HomeMy WebLinkAboutCA Agenda - 2018-07-17THE CITY OF KITCHENER Kitchener City Hall
COMMITTEE OF ADJUSTMENT 200 King St w
NOTICE OF HEARING Box 1118
Kitchener ON N2G 4G7
Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594
As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca
TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY,
July 17, 2018, commencing at 10:00 a.m., in the Council Chamber, 2nd Floor, Kitchener City Hall,
200 King Street West, Kitchener for the purpose of hearing the following applications for Minor Variance
and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You have
received this notice pertaining to the application number referenced on the front of your envelope
as a courtesy. Anyone having an interest in any of these applications may attend this meeting. Please
note this meeting is open to the public and may be recorded.
Copies of written submissions and public agencies' comments are available on Friday afternoon prior to
the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using the
calendar of events, see the meeting date for more details.
APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT
A 2018-057 - 901 Pebblecreek Court
Permission to construct an addition in the rear yard of an existing single detached dwelling having a rear
yard setback of 5.8m rather than the required 7.5m; and, a side yard setback abutting Pebblecreek Drive of
4.3m rather than the required 4.5m.
A 2018-058 - 352 Maple Avenue
Permission to convert the existing warehousing and office building into a self-service storage and
warehousing office building having a rear yard setback of 3m rather than the required 7.5m.
A 2018-059 - 39 Susan Crescent
Permission to construct an addition in the rear yard of an existing single detached dwelling having a rear
yard setback of 2.9m rather than the required 7.5m.
A 2018-060 - 6 Waterwillow Crescent
Permission to construct an addition in the rear yard of a single detached dwelling to convert the dwelling into
a duplex, having a rear yard setback of 4m rather than the required 7.5m; an existing corner lot width of
12.3m rather than the required 15m; a driveway width of 7.5m rather than the permitted maximum of 6.15m;
to have an encroachment into the Corner Visibility Triangle (CVT) whereas the By-law does not permit
encroachments into the CVT; and, to have a driveway located 3.8m from the intersection of Waterwillow
Drive rather than the required 9m setback.
A 2018-061 - 1 Adam Street
Permission to allow the development of land to not have frontage on a public street, but rather to have access
over a private roadway that leads to a public street, whereas the By-law requires all lots to have frontage on
a public street.
A 2018-062 - 330 Joseph Schoerg Crescent
Permission to construct an addition in the rear yard of a single detached dwelling having a westerly side yard
setback of 1.48m rather than the required 10m; and, to allow a parking space located within the attached
garage to have a westerly side yard setback of 1.48m rather than the required 10m.
Page 1 of 4
A 2018-063 - Doonwoods Crescent (Part of Lot 2, Beasley's New Survey, being Parts 2 and 3 on
Reference Plan 58R-17119, Save and Except 58M-558, subject to an easement in gross over Part 1 on
Reference Plan 58R-17937)
Permission for future residential lots located on lands shown as "Area 1" on the plan submitted with the
application, and which are currently zoned R-3 with a Special Regulation Provision 553R, to have minimum
lot widths of 12.2m rather than the required 15m.
B 2018-044 - 43 Barclay Avenue
Permission to sever a parcel of land having a width on South Drive of 12.51 m, a northerly depth of 21.726m
and an area of 244.8 sq.m. The retained land will have a width on Barclay Avenue of 12.978m, a depth of
22.186m and an area of 282.8 sq.m. Both parcels are intended for residential use.
B 2018-045 - 603 Lancaster Street West
Permission to grant an easement along the westerly property line having a width of 1.372m, a depth of
46.415m and an area of 63.68 sq.m. in favour of the property municipally addressed as 605 Lancaster Street
West for access.
B 2018-046 - 605 Lancaster Street West
Permission to grant an easement along the easterly property line having a width of 1.372m, a depth of
46.415m and an area of 63.68 sq.m. in favour of the property municipally addressed as 603 Lancaster Street
West for access.
B 2018-047 — 239 Wellington Street North
Permission to sever a parcel of land having a width of 10.059m, a depth of 48.217m and an area of 492.9
sq.m. The retained land will have a width of 10.058m, a depth of 48.217m and an area of 492.8 sq.m. The
lots are intended for the construction of residential duplexes.
B 2018-048 to B 2018-050 - Vacant Lot Corner Weichel Street and Victoria Street South
Permission to sever 3 lots for residential development and retain 1 lot. The three proposed lots will front onto
Weichel Street and the retained land will front onto Victoria Street South. The proposed lots will have the
following dimensions:
B 2018-048 (Lot 1 - Corner Weichel Street and Victoria Street South)
Width - 18.57m
Depth - 31.71 m
Area - 584 sq.m.
B 2018-049 (Lot 2 - Middle Lot)
Width - 15.24m
Depth - 31.71 m
Area - 470 sq.m.
B 2018-050 (Lot 3)
Width - 15.24m
Depth - 31.71 m
Area - 470 sq.m.
Retained (Lot Fronting onto Victoria Street South
Width - 10m
Depth - 51.82m
Area - 358 sq.m.
Page 2 of 4
B 2018-051 & A 2018-064 - 304 Park Street
Permission to sever a parcel of land having a width on Gruhn Street of 12.802m, a depth of 17.808 and an
area of 235 sq.m. The retained land will have a width on Park Street of 15.16m, a depth of 23.31m and an
area of 359 sq.m. Permission is also being requested for the existing dwelling on the retained land to have
a rear yard setback of 4.95m rather than the required 7.5m; a driveway width of 2.4m rather than 2.6m; and,
a westerly side yard 2.4m with an existing driveway rather than the required 3m.
B 2018-052, A 2018-065 and A 2018-066 - 101 Mt. Hope Street
Permission to sever a parcel of land so each half of a semi-detached residential development can be dealt
with separately. The severed land will have a width of 7.6m, a depth of 27.432m and an area of 209.1 sq.m.
The retained land will have a width of 7.6m, a depth of 27.432m and an area of 209.1 sq.m. Permission is
also being requested for minor variances for the severed and retained lands to permit a lot area of 209.1
sq.m rather than the required 235 sq.m.; and, to permit a building height of 10.6m rather than the maximum
building height of 10.5m.
B 2018-053, A 2018-067 and A 2018-068 - 105 Mt. Hope Street
Permission to sever a parcel of land so each half of a semi-detached residential development can be dealt
with separately. The severed land will have a width of 7.6m, a depth of 27.432m and an area of 209.1 sq.m.
The retained land will have a width of 7.6m, a depth of 27.432m and an area of 208.7 sq.m. Permission is
also being requested for minor variances for the severed and retained lands to permit a lot area of 209.1
sq.m. for the severed land and 208.7 sq.m. for the retained land rather than the required 235 sq.m.; and, to
permit a building height of 10.6m rather than the maximum building height of 10.5m.
B 2018-054 & A 2018-069 - 44 Fifth Avenue
Permission to sever a parcel of land so each half of a semi-detached residential development can be dealt
with separately. The severed land will have a width of 6.8m, a depth of 40.2m and an area of 273.4 sq.m.
The retained land will have a width of 7.5m, a depth of 40.2m and an area of 301.5 sq.m. Permission is also
being requested for a minor variance for the severed land to permit a lot width of 6.8m rather than the required
7.5m.
• additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King
Street West, Kitchener (519-741-2200 ext.7594).
• copies of written submissions/public agencies' comments are available on Friday afternoon prior to the
meeting on the City of Kitchener website www.kitchener.ca in the calendar of events, see the meeting
date for more details.
• anyone having an interest in any of these applications may attend this meeting.
• a person or public body that files an appeal of a consent decision of the Committee of Adjustment must
make written submissions to the Committee before the Committee gives or refuses to give a Provisional
Consent otherwise the Ontario Municipal Board may dismiss the appeal.
• any personal information received in relation to this meeting is collected under the authority s. 28(2) of
the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee
of Adjustment applications. Questions about the collection of information should be directed to Holly
Dyson at holly. dyson(a)kitchener.ca.
• if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer,
Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles
you to be advised of a possible Ontario Municipal Board hearing; even if you are the successful party you
should make this request as the decision could be appealed by the applicant or another party.
Page 3 of 4
Dated the 29th day of June, 2018.
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment
THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE
OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD
ON JUNE 29, 2018.
Page 4 of 4
Staff Report
Development Services Department
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www.ki tch en er. c a
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
July 17, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Alison Bucking, Student Planner— 519-741-2200 ext.7074
WARD:
2
DATE OF REPORT:
July 9, 2018
REPORT #:
DSD -18-057
SUBJECT:
A2018-057 -901 Pebblecreek Court
Owner —Alvin Pooran
Applicant — Paul Gerassime
Approve with Condition
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Location Map: 901 Pebblecreek Court
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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REPORT
Planning Comments:
The subject property located at 901 Pebblecreek Court is designated Low Rise Residential in the
Official Plan and Residential Four (R-4) in Zoning By-law 85-1. The subject property is located at the
intersection of Pebblecreek Court and Pebblecreek Drive and contains a single detached dwelling. The
applicant is proposing to construct a 2 -storey rear addition on the existing single detached dwelling.
The applicant is requesting relief from Section 38.2 of Zoning By-law 85-1 to permit a side yard abutting
a street setback of 4.3 metres whereas Zoning By-law 85-1 requires a minimum side yard abutting a
street setback of 4.5 metres and a rear yard setback of 5.8 metres whereas Zoning By-law 85-1
requires a rear yard setback of 7.5 metres.
City Planning staff conducted a site inspection of the property on July 4, 2018
901 Pebblecreek Court
View of the Rear Yard from the Street at 901 Pebblecreek Court
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offer the following comments.
The subject property is designated Low Rise Residential in both the 1994 and 2014 Official
Plan. The 2014 Official Plan designation is in effect, however a significant number of Low Rise
Residential policies from the 2014 Official Plan are under appeal and therefore, are not being relied
upon for this report. Instead, Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan is
being relied upon to determine whether the proposed variance meets the general intent of the
Official Plan. It is the opinion of staff that the requested variance for the rear addition meets the
general intent of the Official Plan designation as it maintains the intended low overall intensity of
use of the Low Rise Residential designation.
2. The subject property is zoned Residential Four (R-4). The applicant is requesting a minor
variance to permit a side yard abutting a street setback of 4.3 metres whereas Zoning By-law
85-1 requires a minimum side yard abutting a street setback of 4.5 metres and a rear yard
setback of 5.8 metres whereas Zoning By-law 85-1 requires a rear yard setback of 7.5 metres. It
is the opinion of staff 0.2 metres street side yard setback is minor and will not impact the
visibility of cars approaching the intersection of Pebblecreek Court and Pebblecreek Drive. In
reference to the rear yard setback, the purpose of the 7.5 metre rear yard setback is to provide
adequate amenity space and ensure an adequate separation distance between dwellings. The
1.7 metre reduction from the required 7.5 metre rear yard setback is minor, as the proposed 5.8
metre rear yard setback will continue to provide adequate separation distance between
dwellings and adequate amenity area. Therefore these variances meet the general intent of the
Zoning By-law.
3. The variance for reduction in side yard abutting a street setback is considered minor because
there is very little impact expected to the neighbouring properties and it does not impact the
visibility to the intersection. The variance for reduction in rear yard setback is considered minor
because it does not impact the functionality of the lands and provides a sufficient setback from
the rear neighbouring property line.
4. The proposed minor variance is considered appropriate for the use and development of the
land. The proposed single detached dwelling retains the low density residential use and is in
keeping with the low density character of the neighbourhood.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
condition outlined below in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the
proposed rear yard addition is obtained prior to construction. Please contact the Building Division @ 519-
741-2433 with any questions.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application..
Engineering Comments:
Engineering Services has no concerns with the proposed application.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
Operations Comments:
Operations has no concerns with the proposed application.
RECOMMENDATION
That application A2018-057 requesting a minor variance to permit a side yard abutting a street
setback of 4.3 metres whereas Zoning By-law 85-1 requires a minimum side yard abutting a
street setback of 4.5 metres and a rear yard setback of 5.8 metres whereas Zoning By-law 85-1
requires a rear yard setback of 7.5 metres, be approved, subject to the following condition:
1. That a building permit is obtained from the Building Division for the proposed addition to
the single detached dwelling.
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
July 04, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(5) /VAR KIT, 8141362 Ontario Inc.
(8) /VAR KIT, Michael Prendiville
(11) /VAR KIT, Goran and Milena Gligorovic
Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 901 Pebblecreek Court (A 2018-057): No concerns.
2. 352 Maple Avenue (A 2018-058): No concerns.
3. 39 Susan Crescent (A 2018-059): No concerns.
4. 6 Waterwillow Court (A 2018-060): No concerns.
5. 1 Adam Street (A 2018-061): No concerns.
6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns.
7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns.
8. 304 Park Street (A 2018-064): No concerns.
9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns.
10.105 Mt. Hope (A 2018-067 & A 2018-068): No concerns.
11. 44 Fifth Avenue (A 2018-069): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Document Number: 2769561
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
July 5, 2018
YOUR FILE: See below
Applications for Minor Variance:
A 2018-057
901 Pebblecreek Court
A 2018-058
352 Maple Avenue
A 2018-059
39 Susan Crescent
A 2018-060
6 Waterwillow Court
A 2018-061
1 Adam Street
A 2018-063
Doonwoods Crescent
A 2018-064
304 Park Street
A 2018-065
101 Mount Hope Street
A 2018-066
101 Mount Hope Street
A 2018-067
105 Mount Hope Street
A 2018-068
105 Mount Hope Street
A 2018-069
44 Fifth Avenue
Applications for Consent:
B 2018-044
43 Barclay Avenue
B 2018-047
239 Wellington Street North
B 2018-048
Weichel Street at Victoria Street South
B 2018-049
Weichel Street at Victoria Street South
B 2018-050
Weichel Street at Victoria Street South
B 2018-051
304 Park Street
B 2018-052
101 Mount Hope Street
B 2018-053
105 Mount Hope Street
B 2018-054
44 Fifth Avenue
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Report
J
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Development Services Department
www.kitchener.ca
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
Committee of Adjustment
July 1711, 2018
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Eric Schneider, Junior Planner — 519-741-2200 ext. 7843
10
July 101h, 2018
DSD -18-058
A2018-058 — 352 Maple Avenue
Applicant — Jim Witmer
Approve with Conditions
REPORT
2i Zs 321 ".
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Location Map: 352 Maple Ave
2
Planning Comments:
The subject property located at 352 Maple Avenue is zoned General Industrial Zone (M-2) with
Special Use Provision 149U in the Zoning By-law 85-1 and designated General Industrial within
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
the North Ward Secondary Plan in the 1994 Official Plan with Special Policy #4. Staff will be
relying on the 1994 Official Plan because the Secondary Plans have not been updated in the
2014 Official Plan. Staff conducted a site inspection of the property on June 29th, 2018.
The applicant is requesting relief from Section 20.3.1 in the Zoning By-law allow for a rear yard
setback of 3 metres whereas the By-law requires a rear yard setback of 7.5 metres. This
request is being made for a proposed building; however it should be noted that there is currently
a building on site with a 6.88 metre rear yard setback.
i L.
View of Area between Existing Building and the Rear Property Line (June 291h, 2018)
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments.
The requested variance meets the general intent of the General Industrial designation
within the North Ward Secondary Plan within the 1994 Official Plan. The General
Industrial designation does not specifically discuss building setbacks, but does state that
warehousing shall be a permitted use, which is the proposed use on this property.
Therefore the proposed variance meets the general intent of the Official Plan.
2. The requested variance meets the general intent of the Zoning By-law. The intent of the
regulation that requires a rear yard setback of 7.5 metres is to limit adverse impacts on
neighbouring properties. The subject property has been severed from a larger parcel in
2015. Originally, the rear lot line in question was functioning as a side lot line, which would
have required just a 1.2 metre setback. The subject property is separated from the adjacent
property by an approximately 1.8 metre high chain-link fence, plus inward facing barbed
wire. The area on the adjacent property along the subject lot line is used as a driveway
access aisle and the building on site is located approximately 10 metres from the subject lot
line. Staff believes that the proposed variance will not have an adverse impact on the
adjacent property. Therefore the general intent of the Zoning By-law is met.
3. The proposed variance is considered desirable and appropriate for the development and
use of the lands. Staff is supportive of the proposed conversion of this industrial site to a
self -storage facility, and believes that the proposed variance for reduction in rear yard
setback is appropriate for the development.
4. The variance is considered minor. The proposed building is to be used as self -storage,
which is typically visited by users infrequently. Staff consider any impacts to be minor.
Based on the foregoing, Planning staff recommends that this application be approved subject
to the conditions outlined in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit is
obtained prior to any construction on the site. Please contact the Building Division @ 519-741-
2433 with any questions.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No natural heritage issues. Only trees are landscaping elements. The property will be subject to
a refreshed Site Plan Control process which will bring forward any conditions re: landscaping,
i.e. existing / future / maintenance.
RECOMMENDATION
That application A2018-058 requesting permission to construct a building having a 3m
rear yard setback rather than the required 7.5m rear yard setback be approved, subject to
the following condition:
1. That a building permit is obtained from the Building Division prior to any
construction.
Eric Schneider, BES Juliane von Westerholt, B.E.S., MCIP, RPP
Junior Planner Senior Planner
Region of Waterloo
July 04, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(5) /VAR KIT, 8141362 Ontario Inc.
(8) /VAR KIT, Michael Prendiville
(11) /VAR KIT, Goran and Milena Gligorovic
Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 901 Pebblecreek Court (A 2018-057): No concerns.
2. 352 Maple Avenue (A 2018-058): No concerns.
3. 39 Susan Crescent (A 2018-059): No concerns.
4. 6 Waterwillow Court (A 2018-060): No concerns.
5. 1 Adam Street (A 2018-061): No concerns.
6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns.
7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns.
8. 304 Park Street (A 2018-064): No concerns.
9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns.
10.105 Mt. Hope (A 2018-067 & A 2018-068): No concerns.
11. 44 Fifth Avenue (A 2018-069): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Document Number: 2769561
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
July 5, 2018
YOUR FILE: See below
Applications for Minor Variance:
A 2018-057
901 Pebblecreek Court
A 2018-058
352 Maple Avenue
A 2018-059
39 Susan Crescent
A 2018-060
6 Waterwillow Court
A 2018-061
1 Adam Street
A 2018-063
Doonwoods Crescent
A 2018-064
304 Park Street
A 2018-065
101 Mount Hope Street
A 2018-066
101 Mount Hope Street
A 2018-067
105 Mount Hope Street
A 2018-068
105 Mount Hope Street
A 2018-069
44 Fifth Avenue
Applications for Consent:
B 2018-044
43 Barclay Avenue
B 2018-047
239 Wellington Street North
B 2018-048
Weichel Street at Victoria Street South
B 2018-049
Weichel Street at Victoria Street South
B 2018-050
Weichel Street at Victoria Street South
B 2018-051
304 Park Street
B 2018-052
101 Mount Hope Street
B 2018-053
105 Mount Hope Street
B 2018-054
44 Fifth Avenue
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Report
Development Services Department www1ltchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 17, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Tim Seyler, Technical Assistant (Planning and Zoning) — 519-741-2200
ext. 7860
WARD: 2
DATE OF REPORT: July 6, 2018
REPORT #: DSD -18-059
SUBJECT: A2018-059 — 39 Susan Crescent
Applicants — Anita & Harsch Khandelwal
Approved with Conditions
Location Map: 39 Susan Crescent
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property located at 39 Susan Crescent is zoned Residential Three (R-3), in the Zoning By-
law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is requesting
relief from Section 37.2.1 of the Zoning By-law to legalize an existing setback of 2.9 metres from the
rear lot line whereas the By-law requires 7.5 metres. The Committee of Adjustment previously
approved Application A2012-061 to legalize the 2.9 metre rear yard setback, however conditions were
not met as encroachments on to adjacent lands were required to be removed, and were not removed
by the deadline date, and therefor the decision became null and void. As a condition of the minor
variance we required the encroachments to be removed. The applicants are resubmitting the variance
application as they are requesting to build a small addition at the rear of the property that is setback
further than the 2.9 metre setback.
City Planning staff conducted a site inspection of the property on July 4, 2018.
39 Susan Crescent rear yard setback
1 _ ___ _ _ _
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-- 1 2,Wa EASEMENT. 7NST.Na 1217913 --'------' �
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ADDITIONgo Z
EUSHED
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Requested addition and existing setback of 2.9 metres
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offer the following comments.
The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and
1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of
Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not
being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official
Plan which allows for low density forms of housing such as single detached dwellings is being
relied upon to determine whether the proposed variances meet the general intent of the Official
Plan. The proposed variance meets the intent of the designation, which encourages a range of
different forms of housing to achieve a low density neighbourhood. The requested variance to
permit a reduced rear yard setback is appropriate and continues to maintain the low density
character of the property and surrounding neighbourhood. The proposed variance conforms to the
designation and it is the opinion of staff that the requested variance is appropriate and meets the
general intent of the Official Plan.
