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HomeMy WebLinkAboutCA - 2018-01-16 COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:14 a.m. Present: Mr. D. Cybalski Mr. B. McColl Ms. P. Kohli Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Ms. D. Saunderson, Secretary-Treasurer Ms. H. Dyson, Administrative Clerk. MINUTES Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the regular minutes of the Committee of Adjustment meeting held December 12, 2017, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2018-001 Applicant: Keith and Eileen Lovett Property Location: 3310 King Street East Legal Description: Lot 5, Plan 987, Part Lot 11, Plan 986 Appearances: In Support: W. Hagen H. Wang Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission for an existing commercial building to have 50% of the Gross Floor Area (GFA) of a warehouse area for comic book sales rather than the permitted maximum 25%. The Committee considered Community Services Department report CSD-18-007 dated January 9, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 2, 2018, advising they have no concerns with this application. Mr. W. Hagen was in attendance on behalf of the property owners in support of the subject application and staff recommendation. Mr. B. McColl questioned if the conditions outlined in the staff report, specifically regarding parking, could be completed before the March 30, 2018 deadline. Mr. Hagen stated he was unsure if the deadline was feasible. He indicated the property owner has been in contact with the Zoning Division, noting his business requires very little parking. Mr. McColl proposed, and it was agreed, that the deadline to complete the conditions be amended to June 30, 2018. Moved by Mr. B. McColl Seconded by Ms. P. Kohli COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 2 - CITY OF KITCHENER 1. Submission No.: A 2018-001 (Cont’d) That the application of Keith and Eileen Lovett requesting permission for an existing commercial building to have 50% of the Gross Floor Area (GFA) of a warehouse area for comic book sales rather than the permitted maximum 25%, on Lot 5, Plan 987, Part Lot 11, Plan 986, 3310 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division. 2. That the owner shall obtain Site Plan approval from the Planning Division to acknowledge parking spaces. 3. That the owner shall ensure Conditions 1 and 2 above are completed no later than June 30, 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 2. Submission No.: A 2018-002 Applicant: Ben Wingelaar Property Location: 375 Luella Street Legal Description: Lot 37, Registered Plan 79 Appearances: In Support: B. Wingelaar Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a second storey addition on an existing single detached dwelling having a front yard setback of 4.42m rather than the required 4.5m; and, a front porch with roof to have a front yard setback of 2.88m rather than the required 4.5m. The Committee considered Community Services Department report CSD-18-008 dated January 5, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 2, 2018, advising they have no concerns with this application. Mr. B. Wingelaar was in attendance in support of the subject application and staff recommendation Moved by Ms. P. Kohli Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 3 - CITY OF KITCHENER 2. Submission No.: A 2018-002 (Cont’d) That the application of Ben Wingelaar requesting permission to construct a second storey addition on an existing single detached dwelling having a front yard setback of 4.42m rather than the required 4.5m; and, a front porch with roof to have a front yard setback of 2.88m rather than the required 4.5m, on Lot 37, Registered Plan 79, 375 Luella Street, Kitchener, Ontario,BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the City’s Building Division for the proposed second storey addition and covered front porch by November 1, 2018. The floor of the porch shall not exceed 0.6 metres in height above finished grade level, and any railings, spindles or other porch materials located within the Driveway Visibility Triangle (DVT) shall not obstruct visibility of oncoming motor vehicle and pedestrian traffic on the street. 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 3. Submission No.: A 2018-003 Applicant: Carolyn Vander Schaaf Property Location: 197 Simeon Street Legal Description: Lot 59, Plan 284 Appearances: In Support: C. Vander Schaaf R. Enns Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing 1.3m by 3m wooden shed to be located in the exterior side yard of an existing single detached dwelling whereas the By-law does not permit sheds to be located in the exterior side yard; for the shed to be located closer to the front lot line than the front of the principle dwelling; for the shed to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; and, to be located within the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT. The Committee considered Community Services Department report CSD-18-009 dated January 9, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 2, 2018, advising they have no concerns with this application. Ms. C. Vander Schaaf and Mr. R. Enns were in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 4 - CITY OF KITCHENER 3. Submission No.: A 2018-003 (Cont’d) Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Carolyn Vander Schaaf requesting permission to legalize an existing 1.3m by 3m wooden shed to be located in the exterior side yard of an existing single detached dwelling whereas the By-law does not permit sheds to be located in the exterior side yard; for the shed to be located closer to the front lot line than the front of the principle dwelling; and, for the shed to be located within the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT, on Lot 59, Plan 284, 197 Simeon Street, Kitchener, Ontario,BE APPROVED, subject to the following condition: 1. That the owner shall acknowledge this Decision is only valid for the accessory building existing on the date of this report and that no further encroachments into the Corner Visibility Triangle (CVT) shall occur. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 4. Submission No.: A 2018-004 Applicant: 100 VIC GP INC. Property Location: 98-110 Victoria Street South Legal Description: Part Lot 553, Grange’s Amended Survey, Registered Plan 378 and Part Lot 41, Registered Plan 420 Appearances: In Support: H. Price Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a dual-tower mixed use-residential development with a phased approach having 0 parking spaces for the first 100 residential units and 0.97 spaces per residential unit thereafter. The Committee considered Community Services Department report CSD-18-010 dated January 3, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 2, 2018, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated December 22, 2017, advising although they have no concerns with this application, they noted a portion of the subject does fall within the 5 metre regulated allowance associated with the floodplain. Consequently, the property is regulated by the GRCA under Ontario Regulation 150/06. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 5 - CITY OF KITCHENER 4. Submission No.: A 2018-004 (Cont’d) Ms. H. Price 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 100 VIC GP Inc. requesting permission to construct a dual-tower mixed use-residential development to provide parking at a rate of 0 spaces for the first 100 residential units and non-residential uses, and 0.97 spaces per residential unit thereafter (253 parking spaces will be provided for the entire site at full build out) rather than a flat rate of 243 spaces for the site, on Part of Lot 553, Registered Plan 378 and Part of Lot 41, Registered Plan 420, 98-110 Victoria Street South, 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 CONSENT APPLICATIONS: 1. Submission No.: B 2018-001 Applicants: 2054908 Ontario Inc. and Victoria-Vicmount Inc. Property Location: 301 Westmount Road Legal Description: Part Block A, Registered Plan 1319, being Parts 1 to 6 on Reference Plan 58R-19934 Appearances: In Support: H. Price Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to grant easements identified on the plan submitted with the application as Parts 1, 2, 3 & 5 on Reference Plan 58R- 19934 for stormwater and sanitary services; and, Parts 3, 4, 5 & 6 on Reference Plan 58R-19934 in favour of 751 Victoria Street South for parking and access purposes. The easements were initially created through Consent Application B 2012-004 and require amendments to facilitate Site Plan Applications SP16/062/V/LT and SP16/106/V/LT. The Committee considered Community Services Department report CSD-18-011 dated January 8, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated January 8, 2018, advising they have no objection to this application. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 6 - CITY OF KITCHENER 1. Submission No.: B 2018-001 (Cont’d) The Committee considered comments from Kitchener-Wilmot Hydro Inc., dated December 21, 2017 stating a minimum horizontal distance setback of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole. Ms. H. Price was in attendance in support of the subject application and staff recommendation. She advised she had no objections with the conditions outlined in the staff report. Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of 2054908 Ontario Inc./Victoria-Vicmount Inc. requesting permission to grant easements identified on the plan submitted with the application as Parts 1, 2, 3 & 5 on Reference Plan 58R-19934 specifically for stormwater and sanitary services; and, Parts 3, 4, 5 & 6 on Reference Plan 58R-19934 in favour of 751 Victoria Street South specifically for parking and access purposes, on Part Block A, Registered Plan 1319, being Parts 1 to 6 on Reference Plan 58R-19934, 301 Westmount Road West, 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’s Solicitor shall provide a satisfactory Solicitor’s Undertaking to register the approved Transfer Easements, and to immediately thereafter provide copies thereof to the City Solicitor. 4. That the Transfer Easement document(s) required to create the Easements 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 Easements 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 Easements 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. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 7 - CITY OF KITCHENER 1. Submission No.: B 2018-001 (Cont’d) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 16, 2020. Carried 2. Submission No.: B 2018-004 Applicant: CPM Construction Management Inc. Property Location: 6 Pequegnat Avenue Legal Description: Part Lot 26, Plan 111 Appearances: In Support: M. Crosby S. O’Rourke B. Martin Contra: J. Ryrie Written Submissions: None The Committee was advised the applicant is requesting permission to sever an ‘L’ shaped parcel of land having a width on Mansion Street of 16.997m, a northerly depth of 20.98m and an area of 307.03 sq.m. The retained land will have a width on Pequegnat of 19.357m, a depth of 20.478m and an area of 395.70 sq.m. Both parcels are intended for single detached dwellings. The Committee considered Community Services Department report CSD-18-014 dated January 8, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated January 8, 2018, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Committee considered comments from Kitchener-Wilmot Hydro Inc., dated December 21, 2017 stating a minimum horizontal distance setback of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole. Messrs. M. Crosby, S. O’Rourke and B. Martin were in attendance in support of the subject application and staff recommendation. In response to questions, Mr. Crosby stated the property was purchased over a year ago