HomeMy WebLinkAboutCA Agenda - 2018-09-18THE CITY OF KITCHENER Kitchener City Hall
COMMITTEE OF ADJUSTMENT 200 King St w
NOTICE OF HEARING Box 1118
Kitchener ON N2G 4G7
Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594
As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca
TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY,
September 18, 2018, commencing at 10:00 a.m., in the Council Chamber, 2nd Floor, Kitchener City
Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor
Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You
have received this notice pertaining to the application number referenced on the front of your
envelope as a courtesy. Anyone having an interest in any of these applications may attend this
meeting. Please note this meeting is open to the public and may be recorded.
Copies of written submissions and public agencies' comments are available on Friday afternoon prior to
the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using the
calendar of events, see the meeting date for more details.
APPLICATIONS FOR MINOR VARIANCE — CHAPTERS 680 (SIGNS) & 630 (FENCES) OF THE
MUNICIPAL CODE
The recommendations of the Committee of Adjustment on Minor Variances to Chapters 680 (Signs) and 630 (Fences) of the
Municipal Code will be forwarded to City Council for final approval.
SG 2018-009 - 236 Mill Street
Permission to install a ground -supported sign that will be accessory to a use partially located in a CR -1 Zone
and considered legal non -conforming in that Zone; and, to permit the sign to have automatic changing copy
located 25.8m from a Residential Zone rather than the required 100m.
APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT
A 2018-095 - 1110 New Dundee Road
Permission to construct a detached garage in the rear yard of an existing single detached dwelling having a
rear yard setback of 1.2m rather than the required 10m; to have an easterly side yard setback of 1.2m rather
than the required 7.5m; and, to have a driveway width of 20.7m rather than the permitted maximum driveway
width of 8m.
A 2018-096 - 904 Magdalena Court
Permission to construct a covered porch in the rear yard of an existing single detached dwelling having a
rear yard setback of 4.85m rather than the required 7.5m.
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Permission to convert a single detached dwelling into a duplex having the required off-street parking space
located 5.48m from the lot line rather than the required 6m.
A 2018-098 - 6 Waterwillow Court
Permission to construct an addition in the rear yard of an existing single detached dwelling, having a rear
yard setback of 5m rather than the required 7.5m; and, to have a side yard abutting Waterwillow Court of 3m
rather than the required 4.5m.
Page 1 of 8
A 2018-099 - 161 Victoria Street South
Permission to convert an existing legal non -conforming duplex into a mixed use, commercial/residential
dwelling, having a Floor Space Ratio (FSR) of 0.4, whereas the By-law requires a minimum FSR of 0.6; a
Driveway Visibility Triangle (DVT) of 3m by 4.5m rather than the required 4.57m by 4.57m; having a facade
height of 3.9m whereas the By-law requires a minimum facade height of 6m; and, to permit a health clinic
with 5 off-street parking spaces rather than the required 6 off-street parking spaces.
A 2018-100 - 6 Southdale Avenue
Permission construct an 8 -unit 3 -storey multi -residential dwelling having an easterly side yard setback of
1.9m rather than the required 2.5m.
A 2018-101 - 264 Lawerence Avenue
Legalization of an existing Office/Employment building having 5 off-street parking spaces rather than the
required 6 off-street parking spaces.
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Permission to construct an addition in the rear yard of an existing single detached dwelling having a rear
yard setback of 6.724m rather than the required 7.5m; and, a driveway having a width of 8.7m whereas the
By-law permits a maximum width of 8m.
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Permission to construct a multi -residential development having a front yard setback along Elmsdale Drive of
3.6m rather than the required 4.5m.
A 2018-104 - 387 King Street East
Permission to construct a mixed use (commercial office and residential) development having a front yard
setback of 0.675m along King Street East rather than the required 0.75m; having off-street parking located
3.2m from the lot line abutting Cedar Street rather than the required 4.5m; having a westerly side yard
setback of Om rather than the required 1.2m; having a maximum building height of 25.9m whereas the By-
law permits a maximum building height of 16.5m; having an encroachment into the Driveway Visibility
Triangle (DVT) along Cedar Street whereas the By-law does not permit encroachments into the DVT; having
105 off-street parking spaces rather than the required 152 off-street parking spaces; and, a food store having
a gross floor area greater than 1,000 sq.m. located within a building having 1,151 sq.m. of office, whereas
the By-law requires any food store to be located within a multiple dwelling or mixed commercial residential
building containing a minimum of 20 -units or building containing a minimum of 4,700 sq.m. of gross area
design for office.
A 2018-105 - 59 Claremont Avenue
Permission to construct a single detached dwelling having the required off-street parking to be located 5.55m
from the street line along Earl Street rather than the required 6m; and, to allow a canopy to be supported by
the ground whereas the By-law does not permit a canopy to be supported by the ground.
B 2018-063 - 242 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 246 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
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Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 242 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
Page 2 of 8
B 2018-065 - 234 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 238 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-066 - 230 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 234 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-067 - 226 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 230 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-068 - 222 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 226 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-069 - 218 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 222 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-070 - 214 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 218 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-071 - 210 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 214 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-072 - 282 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 286 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-073 - 278 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 282 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-074 - 274 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 278 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
Page 3 of 8
B 2018-075 - 270 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 274 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-076 - 266 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 270 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-077 - 262 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 266 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-078 - 258 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 262 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-079 - 254 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 258 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-080 - 250 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 254 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-081 - 246 Rivertrail Avenue
Permission to grant an easement having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq.m. in
favour of 250 Rivertrail Avenue for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-082 - 125 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 121 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-083 - 129 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 125 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-084 - 133 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 129 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
Page 4 of 8
B 2018-085 - 137 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 133 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-086 - 141 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 137 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-087 - 145 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 141 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-088 - 149 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 145 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-089 - 153 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 149 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-090 - 157 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 153 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-091 - 161 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 157 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-092 - 165 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 161 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-093 - 169 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 165 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-094 - 173 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28.35m and an area of 42.5 sq.m. in
favour of 169 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
Page 5 of 8
B 2018-095 - 177 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 29.09m and an area of 43.6 sq.m. in
favour of 173 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-096 - 181 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 30.25m and an area of 45.38 sq.m. in
favour of 177 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-097 - 45 Valleybrook Drive
Permission to grant an easement having a width of 1.5m, a depth of 28.5m and an area of 42.8 sq.m. in
favour of 41 Valleybrook Drive for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-098 - 49 Valleybrook Drive
Permission to grant an easement having a width of 1.5m, a depth of 29.86m and an area of 44.8 sq.m. in
favour of 45 Valleybrook Drive for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-099 - 53 Valleybrook Drive
Permission to grant an easement having a width of 1.5m, a depth of 30.89m and an area of 46.3 sq.m. in
favour of 49 Valleybrook Drive for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-100 - 124 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 120 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-101 - 128 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 124 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-102 - 132 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 28m and an area of 42 sq.m. in favour
of 128 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-103 - 136 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 29.78m and an area of 44.7 sq.m. in
favour of 132 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-104 - 140 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 31.79m and an area of 47.7 sq.m. in
favour of 136 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
Page 6 of 8
B 2018-105 - 144 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 33.79m and an area of 50.7 sq.m. in
favour of 140 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-106 - 148 Grand Flats Trail
Permission to grant an easement having a width of 1.5m, a depth of 35.8m and an area of 53.7 sq.m. in
favour of 144 Grand Flats Trail for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-107 - 54 Valleybrook Drive
Permission to grant an easement having a width of 1.5m, a depth of 29.44m and an area of 44.2 sq.m. in
favour of 50 Valleybrook Drive for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-108 - 58 Valleybrook Drive
Permission to grant an easement having a width of 1.5m, a depth of 30.49m and an area of 45.7 sq.m. in
favour of 54 Valleybrook Drive for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-109 - 62 Valleybrook Drive
Permission to grant an easement having a width of 1.5m, a depth of 30.84m and an area of 46.26 sq.m. in
favour of 58 Valleybrook Drive for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-110 - 66 Valleybrook Drive
Permission to grant an easement having a width of 1.5m, a depth of 30.51m and an area of 45.8 sq.m. in
favour of 62 Valleybrook Drive for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-111 - 70 Valleybrook Drive
Permission to grant an easement having a width of 1.5m, a depth of 29.81m and an area of 44.7 sq.m. in
favour of 66 Valleybrook Drive for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-112 - 74 Valleybrook Drive
Permission to grant an easement having a width of 1.5m, a depth of 30.05m and an area of 45.1 sq.m. in
favour of 70 Valleybrook Drive for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-113 - 78 Valleybrook Drive
Permission to grant an easement having a width of 1.5m, a depth of 29.68m and an area of 44.5 sq.m. in
favour of 74 Valleybrook Drive for maintenance and encroachment. Both parcels are intended for residential
development.
B 2018-114 - 94 Fifth Avenue
Permission to sever a parcel of land having a width of 10.069m, a depth of 40.485m and an area of 407.4
sq.m. The retained land will have a width of 10.069m, a depth of 40.485m and an area of 407.4 sq.m. Both
parcels are intended for single detached dwellings.
Page 7 of 8
B 2018-115 - 44 Franklin Street South
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 8.394m, a depth of 40.234m and an area of 337.724
sq.m. The retained land will have a width of 8.394m, a depth of 40.234m and an area of 337.724 sq.m.
• additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King
Street West, Kitchener (519-741-2200 ext.7594).
• copies of written submissions/public agencies' comments are available on Friday afternoon prior to the
meeting on the City of Kitchener website www.kitchener.ca in the calendar of events, see the meeting
date for more details.
• anyone having an interest in any of these applications may attend this meeting.
• a person or public body that files an appeal of a consent decision of the Committee of Adjustment must
make written submissions to the Committee before the Committee gives or refuses to give a Provisional
Consent otherwise the Local Planning Appeal Tribunal may dismiss the appeal.
• any personal information received in relation to this meeting is collected under the authority s. 28(2) of
the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee
of Adjustment applications. Questions about the collection of information should be directed to Holly
Dyson at holly. dyson(a)kitchener.ca.
• if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer,
Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles
you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful
party you should make this request as the decision could be appealed by the applicant or another party.
Dated the 31st day of August, 2018.
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment
THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE
OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD
ON AUGUST 31, 2018.
Page 8 of 8
Staff Report
Kt'rC� IES' :R Community Services Department www.kifchenerca
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
September 18, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Richard Kelly-Ruetz, Technical Assistant (Planning & Zoning)
— 519-741-2200 x 7110
WARD:
9
DATE OF REPORT:
September 6, 2018
REPORT #:
DSD 18-109
SUBJECT:
Application SG 2018-009 — 236 Mill Street
Owner — Gerry Zister
Approve with Conditions
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'I 223 SS r 1 1 ' 244 `F r
250
Ground -supported sign to have
automatic changing copy
REPORT
Planning Comments:
The subject property is located on Mill Street, south of Stirling Avenue South. It is a split -zoned
property, with the rear portion being zoned General Industrial (M-2) with Special Provision 159U,
and the front portion being zoned Commercial -Residential One (CR -1) with Special Provision
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
158U in By-law 85-1. The property is designated Open Space and Industrial in the Mill Courtland
Woodside Park Neighbourhood Secondary Plan for Land Use. City Planning staff conducted a
site inspection of the property on August 28, 2018.
The applicant is requesting permission to construct a ground supported sign with automatic
changing copy which will be located 25.8 metres from a Residential zone rather than the required
100 metres.
Front of 236 Mill Street — old sign shown in front yard
The requested variance meets the intent of the Sign By-law and can be considered minor for the
following reasons.