2. The requested minor variance to have a rear yard setback of 2.9 metres rather than the required
7.5 metres can be considered minor. The purpose of the 7.5 metre setback is to provide outdoor
amenity space as well as adequate separation from neighbouring properties. There is a large park
space located to the rear of the subject property. It is staffs opinion that a setback of 2.9 metres
would continue to allow outdoor amenity space to be provided and the impact on neighbouring
properties is minimal.
3. Staff is of the opinion that requested variances are minor and the approval of the rear yard
setback will not adversely affect the subject property nor will it negatively affect adjacent
properties or the surrounding neighbourhood.
4. The requested variance is appropriate for the development and use of the land. Staff is of the
opinion that the variance will cause no negative impacts on the surrounding properties within the
neighbourhood.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
addition and is currently under review.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Heritage Comments:
No heritage planning concerns.
Environmental Comments:
No variance should be approved until the matter of the encroachments in the rear yard into the adjacent
Lackner Woods (private property) is addressed. The encroachments have been ongoing as far back as
1997. In order to proceed with the variance it is recommended that a condition be applied requiring the
owners to remove any encroachments prior to the issuance of a building permit.
RECOMMENDATION
That minor variance application A2018-059 requesting relief from Section 37.2.1 to permit a rear
yard setback of 2.9m whereas 7.5m is required; be approved subject to the following conditions:
1. A building permit be obtained from the City's Building Division for the proposed addition
by April 1, 2019
2. That the Owner removes their effects from the lands located east of the subject property
prior to the issuance of a building permit, or the variance is null and void.
Tim Seyler, BES
Technical Assistant
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
July 04, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(5) /VAR KIT, 8141362 Ontario Inc.
(8) /VAR KIT, Michael Prendiville
(11) /VAR KIT, Goran and Milena Gligorovic
Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 901 Pebblecreek Court (A 2018-057): No concerns.
2. 352 Maple Avenue (A 2018-058): No concerns.
3. 39 Susan Crescent (A 2018-059): No concerns.
4. 6 Waterwillow Court (A 2018-060): No concerns.
5. 1 Adam Street (A 2018-061): No concerns.
6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns.
7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns.
8. 304 Park Street (A 2018-064): No concerns.
9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns.
10.105 Mt. Hope (A 2018-067 & A 2018-068): No concerns.
11. 44 Fifth Avenue (A 2018-069): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Document Number: 2769561
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
July 5, 2018
YOUR FILE: See below
Applications for Minor Variance:
A 2018-057
901 Pebblecreek Court
A 2018-058
352 Maple Avenue
A 2018-059
39 Susan Crescent
A 2018-060
6 Waterwillow Court
A 2018-061
1 Adam Street
A 2018-063
Doonwoods Crescent
A 2018-064
304 Park Street
A 2018-065
101 Mount Hope Street
A 2018-066
101 Mount Hope Street
A 2018-067
105 Mount Hope Street
A 2018-068
105 Mount Hope Street
A 2018-069
44 Fifth Avenue
Applications for Consent:
B 2018-044
43 Barclay Avenue
B 2018-047
239 Wellington Street North
B 2018-048
Weichel Street at Victoria Street South
B 2018-049
Weichel Street at Victoria Street South
B 2018-050
Weichel Street at Victoria Street South
B 2018-051
304 Park Street
B 2018-052
101 Mount Hope Street
B 2018-053
105 Mount Hope Street
B 2018-054
44 Fifth Avenue
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Repoil
Development Services Department
www.kitch ever. ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 17, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519-
741-2200 ext. 7110
WARD: 5
DATE OF REPORT: July 6, 2018
REPORT #: DSD -18-060
SUBJECT: A2018-060 — 6 Waterwillow Court
Applicants — Biljana Ivanovic
Variance 1 (Rear Yard): Refuse
Variance 2-5 (Legalize Existing Conditions): Approve
Location Map: 6 Waterwillow Court
REPORT
Planning Comments:
The subject property located at 6 Waterwillow Court is zoned Residential Four (R-4), in Zoning By-law
85-1 and designated Low Rise Residential in the City's Official Plan. The applicant has requested 5
variances. For Variance 1, the applicant is requesting relief from Section 38.2.1 of the Zoning By-law to
allow a setback of 4.0 metres from the rear lot line whereas the By-law requires 7.5 metres, to facilitate
a 2 -storey duplex addition.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Variances 2-5 seek to legalize existing non -compliances being:
• Relief from Section 5.3 of the Zoning By-law to locate an existing obstruction (motor vehicle) in
a corner visibility triangle, whereas no obstruction is permitted;
• Relief from Section 6.1.1.1 b) ii) e) of the Zoning By-law to allow an existing driveway width of
approximately 7.5 metres, whereas 6.15 metres is the maximum;
• Relief from Section 6.1.1.1 b) iv) to locate a driveway 3.8 metres from the intersection of street
lines, whereas 9.0 metres is required; and,
• Relief from Section 38.2.1 of the Zoning By-law to legalize an existing corner lot width of 12.3
metres, whereas 15.0 metres is required.
Front and side yard of 6 Waterwillow Court
Approximate location of proposed duplex addition
City Planning staff conducted a site inspection of the property on July 4, 2018.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and
1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of
Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not
being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official
Plan which allows for low density forms of housing such as single detached dwellings is being
relied upon to determine whether the proposed variances meet the general intent of the Official
Plan.
The proposed variances meet the intent of the designation, which encourages a range of different
forms of housing to achieve a low density neighbourhood. The requested variances to permit a
reduced rear yard setback and legalize existing non -compliances are appropriate and would
continue to maintain the low density character of the property and surrounding neighbourhood. The
proposed variances conform to the designation and it is the opinion of staff that the requested
variances are appropriate and meets the general intent of the Official Plan.
2. The requested Variance 1 to have a rear yard setback of 4.0 metres metres rather than the
required 7.5 metres does not meet the general intent of the Zoning By-law. The intent of the 7.5
metre setback is to provide outdoor amenity space as well as adequate separation from
neighbouring properties. The reduced rear yard setback would result in inadequate separation
between the proposed duplex addition and the rear yard of an adjacent property, thus not meeting
the general intent of the Zoning By-law.
As shown in the diagram below, the proposed duplex addition abuts 2 adjacent properties, being
118 Wilderness Drive, and 2 Waterwillow Court.
411111111111111111 Sol—
:"P, 6 Waterwillow Court
• Approximate location of duplex addition
6 Reduced rear yard
1d1•��� 2
*L f0
cb
-IN
Proposed addition in rear yard of 6 Waterwillow Court
With regards to the impact to 118 Wilderness Drive, the proposed duplex addition mostly abuts the
side yard of this property, thereby limiting the impacts of the proposed addition as their side yard is
less likely to be used as amenity space than the rear yard. As such, staff has no concerns with the
impacts to 118 Wilderness Drive.
However, Staff has concerns with the impacts that a reduced 4.0 metre year yard setback would
have on the amenity space in the rear yard of the adjacent 2 Waterwillow Court. The proposed rear
yard reduction would result in a partial enclosure of the rear yard of 2 Waterwillow Court, due to the
proximity of the proposed duplex addition. It is the opinion of staff that this limited separation would
create an uncomfortable sense of enclosure and ultimately reduce the effectiveness of the rear
yard amenity space at 2 Waterwillow Court, thus not meeting the intent of the zoning by-law.
Location of proposed
2 Waterwillow Court duplex addition at 6 1I$ Wilderness Drive
Waterwillow Court
Proposed 4.Orn rear yard
lM
Rear yard of the adjacent 2 Waterwillow Court
Staff contemplated requiring that no windows be located on the side of the proposed duplex
addition facing the rear yard of 2 Waterwillow Place to avoid overlook into the rear yard, and/or
requiring that the duplex addition be 1 -storey instead of the proposed 2 -storeys. However, Staff is
of the opinion that these solutions would not sufficiently address the overall reduction in effective
rear yard amenity space for 2 Waterwillow Court. Furthermore, as the proposed addition is to be
used for a duplex, the practicalities of either solution are limited. Staff could potentially support a
reduced rear yard, but not to the extent proposed.
Overall, while a reduced rear yard setback of 4.0 metres could allow sufficient, albeit reduced,
amenity space for the subject property (6 Waterwillow Court) and also not negatively impact 118
Wilderness Drive, it is the opinion of Staff that there is insufficient separation between the proposed
duplex addition and the existing rear yard amenity space at 2 Waterwillow Court, thereby not
meeting the general intent of the zoning by-law.
Existing Non -Compliances (Variances 2-5)
The requested Variances 2-5 to legalize existing non -compliances with regards to corner lot width,
driveway width, setback to intersection of street lines, and motor vehicle obstruction in a visibility
triangle can be considered minor as these are existing conditions. Staff do not anticipate that these
will cause any impacts to neighbouring properties.
3. Staff is of the opinion that requested Variance 1 to permit a reduced rear yard setback is not
minor as the approval of the rear yard setback will negatively affect the amenity space for an
adjacent property. As discussed extensively in the second test, the proposed duplex addition
with a reduced rear yard setback would have a significant impact on the amenity space for the
adjacent 2 Waterwillow Court.
Existing Non -Compliances (Variances 2-5)
The remaining Variances 2-5 are minor as they seek to legalize existing conditions and are
supported by City Transportation staff.
4. The requested Variance 1 is not appropriate for the development and use of the land. Staff is of the
opinion that the variance to reduce the required rear yard setback will result in a negative impact
for an adjacent property within the neighbourhood, being 2 Waterwillow Court. While the proposed
duplex addition with a deficient rear yard would meet other regulations of the Zoning By-law,
including lot coverage, side yard, and side yard setback abutting a street, the impacts on the rear
yard amenity space of 2 Waterwillow Court are significant enough to make the proposal not
appropriate for the development and use of the land.
Existing Non -Compliances (Variances 2-5)
The remaining Variances 2-5 seek to legalize existing conditions and as such, can be deemed
appropriate for the development and use of the land. Staff notes that by legalizing the existing
corner lot width, a duplex within the existing single detached dwelling or an addition within the
confines of the R-4 zoning regulations could now be permitted, subject to other matters such as
receiving a building permit, meeting fire regulations, meeting parking regulations, etc.
Based on the foregoing, Planning staff recommends that Variance 1 of this application be refused and
Variance 2-5 be approved.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the
proposed rear yard addition and change of use is obtained prior to construction. Please contact the
Building Division @ 519-741-2433 with any questions.
Transportation Services Comments:
The corner visibility and driveway visibility triangle encroachments are exiting conditions which we
recognize and therefore, support the proposed encroachments.
Heritage Comments:
No heritage planning concerns.
Environmental Comments:
The subject property has a tree in the rear yard and 3 street trees along Waterwillow Court. The tree
within the rear yard will need to be removed to facilitate the addition. The street trees will need to be
protected during construction of the addition. If approved, please apply the Standard Minor Variance
Condition for the protection of street trees:
That the Owner ensures any boulevard trees identified by the City for retention are protected
during construction to the satisfaction of the City's Operations and Planning. That prior to the
issuance of a building permit, the Owner makes satisfactory arrangements financial or
otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject
property to the satisfaction of the City's Operations.
RECOMMENDATION
A. That Variance 1 outlined in Minor Variance Application A2018-060 requesting relief from
Section 38.2.1 to permit a rear yard setback of 4.0 metres, whereas 7.5 metres is required,
be refused; and,
B. That Variance 2-5 outlined in Minor Variance Application A2018-060 requesting relief
from Section 5.3 of the Zoning By-law to locate an existing obstruction (motor vehicle) in
a corner visibility triangle, whereas no obstruction is permitted; from Section 6.1.1.1 b) ii)
e) of the Zoning By-law to allow an existing driveway width of 7.5 metres, whereas 6.15
metres is the maximum; from Section 6.1.1.1 b) iv) to locate a driveway 3.8m from the
intersection of street lines, whereas 9.0 metres is required; and from Section 38.2.1 of the
Zoning By-law to legalize an existing corner lot width of 12.3 metres, whereas 15.0
metres is required, be approved.
Richard Kelly-Ruetz, BES
Technical Assistant
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
July 04, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(5) /VAR KIT, 8141362 Ontario Inc.
(8) /VAR KIT, Michael Prendiville
(11) /VAR KIT, Goran and Milena Gligorovic
Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 901 Pebblecreek Court (A 2018-057): No concerns.
2. 352 Maple Avenue (A 2018-058): No concerns.
3. 39 Susan Crescent (A 2018-059): No concerns.
4. 6 Waterwillow Court (A 2018-060): No concerns.
5. 1 Adam Street (A 2018-061): No concerns.
6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns.
7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns.
8. 304 Park Street (A 2018-064): No concerns.
9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns.
10.105 Mt. Hope (A 2018-067 & A 2018-068): No concerns.
11. 44 Fifth Avenue (A 2018-069): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Document Number: 2769561
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
July 5, 2018
YOUR FILE: See below
Applications for Minor Variance:
A 2018-057
901 Pebblecreek Court
A 2018-058
352 Maple Avenue
A 2018-059
39 Susan Crescent
A 2018-060
6 Waterwillow Court
A 2018-061
1 Adam Street
A 2018-063
Doonwoods Crescent
A 2018-064
304 Park Street
A 2018-065
101 Mount Hope Street
A 2018-066
101 Mount Hope Street
A 2018-067
105 Mount Hope Street
A 2018-068
105 Mount Hope Street
A 2018-069
44 Fifth Avenue
Applications for Consent:
B 2018-044
43 Barclay Avenue
B 2018-047
239 Wellington Street North
B 2018-048
Weichel Street at Victoria Street South
B 2018-049
Weichel Street at Victoria Street South
B 2018-050
Weichel Street at Victoria Street South
B 2018-051
304 Park Street
B 2018-052
101 Mount Hope Street
B 2018-053
105 Mount Hope Street
B 2018-054
44 Fifth Avenue
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Repoil
Development Services Department
R
www.kitch ever. ca
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
July 17, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Andrew Pinnell, Planner, 519-741-2200 ext. 7668
WARD:
10
DATE OF REPORT:
July 6, 2018
REPORT #:
DSD -18-061
SUBJECT:
A2018-061 — 1 Adam Street (Victoria Common) Block 4, 58M-531
Applicant — Kevin Muir, GSP Group
Recommendation to Approve
T21 10
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7.. 39
424'`'5
q fi •'q 9: d ° �t
Al
'l'
Subject Lands
3n4.�'-.
Location Map: Block 4 — Victoria Common
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property, Block 4 in the development commonly known as 1 Adam Street or Victoria
Common, is designated Medium Rise Residential in the City's Official Plan and zoned Residential Eight
Zone (R-8) in Zoning By-law 85-1 with Special Use Provision 117U and Special Regulation Provision
631R. The Block 4 lands are currently developed with two mid -rise multiple residential buildings. This
block forms part of the broader Victoria Common development, which consists of a mix of mid -rise
multiple residential, townhouse dwellings fronting on public streets, and townhouse dwellings fronting
on private roads (common element condominiums).
The balance of Block 4 is proposed to be developed with three additional multiple dwelling buildings,
which will require future planning approvals. The two existing buildings, separately addressed as 155
St. Leger Street and 15 Prince Albert Boulevard, are two separate condominiums which upon
registration form a de facto severance. The site as a whole has been planned comprehensively with
easements in favour of Block 4 registered on title granting legal vehicular and pedestrian access over
the private roads, namely Prince Albert Boulevard and Victoria Marie Court. However, as a result of the
condominium registrations, the remaining Block 4 will no longer have frontage on the public street. As
such, the Owner is requesting relief of Section 5.2 of the Zoning By-law to allow the development of
land to not have frontage on a public street, but rather to have access over a private roadway that leads
to a public street, whereas the By-law requires all lots to have frontage on a public street.
City Planning staff conducted a site inspection of the property on June 28, 2018.
Existing Mid -Rise Multiple Dwelling Buildings
(155 St. Leger Street and 15 Prince Albert Boulevard)
Remainder of Block 4
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments:
The subject property is designated Medium Rise Residential with Special Policy Area 23 in the
City's 2014 Official Plan. The 2014 Official Plan designation is currently in effect, however a
number of Medium Rise Residential policies are under appeal. As such, certain policies from the
Medium Rise Residential designation in the 1994 Official Plan are being relied upon. Policy 3.1.3.1
states that the Medium Rise Residential designation favours the mixing and integration of
different forms of housing to achieve a medium overall intensity of use and emphasizes that
multiple residential is the predominant form of development intended for this designation. As the
lands are currently developed with midrise multiple residential, and have been planned to be
further developed with additional multiple residential buildings, it is planning staffs opinion that
the development meets the general intent of the Official Plan. Further, staff is satisfied that through
the provision of easements providing legal access over the private roads, the proposed variance to
allow the development of land to not have frontage on the public street meets the general intent of
the Official Plan.
2. The requested variance to allow the development of the block without frontage on a public street
meets the general intent of the Zoning By-law. The purpose of the requirement for frontage on a
public street is to ensure there is legal access from the public right-of-way to privately owned land.
The Victoria Common development has been comprehensively planned as one, cohesive
development. All necessary easements to provide access from St. Leger Street have been
provided over the private roads (common element condominiums) known as Prince Albert
Boulevard and Victoria Marie Court. These easements secure legal access to a visitor parking lot
servicing the two existing mid -rise buildings, as well as the future development lands consisting of
the remainder of Block 4. As such, legal access has been planned for and provided from the public
street, therefore staff is satisfied the requested variance meets the general intent of the Zoning By-
law.
3. The proposed variance is desirable for the appropriate development and use of the land as the
multiple dwelling use is a permitted use in the Zoning By-law. The scale, massing and height of the
existing multiple dwellings does not negatively impact the existing character of the subject property
or surrounding neighbourhood, nor will the requested variance to allow the development of the
remainder of Block 4 without frontage on the public street.
4. The variances can be considered minor as the variance will not present any significant impacts to
adjacent properties and the overall neighbourhood.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
Heritage Comments:
No heritage concerns.
Environmental Planning Comments:
No environmental concerns
RECOMMENDATION
That Application A2018-061 requesting relief of Section 5.2 of the Zoning By-law to allow the
development of land to not have frontage on a public street, but rather to have access over a private
roadway that leads to a public street, whereas the By-law requires all lots to have frontage on a public
street, be approved without conditions.
Andrew Pinnell, MCIP, RPP
Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
July 04, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(5) /VAR KIT, 8141362 Ontario Inc.
(8) /VAR KIT, Michael Prendiville
(11) /VAR KIT, Goran and Milena Gligorovic
Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 901 Pebblecreek Court (A 2018-057): No concerns.
2. 352 Maple Avenue (A 2018-058): No concerns.
3. 39 Susan Crescent (A 2018-059): No concerns.
4. 6 Waterwillow Court (A 2018-060): No concerns.
5. 1 Adam Street (A 2018-061): No concerns.
6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns.
7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns.
8. 304 Park Street (A 2018-064): No concerns.
9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns.
10.105 Mt. Hope (A 2018-067 & A 2018-068): No concerns.
11. 44 Fifth Avenue (A 2018-069): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Document Number: 2769561
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
July 5, 2018
YOUR FILE: See below
Applications for Minor Variance:
A 2018-057
901 Pebblecreek Court
A 2018-058
352 Maple Avenue
A 2018-059
39 Susan Crescent
A 2018-060
6 Waterwillow Court
A 2018-061
1 Adam Street
A 2018-063
Doonwoods Crescent
A 2018-064
304 Park Street
A 2018-065
101 Mount Hope Street
A 2018-066
101 Mount Hope Street
A 2018-067
105 Mount Hope Street
A 2018-068
105 Mount Hope Street
A 2018-069
44 Fifth Avenue
Applications for Consent:
B 2018-044
43 Barclay Avenue
B 2018-047
239 Wellington Street North
B 2018-048
Weichel Street at Victoria Street South
B 2018-049
Weichel Street at Victoria Street South
B 2018-050
Weichel Street at Victoria Street South
B 2018-051
304 Park Street
B 2018-052
101 Mount Hope Street
B 2018-053
105 Mount Hope Street
B 2018-054
44 Fifth Avenue
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Report
Development Services Department www1ltchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 17, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844
WARD: 3
DATE OF REPORT: July 6, 2018
REPORT #: DSD -18-062
SUBJECT: A 2018-062 — 330 Joseph Schoerg Cres
Applicant — Anthony Bocchino
Owner — Deer Ridge Heights Inc / JHS Properties Inc
Approve with Conditions
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The property is zoned Residential Two Zone (R-2) with Special Provisions 232U, 254R, 280R and
Open Space Zone (P-2) with Special Provision 1 R in By-law 85-1 and is designated as Low Rise
Residential in the 1994 and 2014 Official Plans. As well, the property is designated under Part IV of the
Ontario Heritage Act and is located within the Pioneer Tower West cultural heritage landscape. Staff
visited the site on July 6, 2018.
