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Home My WebLink AboutCA - 2018-02-20 COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:14 a.m. Present: Mr. A. Head, Vice-Chair Mr. B. McColl Ms. P. Kohli Officials: Ms. J. von Westerholt, Senior Planner Ms. Michelle Drake, Senior Heritage & Policy Planner Mr. A. Pinnell, Planner Mr. D. Seller, Traffic Planning Analyst Ms. Faranak Hosseini, 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 January 16, 2017, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2018-005 Applicant: Idris and Fauzia Baig Property Location: 12 Redtail Street Legal Description: Lot 88, Registered Plan 58M-511 Appearances: In Support: I. Baig Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a deck not exceeding 1.1m in height in the rear yard of an existing single detached dwelling having a rear yard setback of 1.5m rather than the required 4m. The Committee considered Community Services Department report CSD-18-028 dated February 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 February 8, 2018, advising they have no concerns with this application. Mr. I. Baig was in attendance in support of the subject application and staff recommendation. Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of IDRIS and FAUZIA BAIG requesting permission to construct a deck exceeding 0.6m in height in the rear yard of an existing single detached dwelling having a rear yard setback of 1.5m rather than the required 4m, on Lot 88, Registered Plan 58M-511, 12 Redtail 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 rear yard deck by September 30, 2018. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 17 - CITY OF KITCHENER 1. Submission No.: A 2018-005 (Cont’d) It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 2. Submission No.: A 2018-006 Applicant: 2522935 Ontario Inc. Property Location: 48 Crosswinds Drive Legal Description: Lot 178, 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 8.26m from the intersection of Valleybrook Drive and Crosswinds Drive rather than the required 9m setback. The Committee considered Community Services Department report CSD-18-029 dated February 12, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated February 8, 2018, 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 That the application of 2522935 ONTARIO INC. requesting permission to construct a single detached dwelling having a driveway located 8.26m from the intersection of Valleybrook Drive and Crosswinds Drive rather than the required 9m setback, on Lot 178, Registered Plan 58M- 597, 48 Crosswinds 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. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 18 - CITY OF KITCHENER 2. Submission No.: A 2018-006 (Cont’d) 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 2018-007 Applicant: 2522935 Ontario Inc. Property Location: 56 Crosswinds Drive Legal Description: Lot 180, 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 4.99m from the intersection of Crosswinds Drive rather than the required 9m setback. The Committee considered Community Services Department report CSD-18-030 dated February 12, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated February 8, 2018, 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 Ms. P. Kohli Seconded by Mr. B. McColl That the application of 2522935 ONTARIO INC. requesting permission to construct a single detached dwelling having a driveway located 4.99m from the intersection of Crosswinds Drive rather than the required 9m setback, on Lot 180, Registered Plan 58M-597, 56 Crosswinds 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 COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 19 - CITY OF KITCHENER 4. Submission No.: A 2018-008 Applicant: Lin Corp Solutions Inc. Property Location: 1087 Weber Street East Legal Description: Lot 113, Plan 307 Appearances: In Support: M. & J. Cheng Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to locate a financial establishment in an existing commercial/residential dwelling having a lot width of 12.3m rather than the required 16m; a westerly side yard setback of 0.6m rather than the required 3m; an easterly side yard setback 1.8m rather than the required 3m; a rear yard setback of 6m rather than the required 7.5m; and, a front yard setback of 4.5m rather than the required 6m. The Committee considered Community Services Department report CSD-18-031 dated February 13, 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 February 8, 2018, advising while they have no concerns with this application, they noted any redevelopment application on these lands would require a dedicated road widening up to 13.10m from Weber Street centre line. Mr. J. Cheng and Ms. M. Cheng were in attendance in support of the subject application and staff recommendation. Moved by Ms. P. Kolhi Seconded by Mr. B. McColl That the application of LINCORP SOLUTIONS INC. requesting permission to locate a financial establishment in an existing commercial/residential dwelling having a lot width of 12.3m rather than the required 16m; a westerly side yard setback of 0.6m rather than the required 3m; an easterly side yard setback 1.8m rather than the required 3m; a rear yard setback of 6m rather than the required 7.5m; and, a front yard setback of 4.5m rather than the required 6m, on Lot 113, Plan 307, 1087 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit from the Building Division to address the conversion of the building from a residential use to a commercial use. 2. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division to establish the Financial Establishment use on the property. 3. That the owner shall obtain Site Plan approval to the satisfaction of the Manager of Site Development and Customer Service. 4. That the owner shall obtain a sign permit from the Planning Division for the existing ground-supported and fascia signs on site. 5. That the owner shall obtain a business license for the Financial Establishment from the Licensing Division to the satisfaction of the Manager of Licensing. 6. That the owner shall complete Conditions 1 to 6, as noted above, prior to August 31, 2018. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 20 - CITY OF KITCHENER 4. Submission No.: A 2018-008 (Cont’d) It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 5. Submission No.: A 2018-009 Applicant: Kevin Wilson Property Location: 211 Strange Street Legal Description: Part Lot 492, Plan 377 Mr. A. Head declared a pecuniary interest as he owns property in the general vicinity and did not participate in any voting or discussion in this matter. Mr. B. McColl assumed the Chair. Appearances: In Support: K. Wilson G. Sedra S. Thomas Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing single detached dwelling having an enclosed porch with a front yard setback of 4.16m rather than the required 4.5m; a southerly side yard setback of 2.79m whereas 3m is required where there is a driveway; a northerly side yard setback of 0.183m rather than the required 1.2m; to permit a setback from the property line for the required parking of 1.5m rather than the required 6m; and, to legalize an existing southerly side yard setback of 0.497m for an accessory structure rather than the required 0.6m. The Committee considered Community Services Department report CSD-18-032 dated February 12, 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 February 8, 2018, advising they have no concerns with this application. Mr. S. Thomas addressed the Committee in support of the subject application and the staff recommendation. He indicated the property has been issued an Order to Comply under Property Standards and the subject variance request would allow the property owner to reconstruct the enclosed porch, which is currently in existence this date but is in non-compliance with the property standards By-law. In response to questions, Mr. K. Wilson advised the stairs referenced in the staff report have already been removed to address recent sewer repairs that were required on-site. Moved by Ms. P. Kolhi Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 21 - CITY OF KITCHENER 5. Submission No.: A 2018-009 (Cont’d) That the application of KEVIN WILSON requesting permission to legalize an existing single detached dwelling having an enclosed porch with a front yard setback of 4.16m rather than the required 4.5m; a southerly side yard setback of 2.79m whereas 3m is required where there is a driveway; a northerly side yard setback of 0.183m rather than the required 1.2m; to permit a setback from the property line for the required parking of 1.5m rather than the required 6m; and, to legalize an existing southerly side yard setback of 0.497m for an accessory structure rather than the required 0.6m, on Part Lot 492, Plan 377, 211 Strange Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit for the enclosed front porch. 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 Mr. A. Head re-entered the meeting at this time and re-assumed the Chair. 6. Submission No.: A 2018-010 Applicant: Alexander, Leanne and Daniel Persaud Property Location: 7 Peachwood Court Legal Description: Lot 192, Registered Plan 928 Appearances: In Support: A. & L. Persaud Contra: M. Chiarot A. Dickson J. Forler Written Submissions: None The Committee was advised the applicants are requesting permission to convert an existing single detached dwelling into a duplex having the required off-street parking located 2m from the property line rather than the required 6m; and, an existing driveway to be located 6.94m from the intersection of Peachwood Court and Manchester Road rather than the required 9m. The Committee considered Community Services Department report CSD-18-033 dated February 8, 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 February 8, 2018, advising they have no concerns with this application. Mr. A. and Ms. L. Persaud were in attendance in support of the subject application and staff recommendation. Mr. Persaud stated the garage was converted by the previous owner and the subject application is intended to legalize what is currently in existence this date. He noted there are no further changes proposed to the exterior of the property. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 22 - CITY OF KITCHENER 6. Submission No.: A 2018-010 (Cont’d) Mr. J. Forler was in attendance in opposition to the subject application. He expressed concerns with site lines related to parking on the subject property, noting Manchester Street is a school zone and contains pedestrian crossings. He expressed further concerns with the notification process on the subject application, noting he did not receive anything in the mail regarding the subject application. Ms. A Dixon and Ms. M. Chiarot were in attendance in opposition to the subject application, noting their neighbours also submitted a petition in opposition to the subject application. They expressed concerns with the notification process, as well as the conversion of the single detached dwelling to a duplex. Ms. J. von Westerholt indicated the Notice of Hearing was published in the Waterloo Region Record on February 2, 2018 as required by the Planning Act. She stated the City goes beyond the legislated requirements by circulating the courtesy Notice of Hearing to all property owners located within a 30m radius of the subject property. In addition, a new procedure began in 2018 with the City requiring the applicant to install a sign on the subject property advising neighbours of the subject application. The Chair stated in his opinion, although there may be some challenges with providing notice, a number of methods were used to inform neighbouring property owners of the subject application. He indicated although concerns were raised regarding duplexing, there are very few areas within the City that prohibit duplexing. He further advised that the applicants are requesting permission to legalize what was already in existence when they purchased the property. He noted although it is not ideal that they are asking for permission after the conversion has taken place, the current owners are attempting to correct what is currently not in compliance. In response to questions, Mr. Persaud advised a fence and large tree are currently in existence in front of the second parking space. He indicated it was their preference to seek a minor variance rather than altering what is currently in existence. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of ALEXANDER, LEEANNE and DANIEL PERSAUD requesting permission to legalize an existing duplex having the required off-street parking located 2m from the property line rather than the required 6m; and, an existing driveway to be located 6.94m from the intersection of Peachwood Court and Manchester Road rather than the required 9m, on Lot 192, Registered Plan 928, 7 Peachwood Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owners shall obtain a building permit from the City’s Building Division for the conversion of a single detached dwelling to a duplex dwelling by September 1, 2018. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 23 - CITY OF KITCHENER 7. Submission No.: A 2018-011 Applicant: Edmund Kent Jr Kopf Property Location: 241-247 Ottawa Street South Legal Description: Part Lots 276 to 279, Plan 262 Appearances: In Support: T. Tran Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for the existing commercial residential dwelling to have a personal service use having a minimum of 141 sq.m. of office use rather than the required 4700 sq.m.; for a personal service use to occupy 50% of the commercial space rather than the permitted maximum of 20%; to legalize the building municipally addressed as 241 Ottawa Street South at the rear of the property having a easterly side yard setback of 0.1m rather than the required 1.2m; and, a rear yard setback of 0.6m rather than the required 7.5m; to legalize the existing stairs and platform to be located 0m from easterly lot line rather than the required 0.75m; and, to permit 2 off-street parking spaces for the business use to be located in tandem whereas the By-law requires parking spaces for businesses to be independently accessible. The Committee considered Community Services Department report CSD-18-034 dated February 13, 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 February 8, 2018, advising they have no concerns with this application. Mr. T. Tran was in attendance in support of the subject application but requested clarification on Condition 3 as indicated in the staff report. Ms. J. von Westerholt advised Condition 3 would require the applicant either to enter into an encroachment agreement with the City for the stairs and landing way or to remove those items. She indicated staff would provide options for the applicant to work with the City to address those features encroaching onto City lands. Mr. A. Head suggested and it was agreed to amend the deadline to complete the conditions from May 31, 2018 to August 31, 2018. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of EDMUND KENT JR KOPF requesting permission for the existing commercial residential dwelling to have a personal service use having a minimum of 141 sq.m. of office use rather than the required 4700 sq.m.; for a personal service use to occupy 50% of the commercial space rather than the permitted maximum of 20%; to legalize the building municipally addressed as 241 Ottawa Street South at the rear of the property having a easterly side yard setback of 0.1m rather than the required 1.2m; and, a rear yard setback of .06m rather than the required 7.5m; to legalize the existing stairs and platform to be located 0m from easterly lot line rather than the required 0.75m; and, to permit 2 off-street parking spaces for the business use to be located in tandem whereas the By-law requires parking spaces for businesses to be independently accessible, on Part Lots 276 to 279, Plan 262, 241-247 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division for any business proposed for the commercial building. 2. That the owner shall obtain Site Plan approval from the Planning Division; and, that it notes the tandem parking spaces are to be utilized by the employees. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 24 - CITY OF KITCHENER 7. Submission No.: A 2018-011 (Cont’d) 3. That the owner shall obtain an encroachment agreement for the stairs, platform, steel beam and detached shed located on City lands or that the encroaching items be removed from the City owned lane. 4. That the owner shall obtain a building permit from the Building Division for the renovation of the building in the rear yard. 5. That the owner shall complete Conditions 1 to 4, as noted above, be completed no later than August 31, 2018. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 8. Submission No.: A 2018-013 Applicant: Node Kitchener Inc. Property Location: 65, 71 & 79 Madison Avenue South Legal Description: Part Lot 4, Plan 365 and Part Lot 5, Plan 390 Appearances: In Support: V. Labreche Contra: R. Neumann C. Wynia Written Submissions: None The Committee was advised the applicant is requesting permission to construct a four-storey 38- unit multi-residential development having a building height of 17.16m rather than the maximum permitted height of 10.5m; a Floor Space Ratio (FSR) of 0.849 whereas the By-law permits a maximum FSR of 0.6; and, to permit 40 off-street parking spaces (1.05 spaces/per unit) rather than the required 48 off-street parking spaces (1.25 spaces/per unit). The Committee considered Community Services Department report CSD-18-036 dated February 12, 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 February 8, 2018, advising they have no concerns with this application. Ms. J. VonWesterholt noted a clerical error in the staff recommendation. She stated the parking variance should reflect 1.05 spaces/per unit rather than the required 1.25 spaces/per unit. Mr. V. Lebreche addressed the Committee in support of the subject application and the amended staff recommendation. He indicated the proposed multi-residential development has received Site Plan Approval in Principle in December 2017. He indicated the development also meets many of the new intensification policies for the subject area and the proposed parking reduction is in COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 25 - CITY OF KITCHENER 8. Submission No.: A 2018-013 (Cont’d) conformity of the City-wide parking analysis that is due to be improved through the Comprehensive Review of the Zoning By-law (CRoZBY). He noted once the new Zoning By-law is approved, the parking reduction variance will no longer be required. Mr. Labreche further advised there are a number of similar buildings in the general vicinity that are of similar height, noting the rear of the property, due to the grading, is where the majority of the building height will be visible. In response to questions, he indicated the development will contain a mix of 1 and 2 bedroom units and it is anticipated they will be rentals. Mr. R. Neumann addressed the Committee in opposition to the subject application. He indicated he lives in the adjacent property municipally addressed as 61 Madison Ave South. He stated in his opinion the variance requested for the building height is not minor, indicating it is 64% more than what the Zoning By-law currently permits. He expressed concerns with the increase in Floor Space Ratio, as well as increased traffic and water run-off. He further advised the staff report speaks to other buildings of similar size in the vicinity and questioned which buildings the report was referencing. Ms. J. von Westerholt stated when reviewing minor variance applications to determine whether a request is minor, consideration is not always given to percentages or numbers when making a recommendation. As noted by the applicant, the grade at the rear of the property does slope downwards and the building height would be measured at the tallest point. She further advised there are other buildings