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HomeMy WebLinkAboutCA - 2018-04-17 COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 9:37 a.m. Present: Mr. D. Cybalski, Chair Mr. A. Head Ms. P. Kohli Officials: Ms. J. von Westerholt, Senior Planner Ms. M. Drake, Senior Heritage & Policy Planner Mr. G. Stevenson, Planner Mr. A. Pinnell, Planner Ms. F. Hosseini, Traffic Planning Analyst Ms. D. Saunderson, Secretary-Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. A. Head Seconded by Ms. P. Kohli That the regular minutes of the Committee of Adjustment meeting held March 20, 2017, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE: MINOR VARIANCE APPLICATION 1. Submission No.: A 2018-028 Applicant: Amanda Waters Property Location: 66 West Avenue Legal Description: Subdivision of Lot 17, Part Lot 29, German Company Tract Appearances: In Support: R. Zycki Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a rear yard setback of 3.56m rather than the required 7.5m; a front yard setback of 1.9m rather than the required 4.5m; and, and encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. The Committee considered Community Services Department report CSD-18-060 dated March 9, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated March 6, 2018, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) advising the proposed plan does not meet City or GRCA policies for development in the flood fringe portion of the floodplain. Accordingly, revised plans are required that demonstrate conformance with flood fringe policies. As it is unknown at this time if the revised plans will affect the requested variances, GRCA staff recommend deferral of this application. Mr. R. Zycki was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 85 - CITY OF KITCHENER 1. Submission No.: A 2018-028 (Cont’d) In response to questions, Mr. G. Stevenson advised Planning staff, through their review of the subject application, identified that an additional variance would be required for an encroachment into the Driveway Visibility Triangle (DVT). The Chair suggested, and it was agreed, that Condition 1 outlined in the staff report be amended to indicate the applicant is required to ensure visibility through the proposed front porch located within the DVT. Moved by Mr. A. Head Seconded by Ms. P. Kohli That the application of AMANDA WATERS requesting permission to construct a single detached dwelling having a rear yard setback of 3.56m rather than the required 7.5m; a front yard setback of 1.92m rather than the required 4.5m; and, and a 2.65m encroachment into the 4.57m Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Part Lot 29, Subdivision of Lot 17, German Company Tract, 66 West Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit a site drawing and building elevation drawings for the proposed dwelling, to confirm the appropriateness of the proposed development; and, to confirm visibility through the portion of the front porch located within the DVT, to the satisfaction of the City’s Director of Planning. 2. That the owner shall obtain a Building Permit for the proposed dwelling by March 20, 2019. 3. That the owner shall receive final approval of a Development, Interference With Wetlands and Alterations to Shorelines and Watercourses Permit (Pursuant to Ontario Regulation 150/06) from the Grand River Conservatory Authority (GRCA). 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 CONSENT APPLICATIONS 1. Submission Nos.: B 2018-006 to B 2018-009 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 R. Martin J. Gazzola COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 86 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) Contra: M & S. Seifried J. Brown S. Hanson Y. Fernandes J. Haalboom G. Pool D. Basler B. Hanson I. & R. Hoffman B. & F. Glofcheskie M. Boyle Closs F. Voisin R. & T. Talty A. Stewart G. Furtado T. & S. Keller E. & M. Schnurr S. McCullough S. Hollohan E. Dobro A. & Escamilla 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 Y. Fernandes S. Barber C. Grant C. & G. Krause B. & V. Renaud R. & A. Hak M. & S. Siefried K. Hagen K. Burton B. Hansen Neighbourhood Petition 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) Width (on Bechtel Drive) - 18.3m Depth (on Doon Village Road) - 25.1m Area - 458 sq. m. B 2018-007 - (Lot 2) Width (on Bechtel Drive) - 18.2m Depth - 25.1m Area - 456 sq. m. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 87 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) B 2018-008 - (Lot 3) Width (on Bechtel Drive) - 18.2m Depth - 25.0m Area - 456 sq. m. B 2018-009 - (Lot 4) Width (on Bechtel Drive) - 18.5m Depth - 25.0m Area - 462 sq. m. Retained Land Width (on Doon Village Road) - 48.1m Depth - 73.2m Area - 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 88 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) Mr. A. Head assumed the Chair for consideration of the subject applications. Mr. A. Pinnell noted the subject applications were considered at the February 20, 2018 Committee of Adjustment meeting and were deferred to allow 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. He indicated since that meeting Planning staff hosted a non-statutory Neighbourhood Information Meeting (NIM) on March 22, 2018 to provide an opportunity for the public to further review the subject applications, noting the following information was provided: the history and background of the property as it relates to the subject applications; a summary of the subject applications and what is being proposed; clarification regarding the Ontario Planning Act and Ontario Heritage Act policies and processes; the review and analysis that was conducted by staff; and, next steps in the process. He indicated approximately 80 people attended the NIM, which included a staff presentation and a question/answer session. Mr. Pinnell stated in accordance with the Committee’s deferral request, staff prepared a memo which included the following appendices: the Designating By-law; the Heritage Impact Assessment (HIA), including recommendation and approval memos; and, correspondence regarding a previous severance inquiry for the subject property. He noted the memo and appendices were also published on the City’s website and notification of the information was circulated to those members of the community who provided an email address at the NIM or as part of their written submissions. He stated a copy of the January 9, 2018 Heritage Kitchener committee minutes and the NIM PowerPoint slides were also included in the information posted to the City’s website. Mr. D. Aston provided an overview of the subject applications, advising they meet the intent of the Official Plan and Zoning By-law. He indicated a significant amount of work has already taken place to consider the proposal and staff are recommending approval of the subject applications. He stated the proposed lots meet the intent of the R4 designation in the Zoning By-law and do not require any variances to support the severance applications. He further advised the property owners were in attendance this date to address the Committee in support of the subject applications. Ms. I. Hoffman circulated a petition this date containing over 500 signatures of those people in opposition to the subject applications. She addressed the Committee in opposition to the subject applications, stating in her opinion the historical significance of the subject property will be adversely impacted if the Committee approves the subject applications. Mr. R. Hoffman addressed the Committee in opposition to the subject applications, expressing concerns with the findings outlined in the HIA as well as statements from Heritage Planning staff on what would be considered a significant view, noting in his opinion the view from Bechtel Drive and Doon Village Road is significant and worthy of protection. Ms. Y. Fernandes addressed the Committee as a resident of the community and not in her capacity as a member of Council. She expressed concerns with the subject applications, stating from her research the lot, when created in 1984, was intended to be preserved although the Heritage Designation By-law does not currently reference the whole of the lot. She stated in her opinion, if it had been designated after 2005 the Provincial Policy Statement and Ontario Heritage Act would have recognized the entire property. Ms. S. McCullough addressed the Committe in opposition to the subject applications. She noted she was also in attendance this date on behalf of Ms. K. Kuzyk who was also in opposition to the subject application. Ms. McCullough advised Ms. Kuzyk also submitted a written submission that was circulated for the Committee’s consideration. Mr. T. Keller addressed the Committee in opposition to the subject applications. He stated at the February 20, 2018 Committee meeting he had noted his parents were the previous owners of the subject property and when they passed away, the executers of the estate reached out to the City in 2006 to inquire about the possibility of severing the property. He stated in his opinion, there are errors in the statements made by Planning staff regarding their proposal, noting they had requested a similar proposal as to what was being requested this date and at that time Heritage Planning staff said they were unable to support the severance. He questioned if there were errors COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 89 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) made in reviewing their request at that time, questioning whether errors were made in making a recommendation to approve the subject applications this date. He further advised in his opinion the applications should be refused. In response to questions, Mr. Keller advised he had not submitted a formal application to sever the lot on the advice from staff that they were unable to support the severance. He further advised he would not have been required to obtain a Heritage Impact Assessment in 2006 when he made his severance inquiry. Ms. M. Drake advised the Provincial Policy Statement was amended in 2012 to allow staff to request a Heritage Impact Assessment for all types of planning applications. She indicated it would not have been a requirement of a severance application in 2006 when Mr. Keller made his inquiry. Ms. S. Keller addressed the Committee in opposition to the subject applications, noting although the Hog and Hen house is not listed in the Designation By-law, she questioned whether it should be afforded the same protection, noting it has been identified as significant at this date. Ms. Drake provided an overview of Heritage Planning Comments related to the subject applications, noting Heritage Planning staff support the severance subject to the conditions outlined in the report. She stated a number of concerns raised this date have been responded to through the NIM and through the materials that have been circulated to the Committee. She stated there were comments made by a resident regarding changes to the Ontario Heritage Act, indicating those comments are incorrect, adding the process for which a heritage property owner would obtain approval has not changed. She advised what has changed regarding the Ontario Heritage Act is Regulation 906, which defines the criteria of cultural heritage value and interest. She indicated the criteria outlined in that regulation was used in the Heritage Impact Assessment related to the property in existence this date. In response to the comments regarding significant views, staff provided an explanation to those concerns, noting features seen from the street do not necessarily indicate heritage significance. Ms. Drake further advised good heritage conservation practice recognizes adaptive reuse and continued use of heritage properties and in her opinion, this proposal facilitates adaptive and continue use. In response to the concerns raised by the previous owner of the property regarding their inquiry to sever the property several years ago, she noted she was not party to those conversations. She stated she was the one to review the applications before the Committee this date and based the recommendation on the current Planning Act, Regional Official Plan, City Official Plan and Provincial Policy Statement. Mr. A. Pinnell added that in his research, there is no evidence to support that the subject property was created with heritage matters in mind and there is no evidence to support that the surrounding subdivision, approved in the 1970s, attempted to preserve the size or dimensions of the subject property for heritage reasons. The subdivision did not discuss the subject property. The Chair noted the conditions requested by the Region of Waterloo, requesting if the Committee approved the subject applications that those conditions be included as part of the Committee’s decision. He requested clarification on a requirement to provide a Letter of Credit. In response to questions, Ms. Drake advised the Letter of Credit would be a requirement of the Heritage Covenant. She indicated the Heritage Covenant would be released following the completion of the repair, relocation and rehabilitation of the Hog and Hen House. Mr. J. Gazzola addressed the Committee as a private resident. He indicated he is in support of the subject applications and the staff recommendation to approve the requested severances. He noted normally he would be in support of a large neighbourhood delegation; however, in this situation, he commended the applicant for the work they have already done to the property and the work they would like to undertake in the future to maintain the dwelling. He noted he is a heritage advocate and has been a member of the Heritage Kitchener Advisory Committee for a number of years. He indicated the applicant has already committed a significant amount of money and effort into maintaining this property and have received an award for their conservation of the subject property. He further advised the subject applications have gone through significant review by the City’s Planning and Heritage staff and the applicant has complied with all requirements requested this date. He stated he is in support of the applicants’ request to sever the lot and to continue to maintain and conserve the property in the future. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 90 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) Ms. B. Hanson addressed the Committee in support of the subject application. She indicated she owns a heritage property on Joseph Schoerg Crescent and noted that owning a heritage property requires more time, money and skill to maintain than the average home. She indicated the applicants are proposing to severe the lot to use the funds to continue to maintain the property, as it is their family home and they wish to continue to invest in their property. She stated a great deal of consideration has gone into the subject application, noting the applicants could have requested to create 7 new lots rather than 4, as that is what would be permitted under the R4 Zone. She indicated they are aware, as heritage property owners, that at times they share their homes with the public in what they offer the community, stating at times the public may feel they have a greater vested interest in the property than the property owners. She stated the Committee initially considered the subject applications at the February Committee of Adjustment meeting and since that time the requested NIM was held, all of the requested heritage documents have been shared, and the applicants have met all the requirements that have been requested of them. Ms. Hanson stated any further opposition to the subject application in her opinion, is nimbyism. She commented the applicants are proposing to move the Hog and Hen house at a significant expense; they have been and continue to be respectful at maintaining the heritage significance of the subject property. She requested the Committee to approve the subject applications, noting an approval would demonstrate their support for heritage property owners and would validate the comments outlined in the staff report. In response to questions, Ms. Drake advised the applicant is not subject to obtaining a Heritage Permit Application, as they are not altering an attribute of the property identified within the Designating By-law. Mr. D. Cybalski resumed the Chair at this time. The Chair noted the purpose of the Committee is to consider applications under the Planning Act and requested the Committee to table a motion. B 2018-006 Moved by Mr. A. Head Seconded by Ms. P. Kohli That the application of ALISON and ROBERT LAFRANCE requesting permission to sever a parcel of land identified as Lot 1 (Corner of Doon Village Road and Bechtel Drive) on the plan submitted with the application to have a width of 18.3m, a depth of 25.1m and an area of 458 sq.m., on Part Lot 2, Biehn’s Tract, Block 1, Plan 1445, 883 Doon Village Road, Kitchener, Ontario,BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 2. That the owners 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 owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owners shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Planning, and registered on title of the severed and retained lands. Said agreement shall include the following special conditions: A Prior to February 20, 2019 (i.e., within 1 year of the date of decision): COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 91 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) i. That the owners shall submit and receive approval of a scoped Conservation Plan in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City’s Director of Planning. The scoped Conservation Plan will include direction on the conservation works that must be undertaken prior to, during and after the Hog and Hen House is relocated, including repairs and supports recommended by the owners’ consulting engineer and qualified building mover. ii. That the owners shall submit and receive approval of a letter prepared by a qualified building mover, to the satisfaction of the City’s Director of Planning, confirming that the Hog and Hen House can be moved. iii. That the owners shall submit and receive approval of an updated Structural Engineers’ Report, to be coordinated with both the scoped Conservation Plan and letter from a qualified building mover, to the satisfaction of the City’s Director of Planning. iv. That the owners shall prepare a Tree Preservation Plan for each of the severed lots, and the retained lot, in accordance with the City’s Tree Management Policy, each of which is to be approved by the City’s Director of Planning. Such plans shall include, among other matters, retention of street trees along Bechtel Drive adjacent to the proposed lots, identification of proposed driveways, proposed building envelopes/work zones, landscaped areas, proposed additional street trees, and vegetation to be preserved. B. Prior to Endorsement of the Deeds associated with consent applications B 2018- 006 to B 2018-009 or February 20, 2020, whichever shall occur first: i. That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City’s Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City’s Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City’s 2014 Official Plan. Further, the approved Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. ii. That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City’s Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House, in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners’ consulting engineer and qualified building mover, to the satisfaction of the City’s Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 92 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City’s Solicitor, in consultation with the City’s Director of Planning. The City agrees that the Heritage Covenant Agreement may be removed from title at the owners’ expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House and following the adoption of the updated Designating By-law for 883 Doon Village Road both to the satisfaction of the City’s Director of Planning. iii. That the owners shall agree to document and provide measured drawings of the Hog and Hen House to the satisfaction of the City Director of Planning. iv. That the owners shall agree to retain a qualified building mover to relocate the Hog and Hen House onto the retained lands, to the satisfaction of the City’s Director of Planning and the Chief Building Official. v. That the owners shall obtain a building permit to relocate the Hog and Hen House from the City’s Building Division and actually relocate said building as part of this milestone, to the satisfaction of the City’s Director of Planning and the Chief Building Official. vi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to both the severed and retained lands. This will include, but not be limited to, the extension of storm sewer(s). vii. That the owners shall obtain a certificate of approval for sewage works from the Ministry of Environment and Climate Change, in accordance with Section 53 of the Ontario Water Resources Act, for the extension of the municipal storm sewer along Bechtel Drive, to the satisfaction of the City’s Director of Engineering Services. viii. That the owners shall prepare a servicing plan showing outlets to the municipal servicing system for the severed and retained parcels to the satisfaction of the City’s Engineering Division. ix. That the owners shall submit the Development and Reconstruction As- Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City’s Engineering Division. x. That the owners shall make arrangements, financial or otherwise, for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department and agency. xi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services and Operations Division for the installation, to City standards, of paved driveway ramps on the severed lands and the retained lands. xii. That the owners shall remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City’s Planning Division. Furthermore, the owners shall install a new driveway on the retained lands, connecting Doon Village Road to the existing detached garage at the rear of the property. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 93 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) C. Prior to Grading, Tree Removal, or Building Permit Issuance: i. That the owners shall implement all approved measures for the protection of trees as approved in the Tree Preservation Plan (where applicable) and to provide written certification from the owners’ Environmental Consultant to the City’s Director of Planning that all protection measures have been implemented and inspected, in accordance with the City’s Tree Management Policy. No changes to the said plans shall be granted, except with the prior approval of the City’s Director of Planning. D. Prior to Application for and Issuance of any Building Permits: i. That the owners shall agree that Designating By-law #84-52 shall be amended to reflect the heritage attributes listed in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018 and the revised legal description for the retained lands municipally addressed as 883 Doon Village Road. ii. That the owners shall agree to submit building elevation drawings, building location drawings, and lot grading drawings, for the Severed Lands as identified in the approved Urban Design Guidelines for approval by the City’s Director of Planning. The owners shall further agreesthat dwellings shall be designed and constructed in accordance with the approved plans, to the satisfaction of the City’s Chief Building Official. E. Other Time Frames: i. That the owners shall agree that no building permit shall be applied for or issued for the severed lands, Lots 1-4, unless the building designs are in accordance with the approved Urban Design Guidelines to the satisfaction of the City’s Chief Building Official and Director of Planning. The owners and subsequent owners of affected lots are advised that this requirement shall also apply to future additions, major alterations and fencing. ii. That the owners shall agree to develop Lots 1-4 in accordance with the approved Urban Design Guidelines, to the satisfaction of the City’s Director of Planning. iii. That prior to endorsement of the deeds associated with consent applications B 2018-006 to B 2018-009 or February 20, 2020, whichever shall occur first, the owners shall fulfill the following: a That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House (previously referred to as the coach house) and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners’ consulting engineer and qualified building mover, to the satisfaction of the City’s Director of Planning. b. Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City Solicitor, in consultation with the City’s Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 94 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) c. That the City shall agree that the Heritage Covenant Agreement may be removed from title at the owners expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House to the satisfaction of the City’s Director of Planning, and following adoption of the updated designating by-law for 883 Doon Village Road. iv. That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City’s Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City’s Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City’s 2014 Official Plan. Further, the Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. 5. That the owners shall 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. 6. That the owners shall enter into a Registered Development Agreement with the City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 95 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) 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. 