The owner is requesting permission to construct an addition in the rear yard of a single detached
dwelling having a westerly side yard setback of 1.48 metres rather than the required 10 metres; and to
allow a parking space located within the attached garage to have a westerly side yard setback of 1.48
metres rather than the required 10 metres.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
The proposed variances meet the general intent of the Official Plan. The subject property is designated
Low Rise Residential in both the City's 1994 Official Plan and 2014 Official Plan. The 2014 Official Plan
Designation is in effect, however a significant number of Low Rise Residential policies from the 2014
Official Plan are under appeal and therefore are not being relied upon for this report. Instead Low Rise
Residential Policy 3.1.2.1 and Part 2, Section 1.6 from the 1994 Official Plan is being reviewed for
compliance. The proposed variance meets the intent of the designation, which encourages a full range of
housing types to achieve a low density neighbourhood. The requested variances to permit a rear yard
addition to an existing single detached dwelling are appropriate for the area and continue to maintain the
low density character of the property and surrounding neighbourhood.
The proposed variances meet the general intent of the Zoning By-law. The intent of Special Regulation
254R requiring a 10 -metre side yard for both an addition and also for any parking space in the addition is
to ensure that any structure on the property does not negatively impact the Pioneer Tower West cultural
heritage landscape. The proposed side yard reduction to 1.48 metres for the addition has been
reviewed by Heritage Kitchener and Heritage Permit Application HPA 2017 -IV -22 for reduced side yard
has received approval. It is noted that Heritage staff confirm that the proposed addition does not
conflict with heritage conservation objectives.
The proposed variances are minor and are appropriate for the development of the property and
streetscape. The proposed westerly 1.48 metre side yard setback maintains a sufficient distance between
the building and the property line to maintain the structure. The easterly side yard will remain at the
existing 13.2 metres side yard setback. As well, Environmental Planning staff has reviewed a Detailed
Vegetation Management Plan and can support the variances. Combined with the comments on the intent
of the by-law above, the proposed addition may be considered minor and does not negatively impact the
streetscape.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions noted in the Recommendation section below.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the
proposed rear yard addition and attached garage is obtained prior to construction. Please contact the
Building Division @ 519-741-2433 with any questions.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Engineering Comments:
No comments.
Heritage Planning Comments:
The subject property is designated under Part IV of the Ontario Heritage Act and is located within the
Pioneer Tower West cultural heritage landscape.
Heritage Permit Application HPA 2017 -IV -22 requesting permission to, in part, construct a rear addition
with attached garage at the property municipally addressed 330 Joseph Schoerg Crescent has
received formal heritage approval. Heritage staff has reviewed the request to permit the rear addition to
have a westerly side yard setback of 1.48 m rather than the required 10 m and to permit the parking
spaces to have a westerly side yard setback of 1.48 m rather than required 10 m, and have no issues
or concerns with the proposed variances. The reduced side yard does not conflict with heritage
conservation objectives, and the placement of the rear addition and attached garage, establishing the
need for the variance is consistent with plans having received heritage approval.
Environmental Planning Comments:
Environmental Planning (CM) has reviewed the Detailed Vegetation Management Plan prepared by
Stantec dated May 11, 2018 (submitted by Tim McCormick via email on 5/15/2018) and can support the
recommendations and conclusion contained within.
RECOMMENDATION:
That application A 2018-062 requesting permission to construct an addition in the rear yard of a single
detached dwelling having a westerly side yard setback of 1.48 metres rather than the required 10
metres; and to allow a parking space located within the attached garage to have a westerly side yard
setback of 1.48 metres rather than the required 10 metres, be approved, subject to the following
conditions:
1) That a building permit is obtained for the addition;
2) That the addition be in compliance with Heritage Permit Application HPA 2017 -IV -22.
3) That the recommendations made in the Detailed Vegetation Plan prepared by Stantec
dated May 11, 2018, be implemented prior to building permit issuance to the satisfaction of
the Director of Planning.
Sheryl Rice Menezes, CPT
Planning Technician (Zoning)
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
July 04, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(5) /VAR KIT, 8141362 Ontario Inc.
(8) /VAR KIT, Michael Prendiville
(11) /VAR KIT, Goran and Milena Gligorovic
Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 901 Pebblecreek Court (A 2018-057): No concerns.
2. 352 Maple Avenue (A 2018-058): No concerns.
3. 39 Susan Crescent (A 2018-059): No concerns.
4. 6 Waterwillow Court (A 2018-060): No concerns.
5. 1 Adam Street (A 2018-061): No concerns.
6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns.
7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns.
8. 304 Park Street (A 2018-064): No concerns.
9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns.
10.105 Mt. Hope (A 2018-067 & A 2018-068): No concerns.
11. 44 Fifth Avenue (A 2018-069): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Document Number: 2769561
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1 R 5W6
Resource Management Division Phone: (519) 621-2761 ext. 2319
Trisha Hughes, Resource Planner Fax: (519) 621-4945
E-mail: thughes@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
July 5, 2018 A 2018-062 — 330 Joseph Schoerg A2018-062 — 330 Joseph
Cres. Schoerg Cres
RE: Application for Minor Variance A 2018-062
330 Joseph Schoerg Crescent, City of Kitchener
Deer Ridge Heights Inc. amalgamated with JHS Properties Inc.
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted minor
variance. Based on the current plans, a GRCA permit will be required prior to development
within the regulated area. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Based on information available in this office, the majority of the subject property is regulated
by the GRCA due to slope hazards, the floodplain of the Grand River and the associated
allowances around these features.
2. Legislative/Policy Requirements and Implications:
It is our understanding that this application is to allow construction of a garage within the
side yard setback. Based on the sketch prepared by Stantec Consulting Ltd. (revised
September 7, 2017), an addition to the existing residence, a garage, and a covered patio is
proposed, which would be within the slope valley hazard. As such, the proposed
development will need to satisfy our policies in Section 8.3 of the GRCA Consolidated
Policies for Implementing Ontario Regulation 150/06 (available on our website at
www.grandriver.ca).
At this time, we have no objection to the minor variance; however, this does not imply that a
GRCA permit will be issued for this proposed development as additional work is required to
demonstrate that there will be no impacts on the slope. A site-specific geotechnical
assessment is requested to confirm that there will be no impact on the existing or future
slope stability as a result of the proposed development. Prior to any development on the
property, written approval from the GRCA in the form of a permit pursuant to Ontario
Regulation 150/06 is required. Following review of the geotechnical assessment, GRCA will
provide further comments on permit requirements.
3. Plan Review Fees:
This application is a `minor' minor variance application and the applicable plan review fee is
$260.00. With a copy of this correspondence, the applicant will be invoiced in the amount of
$260.00.
Pagel of 2
*These comments are respectfuhZj submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authorin,
A separate fee will be required for a GRCA permit application.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
�z WL -17 I', 4/11--'�--'
Trisha Hughes
Resource Planner
Grand River Conservation Authority
cc: Deer Ridge Heights Inc. amalgamated with JHS Properties Inc., 5093 Fountain St. N.,
P.O. Box 249, Breslau, ON NOB 1 MO
Anthony F. Bocchino, 210 Deer Ridge Drive, Kitchener, ON N2P 2K5
Page 2 of 2
" These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authorin,
Staff Report
Development Services Department
J
KIR
www.ki tch en er. c a
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
July 17, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Katie Anderl, Senior Planner — 519-741-2200 ext. 7987
WARD:
#4
DATE OF REPORT:
July 11, 2018
REPORT #:
DSD -18-063
SUBJECT:
A2018-063 — Doonwoods Crescent
Owner — Hallman Construction Limited
Recommendation: Approve
Ft, 6678, 68
Location Map
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Doonwoods Crescent (Photo - June 21, 2018)
REPORT
Planning Comments:
The subject land is located in an undeveloped stage of the Hallman Groh subdivision 30T-07203 (Block
4, Stage 2). It is planned to be developed with a single detached dwellings. The subject portion of the
lands is designated Low Rise Residential and zoned Residential Three Zone (R-3) with Special
Regulation 553R which requires a minimum lot width of 15.0 metres. The owner is proposing a minor
variance to Special Regulation Provision 553R in order to reduce to the required lot width from 15.0
metres to 12.2 metres to accommodate the proposed lotting pattern as shown on the lotting plan
submitted in support of the application and in the image below.
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No. Lots 54
36' - 40' Lots
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offer the following comments.
The intent of the Low Rise Residential Designation of the Official Plan is to accommodate for a full
range of low rise housing at a low intensity of use. The proposed variance continues to permit the
future creation of lots for single detached dwellings as contemplated in the draft approved Plan of
Subdivision. Based on the foregoing, staff are of the opinion that the general intent of the Official Plan
is maintained.
The intent of Special Regulation Provision 553R was to provide for wider lots at the edge of this
subdivision, where they share a property line with estate residential lots to the south. Due to the curve
in Doonwoods Crescent each of the proposed lots is pie -shaped: narrower at the street and wider to the
rear. However, lot width is measured at the street, resulting in the technical lot width being less than
the minimum requirement. In all cases the minimum lot width measured at the rear yard is 16 metres
(52.5 feet) which is in excess of the lot width required by the Special Regulation. As such, the interface
with the lots to the rear provides for lots which exceed the minimum standards and staff is of the
opinion that the general intent of the by-law is maintained.
The subject lands will continue to be developed with single detached dwellings on larger than average
lots. It is noted that each of the affected lots is encumbered by a 12 metre deep servicing easement
across the rear yard. This provides for extra lot depth, and ensures that all buildings and dwellings will
be setback well beyond the standard 7.5 metres rear yard setback. The plan of subdivision was
originally approved with Iotless blocks and this stage was expected to achieve a range of 35 — 62 units.
The proposed lotting pattern provides for 54 lots which is well within the expected range. Staff is of the
opinion that the proposed variance is minor and appropriate for the development and use of the lands.
Based on the foregoing, staff recommends that the proposed minor variance be approved.
Building Comments:
The Building Division has no concerns with the subject application.
Transportation Services Comments:
Transportation Services have no concerns with the subject application.
Engineering Comments:
Engineering has no concerns with the subject application.
RECOMMENDATION
That application A2018-063 requesting permission for future residential lots located on lands
shown as "Area 1" on the plan submitted with the application, and which are currently zoned R-
3 with a Special Regulation Provision 553R, to have minimum lot widths of 12.2m rather than the
required 15m, be approved.
Katie Anderl, MCIP, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
July 04, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(5) /VAR KIT, 8141362 Ontario Inc.
(8) /VAR KIT, Michael Prendiville
(11) /VAR KIT, Goran and Milena Gligorovic
Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 901 Pebblecreek Court (A 2018-057): No concerns.
2. 352 Maple Avenue (A 2018-058): No concerns.
3. 39 Susan Crescent (A 2018-059): No concerns.
4. 6 Waterwillow Court (A 2018-060): No concerns.
5. 1 Adam Street (A 2018-061): No concerns.
6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns.
7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns.
8. 304 Park Street (A 2018-064): No concerns.
9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns.
10.105 Mt. Hope (A 2018-067 & A 2018-068): No concerns.
11. 44 Fifth Avenue (A 2018-069): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Document Number: 2769561
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
July 5, 2018
YOUR FILE: See below
Applications for Minor Variance:
A 2018-057
901 Pebblecreek Court
A 2018-058
352 Maple Avenue
A 2018-059
39 Susan Crescent
A 2018-060
6 Waterwillow Court
A 2018-061
1 Adam Street
A 2018-063
Doonwoods Crescent
A 2018-064
304 Park Street
A 2018-065
101 Mount Hope Street
A 2018-066
101 Mount Hope Street
A 2018-067
105 Mount Hope Street
A 2018-068
105 Mount Hope Street
A 2018-069
44 Fifth Avenue
Applications for Consent:
B 2018-044
43 Barclay Avenue
B 2018-047
239 Wellington Street North
B 2018-048
Weichel Street at Victoria Street South
B 2018-049
Weichel Street at Victoria Street South
B 2018-050
Weichel Street at Victoria Street South
B 2018-051
304 Park Street
B 2018-052
101 Mount Hope Street
B 2018-053
105 Mount Hope Street
B 2018-054
44 Fifth Avenue
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Repoil
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT
REPORT #:
SUBJECT:
Committee of Adjustment
w R
www. kltchener ca
July 17, 2018
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Craig Dumart, Junior Planner - 519-741-2200 ext. 7073
9
June 27, 2018
DSD -18-064
APPLICATION #: B2018-044
43 Barclay Avenue
Applicant: Miroslav Orasanin
Approve with conditions
Location Map: 43 Barclay Avenue
l 76
Proposed lot fabric
REPORT
The subject property is designated as Low Rise Residential in the 2014 Official Plan and zoned
Residential Five Zone (R-5) in the Zoning By-law. The subject property is a through -lot with
frontage on both Barclay Avenue and South Drive. The Applicant is requesting consent to sever
the subject property into two lots. The severed lot would have a frontage along South Drive and
the retained lot would have frontage along Barclay Avenue. The existing development of the
neighbourhood consists of a mix of single detached dwellings, and low rise multiple dwellings.
Lot sizes vary in width, depth, and area.
The Applicant is requesting consent to sever the subject property into two lots. The severed lot
would have a frontage of 12.51 metres, depth of 21.725 metres, and an area of 244.8 square
metres to accommodate a new single detached dwelling, while the retained lot would have a
frontage of 12.978 metres, a depth of 22.186 metres, and an area of 282.8 square metres to
accommodate the existing single detached dwelling.
City Planning staff conducted a site inspection of the property on June 21, 2018.
E
43 Barclay Ave existing single detached dwelling Proposed new lot frontage along South Drive
Planning Comments:
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning
Act, R.S.O. 1990. c.P. 13, both the severed and retained parcels are in conformity with the
City's Official Plan and Zoning By-law 85-1.
Planning staff is of the opinion that the proposal conforms with the regulations of the Residential
Five Zone (R-5). The proposed severance conforms to the City's Official Plan and the
configuration of the proposed lots can be considered appropriate for the use of the lands.
The lots conform to policy 17.E.20.5 of the Official Plan. Both the retained and severed lots
reflect the general scale and character of the established development pattern of surrounding
lands.
Based on the foregoing, Planning staff recommends that Consent Application B2018-044
requesting consent to sever the subject property into two lots be approved, subject to the
conditions listed in the Recommendation section of this report.
3
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. If the buildings
have basements and a sump pump is required, a storm outlet will be required also.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new services that may be required to service this property, all prior
to severance approval. Our records indicate municipal water, storm and sanitary services are
currently available to service this property. Each severed lot will require a sanitary, a storm (for
new foundations only) and a water service. Any further enquiries in this regard should be
directed to Natasha Prepas-Strobeck (519-741-2200 ext. 7136).
• Any new driveways are to be built to City of Kitchener standards. All work is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system and proposed easements
will be required to the satisfaction of the Engineering Division prior to severance approval.
• As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along with
a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with
the corresponding correct layer names and numbering system to the satisfaction of the
Engineering Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by gravity
to the street sewers. If this is not the case, then the owner would have to pump the sewage via
a pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Environmental Planning Comments:
Standard condition to enter into an agreement registered on title OF THE SEVERED LANDS
ONLY requiring a Tree Preservation / Enhancement Plan be submitted and approved before a
Building Permit will be issued will apply.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services
(DGSSMS) allows only one service per lot. Should a severance be approved, additional services
will be required for severed lot — a building permit will be required for this work. Separate building
permit(s) will also be required for construction of new building and the demolition of the detached
shed.
Transportation Comments:
Transportation Services has no concerns with the proposed application subject to the following
condition.
For the severed portion only, funds for a future concrete sidewalk be provided to the City's
Engineering Department along the South Drive frontage.
0
Operations Comments:
A cash -in -lieu of land park dedication is required on the severed parcel only, in the amount
$5,805.66 as a new development lot will be created as result of the proposed severance.
Parkland dedication is calculated at 5% of the per metre lineal frontage land value for the
severed portion.
The Applicant is advised that there is a City owned tree within the South Drive frontage of the
severed lot, which is to be protected from construction related damage and removal in
accordance with By-law Chapter 690, Articles 3 and 4. Removal of the tree will require
compensation to the City.
RECOMMENDATION:
I. That application B2018-044 requesting permission to sever the subject property into two
lots to allow separate ownership of each semi-detached unit be approved subject to
the following conditions:
That satisfactory arrangements be made with the City of Kitchener for the payment of
any outstanding Municipal property taxes and/or local improvement charges.
2. That the Owner provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as
one full size paper copy of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction
of the City's Mapping Technologist.
That the owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal in the amount of $$5,805.66. which is required on the severed
parcel as a new developable lot will be created by the severance. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage
land value for the severed portion.
4. That the Owner make financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the severed
and/or retained lands.
That the owner make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, and a paved driveway ramp, on the severed lands.
6. That any new driveways be built to City of Kitchener standards at the Owner's expense
prior to occupancy of the building to the satisfaction of the City's Engineering Division.
That the Owner provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
That the Owner 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
A
the satisfaction of the Director of Engineering Services.
9. That the Owner provides Engineering staff with confirmation that the basement
elevation 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.
10. That the owner shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on title of the severed lands which shall include the
following:
a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the
severed and retained lands in accordance with the City's Tree Management
Policy, to be approved by the City's Director of Planning and where necessary,
implemented prior to any grading, tree removal or the issuance of building
permits. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and vegetation to be
preserved.
b) 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.
11. The Owner ensures any boulevard tr
protected during construction to the
Planning. That prior to the issuance
satisfactory arrangements financial or
existing boulevard trees adjacent to th
City's Operations.
ees identified by the City for retention are
satisfaction of the City's Operations and
of a building permit, the Owner makes
otherwise for any relocation/removal of any
e subject property to the satisfaction of the
12. That the owner provides funds for a future concrete sidewalk for the severed lands
only to the City's Engineering Division along the South Drive frontage.
13. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
Craig Dumart, BES, MCIP, RPP
Junior Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
N
Region of Waterloo
File No. D20-20/18 KIT
July 9, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
B 2018-044
43 Barclay Ave
Miroslav Orasanin
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications
B2018-044 through B2018-047, B2018-051 through
B2018-054
Committee of Adjustment Hearing July 17, 2018
CITY OF KITCHENER
The applicant is proposing a lot severance to create a new residential lot.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
There are no Regional concerns to the above application. However, the owners of the
severed and retained lots are advised that the subject lands are located close to the
Waterloo International Airport runaway approach surface and therefore occupants may
be exposed to the presence and noise from flying aircraft.
Document Number: 2769250 Version: 1
Regional staff has no objection to the 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.
B 2018-045 and B 2018-046
603 Lancaster St W and 605 Lancaster St W
Ajit Arora / Ken Wilson, Stonebridge Guitars International Inc.
Application B 2018-045 is proposing to grant an easement along the westerly property
line, in favour of the property municipally addressed as 605 Lancaster Street West for
access.
Application B 2018-046 is proposing to grant an easement along the easterly property
line, in favour of the property municipally addressed as 603 Lancaster Street West for
access.
Corridor Planning:
Regional Road Dedication
There is no dedicated road widening required for the above applications, keeping in
view the existing buildings and porches on the subject properties. However, owners of
subject properties (203 and 205 Lancaster Street West) are advised that a future
redevelopment application on these lands would require a dedicated road widening of
approximately 3.96 metres depth along the entire property frontage to comply with the
designated road width of 20.117 metres for Lancaster Street West (RR #29). The road
dedication would be required free of any encumbrances and at the owner's cost.
Access Permit
The existing accesses on the subject properties is functioning as a mutual shared
access as confirmed by both property owners in separate letters to the City of
Kitchener, as provided in the above applications. Therefore, the owners will be required
to apply for a mutual shared Access Permit. No application fee will be required for the
access permit. The access permit is application is available at:
https://www.regionofwaterloo.ca/en/resources/Access Permit-access.pdf
Regional staff has no objection to the application subject to the following
conditions:
1) That prior to final approval the applicant obtain a mutual shared Access Permit
for the subject properties to the satisfaction of the Region of Waterloo.
Document Number: 2769250 Version: 1
B 2018-047
239 Wellington St W
Mary Cikic
The applicant is proposing to create a new lot intended for the construction of residential
duplexes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained residential lots will be impacted from road noise due to
increased traffic on Wellington Street. Additionally, these lands are in proximity of
Metrolinx / Region of Waterloo railway mainlines.
The applicant is required to enter into a registered agreement with the Region of
Waterloo to include the following noise attenuation measures) and noise warning
clauses in all offers of purchase/sale or rental agreements for the residential units on
the severed and retained lots:
a) The residential dwellings will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to increasing road
traffic on Wellington Street North; and rail noise from Metrolinx / Region of
Waterloo railway may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment, Conservation and Parks (MOECP).
This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Waterloo Region and the Environment, Conservation and Parks
(MOECP)".