within the general vicinity that are of similar scale and massing and in the case of the proposed redevelopment, it is within an area identified for intensification as it is in close proximity of the Light Rail Transit (LRT) line. She stated the size of the lots and the emphasis on redevelopment in the subject area encourages these types of developments. The Chair noted with the typography on the subject property the majority of the height will be at the rear of the subject property, noting the front of the building will seem much shorter than what is being requested in the subject application. He further advised the concerns raised regarding water run-off would have been reviewed and addressed through the Site Plan approval process, as all water run-off would need to be contained on the subject property. Mr. C. Wynia addressed the Committee in opposition of the subject application, noting he lives directly across the street from the subject properties. He expressed concerns with a high-density multi-residential dwelling being constructed without adequate parking, concerns with soil quality and the impacts of the vibrations from construction on neighbouring properties. He stated in his opinion the variance for the proposed height of the building is not minor. He further advised he has spoken with a number of his neighbours who are also in opposition to the development, noting they were unable to be in attendance this date. Mr. Wynia advised in his opinion it appeared the City had already provided the necessary approvals for the proposed development and the subject application was a formality of the process. He expressed further concerns regarding the notice, adding he only received a copy of the staff report this date. The Chair acknowledged the concerns raised by the neighbouring property owners, advising that although the construction phase can be challenging, developments such as the one being proposed often help to improve the neighbourhood. He indicated the subject area has been identified for redevelopment due to the LRT, adding it is anticipated that will have positive effects on the neighbourhood. Ms. J. von Westerholt stated the Notice of Hearing was published in the Waterloo Region Record on February 2, 2018 as required by the Planning Act. She noted the City goes beyond the legislated requirements by circulating the courtesy Notice of Hearing to all property owners located within a 30m radius of the subject property. In addition, a new procedure began in 2018 with the City requiring the applicant to install a sign on the subject property advising neighbours of the subject application. Questions were raised regarding possible impacts from construction, specifically potential vibration to the neighbouring properties. Ms. von Westerholt indicated those concerns would need to be addressed by a structural engineer. She noted it would be up to the applicant to reach out to the neighbhouring property owners to discuss this matter further if it was their wish. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 26 - CITY OF KITCHENER 8. Submission No.: A 2018-013 (Cont’d) Mr. Head noted everyone in attendance this date would receive a copy of the Committee’s decision and any appeal would be to the Ontario Municipal Board. He stated when reviewing an application, the Committee must take into consideration the good of the entire City when making their decision. He stated the proposed area is a good candidate for redevelopment due to the lot sizes and the LRT. Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of NODE KITCHENER INC. requesting permission to construct a four- storey 38-unit multi-residential development having a building height of 17.16m rather than the maximum permitted height of 10.5m; a Floor Space Ratio (FSR) of 0.849 whereas the By-law permits a maximum FSR of 0.6; and, to permit 40 off-street parking spaces (1.05 spaces/per unit) rather than the required 48 off-street parking spaces (1.25 spaces/per unit), on Part Lot 4, Plan 365 and Part Lot 5, Plan 390, 65, 71 & 79 Madison Avenue South, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 9. Submission No.: A 2018-014 Applicants: Spavest Inc. and Frank and Mary Ellen Jungton Property Location: 223, 229 & 235 Heiman Street Legal Description: Subdivision of Lot 18 and Part Lot 70, German Company Tract Appearances: In Support: K. Wills X. Lu Contra: S. Hasiu Written Submissions: None The Committee was advised the applicants are requesting permission to construct a second multi-residential dwelling on the subject property which currently contains a 3-storey multi- residential dwelling having 23-units, with the proposed dwelling being 6-stories in height having 55-units and the overall site is proposed to have a total Floor Space Ratio (FSR) of 1.16 rather than the permitted maximum FSR of 1 for all uses on site. The Committee considered Community Services Department report CSD-18-037 dated February 8, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated February 8, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 27 - CITY OF KITCHENER 9. Submission No.: A 2018-014 (Cont’d) Ms. K. Wills and Mr. X. Lu were in attendance in support of the subject application and staff recommendation. She stated the subject application is to approve a Floor Space Ratio (FSR) that complies with the Official Plan permiting an FSR of 2.0. She stated the development is proposed for affordable housing and supported by the Region of Waterloo. Mr. S. Hasiu addressed the Committee in opposition to the subject application. He stated he owns the property directly across the street and when previously requesting a minor variance for the height of that property, he was directed by staff to reduce the height of the proposed dwelling from three stories to two stories. He noted he has concerns with the number of units being proposed for the subject property, which may lead to increased traffic on a dead-end street. Mr. Hasiu indicated he is developing lots within the area with a goal of improving the demographic in the area and in his opinion, an increase in affordable housing may have adverse impacts on the improvement to the community. In response to questions, Ms. J. von Westerholt advised the Official Plan for this site permits a 2.0 FSR and the proposed development meets the intent of the Official Plan. She indicated she was unable to address the comments made by the neighbouring property owner regarding his property as she was unsure of that situation at this time. She stated the subject property is Zoned R7 and is permitted to have a building up to 8 stories in height. Questions were raised regarding the approval process. Ms. Wills advised the proposed development received Site Plan Approval in principle in October 2017 and the applicants are still in the process of fulfilling the conditions imposed through that process. It was noted that although the proposed development is intended as affordable housing, it does not mean that will adversely impact the overall health of the community. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of SPAVEST INC., FRANK and MARY ELLEN JUNGTON requesting permission for a multi-residential development to have a total Floor Space Ratio (FSR) of 1.16 rather than the permitted maximum FSR of 1 for all uses on site, on Part Lot 70, Subdivision of Lot 18 and Part Lot 70, German Company Tract, 223, 229 & 235 Heiman 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 The Committee recessed at 11:24 a.m. and reconvened at 11:30 a.m., Chaired by Mr. A. Head with all members present. 10. Submission No.: A 2018-015 Applicant: Anna K. Marshall Holdings Inc. Property Location: 298 Mill Street Legal Description: Part Lots 11 & 12, Subdivision of Lot 18, German Company Tract, being Parts 3 & 4 on Reference Plan 58R-10538 COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 28 - CITY OF KITCHENER 10. Submission No.: A 2018-015 (Cont’d) Appearances: In Support: A. Ruge R. Sajkunovic D. Stiplosek Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize a duplex with an existing front porch to have a front yard setback of 1.47m rather than the required 4.5m; for the existing porch to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; construction of an artisans studio on the second floor of the existing garage to have a floor area of 66 sq.m. rather than the permitted maximum of 15 sq.m.; and, for the accessory building to have a building height and fascia height of 8m rather than the maximum building height of 5.5m and 3m for the fascia. The Committee considered Community Services Department report CSD-18-038 dated February 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, Transportation Planner dated February 8, 2018, advising they have no concerns with this application. Mr. A. Ruge was in attendance in support of the subject application and staff recommendation. In response to questions, he confirmed the person who will be occupying the studio above the garage does reside at the property. Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of ANNA K. MARSHALL HOLDINGS INC. requesting permission to legalize a duplex with an existing front porch to have a front yard setback of 1.47m rather than the required 4.5m; for the existing porch to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; construction of an artisans studio on the second floor of the existing garage to have a floor area of 66 sq.m. rather than the permitted maximum of 15 sq.m.; and, for the accessory building to have a building height and fascia height of 8m rather than the maximum building height of 5.5m and 3m for the fascia, on Part Lots 11 & 12, Subdivision of Lot 18, German Company Tract, being Parts 3 & 4 on Reference Plan 58R-10538, 298 Mill Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit from the City’s Building Division by December 31, 2018 to the satisfaction of the Chief Building Official. 2. That the owner shall obtain a Zoning (Occupancy) Permit for the artisan’s studio to the satisfaction of the Director of 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. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 29 - CITY OF KITCHENER 10. Submission No.: A 2018-015 (Cont’d) 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 2018-005 Applicants: Elzbieta and Jerzy Kolosa Property Location: 94 Morgan Avenue Legal Description: Part Lot 24, Registered Plan 959 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 9.144m, a depth of 32.620m and an area of 298 sq.m. The retained land will have a width of 9.144m, a depth of 32.620m and an area of 298 sq.m. Both lots will continue to be for residential use. The Committee considered Community Services Department report CSD-18-039 dated February 12, 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 February 12, 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 the applicant enter into a Registered Development Agreement with the Region of Waterloo 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 lot: a. The dwellings will be fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. b. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the severed lot: i. “Purchasers/tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from the CN railway mainline 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.” COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 30 - CITY OF KITCHENER 1. Submission No.: B 2018-005 (Cont’d) ii. “This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change.” Mr. P. Haramis was in attendance in support of the subject application and staff recommendation. Moved by P. Kohli Seconded by B. McColl That the application of ELZBIETA and JERZY KOLOSA requesting permission to sever a parcel of land having a width of 9.144m, a depth of 32.620m and an area of 298 sq.m., on Part Lot 24, Registered Plan 959, 94 Morgan Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property 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 to the severed and retained lots, along with elevation drawings, to the satisfaction of the Director of Planning, illustrating that the proposed dwellings will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to the issuance of any building permit. 5. That the owner shall make financial arrangements to the satisfaction of the City’s Engineering Services Division for the installation of all new service connections and the removal of redundant services to the retained lands. 6. 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. 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Services Division. 9. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 10. That the owner shall provide Engineering Services staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and force main to the property line and have a gravity sewer from the property line to the street, at the cost of the owner. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 31 - CITY OF KITCHENER 1. Submission No.: B 2018-005 (Cont’d) 11. 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 $4,206.24. 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. Any alterations 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. 13. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 14. That the owner shall enter into a Registered Development Agreement with the Region of Waterloo 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 lot: a. The dwellings will be fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. b. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the severed lot: i. “Purchasers/tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from the Canadian National Railway (CNR) mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change.” ii. “This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change.” It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 32 - CITY OF KITCHENER 1. Submission No.: B 2018-005 (Cont’d) 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 February 20, 2020. Carried 2. Submission Nos.: B 2018-006 to B 2017-009 Applicant: Bob and Alison Lafrance Property Location: 883 Doon Village Road Legal Description: Part Lot 2, Biehn’s Tract, Block 1 Plan 1445 Appearances: In Support: D. Aston V. Hicks B. & A. Lafrance B. Hanson Contra: M. Boyle Closs J. Wajda C. & M. Arges L. & Lee Ilidio Ventura B. Glofcheskie A. & S. Escamilla R. Talty K. Kuzyk L. Gresham I. & R. Hoffman T. & S. Keller W. Manning Y. Fernandes S. McCullough Written Submissions: F. Carbray K. Wallbank J. Westfall L. Altman K. Kuzyk A. & S. Escamilla S. & A. McCullough T. Keller I. Hoffman R. Hoffman J. Wajda The Committee was advised the applicant is requesting permission to sever 4 lots for residential development and retain 1 lot. The four proposed lots will front onto Bechtel Drive and the retained land will front onto Doon Village Road. The Coach House is proposed to be relocated to the retained land closer to the existing dwelling. The proposed lots will have the following dimensions: B 2018-006 (Lot 1 - Corner of Doon Village Road and Bechtel Drive) having a width (on Bechtel Drive) of 18.3m, a depth (on Doon Village Road) of 25.1m and an area of 458 sq. m. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 33 - CITY OF KITCHENER 2. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) B 2018-007 (Lot 2) having a width (on Bechtel Drive) of 18.2m, a depth of 25.1m and an area of 456 sq. m. B 2018-008 (Lot 3) having a width (on Bechtel Drive) of 18.2m, a depth of 25.0m and an area of 456 sq. m. B 2018-009 (Lot 4) having a width (on Bechtel Drive) of 18.5m, a depth of 25.0m and an area of 462 sq. m. The retained land will have a width (on Doon Village Road) of 48.1m, a depth of 73.2m and an area of 3,519 sq. m. The Committee considered Community Services Department report CSD-18-040 dated February 13, 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 February 12, 2018, advising they have no objection to these applications, subject to the following conditions: 1. That prior to final approval, the applicant will submit an archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo’s Planning, Development and Legislative Services Department. 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 severed lots 1 and 2: a. The dwellings will be fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. b. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: i. Purchasers/tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. ii. Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and ClimateChange. iii. This dwelling unit has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. Mr. D. Aston and Ms. V. Hicks were in attendance in support of the subject applications and staff recommendation. Mr. Aston advised the applications before the Committee this date are Planning COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 34 - CITY OF KITCHENER 2. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) Act applications for the creation of lots. He indicated the applicant has had significant dialogue with the City prior to the meeting this date through a comprehensive application process. He stated the subject applications have been reviewed by Heritage Planning staff and through Heritage Kitchener, the City’s Heritage Advisory Committee. Mr. Aston indicated prior to attending this Committee, consideration has also been given to site servicing, site grading, tree preservation, noise assessments, and structural assessments of the Coach House (Hog and Hen house). He stated a Heritage Impact Assessment (HIA) was completed by Ms. Hicks in support of the subject applications. Mr. Aston advised the staff report indicates there are no objections from the City’s perspective, noting the lots are Zoned R4 and permit construction of single detached dwellings as proposed. He indicated there is a mandate to intensify within the built boundary and the subject lot is within that built boundary. The proposed severances demonstrate efficient use of land and services that are already in existence this date. Mr. Aston further advised there are no issues with compatibility; single detached dwellings are appropriate for the neighbourhood and would have their own street access. He indicated comments were received from the Region of Waterloo and the Grand River Conservation Authority (GRCA) and neither of those agencies had any concerns with the subject application. Mr. Aston requested the subject applications be approved as recommended. In response to questions, Mr. Aston advised a structural engineer has reviewed the structural quality of the Coach House and has confirmed it can be relocated. Ms. I. Hoffman, Mr. R. Hoffman, Ms. J. Wajda, Ms. S. McCullough and Ms. S. Keller addressed the Committee in opposition to the subject applications. They expressed concerns with the notification process, noting a number of the residents within the 30m radius of the property still have not received the courtesy Notice of Hearing this date. Further concerns were addressed with matters such as: the impacts of the historic landscape of the community; the loss of heritage views of the farm house from Bechtel Drive; the impacts to the trees and landscaping on the subject property; discrepancies within the HIA and staff regarding the heritage of the property and its historic value; impacts the severances would have on the neighbouring community; and, the possible adverse impacts on the neighbourhood. It was requested that the applications be refused, and if not refused deferred to allow the community a greater opportunity to review the subject applications. In response, Ms. M. Drake provided clarification of her comments as noted in the staff report related to the heritage review of the subject applications. She stated Heritage Planning staff rely on evidence-based information when commenting on any application. She stated although there have been concerns about the loss of historic views from Bechtel Drive, the views in her opinion are not visible from the public realm. She stated an image is contained within the HIA from Bechtel