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HomeMy WebLinkAboutCA - 2018-08-21COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:24 a.m. Present: Mr. A. Head, Vice -Chair Ms. J. Meader Mr. B. McColl Officials: Ms. J. von Westerholt, Senior Planner Ms. F. Hossenin, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. B. McColl Seconded by Ms. J. Meader That the regular minutes of the Committee of Adjustment meeting held July 17, 2017, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2018-070 Applicant: Tikl Holdings Inc. Property Location: 207 Centennial Court Legal Description: Lot 8, Plan 1698 Appearances: In Support: C. Fitzpatrick Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an addition in the side yard abutting Centennial Road on an existing autobody repair shop having a rear yard setback of 1.73m rather than the required 7.5m. The Committee considered Development Services Department report DSD -18-083 dated August 9, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 13, 2018, advising they have no concerns with this application. Ms. C. Fitzpatrickwas in attendance in support of the subject application and staff recommendation. In response to questions, she stated the property is in the process of being consolidated, noting the front portion of the site had been vacant. Mr. B. McColl suggested, and it was agreed, that a condition requiring the applicant to obtain a building permit be included as part of the Committee's decision. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of TIKL HOLDINGS INC. requesting permission to construct an addition in the side yard abutting Centennial Road on an existing autobody repair shop having a rear yard setback of 1.7m rather than the required 7.5m, on Lot 8, Plan 1698, 207 Centennial Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -216- CITY OF KITCHENER 1. Submission No.: A 2018-070 (Cont'd) 1. That the owner shall obtain a building permit for the proposed addition to the satisfaction of the City's Building Division. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 2. Submission No.: A 2018-071 Applicant: Shelane Properties Inc. Property Location: 545 Trillium Drive Legal Description: Part Lot 14, Plan 1471, being Part 9 on Reference Plan 58R-7264 Appearances: In Support: N. O'Malley Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to allow an office use in an existing industrial building currently Zoned B1, whereas the By-law does not permit office use in a 131 Zone. The Committee considered Development Services Department report DSD -18-084 dated August 14, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 13, 2018, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated August 13, 2018, advising although they have no objection to this application, they noted a portion of the property lies below the Regulatory Floodline Elevation of Strasburg Creek. The property is also adjacent to the Provincially Significant Strasburg Creek Wetland Complex. The wetland is currently being utilized as a stormwater management facility. The property is also adjacent to a branch of Strasburg Creek. If any new development is proposed, including a change to the existing building to create a new unit, a permit from the GRCA will be required pursuant to Ontario Regulation 150/06. Mr. N. O'Malley was in attendance in support of the subject application and staff recommendation. He questioned the proposed condition related to a building permit, noting there may be no construction on the subject property. Ms. J. von Westerholt stated it would be her preference that the proposed condition remain as the applicant is requesting a change of use for the subject property. She added the condition could be waived by the Building Department if it was deemed unnecessary. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -217- CITY OF KITCHENER 2. Submission No.: A 2018-071 (Cont'd) Ms. J. Meader requested, and it was agreed, that Condition 1 be amended to clarify the requirement by noting that a building permit shall be obtained for a change of use if required by the Building Code Act to the satisfaction of the Building Division. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of SHELANE PROPERTIES INC. requesting permission to allow an office use in an existing multi -use industrial building Zoned B1, whereas the By-lawdoes not permit office use in a 131 Zone, on Part Lot 14, Plan 1471, being Part 9 on Reference Plan 58R-7264, 545 Trillium Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit for the proposed change of use, if required under the Building Code Act to the satisfaction of the City's Building Division. 2. That Site Plan SP 05/35/T/LT be updated, as required by the Manager of Site Development and Customer Service, to indicate the correct amount of parking spaces provided; and, this update will include demarcation of all parking spaces; 3. That the owner shall ensure the area of the office be limited to a maximum of 100 square metres. 4. That the owner shall ensure the above noted conditions are completed by March 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. 5. That the owner shall make satisfactory financial arrangement with the Grand River Conservation Authority (GRCA) for the application plan review fee. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 3. Submission No.: A 2018-072 Applicant: Christian Snyder Property Location: 47 Water Street North Legal Description: Lot 157, Plan 374 Appearances: In Support: C. Snyder Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -218- CITY OF KITCHENER 3. Submission No.: A 2018-072 (Cont'd) The Committee was advised the applicant is requesting permission to reconstruct a deck in the rear yard of an existing single detached dwelling having a rear yard setback of 0.71m rather than the required 4m. The Committee considered Development Services Department report DSD -18-085 dated August 14, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 13, 2018, advising they have no concerns with this application. Mr. C. Snyder was in attendance in support of the subject application and staff recommendation. Mr. B. McColl noted comments from the Environmental Planning staff with regards to an existing tree. Mr. Snyder stated he believes the tree is located within the subject property, adding an arbourist has been consulted with regards to pruning the tree. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of CHRISTIAN SNYDER requesting permission to reconstruct a deck in the rear yard of an existing single detached dwelling having a rear yard setback of 0.71m rather than the required 4m, on Lot 157, Plan 374, 47 Water Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit for the proposed deck. 2. That the owner shall ensure the above noted condition is completed by March 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 4. Submission No.: A 2018-073 Applicants: 2522935 Ontario Inc. Property Location: 42 Crosswinds Drive Legal Description: Lot 145, Registered Plan 58M-597 Appearances: In Support: P. Ha Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -219- CITY OF KITCHENER 4. Submission No.: A 2018-073 (Cont'd) The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway located 7.93m from the intersection of Valleybrook Drive and Crosswinds Drive rather than the required 9m setback. The Committee considered Development Services Department report DSD -18-086 dated August 13, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 13, 2018, advising they have no concerns with this application. Mr. P. Ha was in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of 2522935 ONTARIO INC. requesting permission to construct a single detached dwelling having a driveway located 7.93m from the intersection of Valleybrook Drive and Crosswinds Drive rather than the required 9m setback, on Lot 145, Registered Plan 58M-597, 42 Crosswinds Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the Building Division for the proposed single detached dwelling. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 5. Submission No.: A 2018-074 Applicant: 2522935 Ontario Inc. Property Location: 390 Rivertrail Avenue Legal Description: Lot 213, Registered Plan 58M-597 Appearances: In Support: P. Ha Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway located 7.96m from the intersection of Crosswinds Drive and Rivertrail Avenue rather than the required 9m setback. The Committee considered Development Services Department report DSD -18-087 dated August 13, 2018, recommending approval of this application subject to the condition outlined in the Report.. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 13, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -220- CITY OF KITCHENER 5. Submission No.: A 2018-074 (Cont'd) Mr. P. Ha was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of 2522935 ONTARIO INC. requesting permission to construct a single detached dwelling having a driveway located 7.96m from the intersection of Crosswinds Drive and Rivertrail Avenue rather than the required 9m setback, on Lot 213, Registered Plan 58M-597, 390 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a building permit from the Building Division for the proposed single detached dwelling by August 21, 2019. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 6. Submission No.: A 2018-075 Applicant: Roland Drasdo Property Location: 70 Dumart Place Legal Description: Part Lot 112, German Company Tract, being Parts 3 & 4 on Reference Plan 58R-4941 Appearances: In Support: R. Drasdo Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize a rear yard setback of 3.124m for an existing shed rather than the required 3.82m. The Committee considered Development Services Department report DSD -18-088 dated August 13, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 13, 2018, advising they have no concerns with this application. Mr. R. Drasdo was in attendance in support of the subject application and staff recommendation. He confirmed a similar application for the subject property was before the Committee at the June 19, 2018 meeting. He noted a further reduction to the rear yard setback was being requested this date. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -221- CITY OF KITCHENER 6. Submission No.: A 2018-075 (Cont'd) Ms. J. Meader requested, and it was agreed, a condition be included in the Committee's decision this date requiring approval of a landscape plan. It was agreed that Condition 3 from the June 19, 2018 decision be added to the decision this date, specifically stating "that the owner shall receive approval for a landscape plan from the Urban Designer in conjunction with the Stamp Plan B application." Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ROLAND DRASDO requesting permission to legalize a rear yard setback of 3.124m for an existing shed rather than the required 3.82m, on Part Lot 112, German Company Tract, being Parts 3 & 4 on Reference Plan 58R-4941, 70 Dumart Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall receive approval for a landscape plan from the Urban Designer in conjunction with the Stamp Plan B application. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-076 Applicant: Leo Wolynetz Property Location: 295 Lancaster Street West Legal Description: Subdivision of Lot 4, Part Lot 23, German Company Tract Appearances: In Support: M. Sadler Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a deck in a Commercial Zone located 1 m from the property line abutting Lancaster Street West rather than the required 3m for use by an existing restaurant. The Committee considered Development Services Department report DSD -18-089 dated August 10, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 13, 2018, advising although they have no concerns with this application, they noted a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at the Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment agreement may be required, all at the applicant's expense. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -222- CITY OF KITCHENER Submission No.: A 2018-076 (Cont'd Mr. M. Sadler was in attendance in support of the subject application and staff recommendation. In response to questions, he stated he has applied for a building permit, adding a stairway is not required due to the height of the deck. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of LEO WOLYNETZ requesting permission to construct a deck in a Commercial Zone located 1 m from the property line abutting Lancaster Street West rather than the required 3m, on Subdivision of Lot 4, Part Lot 23, German Company Tract, 295 Lancaster Street West, Unit B, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the City's Building Division for the proposed addition by May 1, 2019 2. That the owner shall provide a landscaped buffer within the 1.0 metre setback to the satisfaction of the Manager of Site Development and Customer Services. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 8. Submission No.: A 2018-077 Applicant: 388 King Kitchener Inc. Property Location: 388-400 King Street East Legal Description: Part Lot 15, Plan 364 Appearances: In Support: P. Chauvin A. Doran Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 7 -storey multi - residential dwelling containing 72 -units with retail uses on the ground floor, having 48 off-street parking spaces (0.7 space/per-unit) rather than the required 72 off-street parking spaces (1.0 space/per-unit) for dwelling units; having 5 off-street visitor parking spaces (10%) rather than the required 10 off-street visitor parking spaces (20%) [Note: the specified visitor parking spaces provided and required are based on the requested residential parking minor variance, rather than the Zoning By-law requirement of 14 spaces]; having 2 retail parking spaces rather than the required 5 retail parking spaces; having 4% of the provided parking as barrier -free (i.e., 2 spaces) whereas the By-law requires 4% of parking required as barrier -free (i.e., 4 spaces); and, to permit supported balconies in the rear yard whereas the By-law does not permit supported balconies in the rear yard. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -223- CITY OF KITCHENER 8. Submission No.: A 2018-077 (Cont'd) The Committee considered Development Services Department report DSD -18-090 dated August 14, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 13, 2018, advising they have no concerns with this application. Mr. P. Chauvin was in attendance in support of the subject application and staff recommendation. He circulated a copy of the site plan, noting the applicant is currently undergoing the Site Plan Approval in Principle process. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of 388 KING KITCHENER INC. requesting permission to construct a 7 -storey multi -residential dwelling containing 72 -units with retail uses on the ground floor, having 48 off- street parking spaces (0.7 space/per-unit) rather than the required 72 off-street parking spaces (1.0 space/per-unit) for dwelling units; having 5 off-street visitor parking spaces (7%) rather than the required 10 off-street visitor parking spaces (20%); having 0 off-street parking spaces for 114 sq. m. of retail use whereas the By-law requires 5 off-street parking spaces for retail use [114 sq. m. retail Ground Floor Area (GFA)/20.00) - 20%]; and, to permit supported balconies in the rear yard whereas the By-law does not permit supported balconies in the rear yard, on Part Lot 15, Plan 364, 388-400 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall enter into an agreement to be registered on the title of the property to require certain Transportation Demand Management measures are implemented to mitigate impacts from the parking reduction. Specifically, these measures shall include requirements for unbundled parking, secured bicycle parking spaces, and transit passes, to the satisfaction of the Director of Transportation Services. 2. That the owner shall ensure the rear yard setback for balconies be in general conformity with the 6.205 metre setback shown on the plan submitted with the subject application, to the satisfaction of the City's Director of Planning. 3. That the owner shall ensure this approval shall apply only to the development proposed through Site Plan Application SP18/051/K/AP. 4. That the owner shall ensure all conditions are completed prior to August 21, 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. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -224- CITY OF KITCHENER 9. Submission No.: A 2018-078 Applicant: Andrin Next Limited Property Location: 120, 130, 140 King Street West, 31 Young Street & 55 Duke Street West Legal Description: Lot 6 and Part Lots 7 & 8, Plan 362, Part Lot 7, Registered Plan 401 Appearances: In Support: K. Muir A. Marchildon S. Kamalanathan S. Ho Contra: B. Kelly D. Moore D. Gillingham Written Submissions: None The Committee was advised the applicant is requesting permission to construct a multi -residential development having 296 units with retail uses on the ground floor along the King Street frontage having a height of 74.5m rather than a maximum height of 52.86m measured as a horizontal distance with a 45 -degree relationship from the south side of King Street West; to have a height of 17.25m for the portion of a building set back less than 6m on a lot fronting King Street rather than the maximum permitted height of 12m; to permit an exemption from the fapade opening regulation from the 50% area of the ground floor fapade to have an opening with a maximum of 4m spacing between openings for the frontage along Duke Street only (where a heritage fapade is incorporated into the building design); and, to permit off-street parking spaces to be calculated at a ratio of 0.95 spaces/per-unit rather than 1 space/per-unit. The Committee considered Development Services Department report DSD -18-091 dated August 15, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 13, 2018, advising they have no concerns with this application. Mr. K. Muir and Ms. A. Marchildon were in attendance in support of the subject application and staff recommendation. Mr. B. Kelly was in attendance on behalf of a client who is in opposition to the subject application. He circulated a submission outlining objections, stating as part of the agreement of purchase, the City agreed to find a suitable access for the Capital Theatre. Mr. Kelly stated that issue has not been resolved and thus no development of the subject property should proceed until that obligation has been addressed. Ms. J. von Westerholt advised she would need to seek legal advice regarding Mr. Kelly's submission and requested a recess at this time. The Committee recessed at 11:02 a.m. and reconvened at 11:22 a.m. with all members present, Chaired by Mr. A. Head. Ms. von Westerholt advised she is currently waiting to hear back from the City Solicitor on this matter and requested the application be held over until later in the agenda. This application was temporarily set aside and dealt with later on this same date COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -225- CITY OF KITCHENER 10. Submission Nos.: A 2018-079 to A 2018-094 Applicant: Activa Holdings Inc. Property Location: 3, 11, 13, 21, 23, 31, 33 & 41 Ridgemount Street and 3, 11, 13, 21, 23, 31, 33 & 41 Sportsman Hill Street Legal Description: Part Lot 8, Beasley's Old Survey Appearances: In Support: K. Wills M. Miranda Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct townhouse units having the following: A 2018-079 - 3 Ridgemount Street - a garage width of 100% rather than the maximum permitted garage width of 70%. A 2018-080 - 11 Ridgemount Street - a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 1 m rather than the required 2.5m. A 2018-081 - 13 Ridgemount Street - a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 1 m rather than the required 2.5m. A 2018-082 - 21 Ridgemount Street - a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 1 m rather than the required 2.5m. A 2018-083 - 23 Ridgemount Street - a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 1 m rather than the required 2.5m. A 2018-084 - 31 Ridgemount Street - a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 1 m rather than the required 2.5m. A 2018-085 - 33 Ridgemount Street - a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 1 m rather than the required 2.5m. A 2018-086 - 41 Ridgemount Street - a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 1 m rather than the required 2.5m. A 2018-087 - 3 Sportsman Hill Drive - a garage width of 100% rather than the maximum permitted garage width of 70%. A 2018-088 -11 Sportsman Hill Drive - a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.96m rather than the required 2.5m. A 2018-089 -13 Sportsman Hill Drive - a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 0.94m rather than the required 2.5m. A 2018-090 - 21 Sportsman Hill Drive - a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.94m rather than the required 2.5m. A 2018-091 - 23 Sportsman Hill Drive - a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 0.94m rather than the required 2.5m. A 2018-092 - 31 Sportsman Hill Drive - a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.94m rather than the required 2.5m. A 2018-093 - 33 Sportsman Hill Drive - a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 0.94m rather than the required 2.5m. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -226- CITY OF KITCHENER 10. Submission Nos.: A 2018-079 to A 2018-094 (Cont'd) A 2018-094 - 41 Sportsman Hill Drive - a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 2.03m rather than the required 2.5m. The Committee considered Development Services Department report DSD -18-092 dated August 14, 2018, recommending approval of these applications subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 13, 2018, advising they have no concerns with this application. Ms. K. Wills was in attendance in support of the subject applications and staff recommendations. Ms. J. Meader suggested, and it was agreed, that a condition be included as part of the Committee's decision this date to ensure approval of the applications regarding a side yard setback for the covered porches be as per the plans submitted with the application. Submission No.: A 2018-079 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%, on Part Lot 8, Beasley's Old Survey, 3 Ridgemount Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-080 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 11 Ridgemount Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -227- CITY OF KITCHENER 10. Submission Nos.: A 2018-079 to A 2018-094 (Cont'd) 2. That approval of Minor Variance Application A 2018-080 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-081 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 13 Ridgemount Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. 2. That approval of Minor Variance Application A 2018-081 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -228- CITY OF KITCHENER 10. Submission Nos.: A 2018-079 to A 2018-094 (Cont'd) Submission No.: A 2018-082 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 21 Ridgemount Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. 2. That approval of Minor Variance Application A 2018-082 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-083 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 23 Ridgemount Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. 2. That approval of Minor Variance Application A 2018-083 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -229- CITY OF KITCHENER 10. Submission Nos.: A 2018-079 to A 2018-094 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-084 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 31 Ridgemount Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. 2. That approval of Minor Variance Application A 2018-084 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-085 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 33 Ridgemount Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -230- CITY OF KITCHENER 10. Submission Nos.: A 2018-079 to A 2018-094 (Cont'd) 2. That approval of Minor Variance Application A 2018-085 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-086 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 41 Ridgemount Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. 2. That approval of Minor Variance Application A 2018-086 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -231- CITY OF KITCHENER 10. Submission Nos.: A 2018-079 to A 2018-094 (Cont'd) Submission No.: A 2018-087 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%, on Part Lot 8, Beasley's Old Survey, 3 Sportsman Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-088 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 11 Sportsman Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. 2. That approval of Minor Variance Application A 2018-088 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -232- CITY OF KITCHENER 10. Submission Nos.: A 2018-079 to A 2018-094 (Cont'd) Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-089 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 13 Sportsman Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. 2. That approval of Minor Variance Application A 2018-089 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-090 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 21 Sportsman Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. 2. That approval of Minor Variance Application A 2018-090 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -233- CITY OF KITCHENER 10. Submission Nos.: A 2018-079 to A 2018-094 (Cont'd) It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-091 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 23 Sportsman Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. 2. That approval of Minor Variance Application A 2018-091 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-092 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 31 Sportsman Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -234- CITY OF KITCHENER 10. Submission Nos.: A 2018-079 to A 2018-094 (Cont'd) That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. 2. That approval of Minor Variance Application A 2018-092 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2018-093 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, a westerly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 33 Sportsman Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. 2. That approval of Minor Variance Application A 2018-093 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -235- CITY OF KITCHENER 10. Submission Nos.: A 2018-079 to A 2018-094 (Cont'd) Submission No.: A 2018-094 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse unit having a garage width of 100% rather than the maximum permitted garage width of 70%; and, an easterly side yard setback of 0.94m rather than the required 2.5m, on Part Lot 8, Beasley's Old Survey, 41 Sportsman Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction by September 1, 2019. 2. That approval of Minor Variance Application A 2018-094 for the side yard setback related to the covered porch shall be substantially in accordance with the plans submitted with the application prepared by MHBC Planning dated July 13, 2018, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried CONSENT APPLICATIONS: Submission Nos.: B 2018-048 to B 2018-049 Applicant: 1917171 Ontario Inc. Property Location: Weichel Street (at Victoria Street South) Legal Description: Part Lot 4, Plan 793, being Part 6 on Reference Plan 58R-414 Appearances: In Support: S. Patterson S. O'Neill Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever 2 lots for residential development and retain 1 lot. All three proposed lots will have frontage on Weichel Street and will have the following dimensions: B 2018-048 (Amended) {Lot 1 - Proposed for Semi -Detached Dwellings} Width - 15m Depth - 38.06m Area - 548.5 sq. m. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -236- CITY OF KITCHENER 1. Submission Nos.: B 2018-048 & B 2018-049 (Cont'd) B 2018-049 (Amended) {Lot 2 - Proposed for Semi -Detached Dwellings} Width - 15m Depth - 38.99m Area - 562.1 sq. m. Retained Land (Lot Fronting onto Weichel Street) Width - 17.97m Depth - 40.78m The Committee considered Development Services Department report DSD -18-093 dated August 15, 2018, recommending approval of these application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated August 13, 2018, advising they have no objection to these applications, subject to the following conditions: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 2. That prior to final approval the applicant submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. 3. That prior to final approval, the applicant complete the required road widening dedication. 4. That prior to final approval, the applicant submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region to the satisfaction of the Region of Waterloo. 