"Metrolinx / Region of Waterloo or their assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject thereof. There
Document Number: 2769250 Version: 1
may be alterations to or expansions of the railway facilities on such rights-of-way
in the future including the possibility that the railway or its assigns or successors
as aforesaid may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the inclusion of any
noise and vibration attenuating measures in the design of the development and
individual dwelling(s). Metrolinx / Region of Waterloo will not be responsible for
any complaints or claims arising from use of such facilities and/or operations on,
over or under the aforesaid rights-of-way"
Regional staff has no objection to the 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 enters into a registered development
agreement with the Region of Waterloo to include the following noise attenuation
measures and noise warning clauses in all offers of purchase/sale or rental
agreements for the residential units for both the severed and retained lots:
a. The residential dwellings will be fitted with forced air -ducted heating
system suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Wellington Street North; and rail noise
from Metrolinx / Region of Waterloo railway may occasionally
interfere with some activities of the dwelling occupants as the
sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment, Conservation and
Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
"Metrolinx / Region of Waterloo or their assigns or successors in
interest has or have a rights-of-way within 300 metres from the land
Document Number: 2769250 Version: 1
the subject thereof. There may be alterations to or expansions of
the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). Metrolinx /
Region of Waterloo will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over
or under the aforesaid rights-of-way"
B 2018-051
304 Park St
Michael Prediville
The applicant is proposing to create a new lot for residential purposes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained lands will be impacted from rail noise from the Goderich
Exeter Railway (G. Ex. R.) mainlines.
The applicant is required to enter into a registered agreement with the City of Kitchener
to include the following noise attenuation measures and noise warning clauses in all
offers of purchase/sale or rental agreements for the residential units on the severed and
retained lots:
a) The residential dwelling on severed lot will be fitted with forced air -ducted heating
system suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements for both, severed and retained lots:
1) "The purchasers / tenants are advised that sound levels due to increasing
rail noise from Goderich Exeter Railway mainline may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry
of the Environment, Conservation and Parks (MOECP). This dwelling has
been fitted with a forced air -ducted heating system and has been
Document Number: 2769250 Version: 1
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 Waterloo Region and the
Environment, Conservation and Parks (MOECP)".
2) "Goderich Exeter Railway or their assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject thereof.
There may be alterations to or expansions of the railway facilities on such
rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s).
Goderich Exeter Railway will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
Regional staff has no objection to the 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 enters into a registered agreement with
the City of Kitchener to include the following noise attenuation measures and
noise warning clauses in all offers of purchase/sale or rental agreements for the
residential units on the severed and retained lots:
a. The residential dwelling on severed lot will be fitted with forced air -ducted
heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements for both, severed and retained
lots:
"The purchasers / tenants are advised that sound levels due to
increasing rail noise from Goderich Exeter Railway mainline may
occasionally interfere with some activities of the dwelling occupants
as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment, Conservation
Document Number: 2769250 Version: 1
and Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
ii. "Goderich Exeter Railway or their assigns or successors in interest
has or have a rights-of-way within 300 metres from the land the
subject thereof. There may be alterations to or expansions of the
railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). Goderich
Exeter Railway will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
B 2018-052
101 Mount Hope St
Mohammad Abdullah c/o JEC Properties Inc.
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the 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.
Document Number: 2769250 Version: 1
B 2018-053
105 Mount Hope St
Mohammad Abdullah c/o JEC Properties Inc.
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the 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.
B 2018-054
44 Fifth Ave
Goran and Milena Gligorovic
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained lots will be impacted from road noise due to proximity to
Highway 7/8 and Kingsway Drive.
The applicant is required to enter into a registered agreement with the City of Kitchener
to include the following noise attenuation measures and noise warning clauses in all
offers of purchase/sale or rental agreements for the residential units on the severed and
retained lots:
a) The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 2769250 Version: 1
"The purchasers /tenants are advised that sound levels due to increasing road
traffic Highway 7/8 and Kingsway Drive may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the sound
level limits of the Waterloo Region and the Ministry of the Environment,
Conservation and Parks (MOECP). This dwelling has been fitted with a forced
air -ducted heating system and has been designed with the provision of adding
central air conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will allow
windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Waterloo Region and the
Environment, Conservation and Parks (MOECP)".
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the 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 enters into a development agreement
with the City of Kitchener to include the following noise attenuation measures and
noise warning clauses in all offers of purchase/sale or rental agreements for the
residential units for both the severed and retained lots:
a. The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
i. "The purchasers / tenants are advised that sound levels due to
increasing road traffic Highway 7/8 and Kingsway Drive may
occasionally interfere with some activities of the dwelling occupants
Document Number: 2769250 Version: 1
as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment, Conservation
and Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above.
Should you require Regional Staff to be in attendance at the meeting or have any
questions, please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley
Planner
Document Number: 2769250 Version: 1
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
July 5, 2018
YOUR FILE: See below
Applications for Minor Variance:
A 2018-057
901 Pebblecreek Court
A 2018-058
352 Maple Avenue
A 2018-059
39 Susan Crescent
A 2018-060
6 Waterwillow Court
A 2018-061
1 Adam Street
A 2018-063
Doonwoods Crescent
A 2018-064
304 Park Street
A 2018-065
101 Mount Hope Street
A 2018-066
101 Mount Hope Street
A 2018-067
105 Mount Hope Street
A 2018-068
105 Mount Hope Street
A 2018-069
44 Fifth Avenue
Applications for Consent:
B 2018-044
43 Barclay Avenue
B 2018-047
239 Wellington Street North
B 2018-048
Weichel Street at Victoria Street South
B 2018-049
Weichel Street at Victoria Street South
B 2018-050
Weichel Street at Victoria Street South
B 2018-051
304 Park Street
B 2018-052
101 Mount Hope Street
B 2018-053
105 Mount Hope Street
B 2018-054
44 Fifth Avenue
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Report
Development Services Department
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
Report:
i
K n x
www. kitchener. ca
Committee of Adjustment
July 17, 2018
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Lisa Thompson, Planning Technician — 519-741-2200 ext. 7847
1
July 9, 2018
DSD -18-065 & DSD -18-066
B2018-045 & B2018-046
603 & 605 Lancaster Street West
Approve with Conditions
Subject Properties: 603 & 605 Lancaster Street West
The applicant is requesting permission to create reciprocal access easements for a mutual driveway
over the properties municipally addressed as 603 and 605 Lancaster Street West.
A site visit was undertaken on June 28, 2018.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance
Planning Comments:
The subject lands are located on the west side of Lancaster Street West between Bridge Street and
Wagner Place. The front portion of both properties is zoned MU -1 with special provisions 1R, 624R
and 421 U, and the rear portion is zoned E-1 with special provision 190U. The Official Plan designation
is Mixed Use.
The owner of 605 Lancaster Street West applied to the City for a business license, certificate of
occupancy and a sign permit for a business to operate out of 605 Lancaster Street West. Through
review of these applications it was identified that reciprocal access easements are required in order to
establish legal access to parking at the rear of the properties.
The buildings on each property were originally constructed prior to the City's requirement for individual
property driveways. 603 Lancaster Street West is presently occupied as a duplex with parking in the
rear yard and 605 Lancaster Street West is being used as a commercial property, again with parking in
the rear. Creating the reciprocal access easements will legalize the driveway access to the rear of both
properties in perpetuity.
View of single driveway from Lancaster St W.
View of single driveway from rear of properties.
In order to obtain the required City permits and licenses, the applicant is proposing to establish the
reciprocal access easements as follows, and as depicted on the plan attached to the application:
B 2018-0045 (Proposed Part 2 in favour of 605 Lancaster Street West)
Width — 1.372m
Depth — 46.497m
Area — 63.793m2
B 2018-046 (Proposed Part 1 in favour of 603 Lancaster Street West)
Width — 1.372m
Depth — 46.334m
Area — 63.570m2
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the reciprocal access easements is desirable
and appropriate. The use of the shared driveway will be legalized to ensure future access for both
properties. Planning staff is of the opinion that the access easement proposal is consistent with the
Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance
Building Comments:
No concerns with the proposed applications.
Transportation Comments:
No concerns with the proposed applications.
Engineering Comments:
No concerns with the proposed applications.
Environmental Planning Comments:
As no new development is being proposed Environmental Planning has no concerns. The majority of
the properties are within the Laurel Creek - Bridgeport Floodway and Two Zone Fringe and therefore
Regulated by the GRCA. It should be noted that both properties have placed fill/encroached onto the
property to their rear (10 Woolwich St.) within the riparian area of Laurel Creek and Regulated by the
GRCA. The owners should be advised that any future requests to redevelop either property will require
the matter of the fill/encroachment to be resolved.
RECOMMENDATION:
That applications B2018-045 and B2018-046 to create reciprocal access easements as shown on
the proposed easement plan submitted in support of the applications, be approved subject to
the following conditions:
1. That the Owner provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one
full size paper copy of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping
Technologist.
2. That the 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.
3. That the Transfer Easement documents required to create the Easements being
approved herein shall include the following and shall be approved by the City Solicitor:
a. a clear and specific description of the purpose of the Easements and of the rights and
privileges being granted therein (including detailed terms and/or conditions of any
required maintenance, liability and/or cost sharing provisions related thereto);
b. a clause/statement/wording confirming that the Easements being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released or
otherwise dealt with without the express written consent of the City.
4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements
and to immediately thereafter provide copies thereof to the City Solicitor be provided to
the City Solicitor.
Lisa Thompson, CPT Juliane von Westerholt, MCIP, RPP
Planning Technician Senior Planner
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance
Region of Waterloo
File No. D20-20/18 KIT
July 9, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
B 2018-044
43 Barclay Ave
Miroslav Orasanin
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications
B2018-044 through B2018-047, B2018-051 through
B2018-054
Committee of Adjustment Hearing July 17, 2018
CITY OF KITCHENER
The applicant is proposing a lot severance to create a new residential lot.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
There are no Regional concerns to the above application. However, the owners of the
severed and retained lots are advised that the subject lands are located close to the
Waterloo International Airport runaway approach surface and therefore occupants may
be exposed to the presence and noise from flying aircraft.
Document Number: 2769250 Version: 1
Regional staff has no objection to the 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.
B 2018-045 and B 2018-046
603 Lancaster St W and 605 Lancaster St W
Ajit Arora / Ken Wilson, Stonebridge Guitars International Inc.
Application B 2018-045 is proposing to grant an easement along the westerly property
line, in favour of the property municipally addressed as 605 Lancaster Street West for
access.
Application B 2018-046 is proposing to grant an easement along the easterly property
line, in favour of the property municipally addressed as 603 Lancaster Street West for
access.
Corridor Planning:
Regional Road Dedication
There is no dedicated road widening required for the above applications, keeping in
view the existing buildings and porches on the subject properties. However, owners of
subject properties (203 and 205 Lancaster Street West) are advised that a future
redevelopment application on these lands would require a dedicated road widening of
approximately 3.96 metres depth along the entire property frontage to comply with the
designated road width of 20.117 metres for Lancaster Street West (RR #29). The road
dedication would be required free of any encumbrances and at the owner's cost.
Access Permit
The existing accesses on the subject properties is functioning as a mutual shared
access as confirmed by both property owners in separate letters to the City of
Kitchener, as provided in the above applications. Therefore, the owners will be required
to apply for a mutual shared Access Permit. No application fee will be required for the
access permit. The access permit is application is available at:
https://www.regionofwaterloo.ca/en/resources/Access Permit-access.pdf
Regional staff has no objection to the application subject to the following
conditions:
1) That prior to final approval the applicant obtain a mutual shared Access Permit
for the subject properties to the satisfaction of the Region of Waterloo.
Document Number: 2769250 Version: 1
B 2018-047
239 Wellington St W
Mary Cikic
The applicant is proposing to create a new lot intended for the construction of residential
duplexes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained residential lots will be impacted from road noise due to
increased traffic on Wellington Street. Additionally, these lands are in proximity of
Metrolinx / Region of Waterloo railway mainlines.
The applicant is required to enter into a registered agreement with the Region of
Waterloo to include the following noise attenuation measures) and noise warning
clauses in all offers of purchase/sale or rental agreements for the residential units on
the severed and retained lots:
a) The residential dwellings will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to increasing road
traffic on Wellington Street North; and rail noise from Metrolinx / Region of
Waterloo railway may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment, Conservation and Parks (MOECP).
This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Waterloo Region and the Environment, Conservation and Parks
(MOECP)".
"Metrolinx / Region of Waterloo or their assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject thereof. There
Document Number: 2769250 Version: 1
may be alterations to or expansions of the railway facilities on such rights-of-way
in the future including the possibility that the railway or its assigns or successors
as aforesaid may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the inclusion of any
noise and vibration attenuating measures in the design of the development and
individual dwelling(s). Metrolinx / Region of Waterloo will not be responsible for
any complaints or claims arising from use of such facilities and/or operations on,
over or under the aforesaid rights-of-way"
Regional staff has no objection to the 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 enters into a registered development
agreement with the Region of Waterloo to include the following noise attenuation
measures and noise warning clauses in all offers of purchase/sale or rental
agreements for the residential units for both the severed and retained lots:
a. The residential dwellings will be fitted with forced air -ducted heating
system suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Wellington Street North; and rail noise
from Metrolinx / Region of Waterloo railway may occasionally
interfere with some activities of the dwelling occupants as the
sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment, Conservation and
Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
"Metrolinx / Region of Waterloo or their assigns or successors in
interest has or have a rights-of-way within 300 metres from the land
Document Number: 2769250 Version: 1
the subject thereof. There may be alterations to or expansions of
the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). Metrolinx /
Region of Waterloo will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over
or under the aforesaid rights-of-way"
B 2018-051
304 Park St
Michael Prediville
The applicant is proposing to create a new lot for residential purposes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained lands will be impacted from rail noise from the Goderich
Exeter Railway (G. Ex. R.) mainlines.
The applicant is required to enter into a registered agreement with the City of Kitchener
to include the following noise attenuation measures and noise warning clauses in all
offers of purchase/sale or rental agreements for the residential units on the severed and
retained lots:
a) The residential dwelling on severed lot will be fitted with forced air -ducted heating
system suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements for both, severed and retained lots:
1) "The purchasers / tenants are advised that sound levels due to increasing
rail noise from Goderich Exeter Railway mainline may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry
of the Environment, Conservation and Parks (MOECP). This dwelling has
been fitted with a forced air -ducted heating system and has been
Document Number: 2769250 Version: 1
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 Waterloo Region and the
Environment, Conservation and Parks (MOECP)".
2) "Goderich Exeter Railway or their assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject thereof.
There may be alterations to or expansions of the railway facilities on such
rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s).
Goderich Exeter Railway will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
Regional staff has no objection to the 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 enters into a registered agreement with
the City of Kitchener to include the following noise attenuation measures and
noise warning clauses in all offers of purchase/sale or rental agreements for the
residential units on the severed and retained lots:
a. The residential dwelling on severed lot will be fitted with forced air -ducted
heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements for both, severed and retained
lots:
"The purchasers / tenants are advised that sound levels due to
increasing rail noise from Goderich Exeter Railway mainline may
occasionally interfere with some activities of the dwelling occupants
as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment, Conservation
Document Number: 2769250 Version: 1
and Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
ii. "Goderich Exeter Railway or their assigns or successors in interest
has or have a rights-of-way within 300 metres from the land the
subject thereof. There may be alterations to or expansions of the
railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). Goderich
Exeter Railway will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
B 2018-052
101 Mount Hope St
Mohammad Abdullah c/o JEC Properties Inc.
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the 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.
Document Number: 2769250 Version: 1
B 2018-053
105 Mount Hope St
Mohammad Abdullah c/o JEC Properties Inc.
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the 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.
B 2018-054
44 Fifth Ave
Goran and Milena Gligorovic
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained lots will be impacted from road noise due to proximity to
Highway 7/8 and Kingsway Drive.
The applicant is required to enter into a registered agreement with the City of Kitchener
to include the following noise attenuation measures and noise warning clauses in all
offers of purchase/sale or rental agreements for the residential units on the severed and
retained lots:
a) The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 2769250 Version: 1
"The purchasers /tenants are advised that sound levels due to increasing road
traffic Highway 7/8 and Kingsway Drive may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the sound
level limits of the Waterloo Region and the Ministry of the Environment,
Conservation and Parks (MOECP). This dwelling has been fitted with a forced
air -ducted heating system and has been designed with the provision of adding
central air conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will allow
windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Waterloo Region and the
Environment, Conservation and Parks (MOECP)".
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the 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 enters into a development agreement
with the City of Kitchener to include the following noise attenuation measures and
noise warning clauses in all offers of purchase/sale or rental agreements for the
residential units for both the severed and retained lots:
a. The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
i. "The purchasers / tenants are advised that sound levels due to
increasing road traffic Highway 7/8 and Kingsway Drive may
occasionally interfere with some activities of the dwelling occupants
Document Number: 2769250 Version: 1
as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment, Conservation
and Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above.
Should you require Regional Staff to be in attendance at the meeting or have any
questions, please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley
Planner
Document Number: 2769250 Version: 1
dhl
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
Fax: (519) 621-4945
E-mail: thug hes@grandriver.ca
DATE: YOUR FILE: GRCA FILE:
July 5, 2018 B 2018-045 — 603 Lancaster St W 82018-045-046 — 603 and 605
B 2018-046 — 605 Lancaster St W Lancaster St W
RE: Applications for Consent B 2018-045 and B 2018-046
603 and 605 Lancaster Street West, City of Kitchener
Ken Wilson/Ajit Arora
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted consent
applications.
BACKGROUND:
Resource Issues:
Information currently available at our office indicates that the majority of the lands are
regulated due to the floodplain of Laurel Creek and the associated allowance around the
floodplain.
2. Legislative/Policy Requirements and Implications:
This reach of Laurel 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 floodway is the area of the floodplain required to pass the flows of greatest depth
and velocity. No new development is permitted within the floodway. The flood fringe lies
between the floodway and the edge of the floodplain. Depths and velocities of flooding in the
flood fringe are much less than those in the floodway, allowing for limited development to
occur if certain criteria are met. A portion of the subject properties are located within the
floodway and a portion of the subject properties, closer to Lancaster Street West, is within
the flood fringe (map enclosed).
It is our understanding that the applicant is proposing to establish a legal easement over
both properties for a shared driveway. Based on letters from the landowners dated
September 30, 2016 and May 31, 2018, the shared driveway already exists. As such, GRCA
has no objection to the proposed severance applications as no new development is being
proposed.
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 — Development, Interference with Wetlands and Alterations to Shorelines and
Watercourses Regulation. Any future development within the regulated area on either
property would need to conform to the Two Zone Floodplain Policy Area policies within the
City of Kitchener Official Plan and the GRCA's Policies for the Administration of Ontario
Regulation 150/06.
Page 1 of 2
3. Plan Review Fees:
The GRCA applies Plan Review Fees for Planning Act applications located within GRCA
areas of interest. This application is considered a `minor' consent application and the
applicable Plan Review Fee is $400.00. With a copy of this correspondence, the applicant
will be invoiced in the amount of $400.00.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
Encl.
cc. Ken Wilson, Stonebridge Guitars International Inc., 605 Lancaster Street West,
Kitchener, ON N2K 1 M5
Ajit Arora, 53 Marchwood Crescent, Richmond Hill, ON L4C 8M5
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority
Page 2 of 2
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Holly Dyson
From: Danielle Ingram <Danielle.ingram@waterloo.ca>
Sent: 29 June, 2018 9:00 AM
To: Holly Dyson
Subject: 2018-045 (603 Lancaster St W) & 2018-046 (605 Lancaster St W)
Follow Up Flag: Follow up
Due By: 05 July, 2018 9:00 AM
Flag Status: Flagged
Hi Holly,
The City of Waterloo has no concerns and will defer to the City of Kitchener planning staff to undertake a planning
review and determine the merits of the two consent applications noted above.
Thank you,
Danielle Ingram
Planning Approvals I Integrated Planning & Public Works I City of Waterloo
100 REGINA ST. S. I PO Box 337, STN WATERLOO
WATERLOO, ON, N2J 4A8
P: 519.747.8773 1 F: 519.747.8523 1 TTY: 1.886.786.3941
E: danielle.ingram@waterloo.ca
www.waterloo.ca I www.twitter.com/citywaterloo
www.youtube.com/citywaterloo I www.facebook.com/citywaterloo
IMPORTANT NOTICE: This communication (including attachments) is intended solely for the named
addressee(s) and may contain information that is privileged, confidential and exempt from disclosure. No
waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this
communication, you are hereby notified that any dissemination, distribution or copying of this communication
is strictly prohibited.
Subject Property: 239 Wellington Street North
Background:
On May 16, 2017, the Committee of Adjustment approved severance application B2017-006 subject
to certain conditions. That approval has since lapsed, and the Owner has reapplied for the same
severance application.
Staff Report
KITCHEI�TER
Community Services Department wwwkitchenerca
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REPORT TO:
Committee of Adjustment
DATE OF MEETING: July 17, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Garett Stevenson, Planner — 519-741-2200 ext. 7070
WARD:
10
DATE OF REPORT: July 10, 2018
REPORT NUMBER: DSD -18-067
SUBJECT:
Application B2018-047
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239 Wellington Street North
Owner/Applicant - Mary Cikic
--216
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Approve with Conditions
Subject Property: 239 Wellington Street North
Background:
On May 16, 2017, the Committee of Adjustment approved severance application B2017-006 subject
to certain conditions. That approval has since lapsed, and the Owner has reapplied for the same
severance application.