The intention of the regulation requiring a minimum distance separation for automatic changing copy
from Residential zones is to ensure that the changing copy does not negatively impact the
enjoyment and use of nearby residences. Although located within the minimum distance separation
of 100 metres, the area of the automatic changing copy is an appropriate size (7.43 square metres)
for this commercial -residential property and the proposed separation distance continues to maintain
a suitable setback from the adjacent residential zones so as not to impact residences. In
accordance with the Sign By-law, the automatic changing copy sign shall not contain flashing,
intermittent or moving lights and that the rate of change in the content of the graphics shall remain
static for a minimum of six (6) seconds.
Based on the above comments, staff is of the opinion that the requested variance is appropriate
development for the subject lands and surrounding area and meets the general intent of the Sign
By-law. Planning staff recommends that this application be approved subject to the condition
outlined in the Recommendation section of this report.
Heritage Comments:
Note that the subject property is located within the Mill Courtland Woodside Park Secondary
Plan. The applicant should be aware that the land use policies and zoning for the property and
area are subject to change through an upcoming neighbourhood planning review (to stay
informed, subscribe to https://www.kitchener.ca/en/city-services/neighbourhood-planning-
reviews.aspx). As part of this review, the City will be proceeding with the next step of the cultural
heritage landscape conservation process.
Special Policy Area #58 provides the interim policy direction for how development applications
will be evaluated until such time as the City completes the secondary plan review, including
implementation of the Planning Around Rapid Transit Study (PARTS) Rockway Station
recommendations. The subject site is within the Focus Area for intensification and as such.
Building Comments:
The Building Division has no objections to the proposed sign variance provided a sign permit is
obtained prior to installation.
Transportation Services Comments:
Transportation Services have no concerns with
located outside of the driveway visibility triangle.
Engineering Comments:
No concerns.
Heritage and Policy Planning Comments:
No concerns.
RECOMMENDATION
the proposed sign location, as the sign is being
That application SG 2018-009 requesting permission to construct a ground -supported
sign to have automatic changing copy which will be located 25.6 metres from a
Residential zone rather than the required 100 metres be permitted subject to the
following conditions:
1. That a Sign Permit is obtained for the proposed business from the Planning
Division;
2. That the automatic changing copy portion of the sign be turned off between the
hours of 10:OOPM and 6:00 AM; and,
3. That condition 1 shall be completed prior to July 1st, 2019. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate), prior to the completion date set out in this decision. Failure to fulfill
these conditions will result in this approval becoming null and void.
Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP
Technical Assistant (Planning & Zoning) Senior Planner
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.
Staff Repoil K;x &�R
Development Services Department wwwkitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18th, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Eric Schneider, Junior Planner— 519-741-2200 ext. 7843
WARD: 4
DATE OF REPORT: September 10th, 2018
REPORT #: DSD -18-110
SUBJECT: A2018-095 — 1110 New Dundee Road
Applicant — Rob Sajkunovic
Approve with Conditions
Location Map: 1110 New Dundee Road
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property located at 1110 New Dundee Road is zoned Agricultural Zone (A-1) in the
Zoning By-law 85-1 and designated Low Rise Residential in the 2014 Official Plan. Staff
conducted a site inspection of the property on September 5th, 2018.
The applicant is requesting relief from Section 34.3.2 of the Zoning By-law to construct a
detached garage with a rear yard setback of 1.2 metres whereas the By-law requires a rear yard
setback of 10 metres and; a side yard setback of 1.2 metres whereas the By-law requires a side
yard setback of 7.5 metres. The applicant is also requesting relief from Section 6.1.1.1 (B)(h) to
allow for a driveway width of 20.7 metres rather than the maximum permitted driveway width of
8 metres.
View of Proposed Location for Detached Garage (shed to be demolished)
(September 5th, 2018)
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments.
1. The requested variances meet the general intent of the Official Plan. The Official Plan
favours the mixing and integration of different forms of housing to achieve a low overall
intensity of use. The proposed detached garage maintains this intent.
2. The requested variances for yard setbacks meet the general intent of the Zoning By-law.
The intent of the regulations that require a side yard setback of 7.5 metres and a rear yard
setback of 10 metres is to limit adverse impacts on neighbouring properties. Along with
single detached dwelling, the regulation encompasses uses such as canine boarding and
farm equipment repair which possess the potential to create adverse impacts to
neighbouring properties. In this case, the proposed building is to be a detached garage
accessory to a single detached dwelling used for personal vehicle storage. In addition, the
closest building on a neighbouring property to the side or rear is over 200 metres away.
Staff believes that the impacts from the proposed use will not create an adverse impact on
neighbouring properties and therefore the requested variances for yard setbacks meet the
general intent of the Zoning By-law.
The requested variance for driveway width meets the general intent of the Zoning By-law.
The intent of the regulation that limits driveway sizes to 8 metres is to preserve the
aesthetics of the streetscape by not allowing the front yard to be dominated by the
driveway. In this situation, the detached garage is proposed to be built near the rear of the
property, and the driveway is to widen out to match the width of the garage. The width of
the driveway at the street is only approximately 8 metres wide, and begins to widen out well
into the property at a point that is not visible from the street. Therefore, Staff believes that
street aesthetics can be preserved and therefore the general intent of the Zoning By-law is
met.
3. The proposed variances are considered desirable and appropriate for the development
and use of the lands. Given the use of the property and the character of the surrounding
properties, Staff considers the proposed location of the detached garage and the width
of the driveway appropriate.
4. The variance is considered minor. The proposed building is to be used for vehicle
storage and Staff consider any impacts to be minor.
Based on the foregoing, Planning staff recommends that this application be approved subject
to the conditions outlined in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made for
the detached garage is currently under review
Transportation Services Comments:
Transportation Services have no concerns with the proposed application, as the submitted plan
notes the existing driveway at New Dundee Road will remain the same.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
A number of trees are within the vicinity of the proposed garage. Also, the rear portion of the
property is regulated by the GRCA as being within 120 m of a wetland. A permit may be
required.
RECOMMENDATION
That application A2018-095 requesting permission to construct a detached garage in the
rear yard of an existing single detached dwelling having a rear yard setback of 1.2m
rather than the required 10m; to have an easterly side yard setback of 1.2m rather than
the required 7.5m; and, to have a driveway width of 20.7m rather than the permitted
maximum driveway width of 8m be approved, subject to the following conditions:
1. That a building permit is obtained from the Building Division prior to any
construction.
2. That in light of the treed nature of the property and the proximity of trees in
shared ownership, the owner shall prepare a Tree Preservation Plan for the
lands in accordance with the City's Tree Management Policy, to be
approved by the City's Director of Planning and where necessary,
implemented prior to any grading, tree removal or the issuance of building
permits. Such plans shall include, among other matters, the identification
of a proposed building envelope/work zone, building elevation drawings,
landscaped area and vegetation to be removed and/or 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.
Eric Schneider, BES Juliane von Westerholt, B.E.S., MCIP, RPP
Junior Planner Senior Planner
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1 R 5W6
Resource Management Division Phone: (519) 621-2761 ext. 2319
Trisha Hughes, Resource Planner Fax: (519) 621-4945
E-mail: thug hes@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
September 10, 2018 A 2018-095 - 1110 New Dundee A2018-095 - 1110 New Dundee
Road Rd
RE: Application for Minor Variance A 2018-095
1110 New Dundee Road, City of Kitchener
Sam Azemaj
GRCA COMMENT*:
Grand River Conservation Authority (GRCA) staff have no objection to the above noted minor
variance. Based on current plans, a GRCA permit is required prior to development. Please see
our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available in this office indicates that a portion of the property is within
the 120 metre regulatory allowance adjacent to an offsite wetland (the Provincially
Significant Roseville Swamp Cedar Creek Wetland Complex). A copy of our resource
mapping is attached.
2. Legislative/Policy Requirements and Implications:
Due to the above feature, a portion of the property is regulated by the GRCA under Ontario
Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines
and Watercourses Regulation.
It is our understanding that the purpose of this application is to allow construction of a
detached garage at the back of the property and extending the existing driveway to the
proposed garage location. Based on our review of the above noted application, we have no
objection to the minor variance.
Based on our review of the Site Plan (Drawing AO) prepared by JR Design and Consultants
(last revised August 8, 2018), development is proposed within the GRCA regulated area.
Therefore, a permit from GRCA will be required prior to grading/construction, as per Ontario
Regulation 150/06. The permit process involves the submission of a permit application to
our office, the review of the application by Authority staff and the subsequent
approval/refusal of the permit application by the GRCA. A GRCA permit can be applied for
with the proposed plans through our website at www.Qrandriver.ca.
3. Plan Review Fees:
This application is a `minor' minor variance application and the applicable plan review fee is
$260.00. With a copy of this correspondence, the applicant will be invoiced in the amount of
$260.00.
Page i of 2
* These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
A separate fee is applied for a GRCA permit application.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
Encl.
cc: Sam Azemaj, 1110 New Dundee Road, Kitchener, ON N2P 2P2
Rob Sajkunovic, JR Design and Consultants, 198 Avalon Place, Unit B, Kitchener, ON
N2M 4N8
Page 2 of 2
* These comments are respec fully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
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Staff Report
Development Services Department
1
KIR
www.ki tch en er. c a
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
September 18, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Tim Seyler, Junior Planner — 519-741-2200 ext. 7860
WARD:
5
DATE OF REPORT:
September 7, 2018
REPORT #:
DSD -18-111
SUBJECT:
A2018-096 — 904 Magdalena Court
Applicants — Robert & Jana Grassing
Approved with Conditions
V
Location Map: 904 Magdalena Court
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
w c�auniarurrc��w
REPORT
Planning Comments:
The subject property located at 904 Magdalena Court is zoned Residential Three (R-3), with Special
Regulation Provision 403R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's
Official Plan. The applicant is proposing to build an attached structure over an existing deck onto the
single detached dwelling. The proposed building addition on the subject property can no longer meet the
requirements of Section 37.2.1 of the Zoning By-law. The applicant is requesting relief from Section
37.2.1 of the Zoning By-law to allow an addition to have a rear yard setback of 4.85 metres rather than
the required 7.5 metres.
City Planning staff conducted a site inspection of the property on August 16, 2018.
904 Magdalena Court
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
1. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and
1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of
Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not
being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official
Plan, which allows for low density forms of housing such as single detached dwellings is being relied
upon to determine whether the proposed variances meet the general intent of the Official Plan. The
proposed variance meets the intent of the designation, which encourages a range of different forms
of housing to achieve a low density neighbourhood. The requested variance to permit a reduced rear
yard setback is appropriate and continues to maintain the low density character of the property and
surrounding neighbourhood. The proposed variance conforms to the designation and it is the
opinion of staff that the requested variance is appropriate and meets the general intent of the Official
Plan.
2. The requested variance to permit a rear yard setback of 4.85 metres meets the general intent of the
Zoning By-law. The intent of the 7.5 metre rear yard setback requirement is to provide amenity space
in the rear yard. The proposed rear yard setback of 4.85 metres will continue to provide sufficient
amenity space and adequate separation between the dwelling and neighbouring properties.
3. The variance can be considered minor as the reduced rear yard setback of 2.65 metres will not
present any significant impacts to adjacent properties and the overall neighbourhood.
4. The variance is appropriate for the development and use of the land. The requested variance should
not impact the existing character of the surrounding neighbourhood.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made for the roof
structure is currently under review.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
Environmental Comments:
No environmental planning concerns.
Heritage Comments:
No heritage planning concerns.
RECOMMENDATION
That minor variance application A2018-096 requesting relief from Section 37.2.1 to allow the
construction of an attached roof over an existing deck to be setback 4.85 metres from the rear lot
line, where as 7.5 metres is required; be approved subject to the following conditions:
1. A building permit be issued from the City's Building Division for the proposed addition by
May 1, 2019
Tim Seyler, BES
Junior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.