5. That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 6. That prior to final approval, the applicant submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. Mr. S. Patterson was in attendance in support of the subject applications and staff recommendations. He stated the measurements provided in the applications are in accordance with the daylight triangle requirements. Submission No.: B 2018-048 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of 1917171 ONTARIO INC. requesting permission sever a parcel of land identified as Severed Lot 1 on the plan submitted with the amended application, having a width of 15m, a depth of 38.06m and an area of 548.5 sq. m., on Part Lot 4, Plan 793, being Part 6 on Reference Plan 58R-414, Weichel Street (vacant lot, corner of Weichel Street and Victoria Street South), Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -237- CITY OF KITCHENER 1. Submission Nos.: B 2018-048 & B 2018-049 (Cont'd) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owner shall make financial arrangements, to the satisfaction of the City's Director of Engineering Services, for 100 percent of the cost of a municipal sidewalk on Weichel Street, along the full frontage the severed lots, or that the owner construct said sidewalk, to the satisfaction of the City's Engineering Services. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed and retained lands. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramps, on the severed and retained lands, or otherwise receive relief from Engineering Services for this requirement. 7. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services. 8. That the owner shall complete and submit the Development and Reconstruction As - Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City's to Engineering Services. 9. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That the owner shall prepare a Tree Preservation / Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted, except with the prior approval of the City's Director of Planning. 10. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 11. That the owner shall submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. 12. That the owner shall complete the required road widening dedication, to the satisfaction of the Region of Waterloo. 13. That the owner shall submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region, to the satisfaction of the Region of Waterloo. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -238- CITY OF KITCHENER 1. Submission Nos.: B 2018-048 & B 2018-049 (Cont'd) 14. That the owner shall submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 15. That the owner shall submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 21, 2020. Carried Submission No.: B 2018-049 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of 1917171 ONTARIO INC. requesting permission to sever a parcel of land identified as Severed Lot 2 on the plan submitted with the amended application, having a width of 15m, a depth of 38.99m and an area of 562.1 sq.m., on Part Lot 4, Plan 793, being Part 6 on Reference Plan 58R-414, Weichel Street (vacant lot, corner of Weichel Street and Victoria Street South), Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -239- CITY OF KITCHENER 1. Submission Nos.: B 2018-048 & B 2018-049 (Cont'd) 4. That the owner shall make financial arrangements, to the satisfaction of the City's Director of Engineering Services, for 100 percent of the cost of a municipal sidewalk on Weichel Street, along the full frontage the severed lots, or that the owner construct said sidewalk, to the satisfaction of the City's Engineering Services. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed and retained lands. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramps, on the severed and retained lands, or otherwise receive relief from Engineering Services for this requirement. 7. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services. 8. That the owner shall complete and submit the Development and Reconstruction As - Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City's to Engineering Services. 9. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: That the owner shall prepare a Tree Preservation / Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted, except with the prior approval of the City's Director of Planning. 10. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 for each new residential lot created. 11. That the owner shall submit a Record of Site Condition, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. 12. That the owner shall complete the required road widening dedication, to the satisfaction of the Region of Waterloo. 13. That the owner shall submit a Stage 1 and 2 Environmental Site Assessment for the portions of land to be dedicated to the Region, to the satisfaction of the Region of Waterloo. 14. That the owner shall submit an Environmental Noise Study to the Region of Waterloo for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. 15. That the owner shall submit a Site Grading and Drainage Plan, Site Servicing Plan, and Storm Water Management Plan, to the Region of Waterloo for review and approval, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -240- CITY OF KITCHENER 1. Submission Nos.: B 2018-048 & B 2018-049 (Cont'd) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 21, 2020. Carried 2. Submission No.: B 2018-055 Applicant: Amarsit and Arvind Paul Singh Property Location: 33 Second Avenue Legal Description: Lot 27, Plan 254 Appearances: In Support: J. Jennings Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 10m, a depth of 40m and an area of 400 sq.m. The retained land will have a width of 10m, a depth of 40m and an area of 400 sq.m. Both parcels of land are intended for single detached dwellings. The Committee considered Development Services Department report DSD -18-094 dated August 10, 2018, recommending approval of this application subject to the conditions outlined in the Reports. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated August 13, 2018, advising they have no objection to these applications, subject to the following conditions: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 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. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -241- CITY OF KITCHENER 2. Submission No.: B 2018-055 (Cont'd) The following noise warning clause will be included in all offers of purchase/ sale, and rental agreements: i. "The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Ms. J. Jennings was in attendance on behalf of the applicants in support of the subject application and staff recommendation. The Chair requested the comments from the Region of Waterloo be included in the Committee's decision. Ms. J. Meader stated she would not support a motion which included Condition 4 as outlined in the staff report requiring a site plan and elevation drawings. Ms. J. von Westerholt indicated the applicants were re -applying to the Committee as their previous application lapsed, noting a similar condition was included in the previous decision. Mr. B. McColl brought forward a motion to approve the subject application as outlined in the staff report, including the Region of Waterloo's conditions, which was seconded by Mr. A. Head. Ms. J. Meader voted in opposition. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of AMARJIT and ARVIND PAUL SINGH requesting permission to sever a parcel of land having a width of 10m, a depth of 40m and an area of 400 sq. m., on Lot 27, Plan 254, 33 Second Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City's Director of Planning. 4. That a site plan showing the location of the proposed dwellings on both the severed and retained lots, along with elevation drawings, be submitted to the satisfaction of the Director of Planning, illustrating that the proposed dwellings will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to the issuance of any building permit. 5. That the owner shall obtain a Demolition Control Application for removal of the existing dwelling. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -242- CITY OF KITCHENER 2. Submission No.: B 2018-055 (Cont'd) 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections and the removal of redundant services to the retained lands. 7. That the owner shall make arrangements financial or otherwise for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 9. That the owner shall ensure any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services Division. 10. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 11. That the owner shall provide Engineering Services staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the owner. 12. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $4,600.00. 13. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning and the Director of Operations 14. That the owner shall enter 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: COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -243- CITY OF KITCHENER 2. Submission No.: B 2018-055 (Cont'd) "The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". 15. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 21, 2020. Carried 3. Submission No.: B 2018-056 Applicant: Bojan Bijelic Property Location: 63 Plymouth Road Legal Description: Lot 27, Registered Plan 842 Appearances: In Support: B. Bijelic Contra: None Written Submissions: T. & J. Cahill The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a width of 8.382m, a depth of 33.528m and an area of 281sq.m. The retained land will have a width of 8.382m, a depth of 33.528m and an area of 281sq.m. The Committee considered Development Services Department report DSD -18-095 dated August 8, 2018, recommending approval of this application subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -244- CITY OF KITCHENER 3. Submission No.: B 2018-056 (Cont'd) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated August 13, 2018, advising they have no objection to this application, subject to the following conditions: That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2. That prior to final approval, the applicant enters into a registered development agreement with the 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: 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. The following noise warning clause will be included in all offers of purchase/sales, and rental agreements: "The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Mr. B. Bijelic was in attendance in support of the subject application and staff recommendation The Chair noted comments from the Region of Waterloo and requested their comments be included in the Committee's decision. He stated the Committee was in receipt of a written submission in opposition to the subject application. The Chair indicated the proposed development is an as -of - right use within the Bylaw for the subject property, which is outside of the Committee's consideration. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of BOJAN BIJELIC requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a width of 8.382m, a depth of 33.528m and an area of 281sq.m. The retained land will have a width of 8.382m, a depth of 33.528m and an area of 281sq.m., on Lot 27, Registered Plan 842, 63 Plymouth Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,855.72. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -245- CITY OF KITCHENER 3. Submission No.: B 2018-056 (Cont'd) 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services Division. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the owner shall provide Engineering Services staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 10. That the owner shall enter 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: i. "The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -246- CITY OF KITCHENER 3. Submission No.: B 2018-056 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 21, 2020. Carried 4. Submission No.: B 2018-057 Applicant: Vuk Vujevic and Dario Kokorovic Property Location: 103 Plymouth Road Legal Description: Lot 23, Registered Plan 842 Appearances: In Support: V. Vujevic Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a width of 8.37m, a depth of 43.49m and an area of 341sq.m. The retained land will have a width of 7.8m, a depth of 44.9m and an area of 360sq. m. The Committee considered Development Services Department report DSD -18-096 dated August 8, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated August 13, 2018, advising they have no objection to this application, subject to the following conditions: That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2. That prior to final approval, the applicant enters into a registered development agreement with the 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/sales, and rental agreements: COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -247- CITY OF KITCHENER 4. Submission No.: B 2018-057 (Cont'd) "The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". Mr. V. Vujevic was in attendance in support of the subject application and staff recommendation. The Chair noted comments from the Region of Waterloo for inclusion in the Committee's decision. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of VUK VUJEVIC and DARIO KOKOROVIC requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a width of 8.37m, a depth of 43.49m and an area of 341sq.m. The retained land will have a width of 7.8m, a depth of 44.9m and an area of 360sq.m., on Lot 23, Registered Plan 842, 103 Plymouth Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,588.00. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services Division. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the owner shall provide Engineering Services staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -248- CITY OF KITCHENER Submission No.: B 2018-057 (Cont'd) 9. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 10. That the owner shall enter 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: 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. 