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Subject Property: 239 Wellington Street North
Background:
On May 16, 2017, the Committee of Adjustment approved severance application B2017-006 subject
to certain conditions. That approval has since lapsed, and the Owner has reapplied for the same
severance application.
Staff Report
ITCHIE I�T� R Community Services Department www kitchenerca
Report:
The application is proposing to sever the existing property into two separate lots that will have
frontage onto Wellington Street North and a rear lane. A previously existing single detached
dwelling has been demolished and the property is currently vacant. A new duplex is proposed for
each new lot.
The existing property has a lot width of 20.117 metres (66 feet). The application proposes to sever
the lot roughly in half. The retained lands are proposed to have a lot width of 10.058 metres, a lot
depth of 48.217 metres, and a lot area of 492.8 square metres. The severed lot is proposed to have
a lot width of 10.059 metres, a lot depth of 48.217 metres and a lot area of 492.9 square metres.
Existing Streetscape — 239 Wellington Street North
Planning Comments:
The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as
Residential Five (R-5) in the Zoning By-law.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the
City's Official Plan and will allow for orderly development that is appropriate.
The subject application has been considered under the policies of the City's new 2014 Official Plan.
Low Rise Residential and Housing objectives and policies that are in effect were considered for this
application. The Official Plan supports an appropriate range, variety and mix of housing types and
styles, densities, tenure and affordability to satisfy the varying housing needs of our community
through all stages of life. The City favours a land use pattern which mixes and disperses a full range
of housing types and styles both across the city as a whole and within neighbourhoods. The
severed and retained lots are proposed to each be developed with a duplex dwelling, a permitted
residential use.
The property is located within the boundary of two different Council approved studies, including the
Residential Intensification in Established Neighbourhoods Study (RIENS) and the Kitchener Cultural
Staff Report
ITCHEI�T> R Community Services Department wwwkitchenerca
Heritage Landscape Study (CHLS). While the RIENS study is not yet implemented with specific
Official Plan polices and zoning regulations, the recommendations of the study provide high level
direction for new development within existing neighbourhoods.
Planning Staff is recommending, as a condition of approval, that a site drawing and building
elevation plans be submitted and be approved by the City's Director of Planning, in consultation with
Heritage Planning and Urban Design staff, to ensure that the final design of the proposed duplexes
are in keeping with the design and character of the surrounding community. These drawings must
show the dwelling's proposed height, mass, setbacks, building materials, architectural style and
garage/driveway. The proposed building should respect these existing neighbourhood
characteristics.
A similar condition was required for the previous application (B2017-006), and the elevation plans
shown below were provided.
Previously Proposed Duplex Dwellings — 239 & 241 Wellington Street North
The severed and retained lots comply with the regulations of the Residential Five (R-5) zone and is
consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater
Golden Horseshoe.
Based on the foregoing, Planning staff recommends that Consent Application B2018-047 requesting
to sever the existing property into two lots, subject to the conditions outlined in the Recommendation
section of this report.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services
(DGSSMS) allows only one service per lot. Should a severance be approved, additional services
Staff Report
ITCHEI�T> R Community Services Department wwwkitchenerca
will be required for severed lot — a building permit will be required for this work. Separate building
permit(s) will also be required for construction of new building.
Transportation Comments:
Transportation Services has no concerns with the proposed application
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service connections
for sanitary, storm, and water, in accordance with City policies. If the buildings have basements and
a sump pump is required, a storm outlet will be required also.
The owner is required to make satisfactory financial arrangements with the Engineering Division for
the installation of new services that may be required to service this property, all prior to final
severance approval. Our records indicate municipal water, storm and sanitary services are
currently available to service this property. Each severed lot will require a sanitary, a storm (for new
foundations only) and a water service. Any further enquiries in this regard should be directed to
Natasha Prepas-Strobeck (519-741-2200 ext. 7136).
Any new driveways are to be built to City of Kitchener standards. All work is at the owner's expense
and all work needs to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system and proposed easements will be
required to the satisfaction of the Engineering Division prior to severance approval.
As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction
As -Recorded Tracking Form is required to be filled out and submitted along with a digital submission
of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct
layer names and numbering system to the satisfaction of the Engineering Division prior to severance
approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to the
street sewers. If this is not the case, then the owner would have to pump the sewage via a pump
and forcemain to the property line and have a gravity sewer from the property line to the street.
Operations Comments:
A cash -in -lieu of land park dedication is required on the severed parcel only, in the amount
$4,627.14 as a new development lot will be created as result of the proposed severance. Parkland
dedication is calculated at 5% of the per metre lineal frontage land value for the severed portion.
The Applicant is advised that there are City owned trees within the Wellington Street frontage of the
severed and retained lots, which are to be protected from construction related damage and removal
in accordance with By-law Chapter 690, Articles 3 and 4. Removal of trees will require
compensation to the City.
Heritage Comments:
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by
the Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an
Staff Report
ITCHE I�T� R Community Services Department www kitchenerca
inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation
process. The owner of the property municipally addressed 239 Wellington Street is advised that the
property is within the Mt Hope/Breithaupt Gildner & Gruhn Neighbourhood CHL. The owner and the
public will be consulted as the City considers listing CHLs on the Municipal Heritage Register,
identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific
conservation options.
Environmental Planning Comments:
Clarity is required to understand which trees are remaining or possibility in shared ownership. The
City's standard tree protection condition is required as a condition of approval, for both the severed
and retained lands. A Tree Preservation/Enhancement Plan is required for the severed and retained
lands in accordance with the City's Tree Management Policy, which must be submitted and
approved before a building permit will be issued.
RECOMMENDATION:
That Application B2018-047 proposing to sever a lot with a width of 10.059 metres, a depth of
48.217 metres, and a lot area of 492.9 square metres, be approved subject to the following
conditions:
1. That the Owner provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one
full size paper copy of the plan(s). The digital file needs to be submitted according to
the City of Kitchener's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
2. That the 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.
3. That the Owner submit and receive approval of a site drawing and front building
elevation drawings, prior to final severance approval, to the satisfaction of the
Director of Planning in consultation with Urban Design and Heritage Planning staff,
showing the location and design of the proposed dwellings on both the severed and
retained lots, such that the proposed dwellings maintain a similar built form, front
yard setback, height, mass, building materials, architectural style, roof pitch and
design, and garage/driveway location, that is characteristic of the immediate
neighbourhood.
4. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands to be severed.
5. That the owner makes financial arrangements to the satisfaction of the City's
Engineering Services for the installation of all new service connections and the
removal of redundant services.
6. That the owner makes 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.
Staff Report
ITCHEI�T> R Community Services Department wwwkitchenerca
7. That 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
for the severed and retained lands.
8. That the owner 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 provides Engineering staff with confirmation that the basement
elevation of the future dwellings 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.
10. That the owner shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on title of the severed and retained lands which
shall include the following:
a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the
severed and retained lands in accordance with the City's Tree Management
Policy, to be approved by the City's Director of Planning and the Director of
Operations, and where necessary, implemented prior to any grading, tree
removal or the issuance of building permits. Such plans shall include, among
other matters, the identification of a proposed building envelope/work zone,
landscaped area and vegetation (including street trees) to be preserved.
b) The owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City's Director
of Planning and the Director of Operations
Garett Stevenson, BES, MCIP, RPP
Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
File No. D20-20/18 KIT
July 9, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
B 2018-044
43 Barclay Ave
Miroslav Orasanin
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications
B2018-044 through B2018-047, B2018-051 through
B2018-054
Committee of Adjustment Hearing July 17, 2018
CITY OF KITCHENER
The applicant is proposing a lot severance to create a new residential lot.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
There are no Regional concerns to the above application. However, the owners of the
severed and retained lots are advised that the subject lands are located close to the
Waterloo International Airport runaway approach surface and therefore occupants may
be exposed to the presence and noise from flying aircraft.
Document Number: 2769250 Version: 1
Regional staff has no objection to the 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.
B 2018-045 and B 2018-046
603 Lancaster St W and 605 Lancaster St W
Ajit Arora / Ken Wilson, Stonebridge Guitars International Inc.
Application B 2018-045 is proposing to grant an easement along the westerly property
line, in favour of the property municipally addressed as 605 Lancaster Street West for
access.
Application B 2018-046 is proposing to grant an easement along the easterly property
line, in favour of the property municipally addressed as 603 Lancaster Street West for
access.
Corridor Planning:
Regional Road Dedication
There is no dedicated road widening required for the above applications, keeping in
view the existing buildings and porches on the subject properties. However, owners of
subject properties (203 and 205 Lancaster Street West) are advised that a future
redevelopment application on these lands would require a dedicated road widening of
approximately 3.96 metres depth along the entire property frontage to comply with the
designated road width of 20.117 metres for Lancaster Street West (RR #29). The road
dedication would be required free of any encumbrances and at the owner's cost.
Access Permit
The existing accesses on the subject properties is functioning as a mutual shared
access as confirmed by both property owners in separate letters to the City of
Kitchener, as provided in the above applications. Therefore, the owners will be required
to apply for a mutual shared Access Permit. No application fee will be required for the
access permit. The access permit is application is available at:
https://www.regionofwaterloo.ca/en/resources/Access Permit-access.pdf
Regional staff has no objection to the application subject to the following
conditions:
1) That prior to final approval the applicant obtain a mutual shared Access Permit
for the subject properties to the satisfaction of the Region of Waterloo.
Document Number: 2769250 Version: 1
B 2018-047
239 Wellington St W
Mary Cikic
The applicant is proposing to create a new lot intended for the construction of residential
duplexes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained residential lots will be impacted from road noise due to
increased traffic on Wellington Street. Additionally, these lands are in proximity of
Metrolinx / Region of Waterloo railway mainlines.
The applicant is required to enter into a registered agreement with the Region of
Waterloo to include the following noise attenuation measures) and noise warning
clauses in all offers of purchase/sale or rental agreements for the residential units on
the severed and retained lots:
a) The residential dwellings will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to increasing road
traffic on Wellington Street North; and rail noise from Metrolinx / Region of
Waterloo railway may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment, Conservation and Parks (MOECP).
This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Waterloo Region and the Environment, Conservation and Parks
(MOECP)".
"Metrolinx / Region of Waterloo or their assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject thereof. There
Document Number: 2769250 Version: 1
may be alterations to or expansions of the railway facilities on such rights-of-way
in the future including the possibility that the railway or its assigns or successors
as aforesaid may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the inclusion of any
noise and vibration attenuating measures in the design of the development and
individual dwelling(s). Metrolinx / Region of Waterloo will not be responsible for
any complaints or claims arising from use of such facilities and/or operations on,
over or under the aforesaid rights-of-way"
Regional staff has no objection to the 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 enters into a registered development
agreement with the Region of Waterloo to include the following noise attenuation
measures and noise warning clauses in all offers of purchase/sale or rental
agreements for the residential units for both the severed and retained lots:
a. The residential dwellings will be fitted with forced air -ducted heating
system suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Wellington Street North; and rail noise
from Metrolinx / Region of Waterloo railway may occasionally
interfere with some activities of the dwelling occupants as the
sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment, Conservation and
Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
"Metrolinx / Region of Waterloo or their assigns or successors in
interest has or have a rights-of-way within 300 metres from the land
Document Number: 2769250 Version: 1
the subject thereof. There may be alterations to or expansions of
the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). Metrolinx /
Region of Waterloo will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over
or under the aforesaid rights-of-way"
B 2018-051
304 Park St
Michael Prediville
The applicant is proposing to create a new lot for residential purposes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained lands will be impacted from rail noise from the Goderich
Exeter Railway (G. Ex. R.) mainlines.
The applicant is required to enter into a registered agreement with the City of Kitchener
to include the following noise attenuation measures and noise warning clauses in all
offers of purchase/sale or rental agreements for the residential units on the severed and
retained lots:
a) The residential dwelling on severed lot will be fitted with forced air -ducted heating
system suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements for both, severed and retained lots:
1) "The purchasers / tenants are advised that sound levels due to increasing
rail noise from Goderich Exeter Railway mainline may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry
of the Environment, Conservation and Parks (MOECP). This dwelling has
been fitted with a forced air -ducted heating system and has been
Document Number: 2769250 Version: 1
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 Waterloo Region and the
Environment, Conservation and Parks (MOECP)".
2) "Goderich Exeter Railway or their assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject thereof.
There may be alterations to or expansions of the railway facilities on such
rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s).
Goderich Exeter Railway will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
Regional staff has no objection to the 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 enters into a registered agreement with
the City of Kitchener to include the following noise attenuation measures and
noise warning clauses in all offers of purchase/sale or rental agreements for the
residential units on the severed and retained lots:
a. The residential dwelling on severed lot will be fitted with forced air -ducted
heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements for both, severed and retained
lots:
"The purchasers / tenants are advised that sound levels due to
increasing rail noise from Goderich Exeter Railway mainline may
occasionally interfere with some activities of the dwelling occupants
as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment, Conservation
Document Number: 2769250 Version: 1
and Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
ii. "Goderich Exeter Railway or their assigns or successors in interest
has or have a rights-of-way within 300 metres from the land the
subject thereof. There may be alterations to or expansions of the
railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). Goderich
Exeter Railway will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
B 2018-052
101 Mount Hope St
Mohammad Abdullah c/o JEC Properties Inc.
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the 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.
Document Number: 2769250 Version: 1
B 2018-053
105 Mount Hope St
Mohammad Abdullah c/o JEC Properties Inc.
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the 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.
B 2018-054
44 Fifth Ave
Goran and Milena Gligorovic
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained lots will be impacted from road noise due to proximity to
Highway 7/8 and Kingsway Drive.
The applicant is required to enter into a registered agreement with the City of Kitchener
to include the following noise attenuation measures and noise warning clauses in all
offers of purchase/sale or rental agreements for the residential units on the severed and
retained lots:
a) The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 2769250 Version: 1
"The purchasers /tenants are advised that sound levels due to increasing road
traffic Highway 7/8 and Kingsway Drive may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the sound
level limits of the Waterloo Region and the Ministry of the Environment,
Conservation and Parks (MOECP). This dwelling has been fitted with a forced
air -ducted heating system and has been designed with the provision of adding
central air conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will allow
windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Waterloo Region and the
Environment, Conservation and Parks (MOECP)".
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the 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 enters into a development agreement
with the City of Kitchener to include the following noise attenuation measures and
noise warning clauses in all offers of purchase/sale or rental agreements for the
residential units for both the severed and retained lots:
a. The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
i. "The purchasers / tenants are advised that sound levels due to
increasing road traffic Highway 7/8 and Kingsway Drive may
occasionally interfere with some activities of the dwelling occupants
Document Number: 2769250 Version: 1
as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment, Conservation
and Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above.
Should you require Regional Staff to be in attendance at the meeting or have any
questions, please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley
Planner
Document Number: 2769250 Version: 1
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
July 5, 2018
YOUR FILE: See below
Applications for Minor Variance:
A 2018-057
901 Pebblecreek Court
A 2018-058
352 Maple Avenue
A 2018-059
39 Susan Crescent
A 2018-060
6 Waterwillow Court
A 2018-061
1 Adam Street
A 2018-063
Doonwoods Crescent
A 2018-064
304 Park Street
A 2018-065
101 Mount Hope Street
A 2018-066
101 Mount Hope Street
A 2018-067
105 Mount Hope Street
A 2018-068
105 Mount Hope Street
A 2018-069
44 Fifth Avenue
Applications for Consent:
B 2018-044
43 Barclay Avenue
B 2018-047
239 Wellington Street North
B 2018-048
Weichel Street at Victoria Street South
B 2018-049
Weichel Street at Victoria Street South
B 2018-050
Weichel Street at Victoria Street South
B 2018-051
304 Park Street
B 2018-052
101 Mount Hope Street
B 2018-053
105 Mount Hope Street
B 2018-054
44 Fifth Avenue
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Report KN-
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 17, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Andrew Pinnell, Planner— 519-741-2200 ext. 7668
WARD: 8
DATE OF REPORT: July 6, 2018
REPORT #: DSD -18-068
SUBJECT: B2018-048 through B2018-050 — Northeast Corner of Weichel Street and
Victoria Street South
Applicant — Scott Patterson (Labreche Patterson & Associates)
Owner — 1917171 Ontario Inc.
Defer
REPORT
Planning Comments:
The subject property is located at the northeast corner of Weichel Street and Victoria Street South in
the Victoria Hills Planning Community. Planning staff visited the site on June 25, 2018.
The applications propose to sever three lots with primary frontage on Weichel Street and retain one lot
with frontage on Victoria Street South (only).
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Region comments, dated July 6, 2018, indicate that access to the retained lot (which has frontage only
on Victoria Street) will not be permitted from Victoria Street South due to deficient sight distance
visibility (i.e., a traffic safety issue). Accordingly, the retained lot is not functional and cannot be
supported by Planning staff. Because all 3 applications relate to each other, none of the applications
can be supported.
Planning staff contacted the applicant on June 6, 2018 (via email and phone) and had a phone
conversation regarding this issue. The applicant and staff discussed options for the severance of the
lands, including the possibility of eliminating the retained lot in favour of deeper lots fronting Weichel
Street, which Planning staff said would require the applicant to withdraw the applications and submit
new applications. However, no clear direction was provided by the applicant by the report preparation
deadline the same day.
Accordingly, rather than recommending refusal of the applications, Planning staff is recommending
deferral in order to allow the applicant time to consider the options and provide direction regarding how
he wishes to proceed.
RECOMMENDATION
That Consent Applications 132018-048, 132018-049, and B2018-050 requesting consent to create
new lots be deferred.
Andrew Pinnell, MCIP, RPP
Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
File No. D20-20/18 KIT
July 6, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax:519-575-4466
www.regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications
B2018-048 through B2018-050 Committee of Adjustment
Hearing July 17, 2018
CITY OF KITCHENER
B 2018-048 through B 2018-050
Weichel St at Victoria St
19171771 Ontario Inc. c/o Scott Murray
The applicant is proposing to sever the land and create three new lots facing Weichel
Street and have one retained lot facing Victoria Street South. Each lot would be
developed for residential purposes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot (three proposed severed lots) prior to
final approval of the consent.
Record of Site Condition:
The subject property is part of a former (historical) landfill and is identified as a known
threat for environmental contamination due to past and existing uses. In accordance
with the Region of Waterloo's Implementation Guidelines for the Review of
Document Number: 2772659 Version: 1
Development Applications on or Adjacent to Known and Potentially Contaminated Sites,
a Record of Site Condition (RSC) is required prior to final approval of the consent
application.
Corridor Planning:
Regional Road Dedication
A dedicated road widening of 7.62 metres daylight triangle will be required at the
northeast corner of Victoria Street South/ Weichel Street. A draft reference plan for the
road widening/ daylight triangle will need to be prepared by an Ontario Land Surveyor
and must be provided for review by Regional staff, prior to depositing the Reference
Plan to Land Registry Office.
The owner must provide a copy of registered Reference Plan and owner' s legal
representative's contact information who would be required to work with Region's Legal
staff to complete the required documentation for the dedicated road widening/ daylight
triangle.
A Phase I and Phase II Environmental Site Assessment (ESA) is required for the
portions of lands to be dedicated to the Region and must be excluded from the RSC for
the balance of the lands.
Access
Access to the proposed severed lots must be provided from Weichel Street. The access
to the retained lot will not be permitted from Victoria Street South due to deficient sight
distance visibility towards west. Therefore, alternate arrangement must be made to
provide access to the proposed retained lot via one of the adjacent lots and the
severance plan changed accordingly.
Environmental Noise
A detailed environmental noise study will be required to assess the impacts of
transportation noise from Victoria Street South (RR #55) and Westmount Road West
(RR #50). The recommendations of the detailed noise study will be required to be
implemented as a Regional condition through a registered agreement with the Region of
Waterloo. Condition(s) must be secured as accordingly.
It is the responsibility of the applicant to ensure the development is not adversely
affected by anticipated transportation and/or stationary noise impacts. In this regard the
applicant should prepare an Environmental Noise Study. The noise study must be
prepared in accordance with MOE NPC -300 Guideline.
Document Number: 2772659 Version: 1
The noise consultant must be pre -approved by the Region of Waterloo. The noise
consultant is responsible for obtaining current information, applying professional
expertise in performing calculations, making detailed and justified recommendations,
submitting the Consultant Noise Study Declaration and Owner/Authorized Agent
Statement along with three copies of the Environmental Noise Study to the Region of
Waterloo.
