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HomeMy WebLinkAboutCA - 2018-07-17COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:03 a.m. Present: Mr. D. Cybalski, Chair Ms. J. Meader Mr. B. McColl Officials: Ms. J. von Westerholt, Senior Planner Ms. D. Seller, Traffic Planning Analyst Mr. G. Stevenson, Planner Ms. D. Saunderson, Secretary -Treasurer Ms. S. Delany, Administrative Clerk MINUTES Moved by Mr. B. McColl Seconded by Ms. J. Meader That the regular minutes of the Committee of Adjustment meeting held June 19, 2017, as circulated to the members, be accepted. Carried APPOINTMENT OF ACTING SECRETARY -TREASURER Moved by Mr. B. McColl Seconded by Ms. J. Meader That Ms. J. Rodrigues be appointed as Acting Secretary -Treasurer of the Committee of Adjustment. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2018-057 Applicant: Alvin Pooran Property Location: 901 Pebblecreek Court Legal Description: Lot 74, Registered Plan 58M-448 Appearances: In Support: A. D. and C. Pooran Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -18-057 dated July 9, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated July 4, 2018, advising they have no concerns with this application. Messrs. A., D. and C. Pooran were in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -182- CITY OF KITCHENER Submission No.: A 2018-057 (Cont'd In response to questions, Ms. J. von Westerholt advised she was unsure of the existing side yard setback for the rear of the dwelling adjacent to the neighbouring property. She stated any required minor variance would be for the closet portion of the building, which would be located 1.3m from the lot line. Ms. J. Meader stated she had concerns with approving the subject application without clarity for the proposed side yard setback for the addition in proximity to the neighbouring property. Mr. B. McColl noted the dimensions on the plan submitted with the application, stating it appeared the side yard setback for the addition would be 2.7m. A motion was brought forward by Mr. B. McColl to approve the application as outlined in the staff report, including an amendment to confirm the northerly side yard setback for the proposed addition is 2.7m. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ALVIN POORAN requesting permission to construct an addition in the rear yard of an existing single detached dwelling with a northerly side yard setback of 2.7m, 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, on Lot 74, Registered Plan 58M-448, 901 Pebblecreek Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a building permit from the Building Division for the proposed addition to the single detached dwelling. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 2. Submission No.: A 2018-058 Applicant: 2242907 Ontario Inc. Property Location: 352 Maple Avenue Legal Description: Part Lot 117, Registered Plan 666, Part Lot'F', Registered Plan 40 Appearances: In Support: J. Witmer Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -183- CITY OF KITCHENER 2. Submission No.: A 2018-058 (Cont'd) The Committee considered Development Services Department report DSD -18-058 dated July 10, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated July 4, 2018, advising they have no concerns with this application. Mr. J. Witmer was in attendance in support of the subject application and staff recommendation. He stated the subject property was subject to a severance application, which caused the current side yard to become a rear yard for the subject property. He indicated the variance was not identified at the time of the severance process, stating the property owner intends to redevelop the site in the upcoming year and requires the existing rear yard setback to be recognized. He further advised the property will be subject to Site Plan approval, which will be applied for at the time of redevelopment. Mr. Witmer noted a stormwater facility currently exists at the centre of the property which is impacting their ability to develop portions of the site, requiring the variance for the rear yard setback. Ms. J. Meader expressed concerns with approving a variance for the rear yard setback if the applicant has not yet applied for Site Plan approval, stating in her opinion the application is pre- mature. Ms. J. von Westerholt advised the property is subject to Site Plan approval and although the full scope of the redevelopment has not been fully established this date, the Site Plan process would be guided by the Committee's decision this date. She further advised if additional variances were identified following Site Plan approval, the applicant would be required to apply to the Committee at that time. A motion was brought forward by Ms. J. Meader to defer the subject application until the applicant has begun the Site Plan approval process, which failed to receive a seconder. Mr. B. McColl brought forward a motion to approve the subject application as outlined in the staff report, which was seconded by Mr. D. Cybalski. Ms. J. Meader voted in opposition. Moved by Mr. B. McColl Seconded by Mr. D. Cybalski That the application of 2242907 ONTARIO INC. requesting permission to construct a new building on the subject property having a rear yard setback of 3m rather than the required 7.5m, on Part Lot 117, Registered Plan 666, Part Lot 'F', Registered Plan 40, 352 Maple Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the Building Division prior to any construction. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -184- CITY OF KITCHENER 3. Submission No.: A 2018-059 Applicant: Anita Khandelwal Property Location: 39 Susan Crescent Legal Description: Lot 25, Plan 1787 Appearances: In Support: A. Khandelwal Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -18-059 dated July 6, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated July 4, 2018, advising they have no concerns with this application. Ms. A. Khandelwal was in attendance in support of the subject application and staff recommendation. The Chair noted comments outlined in the staff report regarding encroachments onto City property. In response to questions, Ms. Khandelwal stated she was aware of the encroachments indicated in the Report, specifically noting a shed and play set, advising they would be removed as per the recommended condition outlined in the staff report. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ANITA KHANDELWAL requesting 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, on Lot 25, Plan 1787, 39 Susan Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the City's Building Division for the proposed addition by April 1, 2019. 2. That the owner shall remove their effects from the lands located east of the subject property prior to the issuance of a building permit, or the variance shall become null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -185- CITY OF KITCHENER 4. Submission No.: A 2018-060 Applicants: Branko and Mirjana Sorgic Property Location: 6 Waterwillow Court Legal Description: Part Block 1, Plan 1822, beinq Part 6 on Reference Plan 58R-9950 Appearances: In Support: B. Ivanovic M. and D. Sorgic Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -18-060 dated July 6, 2018, recommending refusal approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated July 4, 2018, advising they have no concerns with this application. A clerical error was identified in the Notice of Hearing; it has since been confirmed the property is located on a Court rather than a Crescent. Ms. B. Ivanovic was in attendance in support of the subject application and questioned whether the recommendation was the final decision regarding the requested variance, noting one of the variances had been recommended for refusal. The Chair noted the staff report is a recommendation and it would be up to the Committee to make a final decision regarding the requested variances. In response to questions, Ms. J. von Westerholt advised staff have recommended refusal of the requested rear yard setback as it was the Planner's opinion the proposed two-storey addition was overbuild for the subject property and may have adverse impacts on the neighbouring property owners. She further advised the photo included with the staff report demonstrates how much of the rear yard would be available for outdoor amenity space, which would be minimal. Ms. von Westerholt stated she is aware the applicant is planning to duplex the property, which is permitted within the Zoning By-law. She stated the Planner reviewing the file may have had a different recommendation if a 1 -storey addition was being proposed; however, she was unclear if that would meet the needs of the applicant. She further advised the proposed addition would also have significant impact on the properties' outdoor amenity space. Mr. B. McColl stated the neighbours were advised of the subject application, noting no one was in attendance in opposition to the request this date. He added in his opinion, he had no objection to the requested rear yard variance, outlined as Variance 1 in the staff report. In response to questions, Ms. von Westerholt advised Variances 2-5 outlined in the staff report are requesting legalization of an existing condition. Mr. B. McColl requested, and it was agreed, that Variance 1 would be voted on separately. A motion was brought forward by Mr. B. McColl, seconded by Ms. J. Meader to approve Variances 2-5 as outlined in the staff report, which was voted on and Carried. Mr. B. McColl brought forward a motion to approve Variance 1, regarding the minor variance request for the rear yard setback, which failed to receive a seconder. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -186- CITY OF KITCHENER Submission No.: A 2018-060 (Cont'd Ms. J. Meader brought forward a motion to refuse Variance 1 as outlined in the staff report, which was seconded by Mr. D. Cybalski, which was voted on and Carried. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of BRANKO and MIRJANA SORGIC requesting permission to construct an addition in the rear yard of a single detached dwelling to convert the dwelling into a duplex, having 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, on Part Block 1, Plan 1822, being Part 6 on Reference Plan 58R- 9950, 6 Waterwillow Court, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Moved by Ms. J. Meader Seconded by Mr. D. Cybalski That the application of BRANKO and MIRJANA SORGIC requesting 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, on Part Block 1, Plan 1822, being Part 6 on Reference Plan 58R-9950, 6 Waterwillow Court, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: The variance requested in this application is not minor. 2. This application is not desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is not being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -187- CITY OF KITCHENER 5. Submission No.: A 2018-061 Applicant: Queensgate Developments (Kitchener) Inc. Property Location: 1 Adam Street Legal Description: Block 4, Registered Plan 58M-561 Appearances: In Support: K. Muir Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -18-061 dated July 6, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated July 4, 2018, advising they have no concerns with this application. Mr. K. Muir provided a brief overview of the subject application, stating he was in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of QUEENSGATE DEVELOPMENTS (KITCHENER) INC. requesting 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, on Block 4, Registered Plan 58M-561, 1 Adam Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 6. Submission No.: A 2018-062 Applicant: JHS Properties Inc. Property Location: 330 Joseph Schoerg Crescent Legal Description: Lot 1, Registered Plan 58M-463 Appearances: In Support: T. Bocchino Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -188- CITY OF KITCHENER 6. Submission No.: A 2018-062 (Cont'd) The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -18-02 dated July 6, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated July 4, 2018, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated July 5, 2018, advising although they have no objections to this application, they noted the majority of the subject property is regulated due by the GRCA due to slope hazards, the floodplain of the Grand River and the associated allowances around these features. They stated 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. Mr. T. Bocchino was in attendance in support of the subject application and staff recommendation. The Chair noted the comments from the GRCA and requested their condition be included in the Committee's decision this date. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of JHS PROPERTIES INC. requesting 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, on Lot 1, Registered Plan 58M-463, 330 Joseph Schoerg Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit for the proposed addition. 2. That the owner shall ensure the proposed addition shall be in compliance with Heritage Permit Application HPA 2017 -IV -22. 3. That the owner shall ensure 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. 4. That the owner shall obtain approval from the Grand River Conservation Authority (GRCA) prior to construction. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -189- CITY OF KITCHENER 7. Submission No.: A 2018-063 Applicant: Hallman Construction Limited Property Location: Doonwoods Crescent Legal Description: Part of Lot 2, Beasley's New Survey Appearances: In Support: P. Britton Contra: None Written Submissions: None The Committee was advised the applicant is 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. The Committee considered Development Services Department report DSD -18-063 dated July 11, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated July 4, 2018, advising they have no concerns with this application. Mr. P. Britton was in attendance in support of the subject application and staff recommendation. In response to questions, he stated City staff indicated they preferred the lots to be established prior to registration of the plan of subdivision. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of HALLMAN CONSTRUCTION LIMITED 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, on Part of Lot 2, Beasley's New Survey, Doonwoods Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried CONSENT APPLICATIONS: 1. Submission No.: B 2018-044 Applicant: Miroslav Orasanin Property Location: 43 Barclay Avenue Legal Description: Part Lots 302 to 306, Plan 230 Appearances: In Support: N. Orasanin COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 _190- CITY OF KITCHENER 1. Submission No.: B 2018-044 (Cont'd) Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width on South Drive of 12.51m, 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. The Committee considered Development Services Department report DSD -18-064 dated June 27, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2018, advising they have no objection to this application, subject to the following condition: 1. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Mr. N. Orasanin was in attendance in support of the subject application and staff recommendation. It was noted the reference to semi-detached dwellings in the staff recommendation was a clerical error. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MIROSLAV ORASANIN requesting permission to sever a parcel of land having a width on South Drive of 12.51m, a northerly depth of 21.726m and an area of 244.8 sq.m., on Part Lots 302 to 306, Plan 230, 43 Barclay Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $5,805.66. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 6. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES JULY 17. 2018 - 191 - CITY OF KITCHENER Me, Ll �eZVOIR31801914 Me, 11541 8. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 9. That the owner shall provide Engineering Services 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: 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. 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 shall ensure 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 shall make 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. 12. That the owner shall provide funds for a future concrete sidewalk for the severed lands only to the City's Engineering Services along the South Drive frontage. 13. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -192- CITY OF KITCHENER Submission No.: B 2018-044 (Cont'd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 17, 2020. Carried 2. Submission No.: B 2018-045 Applicant: Ajit Arora Property Location: 603 Lancaster Street West Legal Description: Part Lot 4, Registered Plan 577, Part Lot 59 German Company Tract -and - Submission No.: B 2018-046 Applicant: Stonebridge Guitars International Inc. Property Location: 605 Lancaster Street West Legal Description: Part Lot 4, Registered Plan 577, Part Lot 59, German Company Tract Appearances: In Support: K. Wilson Contra: None Written Submissions: None Regarding application B 2018-045, the Committee was advised the applicant is requesting 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. Regarding application B 2016-046, the Committee was advised the applicant is requesting 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. The Committee considered Development Services Department reports DSD -18-065 and DSD - 18 -066 dated July 9, 2018, recommending approval of these applications subject to the conditions outlined in the Reports. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2018, advising they have no objection to these applications, subject to the following condition: 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. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated July 5, 2018, advising although they have no objections to these applications they noted the majority of the lands are regulated due to the floodplain of Laurel Creek and the associated allowance around the floodplain. 