: The subject property is designated Low Rise Residential in 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 being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. It is planning staffs opinion that the minor reduction in lot width 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. As such, the variance meets the general intent of the designation. 2. The requested variance to permit a reduced lot width of 7.27 metres, whereas 7.5 metres is required, meets the general intent of the Zoning By-law. The purpose of the minimum 7.5 metre lot width requirement is to ensure the lot is of adequate size to support the semi- detached house while meeting minimum side yard setback requirements. As the semi- detached house is existing and the lot meets all other regulations, staff is satisfied the reduction of 0.23 metres meets the general intent of the Zoning By-law. 3. The variance can be considered minor as the lot width will not present any significant impacts to adjacent properties or the overall neighbourhood. The purpose of this variance is to recognize the existing condition in order to facilitate the severance to allow separate ownership of each semi-detached house after the lots inadvertently merged on title. As such, the impact of this variance will be negligible. 4. 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. No changes are proposed to the scale, massing and height of the existing building, therefore the variance will not negatively impact the existing character of the subject property or surrounding neighbourhood. Based on the foregoing, Planning staff recommends that these applications be approved, subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent and variance. Heritage Comments: No heritage concerns. Environmental Planning Comments: No concerns. Transportation Services Comments: Transportation Services have no concerns with the proposed applications. Engineering Comments: Engineering has no concerns. Operations Comments: Park land dedication will not be required on the severed parcel, as no new development lot will be created as a result of the severance. RECOMMENDATION That Application A2017-129 requesting relief from Section 38.2.2 to permit a reduced lot width of 7.27 metres, whereas 7.5 metres is required, be approved. That Application B2017-050 requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached house, be approved, subject to the following conditions: 1. That Minor Variance Application A2017-129 receive full and final approval; 2. 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; 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one full size paper copy 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. Catherine Lowery, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Commmity Hanliing 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario NV2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575,-4466 ,rergionof aterloo.ca Carolyn Crozier 575-4757 ext. 3657 File No. D20-20/17 KIT December 6, 2017 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2017-048 to B2017-050 Committee of Adjustment Hearing December 12, 2017 CITY OF KITCHENER B 2017-048 427 Old Chicopee Trail Maria Kyveris & Greg McNally The purpose of the application is to sever a parcel of land and create a new lot for residential development. Regional staff have no objection to the application. :Vill tQOZ �!] 393-411 Queen Street South, 379 and 389 Queen Street South, 168 Benton Polocorp Inc. The purpose of the application is to sever a parcel of land from the subject property and convey it 399 Queen Street South and 168 Benton Street. Water Services The applicant is advised that the subjec static hydraulic grade line of 384 mASL. below 327.8 mASL will require individi service in accordance with Section 13.2.� Specifications for Municipal Services for Document Number: 2576209 t property is located in Kitchener Zone 4 with a Any development with a finished road elevation aal pressure reducing devices on each water t.7 of the Design Guidelines and Supplemental January 2017. Regional staff have no objection to the application. B 2017-050 156 & 158 Donald Street Lydia Anna Vasek & Anna Daniela Vasek The purpose of the application is to sever a parcel of lands so that each half of the semi-detached residential dwelling can be deal with separately. Regional staff have no objection to the application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner cc. Juliane vonWesterholt, City of Kitchener (via email) Brian Bateman, City of Kitchener (via email) Document Number: 2576209 November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority.