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Home My WebLink About2017-12-12 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 12, 2017 MEMBERS PRESENT: Messrs. D. Cybalski and B. McColl and Ms. J. Meader and Ms. P. Kohli. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic Planning Analyst; Ms. F. Hosseini, Traffic Planning Analyst; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. This meeting was called to order at 10:02 a.m. CHAIR AND VICE-CHAIR On motion by Mr. B. McColl Seconded by Ms. J. Meader It was resolved: That Mr. D. Cybalski be appointed Chair of the Committee of Adjustment and Mr. A. Head be appointed Vice-Chair of the Committee of Adjustment for a term to expire November 30, 2018. MINUTES Moved by Mr. B. McColl Seconded by Ms. J. Meader That the minutes of the regular meeting of the Committee of Adjustment held November 21, 2017, as circulated to the members, be accepted. Carried This meeting temporarily recessed at 10:03 a.m. to consider one application under Chapter 680 (Signs) of the City of Kitchener’s Municipal Code and reconvened at 10:06 a.m. with all members present. NEW BUSINESS MINOR VARIANCE: 1. Submission No.: A 2017-120 Applicant: Ronald Schaefer Property Location: 356 Arnold Street Legal Description: Part Lot A, Registered Plan 40 Appearances: In Support: O. & A. Rosu Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to convert the existing single detached dwelling into a tradesman or contractor’s establishment on a lot having width of 13.911m rather than the required 15m. The Committee considered the report of the Planning Division dated November 29, 2017, advising 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 COMMITTEE OF ADJUSTMENT - 346 -DECEMBER 12, 2017 1. Submission No.: A 2017-120 (Cont’d) 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 having 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. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments. The subject property is designated General Industrial in the North Ward Secondary Plan. It is Planning staff’s opinion 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. 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. 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. 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 27, 2017, advising they have no concerns with this application. The Committee considered the report of the Ministry of Transportation (MTO) dated November 27, 2017, advising although they have no concerns with this application, they noted MTO sign permits are required prior to installation. Mr. O. Rosu was in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of Ronald Schaefer requesting permission to convert the existing single detached dwelling into a tradesman or contractor’s establishment on a lot having width of 13.911m rather than the required 15m, on Part Lot A, Registered Plan 40, 356 Arnold Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain 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. COMMITTEE OF ADJUSTMENT - 347 -DECEMBER 12, 2017 1. Submission No.: A 2017-120 (Cont’d) 2. That the owner shall obtain a Demolition Control Permit in accordance with the City’s Demolition Control By-law to the satisfaction of the Director of Planning. 3. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division for the Tradesman or Contractor’s Establishment. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 2. Submission No.: A 2017-121 Applicant: Tanem Developments Limited Property Location: 519 Morrison Road, Unit 10 Legal Description: Level 1, Waterloo Condominium Plan Appearances: In Support: P. Florica Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a single detached dwelling having a rear yard setback of 6.3m rather than the required 7.5m. The Committee considered the report of the Planning Division dated November 29, 2017, advising 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 1R, 468R, and 471R 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. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments. The subject property is designated Low Rise Residential in both the City’s 2014 Official Plan and 1994 Official Plan. Although a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal, it should be noted that certain policies do apply. In this case, both plans are being relied upon to determine whether the subject variance meets the intent of the Official Plan. It is Planning staff’s opinion that the proposed variance meets the 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. 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 COMMITTEE OF ADJUSTMENT - 348 -DECEMBER 12, 2017 2. Submission No.: A 2017-121 (Cont’d) 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. 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. 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 27, 2017, advising they have no concerns with this application. Mr. P. Florica was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Tanem Developments Limited requesting permission to construct a single detached dwelling with a covered deck in the rear yard having a setback of 6.3m rather than the required 7.5m, on Level 1, Waterloo Condominium Plan, 519 Morrison Road, Unit 10, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That prior to the issuance of any building permits, the owner shall ensure Tree Protection Fencing is installed in accordance with the approved Landscape Plan dated October 20, 2017 as submitted with the application, to the satisfaction of the City’s Manager of Site Development and Customer Service. 2. That the owner shall obtain a building permit for the proposed rear yard roof structure for the single detached dwelling by June 1, 2018. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 3. Submission No.: A 2017-122 Applicant: 2522935 Ontario Inc. Property Location: 2 Valleybrook Drive Legal Description: Lot 159, Registered Plan 58M-597 Appearances: COMMITTEE OF ADJUSTMENT - 349 -DECEMBER 12, 2017 3. Submission No.: A 2017-122 (Cont’d) In Support: P. Ha Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway located 8.28m from the intersection of Valleybrook Drive and Rivertrail Avenue rather than the required 9m setback. The Committee considered the report of the Planning Division dated December 1, 2017, advising 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. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments. The subject property is designated Low Rise Residential in both the City’s 2014 Official Plan and 1994 Official Plan. 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. 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. 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. 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 27, 2017, advising they have no concerns with this application. Mr. P. Ha was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. P. Kohli COMMITTEE OF ADJUSTMENT - 350 -DECEMBER 12, 2017 3. Submission No.: A 2017-122 (Cont’d) That the application of 2522935 Ontario Inc. requesting 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, on Lot 159, Registered Plan 58M- 597, 2 Valleybrook Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 4. Submission No.: A 2017-123 Applicant: 2522935 Ontario Inc. Property Location: 18 Valleybrook Drive Legal Description: Lot 163, Registered Plan 58M-597 Appearances: In Support: P. Ha Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered the report of the Planning Division dated December 1, 2017, advising 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. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The subject property is designated Low Rise Residential in both the City’s 2014 Official Plan and 1994 Official Plan. 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. 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 COMMITTEE OF ADJUSTMENT - 351 -DECEMBER 12, 2017 4. Submission No.: A 2017-123 (Cont’d) 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. 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. 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 27, 2017, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated November 23, 2017, advising although they have no concerns with this application, they noted 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. Mr. P. Ha was in attendance in support of the subject application and the staff recommendation. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of 2522935 Ontario Inc. requesting 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, on Lot 163, Registered Plan 58M-597, 18 Valleybrook Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 5. Submission No.: A 2017-124 Applicant: Julidah and Olehka Rac Property Location: 6 Catalina Court Legal Description: Lot 32, Plan 1680 Appearances: In Support: J. Rac Contra: None COMMITTEE OF ADJUSTMENT - 352 -DECEMBER 12, 2017 5. Submission No.: A 2017-124 (Cont’d) Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered the report of the Planning Division dated November 29, 2017, advising 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 applicants are proposing to construct an attached garage to the rear of the dwelling, which will extend into the require rear yard setback. As such, the owners are 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. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments: The subject property is designated Low Rise Residential in both the City’s 2014 Official Plan and 1994 Official Plan. Although a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal, it should be noted that certain policies do apply. In this case, both plans are being relied upon to determine whether the subject variance meets the intent of the Official Plan. It is Planning staff’s opinion that the proposed variance meets the 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. 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. 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. 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 27, 2017, advising they have no concerns with this application. Mr. J. Rac was in attendance in support of the subject application and the staff recommendation. Ms. J. Meader questioned if there would be adequate amenity space after the proposed garage was constructed. Mr. Rac indicated the amenity space would be located in the side yard rather than the rear yard. Ms. J. von Westerholt noted corner lots often function differently with regards to the location of amenity space. Moved by Ms. P. Kohli Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT - 353 -DECEMBER 12, 2017 5. Submission No.: A 2017-124 (Cont’d) That the application of Julidah and Olehka Rac requesting 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, on Lot 32, Plan 1680, 6 Catalina Court, Kitchener, Ontario,BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit for the proposed attached garage by June 1, 2018. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 6. Submission No.: A 2017-125 Applicant: Jorge and Marica Silveira Property Location: 45 Highgate Road Legal Description: Lot 57, Registered Plan 58M-240 Appearances: In Support: J. Silveira Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission for an existing duplex to have a driveway width on Highgate Road of 10m rather than the permitted maximum 7.5m. The Committee considered the report of the Planning Division dated December 5, 2017, advising the subject property is zoned Residential Four Zone (R-4), and designated Low Rise Residential in the Official Plan. The applicants are requesting permission to expand the width of the driveway. The applicants are 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. 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. 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 yard located on Udvari Crescent would remain unchanged. The proposed variance therefore meets the general intent of the Zoning By-law. COMMITTEE OF ADJUSTMENT - 354 -DECEMBER 12, 2017 6. Submission No.: A 2017-125 (Cont’d) 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. 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 27, 2017, advising they have no concerns with this application. Mr. J. Silveira was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Jorge and Marica Silveira requesting permission for an existing duplex to have a driveway width on Highgate Road of 10m rather than the permitted maximum 7.5m, on Lot 57, Registered Plan 58M-240, 45 Highgate Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a curb cutting permit from the Engineering Services department by June 30th, 2018. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 7. Submission No.: A 2017-126 Applicant: Kenmore Homes (Waterloo Region) Inc. Property Location: 235 Forest Creek Drive Legal Description: Part Block 8, Registered Plan 58M-505, being Part 57 on Reference Plan 58R-1986 Appearances: In Support: A. Sinclair J. Harding Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT - 355 -DECEMBER 12, 2017 7. Submission No.: A 2017-126 (Cont’d) The Committee was advised the applicant is requesting 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. The Committee considered the report of the Planning Division dated December 1, 2017, advising 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. 