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. Mr. K. Wilson provide a brief overview of the subject applications, noting he was in support of the staff recommendations. The Chair noted the comments from the GRCA and requested their condition be included as part of the Committees decision. He further advised the applicant may wish to address the existing encroachments identified in the staff report at a later date. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -193- CITY OF KITCHENER 2. Submission Nos.: B 2018-045 & B 2018-046 (Cont'd) Submission No.: B 2018-045 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of AJIT ARORA requesting 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, on Part Lot 4, Registered Plan 577, Part Lot 59 German Company Tract, 603 Lancaster Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall ensure 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 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); 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. 5. That the owner shall obtain a mutual shared Access Permit for the subject properties to the satisfaction of the Region of Waterloo. 6. That the owner shall make satisfactory arrangements with the Grand River Conservation Authority (GRCA) regarding the Planning Review Fee. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -194- CITY OF KITCHENER 2. Submission Nos.: B 2018-045 & B 2018-046 (Cont'd) Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 17, 2020. Carried Submission No.: B 2018-046 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of STONEBRIDGE GUITARS INTERNATIONAL INC. requesting 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, on Part Lot 4, Registered Plan 577, Part Lot 59, German Company Tract, 605 Lancaster Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall ensure 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 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); 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. 5. That the owner shall obtain a mutual shared Access Permit for the subject properties to the satisfaction of the Region of Waterloo. 6. That the owner shall make satisfactory arrangements with the Grand River Conservation Authority (GRCA) regarding the Planning Review Fee. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -195- CITY OF KITCHENER 2. Submission Nos.: B 2018-045 & B 2018-046 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 17, 2020. Carried 3. Submission No.: B 2018-047 Applicant: Mary Cikic Property Location: 239 Wellington Street North Legal Description: Lot 97, Registered Plan 376 Appearances: In Support: M. Cikic A. and J. Russell Contra: P. Lavery-Verkley Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -18-067 dated July 10, 2018, recommending approval of these applications subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2018, advising they have no objection to this application, subject to the following conditions: 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: COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -196- CITY OF KITCHENER 3. Submission No.: B 2018-047 (Cont'd) "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 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" Ms. M. Cikic was in attendance in support of the subject application and staff recommendation. She stated the application was previously approved by the Committee of Adjustment and the decision lapsed, which required reapplication to the Committee to complete the severance process. Ms. P. Lavery-Verkley was in attendance in opposition to the subject application. She advised she has safety concerns related to the proposed dwellings having driveway access onto Wellington Street North. She indicated it would be her preference that the properties only have access off the laneway located at the rear of the subject properties. In response to questions, Mr. D. Seller advised it would be Transportation Services preference to have street access from the front of the subject properties. Ms. Cikic advised it is her intention to have access and parking at the rear of the dwellings from the laneway, stating there will be a driveway leading to Wellington Street North for one off-street parking space. She indicated she has provided the City a Site Plan identifying access and parking and the Plan has received the City's approval. Questions were raised regarding the Site Plan; Mr. G. Stevenson advised he did not have a copy of the Plan available this date. He stated as approved in the previous decision, Condition 3 of the staff recommendation would require the applicant to receive approval of a Site Plan drawing and building elevations as part of the Consent approval process. Ms. J. Meader expressed concerns with approving the subject application, stating without reviewing the Site Plan as noted by the applicant, it is challenging for the Committee to address the concerns raised by the neighbouring property owner. She stated she would be inclined to support the staff recommendation as the approval is in keeping with the previous decision for the subject property. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of MARY CIKIC requesting 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., on Lot 97, Registered Plan 376, 239 Wellington Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES JULY 17. 2018 -197- CITY OF KITCHENER C�*V!6 1i1MMLl Me, it 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall submit 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 shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections and the removal of redundant services. 6. That the owner shall make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 7. That the owner shall provide a servicing plan 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 shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 9. That the owner shall provide Engineering Services 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: 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. 