and in his opinion, the existing building is dilapidated and is not financially viable to be restored. He referred to the previous Committee of Adjustment applications proposed in 2017, noting the application being heard this date has taken into consideration previous concerns made by staff and neighbours of the subject property. Mr. J. Ryrie was in attendance this date in opposition to the subject application. He stated he resides in the neighbourhood and although the application, in his opinion, is more appropriate than the previous Consent application it is still his preference to see the lot remain intact. He expressed concerns with the rationale outlined in the staff report related to the comments regarding the surrounding neighbourhood, which suggested the proposed severance would be similar to others in the vicinity. He indicated in his opinion, the proposed lots do not mimic the lots on Pequegant Avenue, which is immediately adjacent to the subject property. He further advised he has concerns that the Planning report comments do not fully justify the character of the downtown area and fail to take into consideration the lot sizes and fabrics on the street where the property currently fronts. Mr. Ryrie stated his disappointment with the Property Standards By-laws COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 8 - CITY OF KITCHENER 2. Submission No.: B 2018-004 (Cont’d) and how they address the deterioration of the existing single detached dwelling, noting if the property was not in such disrepair, redevelopment would not likely be something for consideration regarding the subject property. Ms. J. von Westerholt stated she appreciates the neighbours concerns, noting the new lots are intended to front onto Mansion Street and in her opinion, other lots exist in the vicinity which are similar in size to the proposed lots requested through the subject application. Mr. B. McColl acknowledged the concerns raised by the neighbours comments, adding in his opinion, the proposed development is suitable for the subject property. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of CPM Construction Management Inc. requesting permission to sever an ‘L’ shaped parcel of land having a width on Mansion Street of 16.997m, a northerly depth of 20.98m and an area of 307.03 sq.m., on Part Lot 26, Plan 111, 6 Pequegnat Avenue, 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 obtain Demolition Control approval to the satisfaction of the Director of Planning. 4. That the owner shall obtain a Demolition Permit to the satisfaction of the Chief Building Official. 5. That the owner shall obtain a building permit for the construction of the single-detached dwellings to the satisfaction of the Chief Building Official. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: 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 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. 7. 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 prior to any grading or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Director of Planning showing: COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 9 - CITY OF KITCHENER 2. Submission No.: B 2018-004 (Cont’d) (i) the proposed location of all buildings (including accessory buildings and structures), decks, fencing and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and, (vi) outline tree protection measures for trees to be preserved including City trees #177490 (95cm Sugar Maple) and #171541 (46cm Norway Maple) located within the Pequegnat Avenue and Mansion Street right-of-way (ROW). b. Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City’s Director of Planning. 8. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $7,815.40. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value. 9. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 10. 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. 11. That any new driveways be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 12. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 13. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 14. That the owner shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner will be required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, all at the owner’s expense, to the satisfaction of the Director of Engineering Services. 15. That the owner shall submit payment to the Region of Waterloo the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 10 - CITY OF KITCHENER 2. Submission No.: B 2018-004 (Cont’d) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at 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 January 16, 2020. Carried 3. Submission No.: B 2018-002 Applicant: Vlad Knezevic Property Location: 67 Second Avenue Legal Description: Lot 32, Plan 254 Appearances: In Support: V. Knezevic Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 10.058m, a depth of 40.234m and an area of 404 sq.m. The retained land will have a width of 10.058m, a depth of 40.234m and an area of 404 sq.m. The lots are intended for residential duplexes. The Committee considered Community Services Department report CSD-18-012 dated January 8, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated January 8, 2018, advising they have no objection to this application, subject to the following conditions: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2. That prior to final approval, the applicant enter into a Registered Development Agreement with the City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: “For the severed lands: The unit will be fitted with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant’s discretion. Purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 11 - CITY OF KITCHENER 3. Submission No.: B 2018-002 (Cont’d) This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Environment and Climate Change (MOECC). For the retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC).” The Committee considered comments from Kitchener-Wilmot Hydro Inc., dated December 21, 2017 stating a minimum horizontal distance setback of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole. Mr. V. Knezevic was in attendance in support of the subject application and staff recommendation. Mr. D. Cybalski noted the comments from the Region of Waterloo requesting two conditions. Mr. Knezevic stated he is in agreement with the proposed Regional conditions. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Vlad Knezevic requesting permission to sever a parcel of land having a width of 10.058m, a depth of 40.234m and an area of 404 sq.m., on Lot 32, Plan 254, 67 Second Avenue, 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 submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City’s Director of Planning. 4. That the owner shall submit a site plan showing the location of the proposed dwellings on both the severed and retained lots, along with elevation drawings, to the satisfaction of the Director of Planning, illustrating that the proposed dwellings will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings shall be approved prior to the issuance of any building permit. 5. That the owner shall receive Demolition Control approval for the removal of the existing dwelling to the satisfaction of the Director of Planning. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections and the removal of redundant services to the retained lands. 7. That the owner shall make arrangements, financial or otherwise, for the relocation of any existing City-owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 12 - CITY OF KITCHENER 3. Submission No.: B 2018-002 (Cont’d) 8. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 9. That any new driveways be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Services. 10. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 11. That the owner shall provide Engineering Services with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the owner. 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 the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b. The 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 and the Director of Operations. 13. That the owner shall enter into a Registered Development Agreement with the City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: “For the severed lands: The unit will be fitted with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant’s discretion. Purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Environment and Climate Change (MOECC). COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 13 - CITY OF KITCHENER 3. Submission No.: B 2018-002 (Cont’d) For the retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC).” 14. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel in the amount of $4,626.68. Park Dedication is calculated at the residential rate of 5%, for the severed lands only, with a land valuation calculated by the lineal frontage (10.058 metres) and a land value of $9,200 per metre of frontage. 15. That the owner shall submit payment to the Region of Waterloo the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 16, 2020. Carried 4. Submission No.: B 2018-003 Applicant: Brian Holtze and Tanya Yantze Property Location: 268 Woolwich Street Legal Description: Part Lots 66, 124 & 125, German Company Tract, being Part 1 on Reference Plan 58R-17803 Appearances: In Support: C. Baker Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to grant an easement at the rear of the subject property having a width of 3m, a length of 7.5m and an area of 22.5 sq.m. in favour of the adjacent property to the north created through previous Consent application B 2017-013 for stormwater overflow. The Committee considered Community Services Department report CSD-18-013 dated December 21, 2017, recommending approval of this application subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 16, 2018 - 14 - CITY OF KITCHENER 4. Submission No.: B 2018-003 (Cont’d) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated January 8, 2018, advising they have no objection to this application. The Committee considered comments from Kitchener-Wilmot Hydro Inc., dated December 21, 2017 stating a minimum horizontal distance setback of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole. The Committee considered comments from the City of Waterloo dated December 21, 2017, advising they have no concerns with this application. Ms. C. Baker was in attendance in support of the subject application and staff recommendation. Moved by Seconded by That the application of Brian Holtze and Tanya Yantz requesting permission to grant an easement at the rear of the subject property having a width of 3m, a length of 7.5m and an area of 22.5 sq.m. in favour of the adjacent property to the north for stormwater overflow, on Part Lots 66, 124 & 125, German Company Tract, being Part 2 on Reference Plan 58R-17803, 268 Woolwich Street, Kitchener, Ontario, BE GRANTED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 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 Transfer Easement document(s) required to create the Easement 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 being granted shall be maintained and registered on title in perpetuity. 4. That the owner’s Solicitor shall provide a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement, and to immediately thereafter provide copies thereof to the City Solicitor. 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 MINUTES JANUARY 16, 2018 - 15 - CITY OF KITCHENER 4. Submission No.: B 2018-003 (Cont’d) Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 16, 2020. Carried ADJOURNMENT On motion, the meeting adjourned at 10:40 a.m. Dated at the City of Kitchener this 16th day of January, 2018 Dianna Saunderson Secretary-Treasurer Committee of Adjustment