Please note that the Region of Waterloo charges $250 for the preparation of traffic
forecasts and review of Environmental Noise Study. The noise consultant preparing the
Environmental Noise Study must complete and submit a Transportation Planning Noise
Assessment Fee Form and must request forecasted traffic data for the appropriate
Regional roadways. The form can be found at:
https://www.regionofwaterloo.ca/en/living-here/resources/Design-StandardsINoise-
Assessment-Application--Fee-Form. pdf
As indicated on the form, traffic forecasts for noise assessments will be prepared within
15 business days of the data of the request, but will be withheld if payment has not
been received.
Stormwater Management and Site Grading
As a condition of the consent, the applicant must submit a Site Grading and Drainage
Plan, Site Servicing Plan and Storm Water Management Plan, and enter into any
necessary development agreements with the Region to the satisfaction of the Region.
The applicant will be required to submit 2 copies of the Site Grading and Drainage
Plan(s) and Site Servicing Plan(s), and accompanying Storm Water Management
Report to the Region of Waterloo for approval.
This should include infiltration of roof top runoff where soils conditions permit, showing
drainage details for the subject property, abutting properties and the public road
allowance so as to ensure compatible drainage and to show all existing and proposed
connections to the municipal storm sewers, sanitary sewers and water mains and all
detailed erosion and siltation control features, all to the satisfaction of the Regional
Municipality of Waterloo.
A private storm water connection to any storm sewer on any Regional Road will be
discouraged where an alternate storm water connection is available, or if it is
determined that the Regional Road storm sewer does not have the sufficiency
(condition or capacity) to accommodate private storm water flows from this site. It is the
responsibility of the applicant's engineering consultant to determine a storm water outlet
from the site and sufficiency of the receiving storm sewer system and to include this
information in the stormwater management report.
The applicant or their consultant should contact Mr. Malcolm Lister, Manager, Technical
Document Number: 2772659 Version: 1
Services for the Region of Waterloo at 519-575-4432 or at mlister _regionofwaterloo.ca
to determine if any engineering plans and/or further information for the Regional Road
services are available which may be of assistance.
The site must be constructed and graded in accordance with the approved plans and
Storm Water Management Report, and the storm water management features
maintained in accordance with the suppliers and reports recommendations. The
Regional Road allowance must be restored to the satisfaction of the Regional
Municipality of Waterloo.
Other
The following will be required at future development / Site Plan application stage for the
proposed development on severed and retained lots:
Site Servicing/ Municipal Consent:
Servicing plans will require Regional approval through a separate process of Municipal
Consent. Also any work required within the Region of Waterloo road allowance will
require a Regional Work Permit. In this regard the applicant will be required to submit 6
copies of the plans illustrating all the proposed grading, servicing, sidewalk and
landscaping on the Regional Road to the Region's Transportation Engineering Services
Division (Mr. Josh Graham, 519-575-4400 ext 3580 or by email at:
JGraham(@-regionofwaterloo.ca
Water Services:
Given the proximity to a 600 mm PVC regional watermain, the applicant should be
made aware that no connection to regional watermains will be permitted in accordance
with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for
Municipal Services for January 2018.
Regional staff has no objection to the 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 for each new
residential lot created.
2) That prior to final approval the applicant submit a Record of Site Condition,
acknowledged by the Ministry of the Environment, Conservation and Parks, to
the Region of Waterloo.
3) That prior to final approval, the applicant complete the required road widening
dedication.
Document Number: 2772659 Version: 1
4) That prior to final approval, the applicant submit a Stage 1 and 2 Environmental
Site Assessment for the portions of land to be dedicated to the Region to the
satisfaction of the Region of Waterloo.
5) That prior to final approval, the applicant submit an Environmental Noise Study to
the Region of Waterloo for review and approval, and, if necessary, based on the
recommendations of the study, enter into a Registered Development Agreement
with the Region of Waterloo to implement the recommendations of the study.
6) That prior to final approval, the applicant submit a Site Grading and Drainage
Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of
Waterloo for review and approval, and, if necessary, enter into a Registered
Development Agreement with the Region of Waterloo.
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above.
Should you require Regional Staff to be in attendance at the meeting or have any
questions, please do not hesitate to contact the undersigned.
Yours truly,
i
Matthew Colley
Planner
Document Number: 2772659 Version: 1
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
July 5, 2018
YOUR FILE: See below
Applications for Minor Variance:
A 2018-057
901 Pebblecreek Court
A 2018-058
352 Maple Avenue
A 2018-059
39 Susan Crescent
A 2018-060
6 Waterwillow Court
A 2018-061
1 Adam Street
A 2018-063
Doonwoods Crescent
A 2018-064
304 Park Street
A 2018-065
101 Mount Hope Street
A 2018-066
101 Mount Hope Street
A 2018-067
105 Mount Hope Street
A 2018-068
105 Mount Hope Street
A 2018-069
44 Fifth Avenue
Applications for Consent:
B 2018-044
43 Barclay Avenue
B 2018-047
239 Wellington Street North
B 2018-048
Weichel Street at Victoria Street South
B 2018-049
Weichel Street at Victoria Street South
B 2018-050
Weichel Street at Victoria Street South
B 2018-051
304 Park Street
B 2018-052
101 Mount Hope Street
B 2018-053
105 Mount Hope Street
B 2018-054
44 Fifth Avenue
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Report
Development Services Department
1
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REPORT TO: Committee of Adjustment
DATE OF MEETING: July 17, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext. 7987
WARD: #9
DATE OF REPORT: July 11, 2018
REPORT #: DSD -18-069
SUBJECT: B2018-051 & A2018-064 — 304 Park Street
Owner: Michael Harrison Prendiville
Recommendation: Approve with Conditions
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Location Map
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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Planning Comments:
The subject land is located at 304 Park Street and is a through lot which has frontage on both Park
Street and Gruhn Street. The applicant is proposing to sever the property in order to create a new lot
for a single detached dwelling having frontage on Gruhn Street, while retaining the existing dwelling on
Park Street. The subject lands are located in the KW Hospital Secondary Plan and are designated Low
Rise Conservation and zoned Residential Five Zone (R-5), with Special Use Provision 129U.
Policies of this designation speak to the preservation of the existing low rise, low density residential
character of the neighbourhood. Preservation of the built scale of development is encouraged through
the retention of the existing housing stock, and the creation of new housing through redevelopment at a
scale and intensity no greater than existing. The existing house will be preserved on the lands to be
retained and will not appear any different from the Park Street frontage. The new lot provides for the
one new single detached dwelling, on a lot which complies with by-law requirements. The proposed lot
width of 12.8 metres at the Gruhn Street frontage exceeds the minimum by-law requirements and is
similar to or greater than the width of existing lots along the street.
Policies of the 2014 Official Plan also require that infill development complement existing buildings and
contribute to neighbourhood character. The applicant has provided the proposed building plan for the
new single detached dwelling, and staff confirms that the building design and size of the new lot comply
with all zoning by-law requirements. The proposed dwelling's setback of 4.5 metres will comply with the
by-law and is in keeping with the setback of existing houses along this section of Gruhn Street. The
proposed elevations provide for a 2 storey house with a peaked roof, which is similar to the scale of
other dwellings along this section of Gruhn Street and will also comply with by-law requirements. Staff
is of the opinion that the house design provided in support of the application is compatible with the
established neighbourhood and staff recommends that as a condition of approval, the Owner be
required to enter into a modified subdivision agreement, requiring that building elevations be consistent
with those submitted in support of the application.
Staff also noted that to facilitate the consent the detached garage is proposed to be demolished. This
requirement is included as a condition of the consent, and works must be completed before the
severance is final as the proposed property line would divide the existing structure. Required parking
will continue to be provided to the rear of the existing dwelling, and will be wholly contained on the
lands to be retained.
Minor variances have been requested for the retained lands to: legalize the existing side yard setback
of 2.4 metres, rather than 3.0 metres on the side with the driveway; to legalize the existing width of the
driveway of 2.4 metres, rather than 2.6 metres; and to permit a rear yard setback of 4.955 metres rather
than 7.5 metres. These variances are further discussed below.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the
City's Official Plan and will allow for orderly development that is compatible with the existing
community. The dimensions and shape of both the severed and retained lands conform to the zoning
regulations (subject to approval of the associated minor variances) and are appropriate and suitable for
the existing dwelling and the future development of the severed lot. The lands front on established
public streets, and both parcels of land can be serviced with independent and adequate service
connections to municipal services. Staff is further of the opinion that the proposal is consistent with the
Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe.
Proposed Minor Variances:
The applicant has requested two minor variances for the lands to be retained. Subsequent to the
application being received, a third variance was identified to permit an existing driveway to have a width
of 2.4 metres rather than 2.6 metres. The additional variance was captured in the public notice,
however was not part of the original application. In considering the four tests for minor variances as
outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer
the following comments.
The subject lands are designated Low Rise Conservation in the KW Hospital Secondary Plan. The
intent of this designation is to retain the existing low rise, low density residential character of the
neighbourhood. Preservation of the built scale of development is encouraged through the retention of
the existing housing stock, and the creation of new housing through redevelopment at a scale and
intensity no greater than existing. The proposed variances will facilitate the creation of a new lot which
complies with the policies of this designation. The existing house will be preserved on the lands to be
retained and will not appear any different from the Park Street frontage. Based on the foregoing staff
are of the opinion that the general intent of the Official Plan is maintained.
Variances 1 & 2: Reduction of side yard setback from 3.Om to 2.4 m where a driveway leads to a
required parking space, and reduction of driveway width from 2.6 to 2.4 metres.
The general intent of the zoning by-law is to ensure sufficient space for a driveway to lead from the
street to a required parking space and to accommodate the width of a vehicle. The intent of requiring a
3.0 metre wide driveway where is located adjacent to a house is to ensure sufficient space for drivers
and passengers to open doors and exit a vehicle if they are parked in the driveway without being
impeded by the house or encroaching on neighbouring lands. Similarly, the intent of a 2.6 metre wide
driveway width is to ensure a vehicle can manoeuver on the driveway. In this case, the width of the
driveway is existing and is not proposed to change as a result of the consent. The required parking
space at the end of the driveway (in the rear yard) will exceed minimum parking space size
requirements allowing for doors to open fully. In addition, staff observe that the current occupants
accommodate mid-sized vehicles on the driveway. Transportation Services staff is satisfied that the
existing situation is functional and appropriate. Based on the foregoing, staff is of the opinion that the
general intent of the by-law is maintained.
Photo 3 — driveway of existing dwelling at 304 Park Street
Staff is of the opinion that the proposed variances are minor and appropriate for the development and
use of the lands. Variances #1 and #2 legalize the existing driveway width and side yard setback,
which are both currently legal non -conforming, however upon severance they lose this status as they
are not on the original lot. Staff is of the opinion that the driveway is currently functional and the
existing situation is not proposed to change as a resit of the consent.
Variance 3: reduction to rear yard setback from 7.5 metres for 4.995 metres.
The general intent of the 7.5 metre rear yard setback is to provide appropriate separation between
dwellings adequate private outdoor amenity space. The rear yard of the subject dwelling contains a
recently built deck. This deck appears smaller than the one captured by aerial imagery and allows for a
rear yard grassed area. Given that the owner is satisfied with the amount of private outdoor amenity
space, and any new owner of the lands to be severed will be aware of the reduced rear yard setback on
the retained lands, staff is satisfied that the proposed variances maintains the general intent of the
zoning by-law. Staff is further of the opinion that the reduction to the rear yard setback is minor and
appropriate for the development and use of the lands.
Based on the foregoing, staff recommends that Minor Variance Application A2018-064 be approved.
Environmental Planning Comments:
A Tree Preservation/Enhancement Plan is required for the severed and retained lands in accordance
with the City's Tree Management Policy.
Building Comments:
The Building Division has no objections to the proposed applications provided:
1) A qualified designer is retained to complete a building code assessment as it relates to the new
proposed property line and any of the building adjacent to this new property line shall addresses such
items as: spatial separation of existing buildings' wall face to the satisfaction of the Chief Building
Official; and closing in of openings may be required, pending spatial separation calculation results.
2) A building permit shall be obtained for any remedial work/ upgrades required by the building code
assessment.
Transportation Services Comments:
Transportation Services has no concerns with the subject applications.
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. If the buildings
have basements and a sump pump is required, a storm outlet will be required also.
• The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new services that may be required to service this property, all prior to
severance approval. Our records indicate municipal water, storm and sanitary services are
currently available to service this property. Each severed lot will require a sanitary, a storm (for
new foundations only) and a water service. Any further enquiries in this regard should be
directed to Natasha Prepas-Strobeck (519-741-2200 ext. 7136).
• Any new driveways are to be built to City of Kitchener standards. All work is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system and proposed easements will
be required to the satisfaction of the Engineering Division prior to severance approval.
As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along with
a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with
the corresponding correct layer names and numbering system to the satisfaction of the
Engineering Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Operations Comments:
A cash -in -lieu of land park dedication is required on the severed parcel only, in the amount $5,888.92
as a new development lot will be created as result of the proposed severance. Parkland dedication is
calculated at 5% of the per metre lineal frontage land value for the severed portion.
The Applicant is advised that there is a City owned tree within the Gruhn Street frontage of the severed
lot, which is to be protected from construction related damage and removal in accordance with By-law
Chapter 690, Articles 3 and 4. Removal of the City owned tree would require compensation to the City.
RECOMMENDATION
A. That application B 2018-051 requesting consent to sever a parcel of land having a width of
12.8 metres and an area of 235 metre squared, 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 provide a digital file of the deposited reference plan(s) prepared by an Ontario
Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one full size paper
copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's
Digital Submission Standards to the satisfaction of the City's Mapping Technologist.
3. That the existing detached garage be demolished to the satisfaction of the City's Chief Building
Official.
4. a) That the owner shall complete a building code assessment, prepared by a qualified designer, to
confirm that the proposed property line and any of the building adjacent to this new property line
comply with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The
assessment shall addresses items such as, but not limited to, spatial separation of existing
buildings' wall face, and shall include recommendations such as closing in of openings pending
spatial separation calculation results.
b) A building permit shall be obtained for any remedial work/ upgrades required by the building
code assessment.
5. That the owner make financial arrangements to the satisfaction of the City's Director of
Engineering for the removal of any redundant service connections and the installation of new
ones that may be required to service this property, the installation of boulevard landscaping
including street trees, the installation of a paved driveway ramp, and the installation of new curb
and gutter, all to City standards.
6. That the owner make arrangements financial or otherwise for the relocation of any existing City -
owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the
satisfaction of the appropriate City department.
7. That the owner provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction
of the Engineering Division, showing outlets to the municipal servicing system, together with any
required easements.
8. That the owner 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.
9. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the
severed parcel in the amount of $5888.92. Park Dedication is calculated at the residential rate of
5%, for the severed lands only, with a land valuation calculated by the lineal frontage and a land
value of $9,200 per metre of frontage.
10. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City
Solicitor and registered on title of the severed lands which shall include the following:
"That prior to any grading, tree removal, or the application for or issuance of a building permit, the
owner shall submit the following plans, prepared by qualified consultants, to the satisfaction of the
City's Director of Planning:
(ii) Elevation drawings for all new buildings. The owner agrees that the proposed building
elevations shall be consistent with those submitted in support of Consent Application
B2018-051;
(iii) A Grading Plan showing the proposed grades and drainage;
(iv) A Tree Preservation Plan for the severed lands in accordance with the City's Tree
Management Policy. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and vegetation to be preserved.
(v) The owner further agrees to implement the approved plans. No changes to the plans shall
be granted except with the prior approval of the City's Director of Planning."
11. That minor variance application A2018-064 receive final approval.
B. That minor variance application A2018-064 requesting relief from Section 39.2.1 to permit a
rear yard setback of 4.995 metres, rather than 7.5 metres; from Section 39.2.1 to permit a
side yard setback of 2.4 metres where a driveway leading to a require parking spaces is
situated between the main building and the side lot line, rather than 3.0 metres; and from
section 6.1.1.1 b) ii) b) to permit an existing driveway to have a minimum width of 2.4 metres,
rather than 2.6 metres, be approved.
Katie Anderl, MCIP, RPP Juliane von Westerholt, MCIP, RPP
Senior Planner Senior Planner
Region of Waterloo
File No. D20-20/18 KIT
July 9, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
B 2018-044
43 Barclay Ave
Miroslav Orasanin
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications
B2018-044 through B2018-047, B2018-051 through
B2018-054
Committee of Adjustment Hearing July 17, 2018
CITY OF KITCHENER
The applicant is proposing a lot severance to create a new residential lot.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
There are no Regional concerns to the above application. However, the owners of the
severed and retained lots are advised that the subject lands are located close to the
Waterloo International Airport runaway approach surface and therefore occupants may
be exposed to the presence and noise from flying aircraft.
Document Number: 2769250 Version: 1
Regional staff has no objection to the 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.
B 2018-045 and B 2018-046
603 Lancaster St W and 605 Lancaster St W
Ajit Arora / Ken Wilson, Stonebridge Guitars International Inc.
Application B 2018-045 is proposing to grant an easement along the westerly property
line, in favour of the property municipally addressed as 605 Lancaster Street West for
access.
Application B 2018-046 is proposing to grant an easement along the easterly property
line, in favour of the property municipally addressed as 603 Lancaster Street West for
access.
Corridor Planning:
Regional Road Dedication
There is no dedicated road widening required for the above applications, keeping in
view the existing buildings and porches on the subject properties. However, owners of
subject properties (203 and 205 Lancaster Street West) are advised that a future
redevelopment application on these lands would require a dedicated road widening of
approximately 3.96 metres depth along the entire property frontage to comply with the
designated road width of 20.117 metres for Lancaster Street West (RR #29). The road
dedication would be required free of any encumbrances and at the owner's cost.
Access Permit
The existing accesses on the subject properties is functioning as a mutual shared
access as confirmed by both property owners in separate letters to the City of
Kitchener, as provided in the above applications. Therefore, the owners will be required
to apply for a mutual shared Access Permit. No application fee will be required for the
access permit. The access permit is application is available at:
https://www.regionofwaterloo.ca/en/resources/Access Permit-access.pdf
Regional staff has no objection to the application subject to the following
conditions:
1) That prior to final approval the applicant obtain a mutual shared Access Permit
for the subject properties to the satisfaction of the Region of Waterloo.
Document Number: 2769250 Version: 1
B 2018-047
239 Wellington St W
Mary Cikic
The applicant is proposing to create a new lot intended for the construction of residential
duplexes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained residential lots will be impacted from road noise due to
increased traffic on Wellington Street. Additionally, these lands are in proximity of
Metrolinx / Region of Waterloo railway mainlines.
The applicant is required to enter into a registered agreement with the Region of
Waterloo to include the following noise attenuation measures) and noise warning
clauses in all offers of purchase/sale or rental agreements for the residential units on
the severed and retained lots:
a) The residential dwellings will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to increasing road
traffic on Wellington Street North; and rail noise from Metrolinx / Region of
Waterloo railway may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment, Conservation and Parks (MOECP).
This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Waterloo Region and the Environment, Conservation and Parks
(MOECP)".
"Metrolinx / Region of Waterloo or their assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject thereof. There
Document Number: 2769250 Version: 1
may be alterations to or expansions of the railway facilities on such rights-of-way
in the future including the possibility that the railway or its assigns or successors
as aforesaid may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the inclusion of any
noise and vibration attenuating measures in the design of the development and
individual dwelling(s). Metrolinx / Region of Waterloo will not be responsible for
any complaints or claims arising from use of such facilities and/or operations on,
over or under the aforesaid rights-of-way"
Regional staff has no objection to the 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 enters into a registered development
agreement with the Region of Waterloo to include the following noise attenuation
measures and noise warning clauses in all offers of purchase/sale or rental
agreements for the residential units for both the severed and retained lots:
a. The residential dwellings will be fitted with forced air -ducted heating
system suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Wellington Street North; and rail noise
from Metrolinx / Region of Waterloo railway may occasionally
interfere with some activities of the dwelling occupants as the
sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment, Conservation and
Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
"Metrolinx / Region of Waterloo or their assigns or successors in
interest has or have a rights-of-way within 300 metres from the land
Document Number: 2769250 Version: 1
the subject thereof. There may be alterations to or expansions of
the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). Metrolinx /
Region of Waterloo will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over
or under the aforesaid rights-of-way"
B 2018-051
304 Park St
Michael Prediville
The applicant is proposing to create a new lot for residential purposes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained lands will be impacted from rail noise from the Goderich
Exeter Railway (G. Ex. R.) mainlines.
The applicant is required to enter into a registered agreement with the City of Kitchener
to include the following noise attenuation measures and noise warning clauses in all
offers of purchase/sale or rental agreements for the residential units on the severed and
retained lots:
a) The residential dwelling on severed lot will be fitted with forced air -ducted heating
system suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements for both, severed and retained lots:
1) "The purchasers / tenants are advised that sound levels due to increasing
rail noise from Goderich Exeter Railway mainline may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry
of the Environment, Conservation and Parks (MOECP). This dwelling has
been fitted with a forced air -ducted heating system and has been
Document Number: 2769250 Version: 1
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 Waterloo Region and the
Environment, Conservation and Parks (MOECP)".