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 thereforeare not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as single detached dwellings is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. It is Planning staff’s 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. 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 staff’s 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. The variance is considered minor as it is staff’s 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. The variance is appropriate for the development and use of the land as it is staff’s opinion that the requested variance will not impact the subject property, adjacent lands abutting intersection or safety of pedestrian or vehicular traffic. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 27, 2017, advising they have no concerns with this application. Ms. A. Sinclair and Ms. J. Harding were in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Kenmore Homes (Waterloo Region) Inc. requesting 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, on Part Block 8, Registered Plan 58M-505, being Part 57 on Reference Plan 58R-19876, 235 Forest Creek Drive, Kitchener, Ontario,BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. COMMITTEE OF ADJUSTMENT - 356 -DECEMBER 12, 2017 7. Submission No.: A 2017-126 (Cont’d) 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 8. Submission No.: A 2017-127 Applicant: 2603373 Ontario Inc. Property Location: 46 Cherry Street Legal Description: Part Lot 433, Plan 375 Appearances: In Support: L. & Z. Rowe Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered the report of the Planning Division dated December 3, 2017, advising 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. 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 (RIENS) Area. 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 followingcomments: 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 COMMITTEE OF ADJUSTMENT - 357 -DECEMBER 12, 2017 8. Submission No.: A 2017-127 (Cont’d) 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 the development concept implements many 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 27, 2017, advising they have no concerns with this application. Mr. L. Rowe was in attendance in support of the subject application and staff recommendation. Ms. J. Meader questioned the need for the proposed site plan condition, which was included in staff’s recommendation. Ms. J. von Westerholt commented proposed dwellings that are considered a triplex or greater require site plan approval. Mr. Rowe noted a site plan has already been submitted for this property. Mr. B. McColl suggested, and it was agreed, a condition be added to the Committee’s decision to require a building permit to be obtained by the owner. A motion was brought forward by Mr. B. McColl, seconded by Ms. P. Kohli to approve the recommendation as outlined in the staff report, with the inclusion of a building permit condition, which was voted on and Carried, with Ms. J. Meader voting in opposition. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of 2603373 Ontario Inc. requesting 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 when parking is provided in the rear yard; 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, on Part Lot 433, Plan 375, 46 Cherry Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive conditional approval of Site Plan Application SP17/134/C/TS. COMMITTEE OF ADJUSTMENT - 358 -DECEMBER 12, 2017 8. Submission No.: A 2017-127 (Cont’d) 2. That the owner shall receive a Zoning (Occupancy) Certificate from the Planning Division. 3. That the owner shall obtain the required building permits to convert the duplex into a triplex. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 9. Submission No.: A 2017-128 Applicant: 1841807 Ontario Inc., Property Location: 51 David Street Legal Description: Lot 146, Subdivision of Lot 17, German Company Tract Appearances: In Support: P. Chauvin S. Litt L. Robertson Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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 0m rather than the required 1.5m; a maximum height of 22.1m 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%). The Committee considered the report of the Planning Division dated December 1, 2017, advising 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 (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. COMMITTEE OF ADJUSTMENT - 359 -DECEMBER 12, 2017 9. Submission No.: A 2017-128 (Cont’d) 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 0.0m 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. 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 (TDM) Checklist reviewed by Transportation Planning to inform the parking reductions being sought. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments: 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 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 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 COMMITTEE OF ADJUSTMENT - 360 -DECEMBER 12, 2017 9. Submission No.: A 2017-128 (Cont’d) 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 included in the staff report contains a dashed area that indicates the 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. The 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 to and from Victoria Park. 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 the 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: • to ensure adequate parking standards and regulations are in place and enforced; and, • 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 area, 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 a 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. 