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. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -198- CITY OF KITCHENER 3. Submission No.: B 2018-047 (Cont'd) 11. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 12. That the owner shall enter 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: 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. 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 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" It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -199- CITY OF KITCHENER 3. Submission No.: B 2018-047 (Cont'd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 17, 2020. Carried COMBINED APPLICATIONS: 1. Submission Nos.: B 2018-048, B 2018-049 & B 2018-050 Applicant: 1917171 Ontario Inc. Property Location: Weichel Street Legal Description: Part Lot 4, Plan 793, being Part 6 on Reference Plan 58R-414 Appearances: In Support: S. Patterson Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Community Services Department report DSD -18-068 dated July 6, 2018, recommending deferral of these applications. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 6, 2018, advising they have no objection to these applications 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. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -200- CITY OF KITCHENER 1. Submission Nos.: B 2018-048, B 2018-049 & B 2018-050 (Cont'd) 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. Mr. S. Patterson was in attendance, noting he was in agreement with the staff recommendation to defer the subject applications. He stated the applications have been revised and are anticipated to be considered at the August 21, 2018 Committee of Adjustment meeting. 2. Submission Nos.: B 2018-051 & A 2018-064 Applicant: Michael Prendiville Property Location: 304 Park Street Legal Description: Part Lot 9, Registered Plan 387 Appearances: In Support: S. Patterson S. O'Neill Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Community Services Department report DSD -18-069 dated July 11, 2018, recommending approval of these applications subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2018, advising they have no objection to Application B 2018- 051, 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: COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -201- CITY OF KITCHENER 2. Submission Nos.: B 2018-051 & A 2018-064 (Cont'd) "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 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" The Committee considered the report of the Region of Waterloo, Transportation Planner dated July 4, 2018, advising they have no concerns with application A 2018-064. Mr. S. Patterson addressed the Committee in support of the subject applications. He requested an amendment to Condition 4a for Consent Application B 2018-052 as outlined in the staff report, stating in his opinion the requirement should only be subject to the new construction proposed for the severed land. In response to questions, Mr. Patterson advised the shed in the rear yard of the existing dwelling was intended to be removed. Ms. J. von Westerholt advised she was unsure of the Building Code Act with regards to the subject property, stating Condition 4a is being requested as a matter of safety and she would be hesitant to amend the recommended condition. It was agreed that the proposed conditions should not be onerous for the applicant to fulfill. Submission No.: B 2018-051 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MICHAEL PRENDIVILLE requesting 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., on Part Lot 9, Registered Plan 387, 304 Park Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall ensure the existing detached garage be demolished to the satisfaction of the City's Chief Building Official. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -202- CITY OF KITCHENER 2. Submission Nos.: B 2018-051 & A 2018-064 (Cont'd) 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. That the owner shall obtain a building permit for any remedial work/upgrades required by the building code assessment. 5. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services 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 shall make arrangements financial or otherwise for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 7. That the owner shall provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of Engineering Services, showing outlets to the municipal servicing system, together with any required easements. 8. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 9. That Minor Variance Application A 2018-064 shall receive final approval. 10. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $5888.92. 11. 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: i. 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; ii. A Grading Plan showing the proposed grades and drainage; and, iii. 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; and further, iv. 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." 12. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -203- CITY OF KITCHENER 2. Submission Nos.: B 2018-051 & A 2018-064 (Cont'd) 13. That the owner shall 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: 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. 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 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)". "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" It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 17, 2020. Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -204- CITY OF KITCHENER 2. Submission Nos.: B 2018-051 & A 2018-064 (Cont'd) Submission No.: A 2018-064 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MICHAEL PRENDIVILLE requesting permission for the existing dwelling on the retained land as outlined in Consent Application B 2018-051 to have a rear yard setback of 4.995m rather than the required 7.5m; a driveway width of 2.4m rather than the required 2.6m; and, and a westerly side yard setback of 2.4m where a driveway leading to a required parking space is situated between the main building and the side lot line rather than the required 3m; on Part Lot 9, Registered Plan 387, 304 Park Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 3. Submission Nos.: B 2018-052, A 2018-065 & A 2018-066 Applicant: JEC Properties Inc. Property Location: 101 Mt. Hope Street Legal Description: Lot 10 & Part Lot 11, Plan 287 -and - Submission Nos.: B 2018-053, A 2018-067 & A 2018-068 Applicant: JEC Properties Inc. Property Location: 105 Mt. Hope Street Legal Description: Lot 9, Plan 287 Appearances: In Support: S. Cechovsky M. Abdullah Contra: None Written Submissions: I. and L. McDonald Regarding Applications B 2018-052, A 2018-065 & A 2016-066, the Committee was advised the applicant is requesting 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. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -205- CITY OF KITCHENER 3. Submission Nos.: B 2018-052, A 2018-065 & A 2018-066 and B 2018-053, A 2018-067 & A 2018-068 (Cont'd) Regarding Applications B 2018-053, A 2018-067 & A 2018-068, the Committee was advised the applicant is requesting 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. The Committee considered Community Services Department reports DSD -18-070 and DSD -18- 071 dated July 5, 2018, recommending approval of these applications subject to the conditions outlined in the Reports. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2018, advising they have no objection to applications B 2018- 052 and B 2018-053, subject to the following condition: 1. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $700.00. The Committee considered the report of the Region of Waterloo, Transportation Planner dated July 4, 2018, advising they have no concerns with applications A 2018-065 and A 2018-066. The Committee considered a written submission on behalf of neighbouring property owners in opposition of the subject application. Mr. S. Cechovsky provided an overview of the subject applications, noting he was in support of the staff recommendation. Mr. B. McColl noted the written submission from neighbouring property owners, specifically requesting a fence be installed at the rear of the subject property. In response to questions, Mr. Cechovsky circulated photos of the rear of the property demonstrating an existing chain link fence, a row of cedar trees and a number of large mature trees that provide a visual barrier between the subject properties and the properties that back onto them. He stated a tree has already been removed at the neighbours request that was a significant expense. He stated he does not wish to remove and replace the existing chain link fence if that was not required. Questions were raised on whether a condition could be included as part of the Committee's decision to impose the installation of a fence. Ms. J. von Westerholt stated in her opinion, she did not believe it was in the Committee's authority to request a condition of that nature. Ms. J. Meader stated if it was the Committee's will to impose a condition requiring a fence it would be permissible; however, it was her opinion it was not required. Submission No.: B 2018-052 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of JEC PROPERTIES INC. requesting permission to sever a parcel of land having a width of 7.6m, a depth of 27.432m and an area of 209.1 sq. m., on Lot 10 & Part Lot 11, Plan 287, 101 Mt. Hope Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -206- CITY OF KITCHENER 3. Submission Nos.: B 2018-052, A 2018-065 & A 2018-066 and B 2018-053, A 2018-067 & A 2018-068 (Cont'd) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed to the satisfaction of the Director of Operations. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the (severed lands and/or retained) lands. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the (severed lands and/or retained) lands. 6. That the owner shall 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 Engineering Services prior to severance approval. 8. That the owner shall receive approval for building elevation drawings to the satisfaction of the Director of Planning. 9. That the owner shall obtain 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. 10. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -207- CITY OF KITCHENER 3. Submission Nos.: B 2018-052, A 2018-065 & A 2018-066 and B 2018-053, A 2018-067 & A 2018-068 (Cont'd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 17, 2020. Carried Submission No.: A 2018-065 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of JEC PROPERTIES INC. requesting permission for the severed land identified in Consent Application B 2018-052 proposed to be developed with a semi-detached dwelling to have 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 permitted building height of 10.5m, on Lot 10 & Part Lot 11, Plan 287, 101 Mt. Hope Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That Consent Applications B 2018-052 and B 2018-053 are approved. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-066 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of JEC PROPERTIES INC. requesting permission for the retained land identified in Consent Application B 2018-052 proposed to be developed with a semi-detached dwelling to have 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 permitted building height of 10.5m, on Lot 10 & Part Lot 11, Plan 287, 101 Mt. Hope Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That Consent Applications B 2018-052 and B 2018-053 are approved. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES JULY 17. 