2) "Goderich Exeter Railway or their assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject thereof.
There may be alterations to or expansions of the railway facilities on such
rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s).
Goderich Exeter Railway will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
Regional staff has no objection to the 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 enters into a registered agreement with
the City of Kitchener to include the following noise attenuation measures and
noise warning clauses in all offers of purchase/sale or rental agreements for the
residential units on the severed and retained lots:
a. The residential dwelling on severed lot will be fitted with forced air -ducted
heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements for both, severed and retained
lots:
"The purchasers / tenants are advised that sound levels due to
increasing rail noise from Goderich Exeter Railway mainline may
occasionally interfere with some activities of the dwelling occupants
as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment, Conservation
Document Number: 2769250 Version: 1
and Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
ii. "Goderich Exeter Railway or their assigns or successors in interest
has or have a rights-of-way within 300 metres from the land the
subject thereof. There may be alterations to or expansions of the
railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). Goderich
Exeter Railway will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
B 2018-052
101 Mount Hope St
Mohammad Abdullah c/o JEC Properties Inc.
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the 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.
Document Number: 2769250 Version: 1
B 2018-053
105 Mount Hope St
Mohammad Abdullah c/o JEC Properties Inc.
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the 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.
B 2018-054
44 Fifth Ave
Goran and Milena Gligorovic
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained lots will be impacted from road noise due to proximity to
Highway 7/8 and Kingsway Drive.
The applicant is required to enter into a registered agreement with the City of Kitchener
to include the following noise attenuation measures and noise warning clauses in all
offers of purchase/sale or rental agreements for the residential units on the severed and
retained lots:
a) The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 2769250 Version: 1
"The purchasers /tenants are advised that sound levels due to increasing road
traffic Highway 7/8 and Kingsway Drive may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the sound
level limits of the Waterloo Region and the Ministry of the Environment,
Conservation and Parks (MOECP). This dwelling has been fitted with a forced
air -ducted heating system and has been designed with the provision of adding
central air conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will allow
windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Waterloo Region and the
Environment, Conservation and Parks (MOECP)".
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the 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 enters into a development agreement
with the City of Kitchener to include the following noise attenuation measures and
noise warning clauses in all offers of purchase/sale or rental agreements for the
residential units for both the severed and retained lots:
a. The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
i. "The purchasers / tenants are advised that sound levels due to
increasing road traffic Highway 7/8 and Kingsway Drive may
occasionally interfere with some activities of the dwelling occupants
Document Number: 2769250 Version: 1
as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment, Conservation
and Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above.
Should you require Regional Staff to be in attendance at the meeting or have any
questions, please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley
Planner
Document Number: 2769250 Version: 1
Region of Waterloo
July 04, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(5) /VAR KIT, 8141362 Ontario Inc.
(8) /VAR KIT, Michael Prendiville
(11) /VAR KIT, Goran and Milena Gligorovic
Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 901 Pebblecreek Court (A 2018-057): No concerns.
2. 352 Maple Avenue (A 2018-058): No concerns.
3. 39 Susan Crescent (A 2018-059): No concerns.
4. 6 Waterwillow Court (A 2018-060): No concerns.
5. 1 Adam Street (A 2018-061): No concerns.
6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns.
7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns.
8. 304 Park Street (A 2018-064): No concerns.
9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns.
10.105 Mt. Hope (A 2018-067 & A 2018-068): No concerns.
11. 44 Fifth Avenue (A 2018-069): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Document Number: 2769561
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
July 5, 2018
YOUR FILE: See below
Applications for Minor Variance:
A 2018-057
901 Pebblecreek Court
A 2018-058
352 Maple Avenue
A 2018-059
39 Susan Crescent
A 2018-060
6 Waterwillow Court
A 2018-061
1 Adam Street
A 2018-063
Doonwoods Crescent
A 2018-064
304 Park Street
A 2018-065
101 Mount Hope Street
A 2018-066
101 Mount Hope Street
A 2018-067
105 Mount Hope Street
A 2018-068
105 Mount Hope Street
A 2018-069
44 Fifth Avenue
Applications for Consent:
B 2018-044
43 Barclay Avenue
B 2018-047
239 Wellington Street North
B 2018-048
Weichel Street at Victoria Street South
B 2018-049
Weichel Street at Victoria Street South
B 2018-050
Weichel Street at Victoria Street South
B 2018-051
304 Park Street
B 2018-052
101 Mount Hope Street
B 2018-053
105 Mount Hope Street
B 2018-054
44 Fifth Avenue
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Report
Development Services Department
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
REPORT
i
K�4�x
www. kitchener. ca
Committee of Adjustment
July 17, 2018
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Brian Bateman, Senior Planner — 519-741-2200 ext. 7869
9
July 5, 2018
DSD -18-070 & DSD -18-071
B2018-052, B2018-053, A2018-065 to A2018-068
101 & 105 Mt. Hope Street
Approve with Conditions
Subject Properties
Planning Comments:
The subject properties are located on the south side of Mt. Hope Street between York Street
and Eden Avenue. The properties are designated Low Rise Conservation in the KW Hospital
Secondary Plan and are zoned Residential Five (R-5) with Special Regulation Provision 129U
(which prohibits a 3 unit multiple dwelling) in the City's Zoning By-law. The subject properties
are currently vacant as dwellings on each property have been demolished recently due to being
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in very poor condition. Approval to demolish was received in 2017. Surrounding land use consists
primarily of low rise single and semi-detached dwellings with a high rise multiple dwelling located
on the opposite side of Mt. Hope Street.
A site inspection occurred in June 2018.
Street View of Subject Properties - Source: The Record
The properties are designated as Low Rise Conservation in the KW Hospital Secondary Plan,
and are proposed to be redeveloped with semi-detached dwellings which are compatible with the
low rise and low density residential character of the neighbourhood. Semi-detached dwellings are
a permitted use within the Residential Five (R-5) Zone.
In November 2017, the Committee heard application B2017-032 for a lot addition from 101 to 105
Mt. Hope Street. It was approved resulting in each property having in excess of 15 metres of
frontage in order to facilitate the development of a semi-detached dwelling on each property.
Since that time, the applicant has worked co-operatively with staff to prepare building elevations
for semi-detached dwellings that are complimentary and compatible with surrounding dwellings
in addition to preparing a tree management plan and entering into an agreement with the City to
conserve as much on-site vegetation as possible. This work has been completed and staff is
generally satisfied with the information and plans submitted todate.
The applicant would now like to move forward with consent applications in order to divide each
property equally to facilitate the future construction and sale of each half of the semi-detached
dwellings. To do so however, Committee approval is required to approve minor variance requests
for reduced lot areas and an increase in building height. A discussion of the proposed minor
variances and consents are provided below.
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Minor Variances A2018-065 to A2018-068
1. Lot Area (101 and 105 Mt. Hope)
The applicant is requesting consent to sever resulting in land parcels that are 209 square metres
of lot area for both the retained and severed parcels instead of 235 square metres as is required
in the Zoning By-law.
2. Building Height (101 and 105 Mt. Hope)
The applicant is requesting a building height for each semi-detached dwelling of 10.6 metres
instead of 10.5 metres as is required in the Zoning By-law.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
1. The subject properties are designated Low Rise Conservation in the KW Hospital Secondary
Plan in the City's Official Plan (Secondary plan policies of the 1994 Official Plan remain in
effect). This designation encourages a variety and mix of low density forms of housing,
including semi-detached dwellings, at a scale and intensity generally found within the
neighbourhood. Accordingly, the proposed variances meet the general intent of the
designation as staff is of the opinion they will facilitate the development of dwellings that
maintain the low rise nature of the neighbourhood.
2 The requested minor variances for reduced lot area and building height are appropriate and
meet the general intent of the Zoning By-law. The intent of the lot area regulation is to
ensure sufficient area is provided to erect a dwelling and have appropriate setbacks,
private amenity space and separation from adjacent properties. As the depth of the lots is
an existing condition and all other yard building setbacks and lot width are being met, it is
the opinion of the staff the impact of a reduced lot area is considered minor and would
appear unnoticed to the public.
The intent of the 10.5 metre building height regulation is to ensure dwellings are of an
appropriate height and scale in keeping with the low rise nature of residential
neighbourhoods. The request at 10.6 metres is considered minor as observed heights of
buildings vary within the neighbourhood and the request is in keeping with the character
of the neighbourhood. Accordingly, in the opinion of staff, the general intent of the Zoning
By-law is being maintained.
3. Staff is of the opinion that requested variances are minor. The general intent of the Official
Plan and Zoning By-law is being met and the variances under consideration will not pose any
significant impacts to the neighbourhood in the opinion of staff.
4. The variances are appropriate for the development and use of the land. Staff is confident the
semi-detached dwellings will be a positive addition to the neighbourhood and the variances
will assist in achieving a complimentary and compatible built form.
Consent Applications B2018-052 and B2018-053
The applicant is proposing consent to sever each half of the subject properties measuring
approximately 7.6 metres wide by 27.5 metres in depth for an area of 209 square metres while
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retaining lots of equal size. It is proposed that each lot will contain one half of a semi-detached
dwelling for future sale of the property.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c. P. 13, the uses of both the severed and retained parcels are in conformity with
the City's Official Plan, the 2017 PPS and the Growth Plan. The subject lands front on an
established public street and each parcel of land will be serviced with independent and adequate
service connections to municipal services, and are compatible in size with the lots in the
surrounding area.
Heritage Comments:
Heritage Planning staff has no concerns with the application.
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared
by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to
establish an inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL)
conservation process. The owner of the properties municipally addressed as 101 and 105 Mount
Hope Street is advised that the properties are located within the Gildner Neighbourhood CHL.
The owner(s) will be consulted as the City considers listing CHLs on the Municipal Heritage
Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with
specific conservation options. Please contact Michelle Drake, Senior Heritage & Policy Planner,
for more information.
Staff notes that the subject properties are located within the KW Hospital Secondary Plan. The
City will be commencing a secondary plan review in 2018. The land use and zoning of the
properties are subject to change. For more information, please contact Michelle Drake, Senior
Heritage & Policy Planner, by phone (519-741-2200 ext. 7839) or by email
(michelle.drakea-kitchener.ca.)
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Should a severance be approved, additional services will be required
for severed lot - a building permit will be required for this work. Separate building permit(s) will also be
required for construction of each new building.
Transportation Comments:
Transportation Services has no concerns with the proposed applications,
Engineering Comments:
Engineering has the following comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. If the buildings
have basements and a sump pump is required, a storm outlet will be required also.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new services that may be required to service this property,
all prior to severance approval. Our records indicate municipal water, storm and sanitary
services are currently available to service this property. Each severed lot will require a
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sanitary, a storm, and a water service. Any further enquiries in this regard should be directed
to Natasha Prepas-Strobeck (519-741-2200 ext. 7136).
• Any new driveways are to be built to City of Kitchener standards. All work is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system and proposed easements
will be required to the satisfaction of the Engineering Division prior to severance approval.
• As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along
with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.)
with the corresponding correct layer names and numbering system to the satisfaction of the
Engineering Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by gravity
to the street sewers. If this is not the case, then the owner would have to pump the sewage
via a pump and forcemain to the property line and have a gravity sewer from the property line
to the street.
Community Services Comments:
A cash -in -lieu of land park dedication is required on the severed parcel only, in the amount of $3,496 as
a new development lot will be created as result of the proposed severance. Parkland dedication is
calculated at 5% of the per metre lineal frontage land value for the severed portion. The Applicant is
advised that there are City owned trees within the Mount Hope Street frontage of the severed and retained
lots, which are to be protected from construction related damage and removal in accordance with By-law
Chapter 690, Articles 3 and 4. Removal of trees will require compensation to the City.
Environmental Planning Comments:
As a condition of approval, the owners must enter into agreements on both the severed and retained
parcels to complete, get approval of, and implement a Tree Preservation/ Enhancement Plan prior to
issuance of building permit.
RECOMMENDATION:
That Applications A2018-065 to A2018-068 requesting lot areas of 209 squares for the retained and
severed parcels instead of 235 square metres, and to have a building height of 10.6 metres instead of
10.5 metres for both 101 and 105 Mt. Hope Street be approved subject to the following condition:
1. That Applications B2018- 052 and B2018-053 are approved.
That Applications B2018-052 and B2018-053 requesting to sever and retain lots with a width of 7.6
metres, a depth of 27.43 metres, and have a lot area of 209 square metres, be approved subject to
the following conditions:
That satisfactory arrangements be made with the City of Kitchener for the payment of any
outstanding Municipal property taxes and/or local improvement charges.
2. That the Owner 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 one
full size paper copy of the plan(s). The digital file needs to be submitted according to the
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City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping
Technologist.
3. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication
equal to 5% of the value of the lands to be severed to the satisfaction of the Director of
Operations.
4. That 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 and/or
retained) lands.
5. That the owner make financial arrangements to the satisfaction of the City's Engineering
Services for the installation, to City standards, of boulevard landscaping including street
trees, and a paved driveway ramp, on the (severed lands and/or retained) lands.
6. That 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.
7. 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 severance approval.
8. That the Owner receives approval for building elevation drawings to the satisfaction of the
Director of Planning.
9. That the Owner obtains separate building permits to construct semi-detached dwellings on
each property and agrees to implement the approved building elevations and the approved
tree protection measures to the satisfaction of the Chief Building Official in consultation
with the Director of Planning.
Brian Bateman, MCIP, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
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Region of Waterloo
File No. D20-20/18 KIT
July 9, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
B 2018-044
43 Barclay Ave
Miroslav Orasanin
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications
B2018-044 through B2018-047, B2018-051 through
B2018-054
Committee of Adjustment Hearing July 17, 2018
CITY OF KITCHENER
The applicant is proposing a lot severance to create a new residential lot.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
There are no Regional concerns to the above application. However, the owners of the
severed and retained lots are advised that the subject lands are located close to the
Waterloo International Airport runaway approach surface and therefore occupants may
be exposed to the presence and noise from flying aircraft.
Document Number: 2769250 Version: 1
Regional staff has no objection to the 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.
B 2018-045 and B 2018-046
603 Lancaster St W and 605 Lancaster St W
Ajit Arora / Ken Wilson, Stonebridge Guitars International Inc.
Application B 2018-045 is proposing to grant an easement along the westerly property
line, in favour of the property municipally addressed as 605 Lancaster Street West for
access.
Application B 2018-046 is proposing to grant an easement along the easterly property
line, in favour of the property municipally addressed as 603 Lancaster Street West for
access.
Corridor Planning:
Regional Road Dedication
There is no dedicated road widening required for the above applications, keeping in
view the existing buildings and porches on the subject properties. However, owners of
subject properties (203 and 205 Lancaster Street West) are advised that a future
redevelopment application on these lands would require a dedicated road widening of
approximately 3.96 metres depth along the entire property frontage to comply with the
designated road width of 20.117 metres for Lancaster Street West (RR #29). The road
dedication would be required free of any encumbrances and at the owner's cost.
Access Permit
The existing accesses on the subject properties is functioning as a mutual shared
access as confirmed by both property owners in separate letters to the City of
Kitchener, as provided in the above applications. Therefore, the owners will be required
to apply for a mutual shared Access Permit. No application fee will be required for the
access permit. The access permit is application is available at:
https://www.regionofwaterloo.ca/en/resources/Access Permit-access.pdf
Regional staff has no objection to the application subject to the following
conditions:
1) That prior to final approval the applicant obtain a mutual shared Access Permit
for the subject properties to the satisfaction of the Region of Waterloo.
Document Number: 2769250 Version: 1
B 2018-047
239 Wellington St W
Mary Cikic
The applicant is proposing to create a new lot intended for the construction of residential
duplexes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained residential lots will be impacted from road noise due to
increased traffic on Wellington Street. Additionally, these lands are in proximity of
Metrolinx / Region of Waterloo railway mainlines.
The applicant is required to enter into a registered agreement with the Region of
Waterloo to include the following noise attenuation measures) and noise warning
clauses in all offers of purchase/sale or rental agreements for the residential units on
the severed and retained lots:
a) The residential dwellings will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to increasing road
traffic on Wellington Street North; and rail noise from Metrolinx / Region of
Waterloo railway may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment, Conservation and Parks (MOECP).
This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Waterloo Region and the Environment, Conservation and Parks
(MOECP)".
"Metrolinx / Region of Waterloo or their assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject thereof. There
Document Number: 2769250 Version: 1
may be alterations to or expansions of the railway facilities on such rights-of-way
in the future including the possibility that the railway or its assigns or successors
as aforesaid may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the inclusion of any
noise and vibration attenuating measures in the design of the development and
individual dwelling(s). Metrolinx / Region of Waterloo will not be responsible for
any complaints or claims arising from use of such facilities and/or operations on,
over or under the aforesaid rights-of-way"
Regional staff has no objection to the 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 enters into a registered development
agreement with the Region of Waterloo to include the following noise attenuation
measures and noise warning clauses in all offers of purchase/sale or rental
agreements for the residential units for both the severed and retained lots:
a. The residential dwellings will be fitted with forced air -ducted heating
system suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Wellington Street North; and rail noise
from Metrolinx / Region of Waterloo railway may occasionally
interfere with some activities of the dwelling occupants as the
sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment, Conservation and
Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
"Metrolinx / Region of Waterloo or their assigns or successors in
interest has or have a rights-of-way within 300 metres from the land
Document Number: 2769250 Version: 1
the subject thereof. There may be alterations to or expansions of
the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). Metrolinx /
Region of Waterloo will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over
or under the aforesaid rights-of-way"
B 2018-051
304 Park St
Michael Prediville
The applicant is proposing to create a new lot for residential purposes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained lands will be impacted from rail noise from the Goderich
Exeter Railway (G. Ex. R.) mainlines.
The applicant is required to enter into a registered agreement with the City of Kitchener
to include the following noise attenuation measures and noise warning clauses in all
offers of purchase/sale or rental agreements for the residential units on the severed and
retained lots:
a) The residential dwelling on severed lot will be fitted with forced air -ducted heating
system suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements for both, severed and retained lots:
1) "The purchasers / tenants are advised that sound levels due to increasing
rail noise from Goderich Exeter Railway mainline may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry
of the Environment, Conservation and Parks (MOECP). This dwelling has
been fitted with a forced air -ducted heating system and has been
Document Number: 2769250 Version: 1
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 Waterloo Region and the
Environment, Conservation and Parks (MOECP)".
2) "Goderich Exeter Railway or their assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject thereof.
There may be alterations to or expansions of the railway facilities on such
rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s).
Goderich Exeter Railway will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
Regional staff has no objection to the 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 enters into a registered agreement with
the City of Kitchener to include the following noise attenuation measures and
noise warning clauses in all offers of purchase/sale or rental agreements for the
residential units on the severed and retained lots:
a. The residential dwelling on severed lot will be fitted with forced air -ducted
heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements for both, severed and retained
lots:
"The purchasers / tenants are advised that sound levels due to
increasing rail noise from Goderich Exeter Railway mainline may
occasionally interfere with some activities of the dwelling occupants
as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment, Conservation
Document Number: 2769250 Version: 1
and Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
ii. "Goderich Exeter Railway or their assigns or successors in interest
has or have a rights-of-way within 300 metres from the land the
subject thereof. There may be alterations to or expansions of the
railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). Goderich
Exeter Railway will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
B 2018-052
101 Mount Hope St
Mohammad Abdullah c/o JEC Properties Inc.
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the 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.
Document Number: 2769250 Version: 1
B 2018-053
105 Mount Hope St
Mohammad Abdullah c/o JEC Properties Inc.
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the 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.
B 2018-054
44 Fifth Ave
Goran and Milena Gligorovic
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained lots will be impacted from road noise due to proximity to
Highway 7/8 and Kingsway Drive.
The applicant is required to enter into a registered agreement with the City of Kitchener
to include the following noise attenuation measures and noise warning clauses in all
offers of purchase/sale or rental agreements for the residential units on the severed and
retained lots:
a) The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 2769250 Version: 1
"The purchasers /tenants are advised that sound levels due to increasing road
traffic Highway 7/8 and Kingsway Drive may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the sound
level limits of the Waterloo Region and the Ministry of the Environment,
Conservation and Parks (MOECP). This dwelling has been fitted with a forced
air -ducted heating system and has been designed with the provision of adding
central air conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will allow
windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Waterloo Region and the
Environment, Conservation and Parks (MOECP)".
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the 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 enters into a development agreement
with the City of Kitchener to include the following noise attenuation measures and
noise warning clauses in all offers of purchase/sale or rental agreements for the
residential units for both the severed and retained lots:
a. The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
i. "The purchasers / tenants are advised that sound levels due to
increasing road traffic Highway 7/8 and Kingsway Drive may
occasionally interfere with some activities of the dwelling occupants
Document Number: 2769250 Version: 1
as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment, Conservation
and Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above.
Should you require Regional Staff to be in attendance at the meeting or have any
questions, please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley
Planner
Document Number: 2769250 Version: 1
Region of Waterloo
July 04, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(5) /VAR KIT, 8141362 Ontario Inc.