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. COMMITTEE OF ADJUSTMENT - 361 -DECEMBER 12, 2017 9. Submission No.: A 2017-128 (Cont’d) 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 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 5, 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 27, 2017, advising they have no concerns with this application. Messrs. P. Chauvin, S. Litt and L. Robertson were in attendance in support of the subject application and staff recommendation. In response to questions regarding shadowing, Mr. Chauvin advised a shadow study was completed as part of the HIA, with no issues indicated with regards to shadow impacts on neighbouring properties. He noted a 7 to 8 storey building is located to the rear of the subject property that in his opinion, creates more shadows than those potentially caused by the proposed structure. Ms. J. von Westerholt added Planning staff, as well as the Heritage Committee, have reviewed the shadow study and have no concerns. The Chair requested future shadow studies be included with Committee of Adjustment applications where applicable as they are a critical part of the Committee’s decision. Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of 1841807 Ontario Inc. requesting 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 0m rather than the required 1.5m; a maximum height of 22.1m 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%), on Lot 146, Subdivision of Lot 17, German Company Tract, 51 David Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That Site Plan Application (SP17113/D/BB) shall receive final approval by December 31, 2018 to the satisfaction of the Manager of Site Development and Customer Service. 2. That the owner shall agree to implement the Traffic Demand Management (TDM) measures outlined in the Transportation Demand Management (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 shall agree to implement the details of the Visitor Parking Functional Plan, submitted with the application, dated November 29, 2017, by December 31, 2018 to the satisfaction of the Director of Transportation Planning. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT - 362 -DECEMBER 12, 2017 9. Submission No.: A 2017-128 (Cont’d) 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried CONSENT APPLICATIONS: 1. Submission No.: B 2017-048 Applicant: Maria Kyveris and Greg McNally Property Location: 427 Old Chicopee Trail Legal Description: Part Lots 54 & 118, German Company Tract Appearances: In Support: M. Kyveris Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered the report of the Planning Division dated December 6, 2017, advising 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). 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. COMMITTEE OF ADJUSTMENT - 363 -DECEMBER 12, 2017 1. Submission No.: B 2017-048 (Cont’d) In order to ensure orderly development and conformity with City policies, staff recommends some site-specific conditions, such as: a portion of the driveway serving the retained lands be relocated so it is entirely on the retained lands; the detached garage on the retained lands be demolished; 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. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated December 6, 2017, advising they have no objection to this application. In addition, the Committee was in receipt this date of an internal memo prepared by Mr. A. Pinnell dated December 8, 2017, requesting Condition 4, as originally proposed in the staff report, be amended to request a road widening of 3m rather than the .06m which was initially requested. Ms. M. Kyveris was in attendance in support of the subject application and staff recommendation. In response to questions regarding Condition 4, specifically regarding the inclusion of a Phase II Environmental Assessment (EA) being required in the proposed condition, Mr. D. Seller stated the reason for the amendment to the condition was due to sidewalk installation. He noted a Phase II EA would be undertaken only if the results from the Phase I EA were inconclusive. The Chair requested, and it was agreed, that Condition 4 be further amended to include ‘if required’ regarding a Phase II EA. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Maria Kyveris and Greg McNally requesting 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., on Part Lots 54 & 118, German Company Tract, 427 Old Chicopee Trail, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall 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 shall convey to the City of Kitchener, without cost and free of encumbrance, an approximately 3.0m wide road widening along the severed parcel's entire Old Chicopee Trail frontage, to the satisfaction of the City’s Transportation Services department. In addition, the owner shall submit a Phase 1, and if required a Phase 2 Environmental Assessment (EA), to the City’s Engineering Services department for the road widening on the severed portion. 5. That the owner shall modify the existing horseshoe driveway that serves the retained lands so it is located entirely on the retained lands (a small portion encroaches onto the severed lands). 6. That the owner shall 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. COMMITTEE OF ADJUSTMENT - 364 -DECEMBER 12, 2017 1. Submission No.: B 2017-048 (Cont’d) 7. That the owner shall remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City’s Planning Department. Alternatively, if a building permit 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 (DVT) regulations, to the satisfaction of the City’s Planning Division. 8. That the owner shall 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 shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands, or otherwise receive relief from the Engineering Services department for this requirement. 10. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services, prior to endorsement of the deed for the severed lands. 11. That the owner shall complete and submit the Development and Reconstruction As- Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City’s to Engineering Services, prior to endorsement of the deed for the severed lands. 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. That the owner shall agree to implement the approved plan. No changes to the said plan shall be granted, except with the prior approval of the City’s Director of Planning. 13. That the owner shall make arrangements, financial or otherwise, for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca COMMITTEE OF ADJUSTMENT - 365 -DECEMBER 12, 2017 Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 11, 2019. Carried 2. Submission No.: B 2017-049 Applicant: Polocorp Inc. Property Location: 379-389 Queen Street South, 399 Queen Street South and 168, 170-192, 176 and 180 Benton Street Legal Description: Lots 5 and 6, Registered Plan 397 Appearances: In Support: M. Puopolo F. vonHafner Contra: J. Hauck D. Watson Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered the report of the Planning Division dated December 3, 2017, advising on November 21, 2017, the Committee of Adjustment approved severance application B 2017- 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. 