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 April 17, 2020. Carried B 2018-007 Moved by Mr. A. Head Seconded by Ms. P. Kohli That the application of ALISON and ROBERT LAFRANCE requesting permission to sever a parcel of land identified as Lot 1 (Corner of Doon Village Road and Bechtel Drive) on the plan submitted with the application to have a width of 18.3m, a depth of 25.1m and an area of 458 sq.m., on Part Lot 2, Biehn’s Tract, Block 1, Plan 1445, 883 Doon Village Road, Kitchener, Ontario,BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 2. That the owners 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 owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owners shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Planning, and registered on title of the severed and retained lands. Said agreement shall include the following special conditions: COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 96 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) A Prior to February 20, 2019 (i.e., within 1 year of the date of decision): i. That the owners shall submit and receive approval of a scoped Conservation Plan in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City’s Director of Planning. The scoped Conservation Plan will include direction on the conservation works that must be undertaken prior to, during and after the Hog and Hen House is relocated, including repairs and supports recommended by the owners’ consulting engineer and qualified building mover. ii. That the owners shall submit and receive approval of a letter prepared by a qualified building mover, to the satisfaction of the City’s Director of Planning, confirming that the Hog and Hen House can be moved. iii. That the owners shall submit and receive approval of an updated Structural Engineers’ Report, to be coordinated with both the scoped Conservation Plan and letter from a qualified building mover, to the satisfaction of the City’s Director of Planning. iv. That the owners shall prepare a Tree Preservation Plan for each of the severed lots, and the retained lot, in accordance with the City’s Tree Management Policy, each of which is to be approved by the City’s Director of Planning. Such plans shall include, among other matters, retention of street trees along Bechtel Drive adjacent to the proposed lots, identification of proposed driveways, proposed building envelopes/work zones, landscaped areas, proposed additional street trees, and vegetation to be preserved. B. Prior to Endorsement of the Deeds associated with consent applications B 2018- 006 to B 2018-009 or February 20, 2020, whichever shall occur first: i. That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City’s Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City’s Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City’s 2014 Official Plan. Further, the approved Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. ii. That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City’s Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House, in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners’ consulting engineer and qualified building mover, to the satisfaction of the City’s Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 97 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City’s Solicitor, in consultation with the City’s Director of Planning. The City agrees that the Heritage Covenant Agreement may be removed from title at the owners’ expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House and following the adoption of the updated Designating By-law for 883 Doon Village Road both to the satisfaction of the City’s Director of Planning. iii. That the owners shall agree to document and provide measured drawings of the Hog and Hen House to the satisfaction of the City Director of Planning. iv. That the owners shall agree to retain a qualified building mover to relocate the Hog and Hen House onto the retained lands, to the satisfaction of the City’s Director of Planning and the Chief Building Official. v. That the owners shall obtain a building permit to relocate the Hog and Hen House from the City’s Building Division and actually relocate said building as part of this milestone, to the satisfaction of the City’s Director of Planning and the Chief Building Official. vi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to both the severed and retained lands. This will include, but not be limited to, the extension of storm sewer(s). vii. That the owners shall obtain a certificate of approval for sewage works from the Ministry of Environment and Climate Change, in accordance with Section 53 of the Ontario Water Resources Act, for the extension of the municipal storm sewer along Bechtel Drive, to the satisfaction of the City’s Director of Engineering Services. viii. That the owners shall prepare a servicing plan showing outlets to the municipal servicing system for the severed and retained parcels to the satisfaction of the City’s Engineering Division. ix. That the owners shall submit the Development and Reconstruction As- Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City’s Engineering Division. x. That the owners shall make arrangements, financial or otherwise, for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department and agency. xi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services and Operations Division for the installation, to City standards, of paved driveway ramps on the severed lands and the retained lands. xii. That the owners shall remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City’s Planning Division. Furthermore, the owners shall install a new driveway on the retained lands, connecting Doon Village Road to the existing detached garage at the rear of the property. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 98 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) C. Prior to Grading, Tree Removal, or Building Permit Issuance: i. That the owners shall implement all approved measures for the protection of trees as approved in the Tree Preservation Plan (where applicable) and to provide written certification from the owners’ Environmental Consultant to the City’s Director of Planning that all protection measures have been implemented and inspected, in accordance with the City’s Tree Management Policy. No changes to the said plans shall be granted, except with the prior approval of the City’s Director of Planning. D. Prior to Application for and Issuance of any Building Permits: i. That the owners shall agree that Designating By-law #84-52 shall be amended to reflect the heritage attributes listed in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018 and the revised legal description for the retained lands municipally addressed as 883 Doon Village Road. ii. That the owners shall agree to submit building elevation drawings, building location drawings, and lot grading drawings, for the Severed Lands as identified in the approved Urban Design Guidelines for approval by the City’s Director of Planning. The owners shall further agreesthat dwellings shall be designed and constructed in accordance with the approved plans, to the satisfaction of the City’s Chief Building Official. E. Other Time Frames: i. That the owners shall agree that no building permit shall be applied for or issued for the severed lands, Lots 1-4, unless the building designs are in accordance with the approved Urban Design Guidelines to the satisfaction of the City’s Chief Building Official and Director of Planning. The owners and subsequent owners of affected lots are advised that this requirement shall also apply to future additions, major alterations and fencing. ii. That the owners shall agree to develop Lots 1-4 in accordance with the approved Urban Design Guidelines, to the satisfaction of the City’s Director of Planning. iii. That prior to endorsement of the deeds associated with consent applications B 2018-006 to B 2018-009 or February 20, 2020, whichever shall occur first, the owners shall fulfill the following: a That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House (previously referred to as the coach house) and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners’ consulting engineer and qualified building mover, to the satisfaction of the City’s Director of Planning. b. Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City Solicitor, in consultation with the City’s Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 99 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) c. That the City shall agree that the Heritage Covenant Agreement may be removed from title at the owners expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House to the satisfaction of the City’s Director of Planning, and following adoption of the updated designating by-law for 883 Doon Village Road. iv. That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City’s Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City’s Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City’s 2014 Official Plan. Further, the Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. 5. That the owners shall 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. 6. That the owners shall enter into a Registered Development Agreement with the City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 100 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) 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. 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 April 17, 2020. Carried B 2018-008 Moved by Mr. A. Head Seconded by Ms. P. Kohli That the application of ALISON and ROBERT LAFRANCE requesting permission to sever a parcel of land identified as Lot 1 (Corner of Doon Village Road and Bechtel Drive) on the plan submitted with the application to have a width of 18.3m, a depth of 25.1m and an area of 458 sq.m., on Part Lot 2, Biehn’s Tract, Block 1, Plan 1445, 883 Doon Village Road, Kitchener, Ontario,BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 2. That the owners 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 owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owners shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Planning, and registered on title of the severed and retained lands. Said agreement shall include the following special conditions: COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 101 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) A Prior to February 20, 2019 (i.e., within 1 year of the date of decision): i. That the owners shall submit and receive approval of a scoped Conservation Plan in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City’s Director of Planning. The scoped Conservation Plan will include direction on the conservation works that must be undertaken prior to, during and after the Hog and Hen House is relocated, including repairs and supports recommended by the owners’ consulting engineer and qualified building mover. ii. That the owners shall submit and receive approval of a letter prepared by a qualified building mover, to the satisfaction of the City’s Director of Planning, confirming that the Hog and Hen House can be moved. iii. That the owners shall submit and receive approval of an updated Structural Engineers’ Report, to be coordinated with both the scoped Conservation Plan and letter from a qualified building mover, to the satisfaction of the City’s Director of Planning. iv. That the owners shall prepare a Tree Preservation Plan for each of the severed lots, and the retained lot, in accordance with the City’s Tree Management Policy, each of which is to be approved by the City’s Director of Planning. Such plans shall include, among other matters, retention of street trees along Bechtel Drive adjacent to the proposed lots, identification of proposed driveways, proposed building envelopes/work zones, landscaped areas, proposed additional street trees, and vegetation to be preserved. B. Prior to Endorsement of the Deeds associated with consent applications B 2018- 006 to B 2018-009 or February 20, 2020, whichever shall occur first: i. That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City’s Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City’s Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City’s 2014 Official Plan. Further, the approved Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. ii. That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City’s Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House, in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners’ consulting engineer and qualified building mover, to the satisfaction of the City’s Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 102 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City’s Solicitor, in consultation with the City’s Director of Planning. The City agrees that the Heritage Covenant Agreement may be removed from title at the owners’ expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House and following the adoption of the updated Designating By-law for 883 Doon Village Road both to the satisfaction of the City’s Director of Planning. iii. That the owners shall agree to document and provide measured drawings of the Hog and Hen House to the satisfaction of the City Director of Planning. iv. That the owners shall agree to retain a qualified building mover to relocate the Hog and Hen House onto the retained lands, to the satisfaction of the City’s Director of Planning and the Chief Building Official. v. That the owners shall obtain a building permit to relocate the Hog and Hen House from the City’s Building Division and actually relocate said building as part of this milestone, to the satisfaction of the City’s Director of Planning and the Chief Building Official. vi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to both the severed and retained lands. This will include, but not be limited to, the extension of storm sewer(s). vii. That the owners shall obtain a certificate of approval for sewage works from the Ministry of Environment and Climate Change, in accordance with Section 53 of the Ontario Water Resources Act, for the extension of the municipal storm sewer along Bechtel Drive, to the satisfaction of the City’s Director of Engineering Services. viii. That the owners shall prepare a servicing plan showing outlets to the municipal servicing system for the severed and retained parcels to the satisfaction of the City’s Engineering Division. ix. That the owners shall submit the Development and Reconstruction As- Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City’s Engineering Division. x. That the owners shall make arrangements, financial or otherwise, for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department and agency. xi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services and Operations Division for the installation, to City standards, of paved driveway ramps on the severed lands and the retained lands. xii. That the owners shall remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City’s Planning Division. Furthermore, the owners shall install a new driveway on the retained lands, connecting Doon Village Road to the existing detached garage at the rear of the property. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 103 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) C. Prior to Grading, Tree Removal, or Building Permit Issuance: i. That the owners shall implement all approved measures for the protection of trees as approved in the Tree Preservation Plan (where applicable) and to provide written certification from the owners’ Environmental Consultant to the City’s Director of Planning that all protection measures have been implemented and inspected, in accordance with the City’s Tree Management Policy. No changes to the said plans shall be granted, except with the prior approval of the City’s Director of Planning. D. Prior to Application for and Issuance of any Building Permits: i. That the owners shall agree that Designating By-law #84-52 shall be amended to reflect the heritage attributes listed in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018 and the revised legal description for the retained lands municipally addressed as 883 Doon Village Road. ii. That the owners shall agree to submit building elevation drawings, building location drawings, and lot grading drawings, for the Severed Lands as identified in the approved Urban Design Guidelines for approval by the City’s Director of Planning. The owners shall further agreesthat dwellings shall be designed and constructed in accordance with the approved plans, to the satisfaction of the City’s Chief Building Official. E. Other Time Frames: i. That the owners shall agree that no building permit shall be applied for or issued for the severed lands, Lots 1-4, unless the building designs are in accordance with the approved Urban Design Guidelines to the satisfaction of the City’s Chief Building Official and Director of Planning. The owners and subsequent owners of affected lots are advised that this requirement shall also apply to future additions, major alterations and fencing. ii. That the owners shall agree to develop Lots 1-4 in accordance with the approved Urban Design Guidelines, to the satisfaction of the City’s Director of Planning. iii. That prior to endorsement of the deeds associated with consent applications B 2018-006 to B 2018-009 or February 20, 2020, whichever shall occur first, the owners shall fulfill the following: a That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House (previously referred to as the coach house) and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners’ consulting engineer and qualified building mover, to the satisfaction of the City’s Director of Planning. b. Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City Solicitor, in consultation with the City’s Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 104 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) c. That the City shall agree that the Heritage Covenant Agreement may be removed from title at the owners expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House to the satisfaction of the City’s Director of Planning, and following adoption of the updated designating by-law for 883 Doon Village Road. iv. That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City’s Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City’s Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City’s 2014 Official Plan. Further, the Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. 5. That the owners shall 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. 6. That the owners shall enter into a Registered Development Agreement with the City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 105 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) 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. 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 April 17, 2020. Carried B 2018-009 Moved by Mr. A. Head Seconded by Ms. P. Kohli That the application of ALISON and ROBERT LAFRANCE requesting permission to sever a parcel of land identified as Lot 1 (Corner of Doon Village Road and Bechtel Drive) on the plan submitted with the application to have a width of 18.3m, a depth of 25.1m and an area of 458 sq.m., on Part Lot 2, Biehn’s Tract, Block 1, Plan 1445, 883 Doon Village Road, Kitchener, Ontario,BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 2. That the owners 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 owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owners shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Planning, and registered on title of the severed and retained lands. Said agreement shall include the following special conditions: COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 106 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) A Prior to February 20, 2019 (i.e., within 1 year of the date of decision): i. That the owners shall submit and receive approval of a scoped Conservation Plan in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City’s Director of Planning. The scoped Conservation Plan will include direction on the conservation works that must be undertaken prior to, during and after the Hog and Hen House is relocated, including repairs and supports recommended by the owners’ consulting engineer and qualified building mover. ii. That the owners shall submit and receive approval of a letter prepared by a qualified building mover, to the satisfaction of the City’s Director of Planning, confirming that the Hog and Hen House can be moved. iii. That the owners shall submit and receive approval of an updated Structural Engineers’ Report, to be coordinated with both the scoped Conservation Plan and letter from a qualified building mover, to the satisfaction of the City’s Director of Planning. iv. That the owners shall prepare a Tree Preservation Plan for each of the severed lots, and the retained lot, in accordance with the City’s Tree Management Policy, each of which is to be approved by the City’s Director of Planning. Such plans shall include, among other matters, retention of street trees along Bechtel Drive adjacent to the proposed lots, identification of proposed driveways, proposed building envelopes/work zones, landscaped areas, proposed additional street trees, and vegetation to be preserved. B. Prior to Endorsement of the Deeds associated with consent applications B 2018- 006 to B 2018-009 or February 20, 2020, whichever shall occur first: i. That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City’s Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City’s Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City’s 2014 Official Plan. Further, the approved Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. ii. That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City’s Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House, in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners’ consulting engineer and qualified building mover, to the satisfaction of the City’s Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 107 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City’s Solicitor, in consultation with the City’s Director of Planning. The City agrees that the Heritage Covenant Agreement may be removed from title at the owners’ expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House and following the adoption of the updated Designating By-law for 883 Doon Village Road both to the satisfaction of the City’s Director of Planning. iii. That the owners shall agree to document and provide measured drawings of the Hog and Hen House to the satisfaction of the City Director of Planning. iv. That the owners shall agree to retain a qualified building mover to relocate the Hog and Hen House onto the retained lands, to the satisfaction of the City’s Director of Planning and the Chief Building Official. v. That the owners shall obtain a building permit to relocate the Hog and Hen House from the City’s Building Division and actually relocate said building as part of this milestone, to the satisfaction of the City’s Director of Planning and the Chief Building Official. vi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to both the severed and retained lands. This will include, but not be limited to, the extension of storm sewer(s). vii. That the owners shall obtain a certificate of approval for sewage works from the Ministry of Environment and Climate Change, in accordance with Section 53 of the Ontario Water Resources Act, for the extension of the municipal storm sewer along Bechtel Drive, to the satisfaction of the City’s Director of Engineering Services. viii. That the owners shall prepare a servicing plan showing outlets to the municipal servicing system for the severed and retained parcels to the satisfaction of the City’s Engineering Division. ix. That the owners shall submit the Development and Reconstruction As- Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City’s Engineering Division. x. That the owners shall make arrangements, financial or otherwise, for the relocation of any existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department and agency. xi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services and Operations Division for the installation, to City standards, of paved driveway ramps on the severed lands and the retained lands. xii. That the owners shall remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City’s Planning Division. Furthermore, the owners shall install a new driveway on the retained lands, connecting Doon Village Road to the existing detached garage at the rear of the property. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 108 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) C. Prior to Grading, Tree Removal, or Building Permit Issuance: i. That the owners shall implement all approved measures for the protection of trees as approved in the Tree Preservation Plan (where applicable) and to provide written certification from the owners’ Environmental Consultant to the City’s Director of Planning that all protection measures have been implemented and inspected, in accordance with the City’s Tree Management Policy. No changes to the said plans shall be granted, except with the prior approval of the City’s Director of Planning. D. Prior to Application for and Issuance of any Building Permits: i. That the owners shall agree that Designating By-law #84-52 shall be amended to reflect the heritage attributes listed in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018 and the revised legal description for the retained lands municipally addressed as 883 Doon Village Road. ii. That the owners shall agree to submit building elevation drawings, building location drawings, and lot grading drawings, for the Severed Lands as identified in the approved Urban Design Guidelines for approval by the City’s Director of Planning. The owners shall further agreesthat dwellings shall be designed and constructed in accordance with the approved plans, to the satisfaction of the City’s Chief Building Official. E. Other Time Frames: i. That the owners shall agree that no building permit shall be applied for or issued for the severed lands, Lots 1-4, unless the building designs are in accordance with the approved Urban Design Guidelines to the satisfaction of the City’s Chief Building Official and Director of Planning. The owners and subsequent owners of affected lots are advised that this requirement shall also apply to future additions, major alterations and fencing. ii. That the owners shall agree to develop Lots 1-4 in accordance with the approved Urban Design Guidelines, to the satisfaction of the City’s Director of Planning. iii. That prior to endorsement of the deeds associated with consent applications B 2018-006 to B 2018-009 or February 20, 2020, whichever shall occur first, the owners shall fulfill the following: a That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House (previously referred to as the coach house) and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners’ consulting engineer and qualified building mover, to the satisfaction of the City’s Director of Planning. b. Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City Solicitor, in consultation with the City’s Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 109 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) c. That the City shall agree that the Heritage Covenant Agreement may be removed from title at the owners expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House to the satisfaction of the City’s Director of Planning, and following adoption of the updated designating by-law for 883 Doon Village Road. iv. That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City’s Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City’s Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City’s 2014 Official Plan. Further, the Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. 5. That the owners shall 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. 6. That the owners shall enter into a Registered Development Agreement with the City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 110 - CITY OF KITCHENER 1. Submission Nos.: B 2018-006 to B 2018-009 (Cont’d) 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. 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 April 17, 2020. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2018-024 Applicant: Milestone Developments Inc. Property Location: 2 Crossbridge Avenue Legal Description: Lot 172, 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 side yard setback of 4m abutting Rivertrail Avenue rather than the required 4.5m; a rear yard setback of 6.15m rather than the required 7.5m; a driveway located 8.7m from the intersection of Rivertrail Avenue and Crossbridge Avenue rather than the required 9m setback; and, a setback of 2.75m abutting Rivertrail Avenue for a wrap-around porch rather than the required 3m. The Committee considered Community Services Department report CSD-18-071 dated April 11, 2018, recommending approval of the subject application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 3, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 111 - CITY OF KITCHENER 1. Submission No.: A 2018-024 (Cont’d) Mr. P. Haramis was in attendance in support of the subject application and staff recommendation. Moved by Mr. A. Head Seconded by Ms. P. Kohl That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having a side yard setback of 4m abutting Rivertrail Avenue rather than the required 4.5m; a rear yard setback of 6.15m rather than the required 7.5m; a driveway located 8.7m from the intersection of Rivertrail Avenue and Crossbridge Avenue rather than the required 9m setback; and, a setback of 2.75m abutting Rivertrail Avenue for a wrap-around porch rather than the required 3m, on Lot 172, Registered Plan 58M-597, 2 Crossbridge Avenue, 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 2. Submission No.: A 2018-030 Applicant: 2211452 Ontario Inc. Property Location: 397 Greenfield Avenue Legal Description: Part Lot 212, Plan 254, bring Part 1 on Reference Plan 58R-19950 Appearances: In Support: A. Rosu Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize a staircase located inside the attached garage reducing the size of the required off-street parking space to 5.16m by 3.58m rather than the required 5.49m by 3.04m. The Committee considered Community Services Department report CSD-18-072 dated April 6, 2018, recommending approval of the subject application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 3, 2018, advising they have no concerns with this application. Mr. A. Rosu was in attendance in support of the subject application and staff recommendation. Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of 2211452 ONTARIO INC. requesting permission to legalize a staircase located inside the attached garage reducing the size of the required off-street parking space to 5.16m by 3.58m rather than the required 5.49m by 3.04m, on Part Lot 212, Plan 254, bring Part 1 on Reference Plan 58R-19950, 397 Greenfield Avenue, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 112 - CITY OF KITCHENER 2. Submission No.: A 2018-030 (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 3. Submission No.: A 2018-031 Applicant: Leanne Ratford Property Location: 20 Hurst Avenue Legal Description: Lots 51 & 52, Plan 239, Part Lots 11 & 53 to 59 and Lots 203, Streets and Lanes Appearances: In Support: T. Tran Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to permit manufacturing and accessory retail uses within the area of the building Zoned E1 (Unit 1) whereas the By-law currently permits only a warehousing use in an E1 Zone. The Committee considered Community Services Department report CSD-18-073 dated April 10, 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 April 3, 2018, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated April 5, 2018, advising although they have no concerns with this application, they noted the subject property is located within the floodplain of Schneider Creek and the property is therefore regulated by the GRCA under Ontario Regulation 150/06. This reach of Schneider Creek has been designated as a Two-Zone Floodplain Policy Area. In Two-Zone areas, the floodplain is comprised of two sections - the floodway and the flood fringe. The subject property is considered within the floodway portion of the floodplain, which is the area of the floodplain required to pass the flows of greatest depth and velocity. Any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. If future development is proposed on the property, early consultation with GRCA is recommended to discuss the proposed development and whether it would meet GRCA policies. Mr. T. Tran was in attendance in support of the subject application and staff recommendation. Moved by Mr. A. Head Seconded by Ms. P. Kohli COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 113 - CITY OF KITCHENER 3. Submission No.: A 2018-031 (Cont’d) That the application of LEANNE RATFORD requesting permission to permit manufacturing and accessory retail uses within the area of the building Zoned E1 (Unit 1) whereas the By-law currently permits only a warehousing use in an E1 Zone, on Lots 51 & 52, Plan 239, Part Lots 11 & 53 to 59 and Lots 203, Streets and Lanes, 20 Hurst Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit from the Building Division. 2. That the owner shall obtain a Zoning (Occupancy) Certificate for the proposed business from the Planning Division. 3. That the owner shall obtain Site Plan approval for the parking layout from the Planning Division. 4. That the owner shall complete Conditions 1 to 3 above no later than September 1, 2018. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 4. Submission No.: A 2018-033 Applicant: M. Demsey Contracting Inc. Property Location: 14 Ellen Street West Legal Description: Part Lot 210, Plan 374 Appearances: In Support: M. & M. Demsey Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert a single detached dwelling into a duplex on a corner lot having a width of 9.75m rather than the required 15m; a front yard setback of 1.72m rather than the required 4.5m; a westerly side yard setback of 0.5m rather than the required 1.2m; a side yard abutting Hermie Place of 1.5m rather than the required 4.5m; to have the required off-street parking spaces located 4.25m from the street line rather than the required 6m; and, to legalize the existing dwelling located within the Corner Visibility Triangle (CVT) and the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the CVT or DVT. The Committee considered Community Services Department report CSD-18-074 dated April 6, 2018, recommending approval of this application subject to conditions outlined in the staff report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 3, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 114 - CITY OF KITCHENER 4. Submission No.: A 2018-033 (Cont’d) Mr. A. Head suggested, and it was agreed, that the deadline referenced in Condition 1 should be amended to December 1, 2018 rather than September 1, 2018 as outlined in the staff recommendation. Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of M. DEMSEY CONTRACTING INC. requesting permission to convert a single detached dwelling into a duplex on a corner lot having a width of 9.75m rather than the required 15m; a front yard setback of 1.72m rather than the required 4.5m; a westerly side yard setback of 0.5m rather than the required 1.2m; a side yard abutting Hermie Place of 1.5m rather than the required 4.5m; to have the required off-street parking spaces located 4.5m from the street line rather than the required 6m; and, to legalize the existing dwelling located 3m within the Corner Visibility Triangle (CVT) and 0.3m within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the CVT or DVT, on Part Lot 210, Plan 374, 14 Ellen Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit from the City’s Building Division for the conversion of the single detached dwelling to a duplex dwelling by December 1, 2018. 2. That the owner shall ensure the fence located on the east side of the driveway is removed to provide a clear 4.57 x 4.57 metre Driveway Visibility Triangle (DVT) on the east side of the driveway. 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 2018-034 Applicant: Huron Creek Developments Property Location: 731 Huron Road/160 Rochefort Street Legal Description: Lot 2, Plan 1382 Appearances: In Support: B. Flewwelling Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a multi-residential townhouse development having a Floor Space Ratio (FSR) of 0.75 rather than the permitted maximum FSR of 0.6. The Committee considered Community Services Department report CSD-18-075 dated April 5, 2018, recommending approval of the subject application. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 115 - CITY OF KITCHENER 5. Submission No.: A 2018-034 (Cont’d) The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 3, 2018, advising they have no concerns with this application. Mr. B. Flewwelling was in attendance in support of the subject application. In response to questions, he advised the application has already gone through significant review as of this date. He indicated the proposed development is going to receive Site Plan Approval in principal likely in the next week. Ms. J. von Westerholt advised she had spoken with the Planner assigned to this file and staff are in support of the Committee rendering a decision this date on the requested variances. She confirmed there has been significant amount of work completed on the proposed development this date. Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of HURON CREEK DEVELOPMENTS requesting permission to construct a multi-residential townhouse development having a Floor Space Ratio (FSR) of 0.75 rather than the permitted maximum FSR of 0.6, on Lot 2, Plan 1382 , 731 Huron Road, 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 6. Submission No.: A 2018-035 Applicant: Adrian Dick Property Location: 47 Floyd Street Legal Description: Part Lot 30, Subdivision of Lot 4, German Company Tract Appearances: In Support: A. Dick N. Nickel Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to reconstruct a front porch on an existing singled detached dwelling setback 3m from the front lot line having a height of 1.1m above finished grade rather than the permitted height of 0.6m. The Committee considered Community Services Department report CSD-18-076 dated April 10, 2018, recommending approval of this application subject to the condition outlined in the staff report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 3, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 116 - CITY OF KITCHENER 6. Submission No.: A 2018-035 (Cont’d) Mr. A. Dick in attendance in support of the subject application and the staff recommendation. Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of ADRIAN DICK requesting permission to reconstruct a front porch on an existing singled detached dwelling setback 3m from the front lot line having a height of 1.1m above finished grade rather than the permitted height of 0.6m; and, for the porch to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Part Lot 30, Subdivision of Lot 4, German Company Tract, 47 Floyd Street, 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 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 7. Submission No.: A 2018-036 Applicant: JC Homes Inc. Property Location: 810 Frederick Street Legal Description: Lot 12, Plan 971 Appearances: In Support: J. Bender Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to legalize a residential dwelling under construction having a rear yard setback of 7.43m rather than the required 7.5m. The Committee considered Community Services Department report CSD-18-077 dated April 11, 2018, recommending approval of the subject application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 3, 2018, advising they have no concerns with this application. Mr. J. Bender addressed the Committee in support of the subject application and the staff recommendation. Moved by Ms. P. Kohli Seconded by Mr. A. Head COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 117 - CITY OF KITCHENER 7. Submission No.: A 2018-036 (Cont’d) That the application of J C HOMES INC requesting permission to legalize a townhouse development under construction having a rear yard setback of 7.43m rather than the required 7.5m, on Lot 12, Plan 971, 810 Frederick 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 8. Submission No.: A 2018-037 Applicant: 2427100 Ontario Inc. Property Location: 396 Victoria Street North Legal Description: Part Lot 245, Plan 374 Appearances: In Support: L. Momejian Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission for an existing multi-tenant commercial building Zoned C-6 to calculate the required off-street parking space ratio using an aggregate sum for each individual tenant rather than using a calculation for the overall plaza requirement. The Committee considered Community Services Department report CSD-18-078 dated April 9, 2018, recommending approval of this application subject to the conditions outlined in the staff report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 3, 2018, advising they have no concerns with this application. The Chair questioned whether an additional condition should be added to indicate that the approval of the Committee this date shall be subject to square footage specific to the proposed uses to address any changes with the tenants of the building. Ms. J. von Westerholt advised she had no objection to the proposed condition, noting it could be evaluated through the Occupancy (Zoning) Certificate process. Moved by Mr. A. Head Seconded by Ms. P. Kohli That the application of 2427100 ONTARIO INC. requesting permission for an existing multi- tenant commercial building Zoned C-6 to calculate the required off-street parking space ratio using an aggregate sum for each individual tenant rather than using a calculation for the overall plaza requirement, on Part Lot 245, Plan 374, 396 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 118 - CITY OF KITCHENER 8. Submission No.: A 2018-037 (Cont’d) 1. That the owner shall ensure this approval is limited to the parking requirement of the current individual uses in the building which include: the Sale, Rental, Service, Storage, or repair of Motor Vehicles; Personal Services. If the uses change and the new uses require more parking spaces above what can be legally provided on the property, the owner must submit a new minor variance application and the parking requirement will be reassessed. 2. That the owner shall ensure all new tenants obtain a Zoning (Occupancy) Certificate from the Planning Division. 3. That the approval of Minor Variance Application A 2018-037 be approved as per the requested gross floor areas for the following: automotive servicing business having 686 sq.m, the personal service/warehouse business having 585 sq.m.; and, the health office having 295 sq.m as it currently exists this date; and, any future tenant to meet parking requirement for each individual use based on the gross floor area of the unit. 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 9. Submission No.: A 2018-038 Applicant: Rob and Sheila Yendt Property Location: 105 Brubacher Street Legal Description: Part Lot 153, Plan 414 Appearances: In Support: J. Adam Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a rear yard addition and porch on an existing single detached dwelling having a side yard setback abutting Lydia Street of 3.65m rather than the required 4.5m; having a corner lot width of 12.89m rather than the required 15m; to legalized an existing driveway having a width of 1.89m and a depth or 4.56m that has 0 off-street parking spaces rather than the required 1 off-street parking space; and, to permit an encroachment into the Corner Visibility Triangle (CVT) and the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the CVT or DVT. The Committee considered Community Services Department report CSD-18-079 dated April 10, 2018, recommending approval of this application subject to the conditions as outlined in the staff report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 3, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 119 - CITY OF KITCHENER 9. Submission No.: A 2018-038 (Cont’d) Mr. J. Adam was in attendance in support of the subject application and the staff recommendation. Moved by Mr. A. Head Seconded by Ms. P. Kohli That the application of ROB and SHEILA YENDT requesting permission to construct a rear yard addition and porch on an existing single detached dwelling having a side yard setback abutting Lydia Street of 3.65m rather than the required 4.5m; having a corner lot width of 12.89m rather than the required 15m; to legalize an existing driveway having a width of 1.89m and a depth or 4.56m that has 0 off-street parking spaces rather than the required 1 off-street parking space; and, to permit an encroachment into the Corner Visibility Triangle (CVT) and the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the CVT or DVT, on Part Lot 153, Plan 414, 105 Brubacher Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit from the Building Division for the proposed addition and deck by December 31, 2018. 2. That the owner shall obtain a driveway encroachment agreement between the 105 Brubacher Street and 103 Brubacher Street properties to the satisfaction of the Director of Transportation Services. 3. That the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan by December 31, 2018. No changes to the said plan shall be granted except with the prior approval of the City’s 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. 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 2018-016 Applicants: Roy and Murielle Stewart Property Location: 3 Chapel Hill Drive Legal Description: Lot 5, Plan 1123 Appearances: In Support: M. Nielson Contra: N. Richardson R. Kauk COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 120 - CITY OF KITCHENER 1. Submission No.: B 2018-016 (Cont’d) Written Submissions: E. Hill The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 30.734m, a depth of 40.931m and an area of 1206 sq.m. The retained land will have a width of 45.669m, a depth of 25m and an area of 1094 sq.m. Permission is also being requested to grant an easement over the severed land having a width of 5m, a length of 21m and an area of 105 sq.m. in favour of the retained lands for sanitary services. Both lots will continue to be a residential use. The Committee considered Community Services Department report CSD-18-080 dated April 9, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 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 City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed 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 Caryndale Drive 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.” The Committee considered the report of Kitchener-Wilmot Hydro Inc. dated March 2, 2018, advising although they have no objection to this application, they note the Applicant/Authorized Agent should be aware that KWHI has overhead distribution lines below applications to ensure compliance with all applicable standards and regulations, a minimum horizontal distance (setback) of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole. The values take into consideration: a. The maximum distance a KWHI typical powerline may swing (1.5m) during windy condition. b. 3.0m minimum working distance per OHSA c. Framing on 7’-6” cross-arm. Outer wire is attached approximately 3’-6” (~1m) from centre of pole. d. If pole line is framed using 9’-6” cross-arm, the distance from centre of pole should be adjusted accordingly. That is, 6.0m from centre line of pole. The Committee considered a written submission in opposition to the subject application. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 121 - CITY OF KITCHENER 1. Submission No.: B 2018-016 (Cont’d) Mr. M. Nielson was in attendance in support of the subject application and the staff recommendation. The Chair noted the comments from the Region of Waterloo and requested those conditions be imposed as part of the Committee’s decision. Ms. N. Richardson addressed the Committee in opposition to the subject application. She indicated she purchased a property in the area due to the large lot sizes, noting in her opinion the proposed severance is not in keeping with the character of the neighbourhood. In response to questions regarding the location of the driveway, Ms. F. Hosseini advised Transportation Services have no concerns with the driveway location. Moved by Mr. A. Head Seconded by Ms. P. Kohli That the application of MURIELLE and ROY STEWART requesting permission to sever a parcel of land having a width of 30.734m, a depth of 40.931m and an area of 1206 sq.m.; and, to grant an easement having an approximate width of 5m, a length of 21m and an area of 105 sq.m. in favour of the retained land for sanitary services, on Lot 5, Registered Plan 1123, 3 Chapel Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 2. That the owners 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 owners shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed lands. 5. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands, or otherwise receive relief from Engineering Services for this requirement. 6. That the owners shall prepare a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services, prior to endorsement of the deed for the severed lands. 7. That the owners shall complete and submit the Development and Reconstruction As- Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City’s to Engineering Services, prior to endorsement of the deed for the severed lands. 8. That the owners shall submit a site plan drawing and elevation drawings illustrating that the proposed development will be compatible and in conformity with Sections 4.C.1.7. and 4.C.1.9. of the 2014 Official Plan, to the satisfaction of the Director of Planning. In addition, the owners shall obtain a building permit from the City’s Building Division and the above mentioned drawings shall be implemented through the building permit process, to the satisfaction of the City’s Planning Division and Building Division. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 122 - CITY OF KITCHENER 1. Submission No.: B 2018-016 (Cont’d) 9. That the owners shall submit a parking plan to the satisfaction of the City’s Planning Division and Transportation Services showing a functional driveway and a minimum of 1 functional parking space, for the retained lot. Furthermore, the driveway and parking space(s) shall be functional to the satisfaction of the City’s Transportation Services Division and shall comply with the Zoning By-law. The owners shall implement said plan to the satisfaction of the City’s Planning Division. 10. That the owners shall make financial arrangements, to the satisfaction of the City’s Director of Engineering Services, for 100 percent of the cost of a municipal sidewalk on Caryndale Drive, along the full width the severed lot. 11. That the owners 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 owners shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. That the owners further agree to implement the approved plan. No changes to the said plan shall be granted, except with the prior approval of the City’s Director of Planning. 12. That the owners shall fulfill the following conditions related to the creation of a sanitary sewer easement over the severed lot in favour of the retained lot: a. That the Transfer Easement document(s) required to create the Easement being approved herein shall include the following, and shall be approved by the City Solicitor, in consultation with the City’s Director of Planning and Director of Engineering Services: i. a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and ii. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. b. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 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 City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 123 - CITY OF KITCHENER 1. Submission No.: B 2018-016 (Cont’d) 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 Caryndale Drive 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. 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 March 19, 2020. Carried 2. Submission No.: B 2018-024 Applicant: Twin City Dry Storage Ltd. Property Location: 259, 275 & 335 Gage Avenue Legal Description: Part Lots 7 to 9, Plan 401 Appearances: In Support: T. Hawkins Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land municipally addressed as 335 Gage Avenue having a width of 136.4m, a depth of 128.6m and an area of 1.5615 hectares. The retained land municipally addressed as 259-275 Gage Avenue will have a width of 181.2m, a depth of 125m and an area of 2.2275 hectares. The uses will continue to be warehouse/wholesale/contractor/commercial recreation. The Committee considered Community Services Department report CSD-18-081 dated April 9, 2018, recommending approval of this application subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 124 - CITY OF KITCHENER 2. Submission No.: B 2018-024 (Cont’d) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated April 6, 2018, advising they have no objection to these applications, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350. The Chair stated staff have requested an amendment to Condition 8 of the staff recommendation to reference “building” rather than “house”. In addition, he noted the condition requested by the Region of Waterloo will also be included in the Committee’s decision this date. Mr. T. Hawkins was in attendance in support of the subject application and the staff recommendationas amended. Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of TWIN CITIES DRY STORAGE LTD. requesting permission to sever a parcel of land municipally addressed as 335 Gage Avenue having an approximate width of 25.5m, a depth of approximately 128.6m and an area of 1.5615 hectares, on Part Lots 7 to 9, Plan 401, 259-275 and 335 Gage 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 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. 5. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 7. 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. 8. That the owner shall provide Engineering Services staff with confirmation that the basement elevation of the building 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. 9. That the owner shall obtain site plan approval for both the severed and retained lands to the satisfaction of the Manager of Site Development & Customer Service. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 125 - CITY OF KITCHENER 2. Submission No.: B 2018-024 (Cont’d) 10. That the owner shall obtain Zoning (Occupancy) Certificates for the severed and retained lands from the Planning Division. 11. That the owner shall provide a building code assessment prepared by an architect or engineer related to exposing building faces, specifically to spatial separation calculations, for the building wall faces as they relate to the proposed severance line, to the satisfaction of the City’s Chief Building Official prior to endorsement of the deed for the severed lands. In addition, the owner shall obtain a building permit to complete any remedial work/upgrade exterior walls and/or close openings recommended by the building code assessment and complete said remedial work/upgrades, pending results of the spatial separation calculation results, to the satisfaction of the City’s Chief Building Official, prior to endorsement of the deed for the severed lands. 12. That the owner shall make financial arrangements, to the satisfaction of the City’s Director of Engineering Services, for 100 percent of the cost of a municipal sidewalk on Gage Avenue, along the full width the severed lot. 13. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being April 16, 2020. Carried 3. Submission No.: B 2018-025 Applicant: Michael Krause Property Location: 50 Brookside Crescent Legal Description: Part Block O and Lot 87, Registered Plan 1334 Appearances: In Support: M. Krause Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 9.52m, a depth of 35.448m and an area of 337.46 sq.m. The retained land will have a width of 46.632m, a depth of 43.464m and an area of 2037 sq.m. The heritage home will be maintained and the new lot is proposed for a single detached dwelling. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 126 - CITY OF KITCHENER 3. Submission No.: B 2018-025 (Cont’d) The Committee considered Community Services Department report CSD-18-082 dated April 6, 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 April 6, 2018, advising they have no objection to these applications, subject to the following condition: “That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.” Mr. M. Krause was in attendance in support of the subject application and the staff recommendation. Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of MICHAEL KRAUSE requesting permission to sever a parcel of land having a width of 9.52m, a depth of 35.448m and an area of 337.46 sq.m., on Part Block O and Lot 87, Registered Plan 1334, 50 Brookside Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 4. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication in the amount of $4,379.20 equal to 5% of the value of the lands to be severed. 5. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Planning, and registered on title of the severed lands. Said agreement shall include the following special conditions: A. Prior to April 17, 2019 (i.e., within 1 year of the date of the decision): i. That the owner shall prepare a Tree Preservation Plan/Enhancement Plan for the severed lots, and the retained lot, in accordance with the City’s Tree Management Policy, each of which is to be approved by the City’s Director of Planning. Such plans shall include, among other matters, retention of street trees along Brookside Crescent adjacent to the proposed lot, identification of proposed driveways, proposed building envelopes / work zones, landscaped areas, proposed additional street trees, and vegetation to be preserved. B. Prior to Endorsement of the Deeds associated with consent application B 2018-025 or April 17, 2020, whichever shall occur first: i. That the owner shall agree to implement the mitigation measures, including front yard setback, building height, dwelling and garage design, materials, and colours, related to the proposed new dwelling on the severed lands in accordance with the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018, to the satisfaction of the City’s Director of Planning. Further, the approved Heritage Impact Assessment shall be registered on title of the subject lands, and attached to the subdivision agreement. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 127 - CITY OF KITCHENER 3. Submission No.: B 2018-025 (Cont’d) C. Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first i. That the owner shall implement all approved measures for the protection of trees as approved in the Tree Preservation Plan (where applicable) and to provide written certification from the owner’s Environmental Consultant to the City’s Director of Planning that all protection measures have been implemented and inspected, in accordance with the City’s Tree Management Policy. No changes to the said plans shall be granted, except with the prior approval of the City’s Director of Planning. D. Prior to Application for and Issuance of any Building Permits: i. That the owner shall agree that the retained lands will be designated under Part IV of the Ontario Heritage Act in accordance with the heritage attributes listed in the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018. ii. That the owner shall agree to submit building elevation, building location, and lot grading drawings for the Severed Lands in accordance with the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018, for approval by the City’s Director of Planning. The owner further agrees that dwellings shall be designed and constructed in accordance with the approved plans, to the satisfaction of the City’s Chief Building Official. E. Other Time Frames: i. That the owner shall agree that no building permit shall be applied for or issued for the Severed Lands unless the building designs are in accordance with the approved Heritage Impact Assessment and the approved building elevation drawings to the satisfaction of the City’s Chief Building Official and the City’s Director of Planning. The owner and subsequent owners of the affected lot are advised that this requirement shall also apply to future additions and major alterations. ii. The owner shall agree to develop the severed lands in accordance with the approved Heritage Impact Assessment and the approved building elevation drawings, to the satisfaction of the City’s Director of Planning. iii. That prior to the final approval of the plan to be registered, the owner shall fulfill the following: a. The owner shall register the approved Heritage Impact Assessment on title of the severed lands, and attach the approved Heritage Impact Assessment to the subdivision agreement. 6. That the owner shall make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service lands all prior to severance approval. 7. That the owner shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 128 - CITY OF KITCHENER 3. Submission No.: B 2018-025 (Cont’d) 9. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 10. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 11. That the owner shall provide Engineering Services staff with confirmation 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 Services. 12. In accordance with Section 53 of the Ontario Water Resources Act, an environmental compliance approval for sewage works will be required by the Ministry of Environment and Climate Control for the extension of the municipal sewer to the satisfaction of the Director of Engineering prior to approval. 13. That the owner shall obtain building permits for servicing and or construction of a new unit. 14. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being April 16, 2020. Carried 4. Submission Nos.: B 2018-026 and B 2018-027 Applicant: 114-120 Victoria Street South Inc. Property Location: 114-120 Victoria Street South Legal Description: Part Lot 553, Registered Plan 378 Appearances: In Support: H. Price Contra: None COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 129 - CITY OF KITCHENER 4. Submission Nos.: B 2018-026 & B 2018-027 (Cont’d) Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 40.8m, a depth of 65.6m and an area of 2,673.6 sq.m. The retained land will have a width of 64.9m, a depth of 65.6m and an area of 3,878 sq.m. Permission is also being requested to grant a blanket easement over the retained lands in favour of the severed lands for the purpose of stormwater management and rights of access, as well as a blanket easement over the severed lands in favour of the retained lands for rights of access. The proposed use of the subject lands are intended for office, commercial and residential. The Committee considered Community Services Department report CSD-18-083 dated April 6, 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 April 6, 2018, advising they have no objection to these applications, subject to the following condition: 1. That prior to final approval, the applicant provide an update to the environmental noise study entitled “Noise Feasibility Study, Proposed Mixed-Use Development, 114-120 Victoria Street South, Kitchener, ON” dated October 25, 2017 as prepared by HGC Engineering, and, if necessary, based on the findings of the report, enter into a Registered Development Agreement with the Region of Waterloo and/or the City of Kitchener, to implement the recommendations of the report. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated April 5, 2018 advising although they have no objection to this application, they note a small portion of the subject property is within the flood fringe portion of the floodplain associated with Schneider Creek, as well as the 5 metre regulatory allowance to the floodplain. Please note that any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. The Committee was in receipt this date of email correspondence for Ms. H. Price, GSP Group, dated April 17, 2018 requesting amendments to the recommendation as outlined in the staff report. Ms. H. Price addressed the Committee in support of the subject application. She stated she had circulated an email request to Planning staff prior to the meeting this date requesting amendments to the staff recommendation. The Chair confirmed the Committee was in receipt of the email regarding the requested amendments. Ms. J. Von Westerholt stated staff had no objections to the amendments requested by the applicant as outlined in the email correspondence. A motion was brought forward by Ms. P. Kohli to approve the staff recommendation including amendments as outlined in the email correspondence received this date. B 2018-026 Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of 114-120 VICTORIA STREET SOUTH INC. requesting permission to sever a parcel of land having a width of 40.8m, a depth of 65.6m and an area of 2,673.6 sq.m.; and, to grant a shrinking blanket easement over the severed land in favour of the retained land for the purpose of rights of access for pedestrians, vehicles and parking, on Part Lot 553, Registered Plan 378, 114-120 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 130 - CITY OF KITCHENER 4. Submission Nos.: B 2018-026 & B 2018-027 (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 make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 4. That the owner shall provide a servicing plan showing outlets to the municipal servicing system for both the severed and retained lands to the satisfaction of Engineering Services. 5. That Zoning By-law 2018-036 be in full force and effect or that an appropriate minor variance application be submitted and approved with respect to any matters of zoning compliance to the satisfaction of the Director of Planning. 6. That the owner shall ensure the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor (optional: in consultation with the City’s Director of Planning): a. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 7. That the owner shall provide a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 8. 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 severed and retained lands. 9. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands, or otherwise receive relief from Engineering Services for this requirement. 10. That the owner shall provide Engineering Services staff with confirmation that the basement elevation of the building can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the owner. 