Staff Report
Development Services Department
1
K R
www.ki tch en er. c a
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18th, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Jenna Daum — Technical Assistant - 519-741-2200 ext.7760
WARD: 1
DATE OF REPORT: September 4t", 2018
REPORT #: DSD -18-112
SUBJECT: A 2018-097 — 196 Hickson Drive
Owner —Alexander Matsias & Nicholas Matsias
Approve Without Conditions
0',
-12. -
or-
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property located at 196 Hickson Drive is designated Low Rise Residential in the City's Official
Plan and zoned Residential Three (R-3) in Zoning By-law 85-1.City Planning staff conducted a site
inspection of the property on August 28th, 2018. The property contains an existing Single Detached
Dwelling which is proposed to be converted into a Duplex. To accommodate the proposed duplex, the
owner is requesting relief from Section 6.1.1.1 b) i) to locate the first off-street parking space at a distance
of 5.48 metres from the street line, whereas 6.0 metres is required. The second space will be located on
the existing driveway, and meets the minimum size requirements.
View from Hickson Drive
Considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990
Chap. P. 13, as amended, Planning staff offers the following comments:
1. The subject property is designated Low Rise Residential in the City's Official Plan. The proposed
variance meets the general intent of the Official Plan, which encourages a range of housing forms
that achieve an overall low density neighbourhood. The minor change will maintain the low
density character of the property and surrounding neighbourhood. The proposed variance meets
the general intent of the designation.
2. The requested variance to legalize the 5.48 metre off-street parking space setback from the street
line, whereas 6.0 metres is required, meets the general intent of the Zoning By-law. The intent of the
6.0 metre required setback is to allow for a vehicle to be safely parked on the driveway without
affecting the City right-of-way and surrounding properties. It is the opinion of both Planning and
Transportation staff that the 0.52 metre reduction in the parking setback is minor and will not affect
the City right-of-way or neighbouring properties. As such, Staff is satisfied the variance meets the
general intent of the Zoning By-law.
3. The variance can be considered minor as a 0.52 metre reduction in the parking space setback will
not present any significant impacts to adjacent properties and the safety of the overall neighbourhood
has not been compromised.
4. The proposed variance is appropriate for the development and use of the land. No negative
impacts are anticipated as a result of the variance. The proposed setback for the driveway will
continue to provide a safe ingress and egress to the property without impacting the intersection.
Based on the foregoing, Planning staff recommends that this application be approved subject to the condition
outlined below in the Recommendation section of this report.
Building Comments: No concerns
Transportation Services Comments: No concerns
Engineering Comments: No comments.
Heritage Planning Comments: No comments.
Environmental Planning Comments: No concerns
RECOMMENDATION:
That application A 2018-097 requesting relief from Section 6.1.1.1 b) i) to locate the off-street
parking space at a distance of 5.48 metres from the street line, whereas 6.0 metres is required,
shall be approved.
Jenna Daum Juliane von Westerholt, BES, MCIP, RPP
Technical Assistant (Planning and Zoning) Senior Planner
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.
Staff Repod
Development Services Department
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www.ki tch en er. ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519-
741-2200 ext. 7110
WARD: 5
DATE OF REPORT: September 7, 2018
REPORT #: DSD -18-113
SUBJECT: A2018-098 — 6 Waterwillow Court
Applicants — Biljana Ivanovic
Recommendation: Approve with Conditions
Location Map: 6 Waterwillow Court
REPORT
Planning Comments:
The subject property located at 6 Waterwillow Court is zoned Residential Four (R-4) in Zoning By-law
85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is requesting relief
from Section 38.2.1 of the Zoning By-law to allow a setback of 5.0 metres from the rear lot line,
whereas 7.5 metres is required, and a setback of 3.0 metres from the side yard abutting a street,
whereas 4.5 metres is required, to facilitate a 2 -storey duplex addition.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Staff notes that a previous variance application requesting relief from the rear yard setback
requirements was recommended for refusal by Planning staff and subsequently refused during the July
Committee of Adjustment meeting (A2018-060).
Front and side yard of 6 Waterwillow Court
Approximate location of proposed duplex addition
City Planning staff conducted a site inspection of the property on August 28, 2018.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and
1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of
Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not
being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official
Plan which allows for low density forms of housing such as single detached dwellings is being
relied upon to determine whether the proposed variances meet the general intent of the Official
Plan. The requested variances to permit a reduced rear yard and side yard abutting a street
setback is appropriate and would continue to maintain the low density character of the property and
surrounding neighbourhood. The proposed variances conform to the designation and it is the
opinion of staff that the requested variances are appropriate and meet the general intent of the
Official Plan.
2. Rear Yard Reduction
The requested variance to have a rear yard setback of 5.0 metres rather than the required 7.5
metres meets the general intent of the Zoning By-law. The intent of the 7.5 metre setback is to
provide outdoor amenity space as well as adequate separation from neighbouring properties. A
visual of the proposed duplex addition is shown below:
Visual of proposed addition (duplex) in relation to adjacent properties
The rear yard amenity space for the subject lands would be reduced with the proposed duplex
addition, compounded by the reality that the number of units on the property using amenity space
is increasing from 1 to 2. However, in addition to the remaining 5.0 metres of rear yard, the
property is a corner lot, and there is significant side yard abutting a street remaining which could
compensate for the reduced rear yard. The applicant submitted supporting drawings with the
variance application to demonstrate where the amenity space could be provided.
As mentioned, staff recommended refusal for a reduced rear yard of 4.0 metres at the July
Committee of Adjustment meeting. The grounds for the recommendation of refusal were that the
resulting 2 -storey duplex addition would negatively impact the rear yard amenity space for the
neighbouring 2 Waterwillow Court, resulting in a sense of enclosure of their rear yard. The current
proposal seeks a rear yard of 5.0 metres, which provides an additional 1.0 metre of rear yard than
what was proposed for the July meeting.
While staff maintain that the proposed addition will result in a partial enclosure of the rear yard of
the adjacent 2 Waterwillow Court, the rear yard setback of the duplex addition at the nearest point
to 2 Waterwillow Court is 5.33 metres which, although a minor difference, is more ideal than 5.0
metres at the most severe area of impact. Furthermore, as 2 Waterwillow Court is also a corner lot,
they have the benefit of an `open' side yard abutting the street, which further mitigates any sense of
enclose that the duplex addition on the subject property may cause to 2 Waterwillow Court. To
ensure the impacts of the proposed duplex are as limited as possible, staff have added a condition
of approval that the proposal be built with the setbacks shown on the plans submitted with the
applicant's minor variance application, attached as `Appendix A' to this report.
Staff acknowledges the peculiar lot fabric of the subject property and adjacent properties and notes
staff's initial hesitancy to support a reduced rear yard setback to the extent proposed. Staff
emphasises this is a unique scenario and should not be regarded as precedence for future rear
yard setback reductions. The subject lot is a corner lot and the adjacent property (2 Waterwillow
Court) is also a corner lot — this is very uncommon. The rear yards of both properties abut the side
yard of 118 Wilderness Drive and thus have few to no negative impacts to this side yard, as the
side yard is primarily intended for access only. Staff ultimately became comfortable supporting the
proposed rear yard setback reduction as both the subject property and the neighbouring 2
Waterwillow Court have a side yard abutting the street which can help mitigate the impacts of the
proposed addition to both properties.
Side Yard Abutting a Street Reduction
The requested variance to have a side yard abutting a street of 3.0 metres rather than the required
4.5 metres meets the general intent of the Zoning By-law. The intent of the 4.5 metre setback is to
allow sufficient separation between the dwelling and the street to maintain a consistent street edge
in residential neighbourhoods and to allow space for landscaping, parking, etc. in the side yard.
Staff is satisfied that these objectives are maintained with the proposed variance. The 3.0 metre
side yard abutting a street allows sufficient separation between the dwelling and street line. Staff
notes that there will be over 6.0 metres between the side of the duplex addition and the curb of the
street, albeit with about half of that being within the City right-of-way.
It is worth noting that the applicant reduced the side yard abutting a street at the suggestion of staff.
This resulted in the possibility of increasing the rear yard from 4.0 metres to 5.0 metres. It is the
opinion of staff that this is a trade-off worth making as it allows more space in the rear yard.
3. Staff is of the opinion that requested variances are minor as the approval of the reduced rear
yard and side yard abutting a street will not cause significant impacts to the rear yard of 2
Waterwillow Court. To ensure the impacts of the addition are as minor as possible and compatible
with the existing dwelling and surrounding properties, staff will require elevations of the addition be
approved by Planning staff in advance of the issuance of a building permit. As discussed
extensively in the second test, the proposed impacts of a duplex addition with a reduced rear
yard and reduced side yard abutting a street are minor with regards to impacts to neighbouring
properties and conditions of approval added to this variance will further ensure the impacts
remain minor.
4. The requested variances are appropriate for the development and use of the land as the proposed
addition facilitates the creation of a duplex. Supported by the conditions of approval that staff will
recommend, the proposed addition will be compatible with the subject property and the balance
of dwellings within the neighbourhood. Staff is of the opinion that the proposal is consistent with
the low density development of the neighbourhood.
Based on the foregoing, Planning staff recommends the variance of this application be approved with
conditions.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the
proposed rear yard addition and change of use is obtained prior to construction. Please contact the
Building Division @ 519-741-2433 with any questions.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Heritage Comments:
No heritage planning concerns.
Environmental Comments:
The subject property has a tree in the rear yard and 3 street trees along Waterwillow Court. The tree
within the rear yard will need to be removed to facilitate the addition. The street trees will need to be
protected during construction of the addition. If approved, please apply the Standard Minor Variance
Condition for the protection of street trees.
RECOMMENDATION
A. That Minor Variance Application A2018-098 requesting relief from Section 38.2.1 of the
Zoning By-law to permit a rear yard setback of 4.0 metres, whereas 7.5 metres is
required, and to permit a side yard abutting a street of 3.0 metres, whereas 4.5 metres is
required, be approved subject to the following conditions:
1. That the setbacks of the addition are built in accordance with the setbacks shown on
the plan attached as `Appendix A';
2. That a site plan showing the location of the proposed single detached dwelling on the
lot and elevation drawings showing the proposed addition be submitted to the
satisfaction of the Director of Planning, illustrating that the proposed dwelling will be
compatible with the neighbourhood in terms of massing, scale and design, and that
the drawings be approved prior to the issuance of any building permit;
3. That the Owner ensures any boulevard
protected during construction to the
Planning. That prior to the issuance
satisfactory arrangements financial or
existing boulevard trees adjacent to the
City's Operations; and,
trees identified by the City for retention are
satisfaction of the City's Operations and
of a building permit, the Owner makes
otherwise for any relocation/removal of any
subject property to the satisfaction of the
4. That a building permit be obtained for the proposed addition and change of use by
October 1, 2019.
Richard Kelly-Ruetz, BES
Technical Assistant
Juliane von Westerholt, MCIP, RPP
Senior Planner
Appendix A - Plan of Proposed Addition in Rear Yard of 6 Waterwillow Court
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11/0812018 Orawing # I
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.
Staff Report
Development Services Department
i
R
www.kitch ener. ca
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
September 18, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Garett Stevenson, Planner - 519-741-2200 ext. 7070
WARD:
9
DATE OF REPORT:
September 14, 2018
REPORT NUMBER:
DSD -18-114
SUBJECT:
Application A2018-099
161 Victoria Street South
2589769 Ontario Corp.
Approve
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Report:
The subject property is proposed to be redeveloped as a health clinic and yoga studio. A small
addition is proposed at the front of the existing building and the rear yard will be developed with
a paved parking lot. The existing building will be rehabilitated and renovated. The proposed
development has been approved in principle by the City's Site Plan Review Committee, subject
to receiving approval of the four minor variances listed below.
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Report:
The subject property is proposed to be redeveloped as a health clinic and yoga studio. A small
addition is proposed at the front of the existing building and the rear yard will be developed with
a paved parking lot. The existing building will be rehabilitated and renovated. The proposed
development has been approved in principle by the City's Site Plan Review Committee, subject
to receiving approval of the four minor variances listed below.
Staff Report
Development Services Department
KacikmR
www.kitch ener. ca
Relief is being sought from Section 53.2.1 of the zoning by-law to permit a minimum Floor Space
Ratio (FSR) of 0.4 whereas a minimum of 0.6 is required, and to have a facade height of 3.9
metres whereas a minimum of 6.0 metres is required. Relief is also being sought from Section
4.2 to permit a Driveway Visibility Triangle (DVT) that is 3.0 metres x 4.5 metres, whereas a
triangle of 4.57 x 4.57 metres is required. Finally, relief is being sought from Section 6.1.2.a) to
permit a health clinic and yoga studio with 5 off-street parking spaces whereas 6 is required.
Existing Building at 161 Victoria Street South (Source: Google Streetview)
Planning Comments:
The property is zoned as Low Intensity Mixed Use Corridor (MU -1) and designated as Mixed Use
Corridor in the Victoria Park Secondary Plan (Official Plan). In considering the four tests for minor
variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended,
Planning staff offers the following comments:
The requested variances meet the general intent of the Official Plan. Mixed use corridor are
primarily intended to serve the adjacent residential neighbourhoods and employment areas and
allow for intensive, transit supportive development. Appropriate commercial and institutional uses
that primarily serve adjacent residential neighbourhoods are permitted. Mixed Use Corridors are
planned to intensify overtime to provide a balanced distribution of commercial, multiple residential
and institutional uses. New development shall be compatible with surrounding residential
neighborhoods and will be of an appropriate height and density in relation to adjacent low rise
residential development. Special Policy Area #58 of the 1994 Official Plan was considered in the
review of this application as the Major Transit Station Area Policies in the Official Plan (Sections
3.C.2.16 to 3.C.2.22) are under appeal. Planned land uses include a mix of residential, office,
institutional, and commercial. Streetscapes and built form must be pedestrian -friendly and transit -
Staff Report
Development Services Department
KacikmR
www.kitch ener. ca
oriented. New developments will support a more compact urban form which support pedestrians
and bicycle parking. The proposed development provides a new land use within an existing
building and the proposed addition is oriented towards Victoria Street and away from the stable
residential neighbourhood. The scale and height of the new addition is large enough to contribute
to the build form along the street, while being compatible with the existing surrounding land uses.
The requested variances meet the general intent of the Zoning By-law.
- The intent of the minimum FSR of 0.6 is to ensure that new development is built at a
minimum density which supports active and public transportation and provides adequate
spaces and places for a variety of uses which support and contribute to the community.
In this case, the redevelopment proposes to retain the existing building with a modest
addition at the front. This form of development does not utilize the full height permissions
afforded by the zoning, so it is difficult to achieve the minimum floor area required by a
minimum FSR of 0.6 for new development. The site specific redevelopment proposal is
appropriate, even though the minimum density cannot be achieved given the existing
constraints.
- The intent of the minimum facade height of 6.0 metres is to achieve a front facade that is
appropriately scaled to contribute to the existing and planned built form along the street
edge. There are several contributing factors which may limit the complete redevelopment
of this block (mixed use properties along the south side of Victoria Street), including
retention and compatibility policies in the Victoria Park Heritage Conservation District Plan,
and due to the fact that portions of the block are regulated by the Grand River
Conservation Authority due to the proximity of the floodway. It is appropriate to require
new development to be designed in a manner that mirrors a similar built form as the
existing building stock. The proposed facade height will contribute to the established built
form at the street edge, even with a shorter height. The window and openings
requirements for the facade of the building as required by the MU -1 zone will be achieved.
- The intent of the driveway visibility driveway triangle is to ensure that there is adequate
sight lines for vehicles existing the property onto Victoria Street. The City is planning in
the new comprehensive zoning by-law to reduce the dimensions of the DVT to the size
requested by the applicant. Transportation Services staff has no objections.
- The intent of the required parking requirement in the zoning by-law to provide adequate
on-site parking for the intended land use. In this case, Transportation Planning supports
the proposed reduction based on the applicant's justification, which includes arranging off-
site parking for staff, availability of nearby short-term on -street and publically accessible
off-street parking, as well as scheduling of appointments and staff to avoid peak parking
demands.
The requested variances are minor. The requested variances are required to facilitate the modest
front addition and the rehabilitation of the existing building into a health office and yoga studio,
which is an appropriate land use for the area.
The variances are appropriate for the development and use of the land. The requested variances
do not create any adverse impacts and are required to satisfy the non-compliance of the proposed
development with the zoning by-law. There are no concerns regarding the proposed variances
by internal departments or commenting agencies and the future development will be subject to a
comprehensive site planning process and will require a registered Section 41 development
agreement.
Staff Report
Development Services Department
Building Comments:
KacikmR
www.kitch ener. ca
The Building Division has no objections to the proposed variance provided a building permit for the
proposed addition and change of use is obtained prior to construction. Please contact the Building
Division @ 519-741-2433 with any questions.
Transportation Comments:
Transportation Services supports the proposed driveway visibility triangle (DVT) as noted on the
submitted plan. The proposed DVT echoes the future direction of the City of Kitchener's Final
Draft Zoning By-law (April 2018).
Based on the parking justification submitted with the application, Transportation Services supports
the proposed parking reduction from six to five parking spaces on-site.
Engineering Comments:
The Engineering Division has no objections to the proposed variance.
Heritage Comments:
Heritage Planning staff has no concerns with the subject application. Note that the subject property
is located within the Victoria Park Secondary Plan. The applicant should be aware that the land use
policies and zoning for the property and area are subject to change through an upcoming
neighbourhood planning review (to stay informed, subscribe to https://www.kitchener.ca/en/city-
services/neighbourhood-planning-reviews.aspx). As part of this review, the City will be proceeding
with the next step of the cultural heritage landscape conservation process.
Environmental Planning Comments:
Environmental Planning Staff has no comments on the proposed application. Tree management
and storm water management issues are addressed as part of the site plan approval process.
RECOMMENDATION:
That Application A2018-099 requesting relief from Section 53.2.1 of the zoning by-law to
permit a minimum Floor Space Ratio of 0.4 whereas a minimum of 0.6 is required, and to
have a fagade height of 3.9 metres whereas a minimum of 6.0 metres is required, and
requesting relief from Section 4.2 to permit a Driveway Visibility Triangle (DVT) that is 3.0
metres x 4.5 metres, whereas a triangle of 4.57 x 4.57 metres is required, and requesting
relief from Section 6.1.2.a) to permit a health clinic with 5 off-street parking spaces whereas
6 is required, be approved.
Garett Stevenson, BES, MCI P, RPP
Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.
Staff Report
R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Garett Stevenson, Planner - 519-741-2200 ext. 7070
WARD: 9
DATE OF REPORT: September 14, 2018
REPORT NUMBER: DSD -18-115
SUBJECT: Application A2018-100
6 Southdale Avenue
Citifield Property Initiative Inc.
Approve with conditions
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Subject Property
Background
On February 21, 2017, the Committee of Adjustment approved Minor Variance Application A2017-
011 to seek relief of the rear yard setback of 7.5 metres to 5.25 metres, and permission to
calculate the Floor Space Ratio (FSR) using the entire property, not just the lands that are zoned
as Residential Six (R-6, 1 R). A site inspection was conducted on August 15, 2018.
Staff Report
Development Services Department
KacikmR
www.kitch ener. ca
Multiple Dwelling Building under Construction
Report:
Planning staff has been advised that the building has been constructed a 900 rotation to the
approved plans, resulting in the front doors for the upper units to be facing the side yards, rather
than the front and rear yards. An upper storey landing provides access to the elevated entries,
and one encroaches into one of the required sideyard setback.
Relief is being sought from Section 5.6.4.d) of Zoning By-law 85-1 which requires that porches
that are attached to the main building and which exceed 0.6 metres in height above finished grade
level, be in compliance with the setback provisions required for the dwelling for front, side and
rear yards in all other cases. Section 40.2.6 requires a 2.5 metre side yard setback for a multiple
dwelling, and only 1.8 metres is provided with the building as constructed.
As such, this application is seeking relief from Section 5.6.4.d) to permit an attached porch which
exceeds 0.6 metres in height above finished grade level, to be located 1.8 metres from the side
yard whereas 2.5 metres is required.
Planning Comments:
The property is zoned as Residential Six (R-6, 1 R) in Zoning By-law 85-1 and designated as Low
Rise Residential in the Official Plan. In considering the four tests for minor variances as outlined
Staff Report
Development Services Department
KacikmR
www.kitch ener. ca
in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers
the following comments:
The requested variance meets the general intent of the Official Plan. Low Rise Residential
Districts accommodate a full range of housing types. In these districts, the City favours the mixing
and integration of different forms of housing to achieve a low overall intensity of use. The creation
of additional housing in existing developed areas, through conversion, infill and redevelopment,
is favoured as an appropriate response to changing housing needs and to make better use of
existing infrastructure and public service facilities. This project provides compatible infill
residential development that is appropriate for the community.
The requested variance meets the general intent of the Zoning By-law. The intent of the side yard
setback for porches that are above 0.6 metres in height above finished grade is to ensure that
outdoor amenity areas are well separated from neighbouring properties. In this case, the stairs
and porches have been designed to meet the requirements of the Ontario Building Code for
access only, and are not designed to provide a larger amenity space. The stairway and the
landing will be located 1.8 metres from the property line and cannot project further into the side
yard. Through the site planning process, tree savings efforts were undertaken to preserve
boundary vegetation which provides additional screening.
The requested variance is minor. The requested variance is required so that the upper level units
will have entries in accordance with the Ontario Building Code. There are no adverse impacts
expected with the approval of the variance which would legalize the existing as -built condition.
The variance is appropriate for the development and use of the land. The requested variance will
rectify the non-compliant as -built condition.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Comments:
Transportation Services has no concerns with the proposed application.
Engineering Comments:
The Engineering Division has no objections to the proposed variance.
Heritage Comments:
Heritage Planning staff has no concerns with the subject application.
Environmental Planning Comments:
Environmental Planning Staff has no comments on the proposed application. Tree management
and storm water management issues are addressed as part of the site plan approval process.
Staff Report
Development Services Department
RECOMMENDATION:
KacikmR
www.kitch ener. ca
That Application A2018-100 requesting relief from Section 5.6.4.d) to permit an attached
porch which exceeds 0.6 metres in height above finished grade level, to be located 1.8
metres from the side yard whereas 2.5 metres is required, be approved.
Garett Stevenson, BES, MCI P, RPP
Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N 1 R 5W6
Resource Management Division Phone: (519) 621-2761 ext. 2319
Trisha Hughes, Resource Planner Fax: (519) 621-4945
E-mail: thug hes(o)grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
September 10, 2018 A 2018-100 - 6 Southdale Avenue A2018-100 - 6 Southdale Ave
RE: Application for Minor Variance A 2018-100
6 Southdale Avenue, City of Kitchener
Citified Property Initiative Inc.
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted minor
variance. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that a majority of the subject lands are
located within the floodplain of Shoemaker Creek. Consequently, this property is regulated
by the GRCA under Ontario Regulation 150/06 - Development, Interference with Wetlands
and Alterations to Shorelines and Watercourses Regulation.
2. Legislative/Policy Requirements and Implications:
This reach of floodplain is within a Two Zone Floodplain Policy Area. In designated Two
Zone Areas, the floodplain contains two sections - the floodway and the flood fringe. The
floodway is the area of the floodplain required to pass the flows of greatest depth and
velocity. No new development is permitted within the floodway. The flood fringe lies between
the floodway and the edge of the floodplain. Depths and velocities of flooding in the flood
fringe are much less than those in the floodway, allowing for limited development to occur.
The subject property contains both floodway and flood fringe.
It is our understanding that the purpose of this application is to construct a multi -residential
dwelling with a relief from the easterly side yard setback.
We have previously reviewed the proposed development through Site Plan Application
SP16/094/S/SG, and issued GRCA permit #256/17 to construct a multi -unit residential
building and a stormwater outlet. As such, we have no objection to the minor variance.
Please note that any future development within the regulated area will require prior written
approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06.
Please consult with GRCA for future applications on this property.
3. Plan Review Fees:
We received a plan review fee for a previous Planning Act application, and will not charge
for our review of the current minor variance application.
Pagel of 2
*These comments are respectfuhZj submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authorin,
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
� - t't
Trisha Hughes
Resource Planner
Grand River Conservation Authority
cc: Citified Property Initiative Inc. c/o Sean O'Neill, 25 Shadywood Lane, Cambridge, ON
N1 R 5S3
Labreche Patterson & Associates Inc. c/o Scott Patterson, 330 Trillium Drive, Unit F,
Kitchener, ON N2E 3J2
Page 2 of 2
" These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
Staff Report
K A �'m R
Development Services Department
www.kitchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18th, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Eric Schneider, Junior Planner— 519-741-2200 ext. 7843
WARD: 8
DATE OF REPORT: September 10th, 2018
REPORT #: DSD -18-116
SUBJECT: A2018-101 — 264 Lawrence Avenue
Applicant — David Galbraith
Approve with Conditions
4
Location Map: 264 Lawrence Avenue
REPORT
Planning Comments:
The subject property located at 264 Lawrence Avenue is zoned Industrial Residential Zone (M-
1) in the Zoning By-law 85-1 and designated General Industrial Employment in the 2014 Official
Plan. Staff conducted a site inspection of the property on August 22nd, 2018.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The applicant is requesting relief from Section 6.1.2 of the Zoning By-law to allow for 5 Off -
Street parking spaces for an existing office business whereas 6 off-street parking spaces are
required in the Zoning By-law. The applicant is proposing to build a 21 square metre addition
that would bring the total gross floor area (GFA) to 168 square metres. Parking requirements in
Section 6.1.2 are based on GFA, and the proposed use requires 1 off-street parking space for
every 28 square metres of GFA. The proposed addition would subsequently require 6 Off -Street
View of Existing Driveway used for Parking (August 22nd, 2018)
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments.
The requested variance meets the general intent of the Official Plan. The General
Industrial Employment designation provides for a broad range of industrial uses. It
acknowledges existing areas that have evolved into a mixture of residential and
industrial uses and that some areas currently act as a buffer or transition area between
industrial uses and residential uses. The requested variance for parking reduction
maintains this intent.
2. The requested variance for reduction in Off -Street parking meets the general intent of the
Zoning By-law. The intent of the parking regulation in the Zoning By-law is to ensure that
there is adequate space to park vehicles used for the business, and that vehicles can safely
enter and exit the parking lot. Currently, the subject property does not have a parking lot but
rather a driveway in which vehicles back out onto the public right-of-way. Staff believes that
the creation of a parking lot will significantly improve the safe ingress and egress of vehicles
to this site. Staff believes that the nature of this business as an office for a homebuilder
does not typically draw customers to the premises, and believes that the proposed parking
total of 5 spaces will be sufficient for the needs of the business. In addition, Lawrence
Avenue contains on street parking, including in front of the subject property. As staff is of
the opinion that the proposal provides adequate space to park vehicles, the intent of the
Zoning By-law is met.
3. The requested variance is considered desirable and appropriate for the development
and use of the lands. The applicant's proposal represents an improvement to the parking
situation on site and therefore is considered desirable and appropriate.
4. The variance is considered minor. The requested reduction in parking is for only 1 space
and can be considered minor.
Based on the foregoing, Planning staff recommends that this application be approved subject
to the conditions outlined in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
Based on the plan received (August 29, 2018) for Stamp Plan A approvals, Transportation
Services suggest that the applicant provide a driveway visibility triangle of 3.0 metres by 4.5
metres, this will mirror the future direction of the City of Kitchener's Final Draft Zoning By-law
(April 2018). Also, the garage parking spaces proposed be designated as staff only parking.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
RECOMMENDATION
That application A2018-101 requesting to legalize an existing Office/Employment building
having 5 off-street parking spaces rather than the required 6 off-street parking spaces be
approved, subject to the following condition:
1. That a building permit is obtained from the Building Division prior to any
construction.
Eric Schneider, B.E.S.
Junior Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
Senior Planner
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2319
Fax: (519) 621-4945
E-mail: thughes@grand river. ca
DATE: YOUR FILE: GRCA FILE:
September 10, 2018 A 2018-101 - 264 Lawrence A2018-101 - 264 Lawrence Ave
Avenue
RE: Application for Minor Variance A 2018-101
264 Lawrence Ave, City of Kitchener
Warren D. Construction Ltd.
GRCA COMMENT*:
Grand River Conservation Authority (GRCA) staff have no objection to the above noted minor
variance. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available in this office indicates that a small portion of the property is
adjacent to the floodplain of Henry Sturm Creek with the 5 metre regulatory allowance to the
floodplain extending onto the property. A copy of our resource mapping is attached.
2. Legislative/Policy Requirements and Implications:
Due to the above feature, a portion of the property is regulated by the GRCA under Ontario
Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines
and Watercourses Regulation.
It is our understanding that the purpose of this application is to legalize the number of
existing parking spaces on the property. As such, we have no objection to the minor
variance.
Based on our review of the Site Plan dated August 13, 2018, there is a proposed addition on
the property that appears to fall outside GRCA's regulated area. Please note that if any new
development is proposed within the regulated area a permit from the GRCA will be required
pursuant to Ontario Regulation 150/06. As this property contains GRCA regulated area,
GRCA staff will participate in the review of future applications on this property.
3. Plan Review Fees:
This application is a `minor' minor variance application and the applicable plan review fee is
$260.00. With a copy of this correspondence, the applicant will be invoiced in the amount of
$260.00.
A separate fee is applied for a GRCA permit application, if applicable.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Page 1 of 2
* These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
Encl.
cc: Warren D. Construction Ltd. c/o Dan Sinclair, 364 Lawrence Ave, Kitchener, ON N2M
1Y4
IBI Group c/o David Galbraith, 410 Albert Street, Unit 101, Waterloo, ON N2L 3V3
Page 2 of 2
* 77tese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
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Staff Report
i�TTCHPNPR
Community Services Department wwwkitchenercn
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
October 16, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844
WARD:
4
DATE OF REPORT:
September 11, 2018
REPORT #:
DSD -18-117
SUBJECT:
A 2018-102 — 70 Windrush Trail
Applicant — Robert Saikunovic
Owner — Marko and Maria Kasumovic
Approve with Condition
'�
_ T r
4-6
4e
Subject Property
fir
REPORT
Planning Comments:
The property is zoned Residential Three (R-3) in By-law 85-1 and is designated as Low Rise Residential
in both of the 1994 and 2014 Official Plans. Staff visited the site on August 28, 2018.
The owner is requesting permission to construct an addition in the rear yard of an existing single detached
dwelling having rear yard setback of 6.724 metres rather than the required 7.5 metres; and, to legalize
an existing driveway width of 8.7 metres whereas the By-law permits a maximum width of 8 metres.
E44 _I
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
The proposed variance meets the general intent of the Official Plan. The subject property is designated as
Low Rise Residential in the of the City's 1994 and 2014 Official Plans. The 2014 Official Plan Designation is
in effect, however a significant number of policies from the 2014 Official Plan are under appeal and therefore
are not being solely relied upon for this report. Instead, Low Rise Residential policy from the 1994 Official
Plan is being reviewed for compliance. The proposed variances meet the intent of the designation which
encourages a full range of housing types to achieve a low density neighbourhood. The two requested
variances to permit a reduced rear yard setback for an addition and to legalize an existing driveway width
are appropriate for the area and continue to maintain the low density character of the property and
surrounding neighbourhood.
The proposed variances meet the general intent of the Zoning By-law and can be considered minor. The
intent of the rear yard setback to ensure that there is sufficient backyard amenity area and that the building
setback does not negatively impact the neighbouring properties. The proposed building variance results in
a small reduction of the rear yard setback of only 0.776 metres. This will continue to permit a backyard
amenity area for the subject property that is useable, as well as not negatively impacting the neighbouring
properties. The intent of maximum driveway width is to ensure that there is a balance between driveway
and landscaping along the streetscape and that the parking of multiple vehicles does not negatively impact
the neighbourhood. The variance is to recognize an existing driveway that is 8.7 metres wide rather than
the maximum permitted 8 metres. The variance of 0.7 metres is minor and does not negatively impact the
property or streetscape as the total width of this lot is 23.44 metres. Therefore staff is of the opinion that the
variances meet the intent of the Zoning By-law and can be considered minor.
The proposed variances are appropriate for the development of the property and streetscape. As noted in
the reasons above, based on the intent of the by-law being met, and both requested variances being minor,
staff are of the opinion that the requested variances are appropriate development for both the property and
streetscape.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions noted in the Recommendation section below.
Building Comments:
The Building Division has no objections to the proposed variance provided a revision to the issued building
permit is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any
questions.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Engineering Comments:
No comments.
Heritage Planning Comments & Environmental Planning Comments:
No comments.
RECOMMENDATION:
That application A 2018-102 requesting permission to construct an addition in the rear yard of an
existing single detached dwelling having rear yard setback of 6.724 metres rather than the
required 7.5 metres; and, to legalize an existing driveway having a width of 8.7 metres whereas
the By-law permits a maximum width of 8 metres, be approved, subject to the following condition:
1) That a revision to the issued building permit is obtained from the Building Division prior
to construction.
Sheryl Rice Menezes, CPT
Planning Technician (Zoning)
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.
Staff Repod
Development Services Department
I
KNxc NE,R
www.kitch en er. ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext. 7987
WARD: 6
DATE OF REPORT: September 10, 2018
REPORT #: DSD -18-118
SUBJECT: A2018-103 — 83 Elmsdale Drive
Owner — Novacore Inc
Applicant — Heather Price (GSP Group)
Approve
Elmsdale Park
S
`ALPINE
kk�ect Lands
Ss bl Sdaxe
83 Elm
DC11�e
Location of
proposed variance
Mclennan Park
Location Map: 83 Elmsdale Drive
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property is located at 83 Elmsdale Drive and is designated Mixed Use with Site Specific
Policy 31 in the Official Plan and zoned Neighbourhood Shopping Centre Zone (C-2) with Special
Regulation Provision 649R, Special Use Provision 436U and Holding Provision 71 H. The subject lands
are proposed to be developed with a mix of residential and commercial uses, and have received approval
from the Committee of Adjustment to be severed into three development parcels. The subject application
relates to Parcel B which is located nearest the intersection of Ottawa Street South and Elmsdale Drive.
Site Plan Approval in Principle has been granted for a 116 unit stacked townhouse development
(SP17/091/E/KA). The proposed variance relates to specifically to the proposed development. City
Planning staff conducted a site inspection of the property on September 10, 2018.