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 of 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. 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 (FSR) of 2.0. The lands are within the plan boundary of the Planning Around Rapid Transit Stations (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. COMMITTEE OF ADJUSTMENT - 366 -DECEMBER 12, 2017 2. Submission No.: B 2017-049 (Cont’d) With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, 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. 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. 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. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated December 6, 2017, advising although they have no objection to this application, they noted the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure-reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specification for Municipal Services for January 2017. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated November 23, 2017, advising although they have no objection to this application, they noted they had previously provided comments via Consent Application B 2017-033. Mr. M. Puopolo was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Polocorp Inc. requesting permission to sever a parcel of land below grade for the construction of an underground parking facility having a width of 11.18m, a length of 34.66m, a depth of 4m and a total area of 3214 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 having a width of 11.78, a depth of 37.16 and an area of 437.76 sq.m. in favour of 399 Queen Street South and 168, 170-192, 176 and 180 Benton Street for access and maintenance, on Lots 5 and 6, Registered Plan 397, 379-389 Queen Street South, 399 Queen Street South and 168, 170- 192, 176 and 180 Benton Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. COMMITTEE OF ADJUSTMENT - 367 -DECEMBER 12, 2017 2. Submission No.: B 2017-049 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall 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. 4. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 5. That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the owner shall ensure 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: 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. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 11, 2019. Carried COMMITTEE OF ADJUSTMENT - 368 -DECEMBER 12, 2017 COMBINED APPLICATIONS: 1. Submission Nos.: B 2017-050 and A 2017-129 Applicant: Lydia and Anna Vasek Property Location: 156 and 156 Donald Street Legal Description: Lot 56, Plan 884 Appearances: In Support: L. Vasek Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land so each half of a semi-detached residential 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. The Committee considered the report of the Planning Division dated December 4, 2017, advising the subject property is designated Low Rise Residential in the City’s 2014 Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The lands are currently developed with an existing semi-detached 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 applicants are requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached house (B 2017-050). 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 owners have submitted Minor Variance Application A 2017-058 (retained lot), requesting relief from Section 38.2.2 to permit reduced lot width of 7.27 metres, whereas 7.5 metres is required. Consent Application - B 2017-050: 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. Minor Variance Application - A 2017-129: 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 followingcomments: The subject property is designated Low Rise Residential in both the City’s 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of COMMITTEE OF ADJUSTMENT - 369 -DECEMBER 12, 2017 1. Submission Nos.: B 2017-050 & A 2017-129 (Cont’d) Low Rise Residential policies from the 2014 Official Plan are under appeal and thereforeare not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan, which allows for low density forms of housing such as semi-detached dwellings, is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. It is Planning staff’s 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. 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. The variance can be considered minor as the lot width will not present any significantimpacts 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. 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. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated December 6, 2017, advising they have no objections to application B 2017-050. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 27, 2017, advising they have no concerns with application A 2017-129. Ms. L. Vasek was in attendance in support of the subject application and the staff recommendation. In response to questions regarding whether the subject applications were in compliance with the fire code, Ms. J. von Westerholt stated both the Fire and Building departments were contacted with respect to possible comments. Submission No.: B 2017-050 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Lydia and Anna Vasek requesting 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., on Lot 56, Plan 884, being Parts 1 & 2 on Reference Plan 58R-4037, 156 and 158 Donald Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT - 370 -DECEMBER 12, 2017 1. Submission Nos.: B 2017-050 & A 2017-129 (Cont’d) 3. That Minor Variance Application A 2017-129 shall receive full and final approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being December 11, 2019. Carried Submission No.: A 2017-129 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Lydia and Anna Vasek requesting permission to have a lot width of 7.27m rather than the required 7.5m, on Part Lot 56, Plan 884, being Part 2 on Reference Plan 58R-4037, 158 Donald Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried ADJOURNMENT On motion, the meeting adjourned at 10:29 a.m. Dated at the City of Kitchener this 12th day of December, 2017. Dianna Saunderson Secretary-Treasurer Committee of Adjustment