Drive, noting that view can only be achieved from the private realm and any view seen from Bechtel Drive would have been established in the 1980’s when Bechtel Drive was constructed. She further advised her comments regarding the Coach House do not diminish the heritage value of that dwelling; rather, her comments indicate the Benjamin Burkholder House (BBH) is the only attribute mentioned in the Heritage Designation By-law. She indicated she has inspected the subject property on more than one occasion and she can confirm the views of the side of the Coach House are minimal due to vegetation. Ms. Drake acknowledged the neighbour’s comments regarding trees and landscaping and clarified Heritage Designation By- laws would not prohibit property owners from planting trees or constructing fences on their property. She noted the cultural value of the Coach House is its connection to the farmhouse itself. She stated there is no complete view of both structures from the public realm; when standing on the street, portions of the Coach House can be seen; however, those views were only established with the construction of Bechtel Drive. Mr. T. Kelly addressed the Committee in opposition to the subject applications. He stated their family had previously owned the subject property and had contacted the City in 2007 regarding possibly severing the lot at that time. He indicated they spoke with Mr. L. Bensason, Coordinator of Cultural Heritage Planning, who advised the City would not likely permit severing more than one or two lots from the subject property. Mr. Kelly stated the current owner is now proposing to sever four 18m wide lots off the side of the property. He indicated he was also told he would likely be required to submit a Heritage Permit Application (HPA) as part of the severance process. He COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 35 - CITY OF KITCHENER 2. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) stated in his opinion, the proposal of four lots would significantly diminish the heritage attributes of the subject property. He expressed disbelief that the opinions of Heritage Planning staff would differ so much since 2007 and that staff would recommend approval of the subject applications. In response, Ms. Drake advised she was aware of the City’s previous correspondence with Mr. Kelly, noting the comments provided to his family at the time were not part of a formal application process. She stated in the past 10 years there have been changes to the Planning processes which allow Heritage Planning staff to request a HIA to evaluate the heritage value and significance of a property, as well as potential impacts development may have. She indicated the current owners submitted a formal Planning application and the HIA was requested as part of that review. She advised that Planning staff would have informed Mr. Kelly that a HPA was required for the severance process. Ms. Drake noted since that time Planning staff have reviewed the Ontario Heritage Act requirements, and where the landscape of a designated property was not identified as an attribute, staff no longer request HPA. She stated this change has been consistent, so a HPA was not requested for the subject applications. In response to questions, Ms. Drake advised the correspondence between Mr. Bensason and Mr. Kelly was in response to an informal request, not a formal Planning Act application. Ms. Yvonne Fernandes addressed the Committee in opposition to the subject application. She noted as a long-time resident of the area and Ward Councillor she had concerns with the amount of notice that was provided to the community regarding the subject application. She stated in her opinion the cultural heritage landscape for the property should include the whole property, not bits and pieces. She indicated the property is on the Canadian Historic Places website and should not be downgraded in historic value. She stated she is opposed to the historic house being sandwiched in the middle of an urban development. Ms. Fernandes suggested comments from Jean Haalboom, former Regional Councillor and member of the Region’s Heritage Advisory Committee, that were circulated to the Heritage Kitchener Advisory Commiittee should be given greater consideration. She stated in her opinion, approving the severance would forever transform the site, adding this application appears to be putting profit over history. She indicated the subject property is not within an intensification area, and requested the applications be refused or deferred to permit the opportunity for a public meeting to allow the community to further review the applications. Ms. Fernandes further advised there is a precedence for a deferral, noting a previous Committee of Adjustment application with heritage implications on Margaret Avenue was deferred to allow further public consultation prior to the Committee’s consideration. Mr. Truski addressed the Committee in opposition to the subject application and the staff recommendation. He stated concerns with the possibility of the same person purchasing all four lots, consolidating them again, and later requesting more than the four severances than are being proposed this date. In response, Ms. von Westerholt advised the current R4 zone would not permit townhouses. In addition, she stated in order to merge them again a legal process would be required. Ms. L. Gresham advised she was in attendance this date in opposition to the staff recommendation. She stated in her opinion, not enough consideration has been given to the historical value of the Coach House in its existing location. Mr. Aston indicated there appear to be three main themes expressed by the neighbourhood, being: Heritage Planning; rules and change; and, concerns with intensification. He stated these points were addressed and the applications were fully vetted through the Heritage Planning process. Mr. Aston stated the applications before the Committee this date are not Heritage applications; rather, they are Planning Act applications for the creation of four residential lots. He indicated that over the past 10 years Planning policies have changed and there is a greater emphasis on development within the built area. He stated although the applications are not in identified intensification areas, they are within the built boundary. He added Provincial Policy statements indicate that intensification should occur within the built boundary to utilize existing services where there is opportunity to do so. Mr. Aston further advised no changes are being proposed to the Zoning on the subject property and requested those matters be considered when making the decision on the subject applications. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 36 - CITY OF KITCHENER 2. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) Mr. McColl stated in his opinion, the subject applications seem very simple and if they were proposed for vacant land, the Committee would have likely already rendered a decision. He questioned if in this situation, does heritage have greater value over development. He indicated he has not seen the HIA as mentioned by the neighbours and the staff report. He stated there seems to be some confusion regarding communication with the previous owners when they inquired about possibly severing the lot. He further advised he did not have enough information this date to make an informed decision. Mr. B. McColl brought forward a motion to defer the subject applications to allow the Committee an opportunity to review the HIA and the relevant minutes from the Heritage Kitchener meeting. Ms. P. Kohli indicated the comments in the staff report regarding the Heritage Kitchener Committee meeting mention the Committee expressed concerns regarding the subject applications. She indicated their concerns were not clearly outlined within the Report. Ms. Drake requested clarification on what information the Committee would like to receive. Ms. von Westerholt noted she could circulate the information within a one-month period of time, noting the applications could be deferred to the March meeting if that was satisfactory to the Committee. Mr. Aston expressed concerns with the deferral motion, stating Planning staff has recommended approval of the subject applications on the Planning Act merits, which includes a heritage component, that has gone through considerable review. The Chair noted the Committee of Adjustment is a public Planning Committee that also needs to take into consideration concerns from the community, not solely the Planning policies. He stated he would like to receive additional information on the history related to the property, including the HIA, prior to making a decision on the subject applications. He stated in his opinion, the addition of four lots would change the lotting fabric for this property indefinitely. Mr. McColl noted he has no concerns with the proposed lots; rather, he has a greater concern with the possible precedence this may have on future Planning Applications for heritage properties. He requested the additional heritage information be circulated to the Committee a minimum of one week prior to the Committee meeting. Ms. Drake stated for clarification, staff will circulate the following documents to the Committee: the HIA; the 1980 Designation By-law; history of the communication to the previous property owners; and, a copy of the relevant Heritage Kitchener minutes. Ms. Fernandes indicated a one-month deferral would not provide adequate time to host a public meeting to further consult with the Community. She requested a two or three month deferral for the subject applications. Mr. McColl noted he would prefer deferring the applications for two months to allow the Committee time to receive the additional information and to allow the community an opportunity to further review the subject applications. Ms. von Westerholt requested the Committee to note for the record that the applications before the Committee this date are Planning Act applications, they are not applications under the Ontario Heritage Act. Moved by Mr. B. McColl Seconded by Ms. P. Kohli COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 37 - CITY OF KITCHENER 2. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) That the application of Bob and Alison Lafrance requesting permission to sever 4 lots that would front onto Bechtel Drive for residential development and retain 1 lot that will front onto Doon Village Road, on Part Lot 2, Biehn’s Tract, Block 1 Plan 1445, 883 Doon Village Road, Kitchener, BE DEFERRED, to the April 17, 2018 Committee of Adjustment meeting, to allow for an opportunity for the Committee to receive additional heritage information on the subject property and to allow the neighbouring community an opportunity to further review the subject applications. Carried 3. Submission Nos.: B 2018-010 & B 2018-011 Applicant: Primeland Developments (2003) Limited Property Location: Block 28 Rockcliffe Drive Legal Description: Part Lots 11, 12 & 13, Biehn’s Tract, Part Lots 176 to 180 et al, Plan 640, being Parts 5, 6 & 7 on Reference Plan 58R-5367 and Part 4 on Reference Plan 58R-14525 Appearances: In Support: N. Bogaert J. Pinzon B. Radovic K. Griffin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever 2 lots for residential development and retain 1 lot. The proposed lots will be municipally addressed as 155-163 Rockcliffe Drive, and will have the following dimensions: B 2018-010 (Severed Lot 1) having a width of 14.12m, a depth of 36m and an area of 419 sq.m. B 2018-011 (Severed Lot 2) having a width of 17.91m, a depth of 33.6m and an area of 451 sq.m. The retained land will have a width of 14.22m, a depth of 35.99m and an area - 425 sq. m. The Committee considered Community Services Department report CSD-18-041 dated February 9, 2018, recommending approval of these applications subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated February 12, 2018, advising they have no objection to these applications. Mr. N. Bogaert was in attendance in support of the subject application and staff recommendation. At the request of Ms. D. Saunderson, it was agreed that Condition 1 would be amended to require the applicant to obtain a tax certificate to receive clearance on that condition. Submission No.: B 2017-010 Moved by Ms. P. Kohli Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 38 - CITY OF KITCHENER 3. Submission Nos.: B 2018-010 & B 2018-011 (Cont’d) That the application of PRIMELAND DEVELOPMENTS (2003) LIMITED requesting permission to sever a parcel of land identified as Lot 1 on the plan submitted with the application to have a width of 14.12m, a depth of 36m and an area of 419 sq. m., on Part Lots 11, 12 & 13, Biehn’s Tract, Part Lots 176 to 180 et al, Plan 640, being Parts 5, 6 & 7 on Reference Plan 58R-5367 and Part 4 on Reference Plan 58R-14525, Block 28, Rockcliffe Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify 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 the Consent Application Review Fee of $350.00 to the Region of Waterloo. 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 February 20, 2020. Submission No.: B 2017-011 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of PRIMELAND DEVELOPMENTS (2003) LIMITED requesting permission to sever a parcel of land identified as Lot 2 on the plan submitted with the application to have a width of 17.91m, a depth of 33.6m and an area of 451 sq.m., on Part Lots 11, 12 & 13, Biehn’s Tract, Part Lots 176 to 180 et al, Plan 640, being Parts 5, 6 & 7 on Reference Plan 58R-5367 and Part 4 on Reference Plan 58R-14525, Block 28, Rockcliffe Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 39 - CITY OF KITCHENER 3. Submission Nos.: B 2018-010 & B 2018-011 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 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 February 20, 2020. Carried COMBINED APPLICATIONS: 1. Submission Nos.: B 2018-012, A 2018-016 & A 2018-017 Applicant: Primeland Developments (2003) Limited Property Location: Block 29, Rockcliffe Drive Legal Description: Part Lots 11, 12 & 13, Biehn’s Tract, Part Lots 176 to 180 et al, Plan 640, being Parts 5, 6 & 7 on Reference Plan 58R-5367 and Part 4 on Reference Plan 58R-14525 Appearances: In Support: N. Bogaert J. Pinzon B. Radovic K. Griffin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 10.973m, a depth of 36m and an area of 395 sq.m. The retained land will have a width of 10.973m, a depth of 36m and an area of 395 sq.m. Permission is also being requested for a minor variance on the severed land to permit a lot width of 10.973 rather than the required 11.5m; and, permission for a minor variance on the retained land to permit a lot width of 10.973 rather than the required 11.5m. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 40 - CITY OF KITCHENER 1. Submission Nos.: B 2018-012, A 2018-016 & A 2018-017 (Cont’d) The Committee considered Community Services Department report CSD-18-042 dated February 9, 2018, recommending approval of these 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 February 12, 2018, advising they have no objection to application B 2018-012. The Committee considered the report of the Region of Waterloo, Transportation Planner dated February 8, 2018, advising they have no concerns with applications A 2018-016 and A 2018-017. Mr. N. Bogaert was in attendance in support of the subject application and staff recommendation. At the request of Ms. D. Saunderson, it was agreed that Condition 1 would be amended to require the applicant to obtain a tax certificate to receive clearance on that condition. Submission No.: B 2018-012 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of PRIMELAND DEVELOPMENTS (2003) LIMITED requesting permission to sever a parcel of land having a width of 10.973m, a depth of 36m and an area of 395 sq.m., on Part Lots 11, 12 & 13, Biehn’s Tract, Part Lots 176 to 180 et al, Plan 640, being Parts 5, 6 & 7 on Reference Plan 58R-5367 and Part 4 on Reference Plan 58R-14525, Block 29 Rockcliffe Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify 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 receive final approval of Minor Variance Applications A 2018-016 and A 2018-017. 4. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 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 FEBRUARY 20, 2018 - 41 - CITY OF KITCHENER 1. Submission Nos.: B 2018-012, A 2018-016 & A 2018-017 (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 February 20, 2020. Carried Submission No.: A 2018-016 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of PRIMELAND DEVELOPMENTS (2003) LIMITED requesting permission to permit a lot width of 10.973 rather than the required 11.5m, on Part Lots 11, 12 & 13, Biehn’s Tract, Part Lots 176 to 180 et al., Plan 640, being Parts 5, 6 & 7 on Reference Plan 58R-5367 and Part 4 on Reference Plan 58R-14525, Block 29 Rockcliffe 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 Submission No.: A 2018-017 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of PRIMELAND DEVELOPMENTS (2003) LIMITED requesting permission to permit a lot width of 10.973 rather than the required 11.5m, on Part Lots 11, 12 & 13, Biehn’s Tract, Part Lots 176 to 180 et al., Plan 640, being Parts 5, 6 & 7 on Reference Plan 58R-5367 and Part 4 on Reference Plan 58R-14525, Block 29 Rockcliffe 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 COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 42 - CITY OF KITCHENER 2. Submission Nos.: B 2018-013, A 2018-018 & A 2018-019 Applicant: Silicon North Real Estate Inc. Property Location: 647 & 659 Victoria Street South Legal Description: Part Lots 99, 100 & 101, Plan 786 Appearances: In Support: H. Tek D. Galbraith Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land municipally addressed as 659 Victoria Street South having a width of 15.469m, a depth of 86.125m and an area of 1481.7 sq.m. The retained land municipally addressed as 647 Victoria Street South will have a width of 23.203m, a depth of 61.861m and an area of 2298.3 sq.m. The severed land will require a minor variance for the existing single detached dwelling to have a westerly side yard setback of 0.74m rather than the required 1.5m; and, the retained land will require a minor variance to have 24 off-street parking spaces (1.2 spaces/per-unit) rather than the required 35 off-street parking spaces (1.75 spaces/per-unit); and, to permit parking in the front yard whereas the By-law does not permit parking in the front yard. The Committee considered Community Services Department report CSD-18-043 dated Feburary 9, 2018, recommending approval of these applications subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated February 12, 2018, advising they have no objection to application B 2018-013 The Committee considered the report of the Region of Waterloo, Transportation Planner dated February 8, 2018, advising they have no concerns with applications A 2018-018 and A 2018-019. Mr. D. Galbraith was in attendance in support of the subject application and staff recommendation. Submission No.: B 2018-013 Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of SILICON NORTH REAL ESTATE INC. requesting permission to sever a parcel of land municipally addressed as 659 Victoria Street South having a width of 15.469m, a depth of 86.125m and an area of 1481.7 sq.m., on Part Lots 99, 100 & 101, Plan 786, 647 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall submit a Building Code Assessment for Spatial Separation to the satisfaction of the Chief Building Official. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 43 - CITY OF KITCHENER 2. Submission Nos.: B 2018-013, A 2018-018 & A 2018-019 (Cont’d) 4. That the owner shall obtain a building permit required implementing any measures outlined in the Building Code Assessment to the satisfaction of the Chief Building Official. 5. That the owner shall receive final approval of Minor Variance Applications A 2018-018 and A 2018-019. 