11. That the owner shall submit and receive approval of all building permits including any required demolition permits for any buildings currently on site. 12. That the owner shall ensure the Region of Waterloo approves the environmental noise study entitled “Noise Feasibility Study, Proposed Mixed-Use Development, 114-120 Victoria Street South, Kitchener, ON” dated October 25, 2017 as prepared by HGC Engineering, and, if necessary, based on the findings of the report, the owner shall enter into a Registered Development Agreement with the Region of Waterloo and/or the City of Kitchener, to implement the recommendations of the report. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 131 - CITY OF KITCHENER 4. Submission Nos.: B 2018-026 & B 2018-027 (Cont’d) 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 April 16, 2020. Carried B 2018-027 Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of 114-120 VICTORIA STREET SOUTH INC. requesting permission to create a blanket easement over the retained lands in favour of the severed lands for the purpose of stormwater management and to create a reciprocal shrinking blanket easement over the retained lands in favour of the severed lands for the purpose of rights of access for both pedestrians and vehicles as well as parking, on Part Lot 553, Registered Plan 378, 114-120 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 Consent Application B 2018-026 shall receive full and final approval. 4. That the owner shall ensure the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor (optional: in consultation with the City’s Director of Planning): a. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 5. That the owner shall ensure a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 132 - CITY OF KITCHENER 4. Submission Nos.: B 2018-026 & B 2018-027 (Cont’d) 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 April 16, 2020. COMBINED APPLICATIONS: 1. Submission Nos.: B 2018-028, B 2018-029, A 2018-039 & A 2018-040 Applicant: Primeland Developments (2003) Limited Property Location: Rockcliffe Drive Legal Description: Part of Rockcliffe Drive, Registered Plan 58M-568, Block 30, being Parts 1 and 2 on Reference Plan 58R-20035 Appearances: In Support: N. Bogaert 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 119-127 Rockcliffe Drive, and will have the following dimensions: B 2018-028 - (Severed Lot 1) Width - 10.97m Depth - 35.97m Area - 395 sq. m. Severed Lot 1 will also require a minor variance to permit a lot with of 10.97 rather than the required 11.5m B 2018-029 - (Severed Lot 2) Width - 10.97m Depth - 36m Area - 395 sq. m. Severed Lot 2 will also require a minor variance to permit a lot with of 10.97 rather than the required 11.5m Retained Width - 14.72m Depth - 36.971m COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 133 - CITY OF KITCHENER 1. Submission Nos.: B 2018-028, B 2018-029, A 2018-039 & A 2018-040 (Cont’d) Area - 472 sq. m. The Committee considered Community Services Department report CSD-18-084 dated April 10, 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 March 12, 2018, advising they have no objection to Consent Applications B 2018-028 and B 2018-029. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 3, 2018, advising they have no concerns with applications A 2018-039 and A 2018-040. Mr. N. Bogaert addressed the Committee in support of the subject application and the staff recommendation. Submission No.: B 2018-028 Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of PRIMELAND DEVELOPMENTS (2003) LIMITED requesting permission to sever a parcel of land identified as Severed Lot 1 on the plan submitted with the application, which will be municipally addressed as 123 Rockcliffe Drive, having a width of 10.97m, a depth of 35.97m and an area of 395 sq.m., on Block 30, Registered Plan 58M-607, 119-127 Rockcliffe Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That Minor Variance Applications A 2018-039 and A 2018-040 shall receive full and final approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 134 - CITY OF KITCHENER 1. Submission Nos.: B 2018-028, B 2018-029, A 2018-039 & A 2018-040 (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 April 16, 2020. Carried Submission No.: B 2018-029 Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of PRIMELAND DEVELOPMENTS (2003) LIMITED requesting permission to sever a parcel of land identified as Severed Lot 2 on the plan submitted with the application, which will be municipally addressed as 127 Rockcliffe Drive, having a width of 10.97m, a depth of 36m and an area of 395 sq. m., on Block 30, Registered Plan 58M-607, 119-127 Rockcliffe Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3. That Minor Variance Applications A 2018-039 and A 2018-040 shall receive full and final approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being April 16, 2020. Carried Submission No.: A 2018-039 Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of PRIMELAND DEVELOPMENTS (2003) LIMITED requesting permission for the property shown as Severed Lot 1 on the plan submitted with the application to permit a lot width of 10.97 rather than the required 11.5m, on Block 30, Registered Plan 58M-607, 123 Rockcliffe Drive, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 135 - CITY OF KITCHENER 1. Submission Nos.: B 2018-028, B 2018-029, A 2018-039 & A 2018-040 (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 Submission No.: A 2018-040 Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of PRIMELAND DEVELOPMENTS (2003) LIMITED requesting permission for the property shown as Severed Lot 2 on the plan submitted with the application to permit a lot width of 10.97 rather than the required 11.5m, on Block 30, Registered Plan 58M-607, 127 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 2. Submission Nos.: B 2018-030, A 2018-041 & A 2018-042 Applicant: Vladan Knezevic Property Location: 151 Fifth Avenue Legal Description: Part Block F, Plan 254 Appearances: In Support: V. Knezevc Contra: F. Wasielewski Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 15.24m, a depth of 17.75m and an area of 271.1 sq.m. The retained land will have a width of 24.99m, a depth of 17.84m and an area of 447.6 sq.m. Permission is also being requested for minor variances for the retained land to permit a rear yard setback for the existing single detached dwelling to have a rear yard setback of 2.27m rather than the required 7.5m; and , COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 136 - CITY OF KITCHENER 2. Submission Nos.: B 2018-030, A 2018-041 & A 2018-042 (Cont’d) to permit the required off-street parking space to be located 2.16m from the street line rather than the required 6m. In addition, permission is being requested for a minor variance for the severed land to permit a rear yard setback for the proposed dwelling of 3.35m rather than the required 7.5m. Both parcels will continue to have a residential use. The Committee considered Community Services Department report CSD-18-085 dated April 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 April 6, 2018, advising they have no objection to application B 2018- 030, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Committee considered the report of the Region of Waterloo, Transportation Planner dated April 3, 2018, advising they have no concerns with applications A 2018-039 and A 2018-040. Mr. V. Knezevc addressed the Committee in support of the subject application and staff recommendation. He noted for the Committee’s reference he not likely going to start development on the subject property for a minimum of one year as he currently has another project underway. The Chair noted there are no time restrictions being recommendation as part of the staff recommendation related to the minor variances. Mr. F. Wasluski addressed the Committee in opposition the subject application. He expressed concerns with the proposed rear yard setback, indicating concerns with privacy in his rear yard. In addition, he stated concerns with grading, noting he does not wish to have concerns with water run-off due to the new construction. The Chair noted the concerns with grading would be addressed at the time of Building Permit, noting the applicant would be required to contain his own water run-off on the subject property. Mr. Knezevc addressed the concerns raised by the neighbouring property owner. He stated the run-off does not originate from the subject property; rather, it originates from the lot adjacent to the subject property. He further advised the rear yard setback on the proposed dwelling is intended to be aligned, and have a similar setback, to the deck in the neighbours’ rear yard and would be subject to the same type of privacy as what is in existence this date. In response to questions regarding tree management, Mr. G. Stevenson advised the applicant would be required to complete the tree preservation plan as submitted with the subject application. In addition, he advised the applicant would also be subject to the grading plan as part of the Committee’s approval. Submission No.: B 2018-030 Moved by Mr. A. Head Seconded by Ms. P. Kohli That the application of VLADAN KNEZEVIC requesting permission to sever a parcel of land having a width of 15.24m, a depth of 17.75m and an area of 271.1 sq.m., on Part Block F, Plan 254, 151 Fifth 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 137 - CITY OF KITCHENER 2. Submission Nos.: B 2018-030, A 2018-041 & A 2018-042 (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 Minor Variance Applications A 2018-041 and A 2018-042 shall receive full and final approval. 4. 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. 5. That the owner shall provide a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 6. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: a. That the owner shall agree to submit and receive approval of a site drawing and building elevation drawings for the future residential building on the retained lots, to the satisfaction of the City’s Director of Planning, prior to the issuance of a building permit. b. That the owner shall receive approval of a final Tree Preservation Plan for the severed lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. The final Tree Preservation Plan shall include a Tree Planting Compensation Plan to that is acceptable to the City’s Urban Forestry department, identifying replacement or compensation plantings for the removal of any City-owned street tree. The owner shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. c. That prior to building permit issuance, the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. d. That prior to building permit issuance, the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved shared driveway ramp. e. That prior to building permit issuance, the owner make financial arrangements to the satisfaction of the City's Engineering Services for the removal of any redundant service connections to the (severed lands and/or retained) lands. f. 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 Engineering Division prior to building permit issuance. g. That prior to building permit issuance, the owner provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 138 - CITY OF KITCHENER h. That prior to building permit issuance, the Owner provides Engineering 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 forcemain to the property line and have a gravity sewer to move the sewage from the property line to the street. 6. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the retained lands which shall include the following: a. That the owner shall receive approval of a final Tree Preservation Plan for the severed lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. 7. That a satisfactory Solicitor’s Undertaking be provided to immediately register the modified subdivision agreements as outlined in conditions 6 and 7 above on title of the severed and retained lands and that copies be provided to the City Solicitor. 8. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being April 16, 2020. Carried Submission No.: A 2018-041 Moved by Mr. A. Head Seconded by Ms. P. Kohli That the application of VLADAN KNEZEVIC requesting permission for a single detached dwelling on the retained lands identified in Consent Application B 2018-030 to have a rear yard setback of 2.27m rather than the required 7.5m; and, to permit the required off-street parking space to be located 2.16m from the street line rather than the required 6m, on Part Block F, Plan 254, 151 Fifth Avenue, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT MINUTES APRIL 17, 2018 - 139 - CITY OF KITCHENER 2. Submission Nos.: B 2018-030, A 2018-041 & A 2018-042 (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 Submission No.: A 2018-042 Moved by Mr. A. Head Seconded by Ms. P. Kohli That the application of VLADAN KNEZEVIC requesting permission to construct a residential dwelling on the severed lands identified in Consent Application B 2018-030 to have a rear yard setback of 3.35m rather than the required 7.5m, on Part Block F, Plan 254, 151 Fifth 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 ADJOURNMENT On motion, the meeting adjourned at 11:16 a.m. Dated at the City of Kitchener this 20th day of March, 2018 Dianna Saunderson Secretary-Treasurer Committee of Adjustment