The applicant is requesting relief from Special Regulation Provision 649R subsection c) to allow a
minimum yard abutting Elmsdale Drive of 3.6 metres for a building 13.5 metres in height, whereas Zoning
By-law 85-1 requires a minimum setback of 4.5 metres.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offer the following comments.
The subject property is designated Mixed Use with Site Specific Policy 31 in the 2014 Official Plan and
Neighbourhood Mixed Use Centre with Special Policy Area 54 in the 1994 Official Plan. The subject
`Mixed Use' policies are under appeal in their entirety and as such staff refer to the previous designation of
`Neighbourhood Mixed Use Centre' with Special Policy Area 54. The Special Policy and Specific Policy are
set the same policy context for the development, whether developed under the 1994 Official Plan or the
2014 Official Plan. The intent of the policies is to allow for a redevelopment of a brownfield site, and
contemplates a mix of uses including residential development. The proposed variance supports the
development of the lands in a form that complies with the policies and which is compatible with the
surrounding neighbourhood. Therefore, staff is of the opinion that the proposed variance conforms to the
designation of `Neighbourhood Mixed Use Centre' with Special Policy Area 54 and that the general intent of
the Official Plan is maintained.
The subject property is zoned C-2, 649R, 436U and 71 H. The applicant is requesting a minor variance
to permit a minimum yard abutting Elmsdale Drive of 3.6 metres for a building 13.5 metres in height,
whereas Zoning By-law 85-1 requires a setback of 4.5 metres. It is noted that a building having a height
of 10.5 metres is only required to have a 3.0 metre setback to Elmsdale Drive and that stories exceeding
10.5 metres are required to either be set back or stepped back in order to facilitate a transition from
nearby lower rise residential dwellings. The location of the proposed building is near the intersection of
Ottawa Street South and Elmsdale Drive, and across from Sheridan Nurseries, rather than the nearby
condominium townhouse development. Therefore, staff is of the opinion that the proposed setback
reduction will not have an impact on nearby residential dwellings. Staff notes that the building has been
designed so that it will address the corner and is located well away from the corner visibility triangle so
that sight lines are not impacted.
Staff is of the opinion that the proposed variance is minor and is appropriate for the development and use
of the lands. The proposed setback reduction, resulting in a 4 storey building being located 3.6 rather
than 4.5 metres from the property line allows for more efficient use of the lands, will not impact nearby
residential dwellings, and provides adequate separation distance for pedestrian and vehicular safety. The
proposed 3.6 metre setback will provide sufficient space to accommodate required landscaping including
street trees. Such details will be considered through the landscaping review of the associated site plan.
Based on the foregoing, Planning staff recommends that this application be approved, for the proposed
development as considered through SP17/091/E/KA.
Building Comments:
The Building Division has no objections to the proposed variance provided building permits for the proposed
new stacked townhouses are obtained prior to construction.
Transportation Services Comments:
Transportation Services has no objections to the proposed variance.
Engineering Comments:
Engineering Services has no objections to the proposed variance.
Operations Comments:
Operations (parks) has no objections to the proposed variance.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
RECOMMENDATION
That application A2018-103 requesting relief from Special Regulation Provision 649R to permit a
building having a height of 13.5 metres to be setback 3.6 metres from the Elmsdale Drive street
line, whereas the By-law requires a minimum setback of 4.5 metres, be approved for the
development contemplated by Site Plan Application SP17/091/E/KA.
Katie Anderl, MCI P, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.
Staff Report
Development Services Department
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wwwki tch en er. ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 Ext. 7157
PREPARED BY: Lisa Thompson, Planning Technician 519-741-2200 Ext. 7847
WARD: # 9
DATE OF REPORT: September 5, 2018
REPORT #: DSD -18-119
SUBJECT: A2018-104 — 387 King Street East
Applicant — Kristen Barisdale, GSP Group
Defer to October 16, 2018 Meeting
Onpoint aerial image of subject lands
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
City Planning staff conducted a site inspection of the property on September 6, 2018.
The subject property is comprised of a number of lots that have been consolidated in order to
support the proposed development. The site has frontage on King Street East, Madison Avenue
South and Cedar Street South. There will also be pedestrian access to Charles Street East at the
rear of the property.
The owner has applied for Site Plan Approval to develop the property as a mixed use development
consisting of two buildings and one level of underground parking. One building is proposed as an
eight storey, 60 unit multiple dwelling with ground floor retail and the second building is a two storey
building with ground floor retail and office use on the second floor.
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Proposed Site Plan
The majority of the development site is vacant, however; there are existing buildings on 13 and 17
Cedar Street South and 6 Madison Avenue South that will be demolished as part of the
development process.
The Official Plan designation of the lands is Mixed Use Corridor in the King Street East
Neighbourhood Plan and the zoning is High Intensity Mixed Use Corridor (MU -3) with Special
Provisions 529R, 530R, 544R, 401 U. Both the Official Plan and Zoning By-law permit development
of the lands with a multiple dwelling, office and retail uses.
The applicant is requesting a number of minor variances to facilitate development of the property.
The variances are as follows:
1. To allow a westerly side yard setback of 0.0 metres rather than the required 1.2 metres.
2. To allow a building height of 25.9 metres rather than the permitted 16.5 metres.
3. To provide 105 parking spaces rather than the required 152 spaces.
4. To allow a parking space and building to encroach into the required 4.57 metres driveway
visibility triangle (on the Cedar Street frontage).
5. To allow balconies with a setback of 0.675 metres rather than the required 3.0 metres.
6. To allow parking to be setback 3.2 metres from the property line rather than the required 4.5
metres.
7. To allow 6 parking spaces to be provided having a minimum width of 2.4 metres and minimum
length of 4.8 metres rather than the required 2.6 metre width and 5.5 metre length.
8. To allow a food store to be located in a building with 1151 square metres of gross floor area
designed for office rather than the required 4700 square metres.
Planning staff are generally supportive of the requested variances, however; Transportation
Services requires additional time to review the required parking justification in order to determine
the appropriateness of the requested parking reduction as referenced in the comments below.
Transportation Services Comments:
Transportation Services have completed a cursory review of the parking justification completed by
LMM Engineering Inc. submitted (September 10, 2018) and offer the following comments.
The applicant was made aware at the July 18, 2018 SPRC meeting that a parking reduction would
require justification to be submitted. From a Transportation Services perspective, it was reasonable
to expect that the required justification would be submitted with the COA application, which would
have provided staff adequate time to review the information. Therefore, to complete a proper
review of the parking justification, Transportation Services recommends that this application be
deferred for 1 month. This would allow for any studies to be completed in support of a parking
reduction and provide staff the time for review and a final version to be approved.
While there is an encroachment into the driveway visibility triangle (DVT) at the Cedar Street
access point, it is suggested that the applicant provide a DVT of 3.0 metres by 4.5 metres, this will
mirror the future direction of the City of Kitchener's Final Draft Zoning By-law (April 2018). The
proposed 3.0 metre by 4.5 metre DVT be applied only to the Cedar Street access point.
Recommendation:
Based on the foregoing, Planning staff recommends that application A2018-104 be deferred to
the October 16, 2018 meeting.
Lisa Thompson, CPT
Planning Technician
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.
Staff Repod
Development Services Department
K;'�FR
www.ki tch en er. ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Andrew Pinnell, Planner— 519-741-2200 ext. 7668
WARD: 8
DATE OF REPORT: September 10, 2018
REPORT #: DSD -18-120
SUBJECT: A2018-105 — 59 Claremont Ave
Applicant — GSP Group c/o Kristen Barisdale
Owner — Bryan Kuppers
Approve Subject to Conditions
REPORT
Planning Comments:
The subject property is located at the southwest corner of Claremont Avenue and Earl Street in the
Westmount Planning Community, west of Belmont Village. The surrounding neighbourhood is developed
mainly with Single Detached Dwellings. The property is designated Low Rise Residential in the 2014
Official Plan and is zoned Residential Three (R-3). Planning staff visited the site on August 23, 2018.
The subject property was established through a plan of subdivision more than 100 years ago (1914) and
has remained vacant until just recently. In 2006, the Committee of Adjustment conditionally approved
Minor Variance Application A2006-095 to allow the minimum corner lot width to be reduced from 15.Om
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
to 12.19m to allow the construction of a single detached dwelling on the subject property. Earlier this
year, the conditions were fulfilled and a building permit for the dwelling was issued. The dwelling is
currently under construction.
The building permit plans for the single detached dwelling were approved without a garage. The owner
is now proposing to construct a detached garage at the rear of the property. However, due to the narrow
lot width, and the required minimum parking and garage setback requirements, variances are necessary
to facilitate the garage. Accordingly, relief from the Zoning By-law is being requested by the owner. The
subject Minor Variance Application requests relief from:
1. Section 6.1.1.1(b)(i) to allow for off-street parking to be located 5.55 metres from the street line,
rather than the required 6.0 metres;
2. Section 37.2.1 to allow a building used for off-street parking (i.e., a detached garage) to be located
5.55 metres from the street line, rather than the required 6.0 metres; and
3. Section 5.6.2(c) to allow a canopy for an accessory building to be supported by the ground, rather
than not supported by the ground (the canopy is proposed to be set back 4.03 metres from the
side lot line abutting Earl Street).
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
Variances 1 and 2 meet the general intent of the 2014 Official Plan and Zoning By-law for the following
reasons. The purpose of the parking setback is to discourage parking spaces and garages from
dominating the streetscape of residential neighbourhoods. The Zoning By-law does not stipulate that a
vehicle must park in the required parking space of a residential property, only that one space be provided,
on the driveway or in a garage, a minimum of 6.0 metres from the street line. In effect, many residents
choose to use their required parking space (e.g., in a garage) for household storage rather than for
parking. Additionally, the by-law does not restrict vehicles from parking behind the required parking
space, between the required parking space and the street line (e.g., on the driveway, less than 6.0 metres
from the street line). Regardless, only a 0.45 metre variance from the parking space and garage setback
requirements is requested. This variance is negligible and is minor, given that itwill not negatively impact
the streetscape, adjacent properties, or create safety issues (e.g., DVT issues). It should be noted that
without these minor variances, no garage could be legally constructed, since the sum of the minimum garage
setbacks, internal parking space depths, and building wall thicknesses would exceed the lot width.
Variance 3 meets the general intent of the 2014 Official Plan and Zoning By-law for the following reasons.
The purpose of the regulation preventing canopies within a required yard from being supported by the
ground is to allow a degree of architectural detail / weather protection on a residential building, while
preventing the encroachment of the building proper. Planning staff recommends conditions to require
satisfactory submission of building elevation drawings and confirmation that the dimensions and location
of the garage will be constructed in accordance with the site plan and garage plan drawings attached to
the application form. These conditions will ensure an appropriate balance of architectural detail while
ensuring that the garage does not appear to dominate the streetscape. Additionally, this variance will
not cause unacceptably adverse impacts on adjacent properties. Also, Planning staff recommends a
condition to require the submission and approval of a Tree Preservation Plan to ensure that neighbouring
trees are not negatively impacted. This may help to retain a natural visual barrier to the proposed canopy
and garage.
Variances 1 through 3 are desirable for the appropriate development of the land, as they will allow
development of the rear portion of the lot with a detached garage that will provide shelter for the one
required parking space, noting that most dwellings in this neighbourhood have garages.
For the abovementioned reasons, Planning staff is of the opinion that the variance requests are justified,
subject to the conditions outlined below.
Building Comments:
The Building Division has no objections to the proposed variance provided a revision to the issued building
permit is obtained prior to the completion of the construction. Please contact the Building Division @ 519-
741-2433 with any questions.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Heritage Comments:
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by the
Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an
inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation
process. The owner of the property municipally addressed 59 Claremont Avenue is advised that the
property is located within the Westmount East & West Neighbourhood CHL. The owner and the public
will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs
in the Official Plan, and preparing action plans for each CHL with specific conservation options.
Environmental Planning Comments:
In light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall
prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy,
to be approved by the City's Director of Planning and where necessary, implemented prior to any grading,
tree removal or the issuance of building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, building elevation drawings, landscaped area
and vegetation to be removed and/or 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.
RECOMMENDATION
That Minor Variance Application A2018-101 requesting to relief from:
1. Section 6.1.1.1(b)(i) to allow for off-street parking to be located 5.55 metres from the street line,
rather than the required 6.0 metres;
2. Section 37.2.1 to allow a building used for off-street parking (i.e., a detached garage) to be located
5.55 metres from the street line, rather than the required 6.0 metres; and
3. Section 5.6.2(c) to allow a canopy for an accessory building to be supported by the ground, rather
than not supported by the ground;
be approved, subject to the following conditions:
1. That the owner submit and obtain approval of building elevation drawings for all sides of the
proposed detached garage, to the satisfaction of the City's Director of Planning, and that that the
garage dimensions and location be in general accordance with the site plan and garage plan
drawings provided with Application A2018-105 (both attached hereto), to the satisfaction of the
City's Director of Planning;
2. That the owner prepare a Tree Preservation Plan for the lands in accordance with the City's Tree
Management Policy, to be approved by the City's Director of Planning and where necessary,
implemented prior to any grading, tree removal or the issuance of building permits. Such plans
shall include, among other matters, the identification of a proposed building envelope/work zone,
building elevation drawings, landscaped area and vegetation to be removed and/or 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;
3. That the owner obtain a building permit in accordance with Conditions 1 and 2, above, from the
City's Building Division;
4. That Conditions 1 through 4 be completed prior to September 18, 2019. Any request for a time
extension must be approved in writing by the Manager of Development Review (or designate),
prior to the completion date set out in this decision. Failure to fulfill these conditions will result in
this approval becoming null and void.
Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP
Planner Senior Planner
Attach:
• Site Plan Submitted with Application Form
• Garage Plan Submitted with Application Form
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TILE ANNEX /iS ECCLES ST. OTTAWA ON KIR 683
j 613.567.7888 PHONE ! 613.567.7528 FAX KITCHENER, ON. N2M 2P5 DRAWN BY: LN
o Christopher <aald;i<a.<°. DRAWING TITLE: JOB No: 578-15
Simmonds GARAGE PLAN DRAWING No:
Architect ASK 1
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.
Staff Repod
Development Services Department
J
wR
www.kitchener. ca
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
September 18, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
PREPARED BY:
Craig Dumart, Junior Planner - 519-741-2200 ext. 7073
WARD:
2
DATE OF REPORT:
September 7, 2018
REPORT #:
DSD -18-121
SUBJECT:
APPLICATION #: B2018-063 - B2018-113
210-282 Rivertrail Avenue, 125-181 Grand Flats Trail, 124-148
Grand Flats Trail. 45-53 Valley Brook Drive, & 54-78 Valleybrook
Drive.
Applicant: Patrick Haramis
Approve with Conditions
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Location Map: 210-282 Rivertrail Avenue, 125-181 Grand Flats Trail, 124-148 Grand Flats
Trail. 45-53 Valley Brook Drive, & 54-78 Valleybrook Drive.
REPORT
Planning Comments:
The subject lands front onto Rivertrail Avenue, Grand Flats Trail and Crosswinds Drive in the
Grand River Flats Subdivision, located in the Grand River South Planning Neighbourhood
adjacent to Old Zeller Drive and Fairway Road North. The subject lands are comprised of
municipal addresses 210-282 Rivertrail Avenue, 125-181 Grand Flats Trail, 124-148 Grand
Flats Trail. 45-53 Valley Brook Drive, & 54-78 Valleybrook Drive. The location of the subject lots
are outlined on the Location Map above. These lots are currently vacant and are proposed to be
developed with single detached dwellings with a zero side yard setback.
The applicant is requesting consent to create a total of 51 easements measuring 1.5 metres
wide (0.3 metres for encroachment and 1.2 metres for maintenance) and 27.5 metres in length.
The purpose of each easement is to provide property owners with the ability to legally enter onto
the neighbouring property to access the side of the dwelling for maintenance purposes only.
The properties are designated Low Rise Residential in the City's Official Plan and zoned
Residential Four Zone (R-4) in Zoning By-law 85-1. The R-4 zone permits single detached
dwellings to be sited on a lot with a zero side yard setback, where a maximum encroachment of
0.3 metres into abutting lands is provided for the projection of eaves and a 1.5 metre easement
is granted by the owner of the subject abutting lands for the maintenance of walls, eaves and
real property.
City Planning staff conducted a site inspection of the subject lands on August 22, 2018.
_. A
Existing Undeveloped Lots on Rivertrail Avenue.
2
Staff does not have any concerns with the applications as the easements are required by the
Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of
the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the easements are
considered good planning that satisfies the policies of both the City's Official Plan and the
Provincial Policy Statement.
Based on the foregoing, Planning staff recommends that Consent Applications B2018-063 to
B2018-113 requesting consent to consent to create a total of 51 easements measuring 1.5 wide
(0.3 metres for encroachment and 1.2 metres for maintenance) and between 26.99 and 29
metres in length, be approved, subject to the conditions listed in the Recommendation section
of this report.
Heritage Planning Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
No concerns.
Building Comments:
The Building Division has no objections to the proposed consent applications — a separate building
permit will be required for construction of each new building.
Operations Comments:
No parkland dedication is required by way of condition for the creation of legal easements that
will establish encroachment and maintenance rights in favour of the subject residential
properties lands, as new developable lots will not be created through the application.
Engineering Comments:
A grading plan showing how the property line swales are being implemented (in conjunction with
the home footprint) as per the approved lot grading plan from the subdivision drawings will be
required to the satisfaction of the Engineering Division prior to the easement approval.
Transportation Services Comments:
Transportation Services has no concerns with the proposed applications.
RECOMMENDATION
That Consent Applications B2018-063 - B2018-113 requesting consent to create a total of 51
easements measuring 1.5 wide (0.3 metres for encroachment and 1.2 metres for maintenance)
and 27.5 metres in length, be approved, subject to the following:
That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario
Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one full size paper
copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's
Digital Submission Standards to the satisfaction of the City's Mapping Technologist.
2. That the owners of the proposed dominant lands and servient lands, enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the said easements
are maintained in perpetuity, which agreement shall be registered on title immediately following
the Transfer Easement.
3
3. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and
immediately thereafter, the approved joint maintenance agreement, be provided to the City
Solicitor.
4. The City Solicitor be provided with copies of the registered Transfer Easement and joint
maintenance agreement immediately following registration.
5. 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;
6. A grading plan showing how the property line swales are being implemented (in conjunction with
the home footprint) as per the approved lot grading plan from the subdivision drawings will be
required to the satisfaction of the Engineering Division prior to the easement approval.
Craig Dumart, BES, MCIP, RPP
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
Region of Waterloo
Mra►rem 1111134i1WilliE:3:411
September 7, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N213 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterl oo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications
B2018-063 through B2018-115
Committee of Adjustment Hearing September 18, 2018
CITY OF KITCHENER
B2018-063 through B2018-071
210 to 242 Rivertrail Avenue
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
B2018-072 through B2018-081
246 to 282 Rivertrail Avenue
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
Document Number: 2814000 Version: 1
B2018-082 through B2018-096
125 to 181 Grand Flats Trail
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
B2018-097 through B2018-106
45 to 53 Valleybrook Drive and 124 to 148 Grand Flats
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
B2018-107 through B2018-113
54 to 78 Valleybrook Drive
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
B2018-114
94 Fifth Avenue
C.V. Woolner & Associates Ltd.
The owner/applicant is proposing a lot severance to create a new residential lot.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Document Number: 2814000 Version: 1
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the application subject to the following
conditions:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
B2018-115
44 Franklin Street South
2211452 Ontario Inc.
The owner/applicant is proposing a lot severance to create a new residential lot.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained residential lots will be impacted from road noise from King
Street By-pass, Kingsway Drive and Franklin Street South.
The owner/applicant is required to enter into a registered agreement with the City of
Kitchener to include the following noise attenuation measures and noise warning
clauses in all offers of purchase/sale or rental agreements for the residential units on
the severed and retained lots:
a) The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to increasing road
traffic King Street By-pass, Kingsway Drive and Franklin Street South 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
Document Number: 2814000 Version: 1
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 Ministry of Environment, Conservation and Parks
(MOECP)".
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the application subject to the following
conditions:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
2) That prior to final approval, the applicant enters into a registered 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 unit will be fitted with forced air -ducted heating system suitably sized and
designed with provision for the installation of air conditioning in future, at the
occupant's discretion.
b. The following noise warning clause will be included in all offers of purchase/
sale, and rental agreements:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic King Street By-pass, Kingsway Drive and
Franklin Street South 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
Document Number: 2814000 Version: 1
remain closed, thereby ensuring that the indoor sound levels are within
the sound level limits of the Waterloo Region and the Ministry of
Environment, Conservation and Parks (MOECP)".
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above.
Should you require Regional Staff to be in attendance at the meeting or have any
questions, please do not hesitate to contact the undersigned.
Yours truly,
1 ��� '5
Matthew Colley
Planner
Document Number: 2814000 Version: 1
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.
Staff Repod
J
K R
Development Services Department
www.kitchener.ca
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
Committee of Adjustment
September 18, 2018
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Craig Dumart, Junior Planner - 519-741-2200 ext. 7073
3
September 7, 2018
DSD -18-122
APPLICATION #: B2018-114
94 Fifth Avenue
Applicant: Clive Woolner
Approve with Conditions
Location Map: 94 Fifth Avenue
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REPORT
Planning Comments:
The subject property is designated Low Rise Residential in the City's 2014 Official Plan and
zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The subject property is currently
being developed with a single detached dwelling. The existing development of the
neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings and
multiple dwellings. Lot sizes vary in width, depth, and area in this nieghbourhood.
The Owner is requesting permission to sever the subject lands into two lots to allow for a single
detached dwelling on each lot. The severed lot would have a lot width of 10.069 metres, a depth
of 40.485 metres, and an area of 407.4 square metres. The retained lot would have a lot width
of 10.069 metres, a depth of 40.485 metres, and an area of 407.7 square metres.
City Planning staff conducted a site inspection of the property on August 22, 2018
2
Existing lot with single detached dwelling under construction at 94 Fifth Avenue.
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning
Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and
shape of the proposed lots are suitable for the use of the lands and compatible with the
surrounding community. The lands front onto a public street and full services are available.
Planning staff is of the opinion that the proposal conforms with the regulations of the Residential
Four Zone (R-4). The proposed severance conforms to the City's Official Plan and the
configuration of the proposed lots can be considered appropriate for the use of the lands.
The lots conform to policy 17.E.20.5 of the Official Plan. Both the retained and severed lots
reflect the general scale and character of the established development pattern of surrounding
lands.
Based on the foregoing, Planning staff recommends that Consent Application B2018-0114,
requesting consent to sever the subject property into two lots to be approved, subject to the
conditions listed in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services
(DGSSMS) allows only one service per lot. Should a severance be approved, additional services
3
will be required for severed lot — a building permit will be required for this work. Separate building
permit(s) will also be required for construction of new building
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
No Environmental Planning issues or concerns.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new ones that may be required to service this property, all
prior to severance approval. Our records indicate sanitary, storm and water municipal
services are currently available to service this property. Any further enquiries in this
regard should be directed to Jason Brule (519-741-2200 ext. 7419).