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 February 20, 2020. Carried Submission No.: A 2018-018 Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of SILICON NORTH REAL ESTATE NORTH requesting permission to have 23 off-street parking spaces (1.2 spaces/per-unit) rather than the required 35 off-street parking spaces (1.75 spaces/per-unit); and, to permit 4 off-street parking spaces to be located in the front yard whereas the By-law does not permit parking in the front yard, on Part Lots 99, 100 & 101, Plan 786, 647 Victoria Street South, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 44 - CITY OF KITCHENER 2. Submission Nos.: B 2018-013, A 2018-018 & A 2018-019 (Cont’d) Submission No.: A 2018-019 Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of SILICON NORTH REAL ESTATE INC. requesting permission for the existing single detached dwelling to have a westerly side yard setback of 0.7m rather than the required 1.5m, on Part Lots 99, 100 & 101, Plan 786, 659 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 3. Submission Nos.: B 2018-014, B 2018-015, A 2018-020 & A 2018-021 Applicant: Martea Developments Property Location: 185 Forfar Avenue Legal Description: Lot 3, Plan 865 Appearances: In Support: N. Orasanin Contra: J. Ykema Written Submissions: None The Committee was advised the applicant is requesting permission to sever 2 lots for residential development and retain 1 lot. The proposed lots will have frontage on Forfar Avenue. The property identified as Lot 1 (Corner of Forfar Avenue) on the plan submitted with the application will have a width of 14.04m, a depth of 29.46m and an area of 415.6 sq.m. The property identified as Lot 2 on the plan submitted with the application will have a width of 13.7m, a depth of 29.46m and an area of 394.5 sq.m. Permission is also being requested for Minor Variance approval for severed Lot 1 to permit a lot width of 14.05m rather than the required 15m; and, Minor Variance approval for severed Lot 2 to permit a lot area of 394.5 sq.m. rather than the required 411 sq.m. The retained land will have a width of 25.68m, a depth of 28.74m and an area of 615.4 sq.m. The Committee considered Community Services Department report CSD-18-044 dated February 14, 2018, recommending refusal of these applications. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated February 12, 2018, advising they have no objection to applications B 2018-014 and B 2018-015, 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 per lot created for a total of $700.00. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 45 - CITY OF KITCHENER 3. Submission Nos.: B 2018-014, B 2018-015, A 2018-020 & A 2018-021 (Cont’d) 2. That prior to final approval, the applicant submit an Environmental Noise Study, for both stationary and road noise, to the Region of Waterloo, and, if necessary, based on the findings of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the study. The Committee considered the report of the Region of Waterloo, Transportation Planner dated February 8, 2018, advising they have no concerns with applications A 2018-020 and A 2018-021. Mr. N. Orasanin was in attendance in support of the subject application. He stated he has been working with the Planning Division on the proposed development and they have a difference of opinion concerning the proposal. He circulated a presentation and walked the Committee through his application. He indicated when he initially spoke with the Planning Division there was discussion on the direction of the lots and the frontage being North or East on Forfar Avenue. He stated following that discussion, Planning staff noted it may be more appropriate that the lots front East due to the commercial uses to the North. He stated if the Committee approved the applications as requested, the retained land would be in full compliance with the Zoning By-law, whereas the severed lands would require minor variances: the first having a 1% reduction in the required lot area; and, the second being marginally smaller than the required lot width. He provided examples of other properties on Rockway Drive and Eighth Avenue that in his opinion, have had similar severance applications and were recommended for approval. He stated Planning staff note in the staff report that the established streetscape would be significantly upset along the north section of Forfar Avenue because the proposed dwellings would be located much closer to the street than the existing dwelling on the retained lots; and, that the amenity space for the proposed corner lot would be directly adjacent to the front yard of the retained dwelling, creating an awkward and undesirable lot with compatibility and privacy issues. Mr. Orasanin stated in his opinion the surrounding neighbourhood is a mixed-use community, that is not nearly as sensitive to the two severances mentioned on Rockway Drive or Eighth Avenue and yet Planning staff recommended those for approval. He stated concerns were raised in the Planning report regarding the projections of the proposed dwellings onto the street. He noted a drawing included in his presentation provided an aerial view showing the projections of existing dwellings to have minimal consistency. He indicated that, with an emphasis on intensification, the proposal meets those requirements. Mr. Orsanin acknowledged staff’s concerns regarding sensitivity of the neighbhourhood; however, in his opinion the neighbourhood has such a mixed- type of uses already that the addition of two lots would have minimal impact on the surrounding neighbourhood. He further advised the severances approved on Rockway Drive is in his opinion, a more sensitive neighbourhood and it was recommended for approval. He provided draft renderings of dwellings that could potentially be built on the proposed lots. Ms. J. Ykema addressed the Committee in opposition to the subject applications. She stated she purchased her lot with the assumption that the lot adjacent to hers would continue to have a clear view to the corner. She stated in her opinion, creating two new lots would force houses into a space not intended for dwellings. She stated the neighbourhood is unique and the addition of two homes on the corner would spoil what currently exits. Ms. Ykema indicated she does not wish to deny the property owner their rights, but she is of the opinion he needs to put forward a proposal that is more acceptable to the neighbourhood. In response, Ms. J. von Westerholt stated Planning staff is of the opinion the area is unique and does have a different interface than other neighbourhoods. She stated there are specific features of the neighbourhood in that the lots are larger in size and are comprised of single story dwellings. She stated Planning staff approached the applicant with a compromised proposal, noting staff would be willing to support the creation of one new lot. She indicated the applicant has chosen to maintain the applications as proposed. She advised the applicant has identified other severances that were approved within the City; however, she noted each application needs to be considered on its own merit and cannot be considered precedence for future applications. Ms. von Westerholt further advised that the way a dwelling may look and the fact that it may not be exactly as other dwellings on the street does not always indicate compatibility. She advised the neighbourhood is an area containing single detached dwellings and staff recognizes there needs to be a transition between the residential uses and the industrial uses in the vicinity. She noted the proposed application would decrease the separation distance between those two uses COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 46 - CITY OF KITCHENER 3. Submission Nos.: B 2018-014, B 2018-015, A 2018-020 & A 2018-021 (Cont’d) within this neighbourhood. She further advised the Residential Intensification in Established Neighbourhoods Study (RIENS) and Comprehensive Review of the Zoning By-law (CRoZBY) has given consideration to front yard garages, noting a garage that extends into the front yard will no longer be permitted in established neighbourhoods once approved. Mr. Orasanin stated, in response to Ms. von Westerholt’s comments, that nothing would prohibit him from constructing the garage 6m from the property line to address the concern regarding the front yard garage. The Chair stated in his opinion the applicant has made a valid presentation. He indicated municipalities are being encouraged to intensify and the subject application meets those requirements. He noted although the lotting fabrics may not be an ideal situation, a number of conditions, such as landscaping, could be imposed to help improve the development once complete. He stated in his opinion the proposal does not appear to be an over-development of the lot. He acknowledged the concerns raised by staff regarding compatibility, noting the variances required are in his opinion minor. Mr. Head indicated he would be hesitant not to approve the application as requested. Mr. B. McColl noted his only concern regarding compatibility with the existing neighbourhood is the proposed size of the lots in comparison to the other lots on Forfar Avenue. Mr. A. Pinnell stated staff has concerns that the proposed corner lot, once developed, would project into the intersection more than the other homes on the street. He indicated that while walking or driving, the dwelling would be more prominent than any others currently existing on the street. He noted with the transition between residential and industrial, although intensification is important, it is also important to approve applications that are appropriate. He stated in his opinion, approval of the subject applications would be inappropriate with the interface of the neighbourhood. In response to questions, Mr. Pinnell advised the applicant would not be permitted to build a semi-detached dwelling under the current zoning. Mr. Orasanin stated in his opinion concerns regarding street walls, protrusions