2018 -208- CITY OF KITCHENER 3. Submission Nos.: B 2018-052, A 2018-065 & A 2018-066 and B 2018-053, A 2018-067 & A 2018-068 (Cont'd) Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: B 2018-053 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of JEC PROPERTIES INC. requesting permission to sever a parcel of land having a width of 7.6m, a depth of 27.432m and an area of 209.1 sq.m., on Lot 9, Plan 287, 105 Mt. Hope Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed to the satisfaction of the Director of Operations. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the (severed lands and/or retained) lands. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the (severed lands and/or retained) lands. 6. That the owner shall 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 Engineering Services prior to severance approval. 8. That the owner shall receive approval for building elevation drawings to the satisfaction of the Director of Planning. 9. That the owner shall obtain 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. 10. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -209- CITY OF KITCHENER 3. Submission Nos.: B 2018-052, A 2018-065 & A 2018-066 and B 2018-053, A 2018-067 & A 2018-068 (Cont'd) It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 17, 2020. Carried Submission No.: A 2018-067 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of JEC PROPERTIES INC. requesting permission for the severed land identified in Consent Application B 2018-053 proposed to contain a semi-detached dwelling to have 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 permitted building height of 10.5m, on Lot 9, Plan 287, 105 Mt. Hope Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That Consent Applications B 2018-052 and B 2018-053 are approved. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -210- CITY OF KITCHENER 3. Submission Nos.: B 2018-052, A 2018-065 & A 2018-066 and B 2018-053, A 2018-067 & A 2018-068 (Cont'd) Submission No.: A 2018-068 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of JEC PROPERTIES INC. requesting permission for the retained land identified in Consent Application B 2018-053 proposed to contain a semi-detached dwelling to have 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 permitted building height of 10.5m, on Lot 9, Plan 287, 105 Mt. Hope Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That Consent Applications B 2018-052 and B 2018-053 are approved. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 4. Submission Nos.: B 2018-054 & A 2018-069 Applicants: Goran and Milena Gligorovic Property Location: 44 Fifth Avenue Legal Description: Part Lots 118 & 119, Plan 254 Appearances: In Support: G. Gligorovic B. Jokanovic Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Community Services Department report DSD -18-072 dated April 10, 2018, recommending approval of these applications subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2018, advising they have no objection to application B 2018- 054, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -211- CITY OF KITCHENER Submission Nos.: B 2018-054 & A 2018-069 (Cont'd) 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: "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)". The Committee considered the report of the Region of Waterloo, Transportation Planner dated July 4, 2018, advising they have no concerns with application A 2018-069. Mr. B. Jokanovic addressed the Committee in support of the subject applications and staff recommendations. In response to questions, Mr. Jokanovic advised he did not anticipate requiring any additional variances other than the lot width being requested this date. The Chair noted the comments from the Region of Waterloo and requested the conditions be included in the Committee's decision. Submission No.: B 2018-054 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of GORAN and MILENA GLIGOROVIC requesting permission to sever a parcel of land having a width of 6.8m, a depth of 40.2m and an area of 273.4 sq.m., on Part Lots 118 & 119, Plan 254, 44 Fifth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That Minor Variance Application A 2018-069 shall receive full and final approval. COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -212- CITY OF KITCHENER 4. Submission Nos.: B 2018-054 & A 2018-069 (Cont'd) 4. 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: 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; and further, 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. 5. That the owner shall ensure 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. 6. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,128. 7. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 8. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and retained. 9. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 10. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 11. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES JULY 17. 2018 -213- CITY OF KITCHENER 4. Submission Nos.: B 2018-054 & A 2018-069 (Cont'd) 12. That the owner shall provide Engineering Services 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 the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 14 That the owner shall enter 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 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)" It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 17, 2020. Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 17, 2018 -214- CITY OF KITCHENER Submission Nos.: B 2018-054 & A 2018-069 (Cont'd Submission No.: A 2018-069 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of GORAN and MILENA GLIGOROVIC requesting permission for the severed lot identified in Consent Application B 2018-054 proposed for a semi-detached dwelling to have a lot width of 6.8m rather than the required 7.5m, on Part Lots 118 & 119, Plan 254, 44 Fifth Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Fil0_1001NLl LVA l:ILl111 On motion, the meeting adjourned at 11:15 a.m. Dated at the City of Kitchener this 17th day of July, 2018 Dianna Saunderson Secretary -Treasurer Committee of Adjustment