• It is noted that this property is located in the Montgomery -Freeport Sanitary
Drainage Area. There is currently a development freeze in this area until the final
phase of the Freeport Sanitary Pumping Station is complete. Engineering will not
approve any Off -Site Works applications for this site until the pumping station
works are complete. Anticipated timing for this is end of year 2018.
• Any new driveways are to be built to City of Kitchener standards. All works is at the
owner's expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system and proposed
easements will be required to the satisfaction of the Engineering Division prior to
severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM
etc.) with corresponding layer names and asset information to the satisfaction of the
Engineering Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by
gravity to the street sewers. If this is not the case, then the owner would have to pump
the sewage via a pump and forcemain to the property line and have a gravity sewer from
the property line to the street.
Operations Comments:
• A cash -in -lieu of land park dedication is required on the severed parcel having 10.069
lineal metres frontage, in the amount $4,631.74 as a new development lot will be created
as result of the proposed severance. Parkland dedication is calculated at 5% of the per
metre lineal frontage land value for the severed parcel.
• The Applicant is advised that there is a City owned tree within the Fifth Avenue frontage
of the subject parcel, which is to be protected from construction related damage and
removal in accordance with By-law Chapter 690, Articles 3 and 4. Removal of a City
owned tree will require suitable compensation to the City.
RECOMMENDATION:
That Application B2018-114 requesting consent to sever the subject property into two lots be
approved, subject to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of the
City's Revenue Division;
2. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $4,631.71. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage land
value for the severed portion.
3. That the owner provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one
full size paper copy of the plan(s). The digital file needs to be submitted according to
the City of Kitchener's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
4. That the Owner make financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the severed
and/or retained lands.
5. That any new driveways be built to City of Kitchener standards at the Owner's expense
prior to occupancy of the building to the satisfaction of the City's Engineering Division.
6. That the Owner provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
7. That the Owner submit a complete Development Asset Drawing (digital AutoCAD) for
the site (servicing, SWM etc.) with corresponding layer names and asset information
to the satisfaction of the Engineering Division prior to severance approval.
8. That the Owner provides Engineering staff with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then the
owner would have to pump the sewage via a pump and forcemain to the property line
and have a gravity sewer from the property line to the street to the satisfaction of the
Director of Engineering Services.
9. The Owner ensures any boulevard trees identified by the City for retention are
protected during construction to the satisfaction of the City's Operations staff. 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 staff.
5
10. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
Craig Dumart, BES, MCIP, RPP
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
L
Region of Waterloo
Mra►rem 1111134i1WilliE:3:411
September 7, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N213 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterl oo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications
B2018-063 through B2018-115
Committee of Adjustment Hearing September 18, 2018
CITY OF KITCHENER
B2018-063 through B2018-071
210 to 242 Rivertrail Avenue
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
B2018-072 through B2018-081
246 to 282 Rivertrail Avenue
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
Document Number: 2814000 Version: 1
B2018-082 through B2018-096
125 to 181 Grand Flats Trail
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
B2018-097 through B2018-106
45 to 53 Valleybrook Drive and 124 to 148 Grand Flats
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
B2018-107 through B2018-113
54 to 78 Valleybrook Drive
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
B2018-114
94 Fifth Avenue
C.V. Woolner & Associates Ltd.
The owner/applicant is proposing a lot severance to create a new residential lot.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Document Number: 2814000 Version: 1
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the application subject to the following
conditions:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
B2018-115
44 Franklin Street South
2211452 Ontario Inc.
The owner/applicant is proposing a lot severance to create a new residential lot.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained residential lots will be impacted from road noise from King
Street By-pass, Kingsway Drive and Franklin Street South.
The owner/applicant is required to enter into a registered agreement with the City of
Kitchener to include the following noise attenuation measures and noise warning
clauses in all offers of purchase/sale or rental agreements for the residential units on
the severed and retained lots:
a) The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to increasing road
traffic King Street By-pass, Kingsway Drive and Franklin Street South 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
Document Number: 2814000 Version: 1
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 Ministry of Environment, Conservation and Parks
(MOECP)".
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the application subject to the following
conditions:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
2) That prior to final approval, the applicant enters into a registered 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 unit will be fitted with forced air -ducted heating system suitably sized and
designed with provision for the installation of air conditioning in future, at the
occupant's discretion.
b. The following noise warning clause will be included in all offers of purchase/
sale, and rental agreements:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic King Street By-pass, Kingsway Drive and
Franklin Street South 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
Document Number: 2814000 Version: 1
remain closed, thereby ensuring that the indoor sound levels are within
the sound level limits of the Waterloo Region and the Ministry of
Environment, Conservation and Parks (MOECP)".
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above.
Should you require Regional Staff to be in attendance at the meeting or have any
questions, please do not hesitate to contact the undersigned.
Yours truly,
1 ��� '5
Matthew Colley
Planner
Document Number: 2814000 Version: 1
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.
Staff Repod
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
J
wR
www.kitchener. ca
Committee of Adjustment
September 18th, 2018
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Eric Schneider, Junior Planner - 519-741-2200 ext. 7843
3
September 10th, 2018
DSD -18-123
APPLICATION #: B2018-115
44 Franklin Street South
Applicant: Adrian Rosu
Approve with conditions
Location Map: 44 Franklin Street South
Proposed lot fabrics
REPORT
Planning Comments:
The subject property is zoned Residential Four Zone (R-4) in the Zoning By-law and designated
Low Rise Residential in the City's 2014 Official Plan. The lands are currently being developed
with a semi-detached dwelling. The existing development of the neighbourhood consists of a
mix of single detached dwellings and multiple dwellings. Lot sizes vary in width, depth, and area
in this neighborhood.
The Owner is requesting permission to sever the subject lands into two lots to allow separate
ownership of each semi-detached unit. The severed lot would have a lot width of 8.39 metres, a
depth of 40.23 metres, and an area of 337 square metres. The retained lot would have a lot
width of 8.39 metres, a depth of 40.23 metres, and an area of 337 square metres.
City Planning staff conducted a site i
W7
ust 31 st, 2018.
Existing semi-detached dwelling under construction at 44 Franklin Street South
2
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning
Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and
shape of the proposed lots are suitable for the use of the lands and compatible with the
surrounding community. The lands front onto a public street and full services are available.
The proposed lots conform to the 2014 Official Plan. Both the retained and severed lots reflect
the general scale and character of the established development pattern of surrounding lands.
Based on the foregoing, Planning staff recommends that Consent Application B2018-115,
requesting consent to sever the subject property into two lots to allow separate ownership of
each semi-detached unit be approved, subject to the conditions listed in the Recommendation
section of this report.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services
(DGSSMS) allows only one service per lot. Should a severance be approved, additional
services will be required for severed lot.
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
No environmental planning concerns as the existing dwelling has been demolished and the
semi-detached dwelling is under construction.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new ones that may be required to service this property, all prior to
severance approval. Our records indicate sanitary, storm and water municipal services are
currently available to service this property. Any further enquiries in this regard should be
directed to Jason Brule (519-741-2200 ext. 7419).
It is noted that this property is located in the Montgomery -Freeport Sanitary Drainage
Area. There is currently a development freeze in this area until the final phase of the
Freeport Sanitary Pumping Station is complete. Engineering will not approve any Off -
Site Works applications for this site until the pumping station works are complete.
Anticipated timing for this is end of year 2018.
Any new driveways are to be built to City of Kitchener standards. All works is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
3
A servicing plan showing outlets to the municipal servicing system and proposed easements will
be required to the satisfaction of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.)
with corresponding layer names and asset information to the satisfaction of the Engineering
Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Operations Comments:
A cash -in -lieu of land park dedication is required on the severed parcel having 8.394 lineal
metres frontage, in the amount $3,861.24 as a new development lot will be created as result of
the proposed severance. Parkland dedication is calculated at 5% of the per metre lineal
frontage land value for the severed parcel.
RECOMMENDATION:
That Application B2018-115 requesting consent to sever the subject property into two lots be
approved, subject to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of the
City's Revenue Division;
2. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $3,861.24. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage land
value for the severed portion.
3. That the owner provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one
full size paper copy of the plan(s). The digital file needs to be submitted according to
the City of Kitchener's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
4. That the Owner make financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the severed
and/or retained lands.
5. That any new driveways be built to City of Kitchener standards at the Owner's expense
prior to occupancy of the building to the satisfaction of the City's Engineering Division.
6. That the Owner provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
7. That the Owner submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together
with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system to
the satisfaction of the Director of Engineering Services.
8. That the Owner provides Engineering staff with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then the
owner would have to pump the sewage via a pump and forcemain to the property line
and have a gravity sewer from the property line to the street to the satisfaction of the
Director of Engineering Services.
9. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
Eric Schneider, BES
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
5
Region of Waterloo
Mra►rem 1111134i1WilliE:3:411
September 7, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N213 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterl oo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications
B2018-063 through B2018-115
Committee of Adjustment Hearing September 18, 2018
CITY OF KITCHENER
B2018-063 through B2018-071
210 to 242 Rivertrail Avenue
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
B2018-072 through B2018-081
246 to 282 Rivertrail Avenue
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
Document Number: 2814000 Version: 1
B2018-082 through B2018-096
125 to 181 Grand Flats Trail
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
B2018-097 through B2018-106
45 to 53 Valleybrook Drive and 124 to 148 Grand Flats
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
B2018-107 through B2018-113
54 to 78 Valleybrook Drive
Milestone Developments Inc. c/o Patrick Haramis OLS
The owner/applicant is proposing to facilitate easements for each of the specified lots
for the purposes of encroachment and maintenance. All parcels are intended for
residential development
Regional staff has no objection to the subject applications.
B2018-114
94 Fifth Avenue
C.V. Woolner & Associates Ltd.
The owner/applicant is proposing a lot severance to create a new residential lot.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Document Number: 2814000 Version: 1
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the application subject to the following
conditions:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
B2018-115
44 Franklin Street South
2211452 Ontario Inc.
The owner/applicant is proposing a lot severance to create a new residential lot.
Community Planning:
Pursuant to Region Fee By-law 17-076, the applicant is required to submit the Region's
Consent Application Fee of $350.00 per new lot prior to final approval of the consent.
Corridor Planning:
The severed and retained residential lots will be impacted from road noise from King
Street By-pass, Kingsway Drive and Franklin Street South.
The owner/applicant is required to enter into a registered agreement with the City of
Kitchener to include the following noise attenuation measures and noise warning
clauses in all offers of purchase/sale or rental agreements for the residential units on
the severed and retained lots:
a) The residential dwelling will be fitted with forced air -ducted heating system
suitably sized and designed with provision for the installation of air conditioning in
future, at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers / tenants are advised that sound levels due to increasing road
traffic King Street By-pass, Kingsway Drive and Franklin Street South 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
Document Number: 2814000 Version: 1
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 Ministry of Environment, Conservation and Parks
(MOECP)".
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the application subject to the following
conditions:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
2) That prior to final approval, the applicant enters into a registered 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 unit will be fitted with forced air -ducted heating system suitably sized and
designed with provision for the installation of air conditioning in future, at the
occupant's discretion.
b. The following noise warning clause will be included in all offers of purchase/
sale, and rental agreements:
"The purchasers / tenants are advised that sound levels due to
increasing road traffic King Street By-pass, Kingsway Drive and
Franklin Street South 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
Document Number: 2814000 Version: 1
remain closed, thereby ensuring that the indoor sound levels are within
the sound level limits of the Waterloo Region and the Ministry of
Environment, Conservation and Parks (MOECP)".
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above.
Should you require Regional Staff to be in attendance at the meeting or have any
questions, please do not hesitate to contact the undersigned.
Yours truly,
1 ��� '5
Matthew Colley
Planner
Document Number: 2814000 Version: 1
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.