into the street and the sensitivity of the neighbourhood do not exist, adding it has not been taken into consideration that commercial and industrial uses currently exist adjacent to the subject property and how severing the lot would impact those uses. Ms. P. Kohli advised she was inclined to support the applications as proposed by the applicant. She indicated in her opinion, the neighbourhood is not as sensitive as presented in the Planning report. Ms. von Westerholt advised if the Committee was considering approval of the applications, Planning staff offered the following conditions for consideration in their approval: clearance of taxes and local improvement charges; submitting a reference plan; completion of site elevation drawings; approval of a building code assessment; approval of the minor variance applications; parkland dedication; landscaping plans; any necessary building permits; installation of sidewalks or cash-in-lieu; engineering conditions as outlined in the staff report; and, the conditions requested by the Region of Waterloo. Submission No.: B 2018-014 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of MARTEA DEVELOPMENTS requesting permission for the property identified as Proposed Lot 1 (corner lot) on the plan submitted with the application to have a width of 14.04m, a depth of 29.46m and an area of 415.6 sq.m., on Lot 3, Plan 865, 185 Forfar Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property (ies) to the satisfaction of the City’s Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 47 - CITY OF KITCHENER 3. Submission Nos.: B 2018-014, B 2018-015, A 2018-020 & A 2018-021 (Cont’d) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall submit a site drawing and building elevation drawings for both the severed and retained lots, to confirm the appropriateness of the proposed development, to the satisfaction of the City’s Director of Planning. 4. That the owner shall submit and receive approval of a building code assessment, prepared by a qualified Designer, Architect or Engineer, for the proposed new property line, to the satisfaction of the City’s Chief Building Official. 5. That the owner shall receive final approval of Minor Variance applications A 2018-020 and A 2018-021. 6. 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 in the amount of $11,734.60. 7. That the owner shall complete a landscape plan for both the severed and retained lots to the satisfaction of the Director of Planning. 8. That the owner shall obtain a building permit for any required remedial work/upgrades to the satisfaction of the City’s Chief Building Official. 9. That the owner shall make satisfactory arrangements for the installation of sidewalks along the Forfar Avenue frontage (or provision of cash-in-lieu contributions) on the severed lands to the satisfaction of the Director of Transportation Services. 10. That the owner shall ensure the severed lands have separate, individual service connections for sanitary, storm, and water, in accordance with City policies and if the buildings have basements and a sump pump is required, a storm outlet will be required to the satisfaction of the Director of Engineering. 11. That the owner shall make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property to the satisfaction of the Director of Engineering. 12. That the owner shall ensure any new driveways are to be built to City of Kitchener standards at grade with the existing sidewalk prior to occupancy of the building to the satisfaction of the Director of Engineering. 13. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering. 14. That as per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction As-Recorded Tracking Form is required to be filled out and submitted along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering. 15. That the owner shall ensure that the basement elevation of the house can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering. 16. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 48 - CITY OF KITCHENER 3. Submission Nos.: B 2018-014, B 2018-015, A 2018-020 & A 2018-021 (Cont’d) 17. That the owner shall submit an Environmental Noise Study, for both stationary and road noise, to the Region of Waterloo, and, if necessary, based on the findings of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the study. 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 February 20, 2020. Carried Submission No.: B 2018-015 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of MARTEA DEVELOPMENTS requesting permission for the property identified as Proposed Lot 2 (interior lot) on the plan submitted with the application to have a width of 13.7m, a depth of 29.46m and an area of 394.5 sq.m., on Lot 3, Plan 865, 185 Forfar Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify 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 site drawing and building elevation drawings for both the severed and retained lots, to confirm the appropriateness of the proposed development, to the satisfaction of the City’s Director of Planning. 4. That the owner shall submit and receive approval of a building code assessment, prepared by a qualified Designer, Architect or Engineer, for the proposed new property line, to the satisfaction of the City’s Chief Building Official. 5. That the owner shall receive final approval of Minor Variance Applications A 2018-020 and A 2018-021. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 49 - CITY OF KITCHENER 3. Submission Nos.: B 2018-014, B 2018-015, A 2018-020 & A 2018-021 (Cont’d) 6. 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 in the amount of $11,734.60. 7. That the owner shall complete a landscape plan for both the severed and retained lots to the satisfaction of the Director of Planning. 8. That the owner shall obtain a building permit for any required remedial work/upgrades to the satisfaction of the City’s Chief Building Official. 9. That the owner shall make satisfactory arrangements for the installation of sidewalks along the Forfar Avenue frontage (or provision of cash-in-lieu contribution) on the severed lands to the satisfaction of the Director of Transportation Services. 10. That the owner shall ensure the severed lands have separate, individual service connections for sanitary, storm, and water, in accordance with City policies and if the buildings have basements and a sump pump is required, a storm outlet will be required to the satisfaction of the Director of Engineering. 11. That the owner shall make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property to the satisfaction of the Director of Engineering. 12. That the owner shall ensure any new driveways are to be built to City of Kitchener standards at grade with the existing sidewalk prior to occupancy of the building to the satisfaction of the Director of Engineering. 13. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering. 14. That as per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction As-Recorded Tracking Form is required to be filled out and submitted along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering. 15. That the owner shall ensure that the basement elevation of the house can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering. 16. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 17. That the owner shall submit an Environmental Noise Study, for both stationary and road noise, to the Region of Waterloo, and, if necessary, based on the findings of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the study. 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. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 50 - CITY OF KITCHENER 3. Submission Nos.: B 2018-014, B 2018-015, A 2018-020 & A 2018-021 (Cont’d) 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 February 20, 2020. Carried Submission No.: A 2018-020 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of MARTEA DEVELOPMENTS requesting permission for the severed land identified in Consent Application B 2018-014 (corner lot) to have a lot width of 14.05m rather than the required 15m, on Lot 3, Plan 865, 185 Forfar Avenue, 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 Submission No.: A 2018-021 Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of MARTEA DEVELOPMENTS requesting permission for the severed land identified in Consent Application B 2018-015 (interior lot) to have a lot area of 394.5 sq.m. rather than the required 411 sq.m., on Lot 3, Plan 865, 185 Forfar Avenue, 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. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 51 - CITY OF KITCHENER 3. Submission Nos.: B 2018-014, B 2018-015, A 2018-020 & A 2018-021 (Cont’d) 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 MINOR VARIANCE APPLICATION (Cont’d): 11. Submission No.: A 2018-012 Applicant: Milestone Developments Inc. Property Location: 481 Rivertrail Avenue Legal Description: Lot 100, Registered Plan 58M-597 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a westerly side yard setback of 0.8m rather than the required 1.2m. The Committee considered Community Services Department report CSD-18-035 dated February 13, 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 February 8, 2018, advising they have no concerns with this application. Mr. P. Haramis was in attendance in support of the subject application and the staff recommendation. Moved: Mr. B. McColl Second: Ms. P. Kohli That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having a westerly side yard setback of 0.8m rather than the required 1.2m, on Lot 100, Registered Plan 58M-597, 481 Rivertrail Avenue, Kitchener, Ontario,BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the Building Division for the proposed single detached dwelling. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 20, 2018 - 52 - CITY OF KITCHENER ADJOURNMENT On motion, the meeting adjourned at 2:02 p.m. Dated at the City of Kitchener this 20th day of February, 2018 Dianna Saunderson Secretary-Treasurer Committee of Adjustment