(8) /VAR KIT, Michael Prendiville
(11) /VAR KIT, Goran and Milena Gligorovic
Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 901 Pebblecreek Court (A 2018-057): No concerns.
2. 352 Maple Avenue (A 2018-058): No concerns.
3. 39 Susan Crescent (A 2018-059): No concerns.
4. 6 Waterwillow Court (A 2018-060): No concerns.
5. 1 Adam Street (A 2018-061): No concerns.
6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns.
7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns.
8. 304 Park Street (A 2018-064): No concerns.
9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns.
10.105 Mt. Hope (A 2018-067 & A 2018-068): No concerns.
11. 44 Fifth Avenue (A 2018-069): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Document Number: 2769561
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
July 5, 2018
YOUR FILE: See below
Applications for Minor Variance:
A 2018-057
901 Pebblecreek Court
A 2018-058
352 Maple Avenue
A 2018-059
39 Susan Crescent
A 2018-060
6 Waterwillow Court
A 2018-061
1 Adam Street
A 2018-063
Doonwoods Crescent
A 2018-064
304 Park Street
A 2018-065
101 Mount Hope Street
A 2018-066
101 Mount Hope Street
A 2018-067
105 Mount Hope Street
A 2018-068
105 Mount Hope Street
A 2018-069
44 Fifth Avenue
Applications for Consent:
B 2018-044
43 Barclay Avenue
B 2018-047
239 Wellington Street North
B 2018-048
Weichel Street at Victoria Street South
B 2018-049
Weichel Street at Victoria Street South
B 2018-050
Weichel Street at Victoria Street South
B 2018-051
304 Park Street
B 2018-052
101 Mount Hope Street
B 2018-053
105 Mount Hope Street
B 2018-054
44 Fifth Avenue
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
July 7, 2018
Holly Dyson (holty.dysonnakitchener.ca).
City of Kitchener Committee of Adjustment
Kitchener City Hall, 200 King St W, Box 1118
Re: Application B 2018-052, A 2018-065, A 2018-066 101 Mount Hope
Dear Ms Dyson and Committee of Adjustment members,
We are writing with respect to Application B 2018-052, A 2018-065, A 2018-
066 regarding the application for variance to sever the existing lot at 101 Mt.
Hope Street. We understand the variance would create two lots of 209.1 sq.m.
with expected development, of two large -footprint semi-detached houses.
Having recently experienced the severance and serni-detached development at
95 Mount HopeMEMOwe are concerned with
the potential impacts to our en oymeN"ou�:r property, nd our inyestment.
Similar to 95 Mount Hope, the proposed developments on 101 Mount Hope St.
are maximizing permissible building area and height— and minimizing lot size
and backyard setback.
What may not be obvious on maps and zoning charts, is how significantly
placing a large building so close to a property line changes the character of a
neighbourhood and adjacent properties.
With respect to the new development we are not opposing the severance or
variances outright but we are requesting a provisional requirement on granting
the application that would require the developer to construct a solid fence along
the back -of the new properties. Ideally this would be no less than Min height.
We respectively submit these concerns and ask for your serious consideration.
Sincerely
Staff Report
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT
REPORT #:
SUBJECT:
F
Committee of Adjustment
J
Ki R
www.kitchener. ca
July 17, 2018
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Craig Dumart, Junior Planner - 519-741-2200 ext. 7073
1
July 4, 2018
DSD -18-072
APPLICATION #: B2018-054, & A2018-069
44 Fifth Avenue
Applicant: Goran Gligorovic
Approve with conditions
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Location Map: 44 Fifth Avenue
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Planning Comments:
The subject property is designated Low Rise Residential in the City's 2014 Official Plan and
zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The lands are currently developed
with a single detached dwelling. The existing development of the neighbourhood consists of a
mix of single detached dwellings, and semi-detached dwellings. Lot sizes vary in width, depth,
and area in this nieghbourhood.
The Owner is requesting permission to sever the subject lands into two lots with the intent to
develop the lands with a semi-detached dwelling. The severed lot would have a lot width of 6.8
metres, a depth of 40.2 metres, and an area of 273.4 square metres. The retained lot would
have a lot width of 7.5 metres, a depth of 40.2 metres, and an area of 301.5 square metres. In
addition, the Owner has submitted the following minor variance application:
A2018-069 — The owner is requesting relief from Section 38.2.2 of the Zoning By-law to allow
one semi-detached dwelling unit to have a minimum lot width of 6.8 metres rather than the
required 7.5 metres while the other semi-detached dwelling unit will provide a lot width of 7.5
metres
City Planning staff conducted a site inspection of the property on June 22, 2018
E
Existing single detached dwelling at 44 Fifth Avenue
Consent Applications — B2018-054
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning
Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. While the severed lands require a minor variance, Planning
staff is of the opinion that the size, dimension and shape of the proposed lot is suitable for the
use of the lands and compatible with the surrounding community. The lands front onto a public
street and full services are available.
The proposed lots conform to the 2014 Official Plan. Both the retained and severed lots reflect
the general scale and character of the established development pattern of surrounding lands.
Based on the foregoing, Planning staff recommends that Consent Application B2018-054,
requesting consent to sever the subject property into two lots to facilitate the development of a
semi-detached dwelling be approved, subject to the conditions listed in the Recommendation
section of this report.
Minor Variance Application — A2018-069
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments:
1. The subject property is designated Low Rise Residential in both the City's 2014 Official
Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however a
significant number of Low Rise Residential policies from the 2014 Official Plan are under
3
appeal and therefore are not being relied upon for this report. Instead Low Rise Residential
Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing
such as semi-detached dwellings is being relied upon to determine whether the proposed
variances meet the general intent of the Official Plan. It is planning staffs opinion that the
proposed variance meets the general intent of the Official Plan which encourages a range
of different forms of housing to achieve a low density neighbourhood. The minor change to
the lot width will maintain the low density character of the property and surrounding
neighbourhood, which is characterized by a variety of lot sizes and built form options. The
proposed variance conforms to the designation and it is the further opinion of staff that the
requested variance is appropriate.
2. The requested variance to permit a reduced lot widths of 6.8 metres whereas 7.5 metres is
required meets the general intent of the Zoning By-law. The purpose of the the minimum
7.5 metre lot width requirement is to ensure the lot is of adequate size to support a building
envelope and parking, as well as to provide adequate amenity space on site. The proposed
semi-detached dwelling meets all other zoning regulations with regards to setbacks,
parking, building height, lot coverage and the proposed lots provide a generous amount of
amenity space in the rear yard. As such, staff is satisfied the reduction of 0.7 metres in lot
width meet the general intent of the Zoning By-law.
3. The variance can be considered minor as the proposed semi-detached dwelling lot width
will not present any significant impacts to adjacent properties or the overall
neighbourhood. The proposed new semi-detached dwellings use will provide a new
housing form at a scale and density that is appropriate for the context of the existing
neighbourhood, which consists of single detached dwellings and semi-detached
dwellings.
4. The requested variance is appropriate for the development and use of the land. The
development of the property will be sympathetic to the surrounding area and bring a new
context -appropriate unit type to the neighbourhood.
Based on the foregoing, Planning staff recommends that these applications be approved,
subject to the conditions outlined below in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services
(DGSSMS) allows only one service per lot. Should a severance be approved, additional services
will be required for severed lot — a building permit will be required for this work. Separate building
permit(s) will also be required for the demolition of the existing building and construction of the new
building(s).
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
Standard tree retention Condition and standard tree protection condition of the Boulevard tree
would apply.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
0
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. If the buildings
have basements and a sump pump is required, a storm outlet will be required also.
. The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new services that may be required to service this property, all prior
to severance approval. Our records indicate municipal water, storm and sanitary services are
currently available to service this property. Each severed lot will require a sanitary, a storm, and
a water service. Any further enquiries in this regard should be directed to Natasha Prepas-
Strobeck (519-741-2200 ext. 7136).
. Any new driveways are to be built to City of Kitchener standards. All work is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
. A servicing plan showing outlets to the municipal servicing system and proposed easements
will be required to the satisfaction of the Engineering Division prior to severance approval.
. As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and
Reconstruction As -Recorded Tracking Form is required to be filled out and submitted along with
a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with
the corresponding correct layer names and numbering system to the satisfaction of the
Engineering Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity
to the street sewers. If this is not the case, then the owner would have to pump the sewage via
a pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Operations Comments:
A cash -in -lieu of land park dedication is required on the severed parcel only, in the amount
$3,128 as a new development lot will be created as result of the proposed severance. Parkland
dedication is calculated at 5% of the per metre lineal frontage land value for the severed portion.
The Applicant is advised that there is a City
retained lot, which is to be protected from
accordance with By-law Chapter 690, Articles
require compensation to the City.
RECOMMENDATIONS:
owned tree within the Fifth Ave frontage of the
construction related damage and removal in
3 and 4. Removal of the City owned tree would
That Application A2018-069 requesting relief from Section 38.2.2 of the Zoning By-law to
permit a lot width of 6.8 metres for one semi-detached dwelling unit whereas the zoning
by-law requires a minimum lot width of 7.5 metres be approved.
That Application B2018-54 requesting consent to sever the subject property into two lots
be approved, subject to the following conditions:
A
1. That Minor Variance Application A2018-069 receive full and final approval;
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of the
City's Revenue Division;
3. That the owner shall enter into an agreement with the City of Kitchener to be
prepared by the City Solicitor and registered on title of the severed and retained
lands which shall include the following:
a) That prior to any grading or the application or issuance of a building permit, the
owner shall submit a plan, prepared by a qualified consultant, to the satisfaction
and approval of the City's Director of Planning showing:
(i) the proposed location of all buildings (including accessory buildings and
structures), decks and driveways;
(ii) the location of any existing buildings or structures to be removed or relocated;
(iii) the proposed grades and drainage;
(iv) the location of all trees to be preserved, removed or potentially impacted on or
adjacent to the subject lands, including notations of their size, species and
condition;
(v) justification for any trees to be removed;
(vi) outline tree protection measures for trees to be preserved; and
(vii) building elevation drawings.
(viii)That the approved elevation drawings shall be implanted as approved or be
substantively similar to the approved elevations as part of issuance of the
building permit.
4. The Owner ensures any boulevard tr
protected during construction to the
Planning. That prior to the issuance
satisfactory arrangements financial or
existing boulevard trees adjacent to th
City's Operations.
ees identified by the City for retention are
satisfaction of the City's Operations and
of a building permit, the Owner makes
otherwise for any relocation/removal of any
e subject property to the satisfaction of the
5. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $$3,128. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage land
value for the severed portion.
6. That the owner 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 one
full size paper copy of the plan(s). The digital file needs to be submitted according to
the City of Kitchener's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
N
7. That the Owner make financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the severed
and/or retained lands.
8. That the owner make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, and a paved driveway ramp, on the severed lands and retained.
9. That any new driveways be built to City of Kitchener standards at the Owner's expense
prior to occupancy of the building to the satisfaction of the City's Engineering Division.
10. That the Owner provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
11. That the Owner 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.
12. That the Owner provides Engineering staff with confirmation that the basement
elevation 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.
13. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
Craig Dumart, BES, MCIP, RPP
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
7
Region of Waterloo
File No. D20-20/18 KIT
July 9, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
B 2018-044
43 Barclay Ave
Miroslav Orasanin
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications
B2018-044 through B2018-047, B2018-051 through
B2018-054
Committee of Adjustment Hearing July 17, 2018
CITY OF KITCHENER
The applicant is proposing a lot severance to create a new residential lot.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
There are no Regional concerns to the above application. However, the owners of the
severed and retained lots are advised that the subject lands are located close to the
Waterloo International Airport runaway approach surface and therefore occupants may
be exposed to the presence and noise from flying aircraft.
Document Number: 2769250 Version: 1
Regional staff has no objection to the 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.
B 2018-045 and B 2018-046
603 Lancaster St W and 605 Lancaster St W
Ajit Arora / Ken Wilson, Stonebridge Guitars International Inc.
Application B 2018-045 is proposing to grant an easement along the westerly property
line, in favour of the property municipally addressed as 605 Lancaster Street West for
access.
Application B 2018-046 is proposing to grant an easement along the easterly property
line, in favour of the property municipally addressed as 603 Lancaster Street West for
access.
Corridor Planning:
Regional Road Dedication
There is no dedicated road widening required for the above applications, keeping in
view the existing buildings and porches on the subject properties. However, owners of
subject properties (203 and 205 Lancaster Street West) are advised that a future
redevelopment application on these lands would require a dedicated road widening of
approximately 3.96 metres depth along the entire property frontage to comply with the
designated road width of 20.117 metres for Lancaster Street West (RR #29). The road
dedication would be required free of any encumbrances and at the owner's cost.
Access Permit
The existing accesses on the subject properties is functioning as a mutual shared
access as confirmed by both property owners in separate letters to the City of
Kitchener, as provided in the above applications. Therefore, the owners will be required
to apply for a mutual shared Access Permit. No application fee will be required for the
access permit. The access permit is application is available at:
https://www.regionofwaterloo.ca/en/resources/Access Permit-access.pdf
Regional staff has no objection to the application subject to the following
conditions:
1) That prior to final approval the applicant obtain a mutual shared Access Permit
for the subject properties to the satisfaction of the Region of Waterloo.
Document Number: 2769250 Version: 1
B 2018-047
239 Wellington St W
Mary Cikic
The applicant is proposing to create a new lot intended for the construction of residential
duplexes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained residential lots will be impacted from road noise due to
increased traffic on Wellington Street. Additionally, these lands are in proximity of
Metrolinx / Region of Waterloo railway mainlines.
The applicant is required to enter into a registered agreement with the Region of
Waterloo to include the following noise attenuation measures) and noise warning
clauses in all offers of purchase/sale or rental agreements for the residential units on
the severed and retained lots:
a) The residential dwellings will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to increasing road
traffic on Wellington Street North; and rail noise from Metrolinx / Region of
Waterloo railway may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment, Conservation and Parks (MOECP).
This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Waterloo Region and the Environment, Conservation and Parks
(MOECP)".
"Metrolinx / Region of Waterloo or their assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject thereof. There
Document Number: 2769250 Version: 1
may be alterations to or expansions of the railway facilities on such rights-of-way
in the future including the possibility that the railway or its assigns or successors
as aforesaid may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the inclusion of any
noise and vibration attenuating measures in the design of the development and
individual dwelling(s). Metrolinx / Region of Waterloo will not be responsible for
any complaints or claims arising from use of such facilities and/or operations on,
over or under the aforesaid rights-of-way"
Regional staff has no objection to the 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 enters into a registered development
agreement with the Region of Waterloo to include the following noise attenuation
measures and noise warning clauses in all offers of purchase/sale or rental
agreements for the residential units for both the severed and retained lots:
a. The residential dwellings will be fitted with forced air -ducted heating
system suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic on Wellington Street North; and rail noise
from Metrolinx / Region of Waterloo railway may occasionally
interfere with some activities of the dwelling occupants as the
sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment, Conservation and
Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
"Metrolinx / Region of Waterloo or their assigns or successors in
interest has or have a rights-of-way within 300 metres from the land
Document Number: 2769250 Version: 1
the subject thereof. There may be alterations to or expansions of
the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). Metrolinx /
Region of Waterloo will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over
or under the aforesaid rights-of-way"
B 2018-051
304 Park St
Michael Prediville
The applicant is proposing to create a new lot for residential purposes.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained lands will be impacted from rail noise from the Goderich
Exeter Railway (G. Ex. R.) mainlines.
The applicant is required to enter into a registered agreement with the City of Kitchener
to include the following noise attenuation measures and noise warning clauses in all
offers of purchase/sale or rental agreements for the residential units on the severed and
retained lots:
a) The residential dwelling on severed lot will be fitted with forced air -ducted heating
system suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements for both, severed and retained lots:
1) "The purchasers / tenants are advised that sound levels due to increasing
rail noise from Goderich Exeter Railway mainline may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry
of the Environment, Conservation and Parks (MOECP). This dwelling has
been fitted with a forced air -ducted heating system and has been
Document Number: 2769250 Version: 1
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 Waterloo Region and the
Environment, Conservation and Parks (MOECP)".
2) "Goderich Exeter Railway or their assigns or successors in interest has or
have a rights-of-way within 300 metres from the land the subject thereof.
There may be alterations to or expansions of the railway facilities on such
rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s).
Goderich Exeter Railway will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
Regional staff has no objection to the 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 enters into a registered agreement with
the City of Kitchener to include the following noise attenuation measures and
noise warning clauses in all offers of purchase/sale or rental agreements for the
residential units on the severed and retained lots:
a. The residential dwelling on severed lot will be fitted with forced air -ducted
heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements for both, severed and retained
lots:
"The purchasers / tenants are advised that sound levels due to
increasing rail noise from Goderich Exeter Railway mainline may
occasionally interfere with some activities of the dwelling occupants
as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment, Conservation
Document Number: 2769250 Version: 1
and Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
ii. "Goderich Exeter Railway or their assigns or successors in interest
has or have a rights-of-way within 300 metres from the land the
subject thereof. There may be alterations to or expansions of the
railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). Goderich
Exeter Railway will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or
under the aforesaid rights-of-way"
B 2018-052
101 Mount Hope St
Mohammad Abdullah c/o JEC Properties Inc.
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the 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.
Document Number: 2769250 Version: 1
B 2018-053
105 Mount Hope St
Mohammad Abdullah c/o JEC Properties Inc.
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Regional staff has no objection to the 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.
B 2018-054
44 Fifth Ave
Goran and Milena Gligorovic
The applicant is proposing to sever a parcel of land so each half of a semi-detached
residential development can be dealt with separately.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained lots will be impacted from road noise due to proximity to
Highway 7/8 and Kingsway Drive.
The applicant is required to enter into a registered agreement with the City of Kitchener
to include the following noise attenuation measures and noise warning clauses in all
offers of purchase/sale or rental agreements for the residential units on the severed and
retained lots:
a) The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 2769250 Version: 1
"The purchasers /tenants are advised that sound levels due to increasing road
traffic Highway 7/8 and Kingsway Drive may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the sound
level limits of the Waterloo Region and the Ministry of the Environment,
Conservation and Parks (MOECP). This dwelling has been fitted with a forced
air -ducted heating system and has been designed with the provision of adding
central air conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will allow
windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Waterloo Region and the
Environment, Conservation and Parks (MOECP)".
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the 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 enters into a development agreement
with the City of Kitchener to include the following noise attenuation measures and
noise warning clauses in all offers of purchase/sale or rental agreements for the
residential units for both the severed and retained lots:
a. The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air
conditioning in future, at the occupant's discretion.
b. The following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
i. "The purchasers / tenants are advised that sound levels due to
increasing road traffic Highway 7/8 and Kingsway Drive may
occasionally interfere with some activities of the dwelling occupants
Document Number: 2769250 Version: 1
as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment, Conservation
and Parks (MOECP). This dwelling has been fitted with a forced air -
ducted heating system and has been designed with the provision of
adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and
the Environment, Conservation and Parks (MOECP)".
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above.
Should you require Regional Staff to be in attendance at the meeting or have any
questions, please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley
Planner
Document Number: 2769250 Version: 1
Region of Waterloo
July 04, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(5) /VAR KIT, 8141362 Ontario Inc.
(8) /VAR KIT, Michael Prendiville
(11) /VAR KIT, Goran and Milena Gligorovic
Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 901 Pebblecreek Court (A 2018-057): No concerns.
2. 352 Maple Avenue (A 2018-058): No concerns.
3. 39 Susan Crescent (A 2018-059): No concerns.
4. 6 Waterwillow Court (A 2018-060): No concerns.
5. 1 Adam Street (A 2018-061): No concerns.
6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns.
7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns.
8. 304 Park Street (A 2018-064): No concerns.
9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns.
10.105 Mt. Hope (A 2018-067 & A 2018-068): No concerns.
11. 44 Fifth Avenue (A 2018-069): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Document Number: 2769561
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
July 5, 2018
YOUR FILE: See below
Applications for Minor Variance:
A 2018-057
901 Pebblecreek Court
A 2018-058
352 Maple Avenue
A 2018-059
39 Susan Crescent
A 2018-060
6 Waterwillow Court
A 2018-061
1 Adam Street
A 2018-063
Doonwoods Crescent
A 2018-064
304 Park Street
A 2018-065
101 Mount Hope Street
A 2018-066
101 Mount Hope Street
A 2018-067
105 Mount Hope Street
A 2018-068
105 Mount Hope Street
A 2018-069
44 Fifth Avenue
Applications for Consent:
B 2018-044
43 Barclay Avenue
B 2018-047
239 Wellington Street North
B 2018-048
Weichel Street at Victoria Street South
B 2018-049
Weichel Street at Victoria Street South
B 2018-050
Weichel Street at Victoria Street South
B 2018-051
304 Park Street
B 2018-052
101 Mount Hope Street
B 2018-053
105 Mount Hope Street
B 2018-054
44 Fifth Avenue
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.