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 Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP)". It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 21, 2020. Carried 5. Submission No.: B 2018-058 Applicant: Polocorp Inc. Property Location: 379-389 Queen Street South Legal Description: Part Lot 6, Plan 397 Appearances: In Support: A. Stellings Contra: None COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -249- CITY OF KITCHENER 5. Submission No.: B 2018-058 (Cont'd) Written Submissions: None The Committee was advised the applicant is requesting permission to grant an easement over Part Lot 6, Registered Plan 397, being Part 2 on Reference Plan 58R-20127 in favour of the property municipally addressed as 399 Queen Street South, 168, 170, 172, 176, 178 & 180 Benton Street for servicing. The Committee considered Development Services Department report DSD -18-097 dated August 14, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated August 13, 2018, advising they have no objection to this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated August 13, 2018, advising although they have no objection to this application, they noted a portion of 399 Queen Street South is regulated due to the flood fringe of Schneider Creek, and the associated allowance to this feature. Due to the above noted feature, a portion of the subject lands is regulated by the GRCA under Ontario Regulation 150/06 Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Ms. A. Stellings noted she was in attendance in support of the subject application and staff recommendation. She provided an overview of the subject application. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of POLOCORP INC. requesting permission to grant an easement over Part Lot 6, Registered Plan 397, being Part 2 on Reference Plan 58R-20127, in favour of the properties municipally addressed as 399 Queen Street South, 168, 170, 172, 176, 178 & 180 Benton Street for servicing, on Part Lot 6, Plan 397, being Parts 1 & 2 on Reference Plan 58R- 20127, 379-389 Queen Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity. 3. That an updated Storm Water Servicing Plan shall be submitted and approved by the City's Director of Engineering Services showing the location of the catch basins. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -250- CITY OF KITCHENER 5. Submission No.: B 2018-058 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 21, 2020. Carried 6. Submission No.: B 2018-059 and B 2018-060 Applicant: FNF Enterprises Inc. Property Location: 640 & 654 Trillium Drive and 95 McBrine Place Legal Description: Part Lot 14 Plan 1471 Appearances: In Support: S. Patterson Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land municipally addressed as 95 McBrine Place having a width on McBrine Place of 86.98m, a depth of 86.329m and an area of 7,958 sq. m. Permission to sever a parcel of land municipally addressed as 654 Trillium Drive having a width of 45.08m, a depth of 107.041m and an area of 4,799.7 sq.m. The retained land municipally addressed as 640 Trillium Drive will have a width of 44.92m, a depth of 103.115m and an area of 4,486.7 sq.m. The properties will continue to be an industrial use. The Committee considered Development Services Department report DSD -18-098 dated August 8, 2018, recommending approval of these applications subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated August 13, 2018, advising they have no objection to these applications, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated August 13, 2018, advising although they have no objection to these applications, they noted the majority of 95 McBrine Place and 654 Trillium Drive, and a small portion of 640 Trillium Drive, are regulated due to the allowances associated with floodplain and the Provincially Significant Strasburg Creek Wetland Complex. Any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. Mr. S. Patterson was in attendance in support of the subject applications and staff recommendations, including the Regional conditions. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -251- CITY OF KITCHENER 6. Submission Nos.: B 2018-059 & B 2018-060 (Cont'd) Submission No.: B 2018-059 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of FNF ENTERPRISES INC. requesting permission to sever a parcel of land municipally addressed as 95 McBrine Place having a width on McBrine Place of 86.98m, a depth of 86.329m and an area of 7,958 sq.m., on Part Lot 14 Plan 1471, 640 & 654 Trillium Drive and 95 McBrine Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make satisfactory arrangements with the Director of Transportation for payment towards future sidewalk installation proposed along Trillium Drive and McBrine Place. 4. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 21, 2020. Carried Submission No.: B 2018-060 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of FNF ENTERPRISES INC. requesting permission to sever a parcel of land municipally addressed as 654 Trillium Drive having a width of 45.08m, a depth of 107.041 m and an area of 4,799.7 sq.m., on Part Lot 14 Plan 1471, 640 & 654 Trillium Drive and 95 McBrine Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -252- CITY OF KITCHENER 6. Submission Nos.: B 2018-059 & B 2018-060 (Cont'd) 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall make satisfactory arrangements with the Director of Transportation for payment towards future sidewalk installation proposed along Trillium Drive and McBrine Place. 4. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 21, 2020. Carried Submission No.: B 2018-061 Applicant: 2008703 Ontario Limited Property Location: 859 Courtland Avenue East Legal Description: Part Lot 16, Registered Plan 791 & Part Lot 11, Plan 796, being Part 3 on Reference Plan 58R-2262 Appearances: In Support: H. Price Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to grant an easement having a width on Courtland Avenue of 12m, a depth of 93.514m and an area of 1159.2 sq.m. for access purposes; and, an easement over the rear of the property, being irregular in shape having a width of 129.985m, a depth of 128.652m and an area of 7873.6 sq.m. for environmental monitoring for the use of Nike, Inc. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21. 2018 -253- CITY OF KITCHENER 7. Submission No.: B 2018-061 (Cont'd) The Committee considered Development Services Department report DSD -18-100 dated August 3, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated August 13, 2018, advising they have no objection to this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated August 13, 2018, advising although they have no objection to this application, they noted the majority of the property is regulated due to the floodplain of Schneider Creek, slope valley hazards and the associated allowances to these features. Any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. Ms. H. Price was in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of 2008703 ONTARIO LIMITED requesting permission to grant an easement as per the plan submitted with the application, having a width on Courtland Avenue of 12m, a depth of 93.514m and an area of 1159.2 sq.m. for access purposes; and, an easement over the rear of the property, being irregular in shape having a width of 129.985m, a depth of 128.652m and an area of 7873.6 sq.m. in favour of Nike, Inc. to perform and comply with its obligations under the MOECC Order number 6345-7Q9PSB, on Part Lot 16, Registered Plan 791 & Part Lot 11, Plan 796, being Part 3 on Reference Plan 58R-2262, 859 Courtland Avenue East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall ensure the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easements being granted shall be maintained and registered on title in perpetuity. 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor shall be provided to the City Solicitor. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -254- CITY OF KITCHENER 7. Submission No.: B 2018-061 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 21, 2020. Carried 8. Submission No.: B 2018-062 Applicant: Weston Foods Canada Inc. Property Location: 560-632 Victoria Street North Legal Description: Lots 106-108 and Part Lot 105, Registered Plan 157, Lots 40-44 & 58, Plan 763, beinq Part Lots 99 & 157, Streets and Lanes Appearances: In Support: K. Fairbrother G. Scheels Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission sever a parcel of land having a width of 136.2m, a depth of 61.7m and an area of 0.93 hectares. The retained land will have a width of 295.2m, a depth of 50.33m and an area of 1.61 hectares. The severed land is proposed for industrial redevelopment. The Committee considered Development Services Department report DSD -18-101 dated August 8, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated August 13, 2018, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval the applicant provide a draft reference plan with the required transit shelter easement to the satisfaction of the Region of Waterloo. Ms. K. Fairbrother was in attendance in support of the subject application and staff recommendation. She submitted a letter on behalf of the applicant outlining concerns with the proposed Site Plan Approval requirement. She stated although there are no proposed changes to the site at this time, after speaking with staff the there is no objection to that condition being added to the Committee's decision. She noted the applicant is prepared to submit an updated site plan. In response to questions, Ms. J. von Westerholt stated in her opinion, the proposed Site Plan condition would not be onerous for the applicant to fulfill, adding it would clarify access and parking with regards to the new lot line. She noted there would likely be a Stamp Plan B so each site can operate separately to each other. Ms. von Westerholt clarified a Record of Site Condition is typically for a change of use for sensitive use. In this situation if that was a requirement, it would likely be requested at the time a building permit was obtained. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -255- CITY OF KITCHENER 8. Submission No.: B 2018-062 (Cont'd) The Chair noted the comments from the Region of Waterloo and requested their proposed condition be added to the Committee's decision. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of WESTON FOODS (CANADA) INC. requesting permission to sever a parcel of land having a width of 136.2m, a depth of 61.7m and an area of 0.93 hectares, on Lots 106-108 and Part Lot 105, Registered Plan 157, Lots 40-44 & 58, Plan 763, being Part Lots 99 & 159, Streets and Lanes, 560-632 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $20,646.00. 4. That the owner shall receive site plan approval to acknowledge the existing parking and site conditions for the retained and severed lands. 5 That the owner shall provide a draft reference plan with the required transit shelter easement to the satisfaction of the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 21, 2020. Carried COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -256- CITY OF KITCHENER MINOR VARIANCE APPLICATIONS (Cont'd): Submission No.: A 2018-078 (Cont'd) Applicant: Andrin Next Limited Property Location: 120, 130, 140 King Street West, 31 Young Street & 55 Duke Street West Legal Description: Lot 6 and Part Lots 7 & 8, Plan 362, Part Lot 7, Registered Plan 401 Appearances: In Support: K. Muir A. Marchildon S. Kamalanathan S. Ho Contra: B. Kelly D. Moore D. Gillingham Written Submissions: None Mr. K. Muir provided an overviewof the subject application, outlining the variances being requested this date. Mr. B. Kelly stated the comments provided by his client are in opposition to the subject application, noting the proposed variances, together with the City's tall building guidelines, may prohibit the construction of a tower building on his client's property municipally addressed as 45 Duke Street West. He stated the comments referenced a letter related to the agreement of purchase and sale between the City and the current owner of 45 Duke Street West, stating the City must assist in finding suitable access to the property prior to any future development of the subject property. He stated his client operates Elements Night Club, formally known as the Capital Theatre, and currently they have an access easement at the rear of the property for large deliveries. He indicated there is no adequate access on King Street West that would permit large tractor trailer deliveries. Mr. Kelly stated the agreement of purchase and sale specifically states no development should be approved by the City or anyone else until the laneway access is addressed. He further advised if the Committee approves the subject development application, it could be placing the City in breech of their contractual agreement and facing potential litigation regarding the laneway access. In response to questions, Mr. Kelly advised this was the first time in which his client has participated in a Public Planning process regarding the subject property. He could not confirm any other Public Planning matters to which the property would have been subject. Ms. J. von Westerholt advised she had spoken with the City's Legal Department, and it is their opinion that the comments provided this date in opposition and the requested variances are two separate issues. Ms. von Westerholt indicated the laneway access would be dealt with by the Legal Department and the adjacent property owner, reiterating that is a separate issue to what is being considered by the Committee this date. She further advised the subject property received a similar minor variance approval for Phase I of the development, without objection from the neighbouring property owner. In response to questions regarding the Site Plan review, Ms. von Westerholt advised the design has not yet received Site Plan Approval in Principle, indicating staff are aware the easement exists. In response to the neighbouring property owners concerns regarding the location of the proposed tall building being in closer proximity to King Street than permitted with regards to the 45 -degree angular plane relative to the Tall Building Guidelines, she advised that they are guidelines which acknowledge not all requirements outlined within guidelines can always be achieved, adding staff strive to achieve the objectives of the guidelines and that there is often a balance of objectives. She stated it was at staffs request to shift the proposed development closer to King Street West to give greater separation between the proposed tower and the off-site tower separation to the adjacent property. Ms. von Westerholt stated there needs to be balance and flexibility when applying those guidelines. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 21, 2018 -257- CITY OF KITCHENER Submission No.: A 2018-078 (Cont'd Ms. J. Meader and Mr. B. McColl acknowledged the comments provided by Ms. von Westerholt from the City Solicitor advising the issue related to the laneway and the subject application are not related, stating they were in support of the subject application. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ANDRIN NEXT LIMITED requesting permission to construct a multi - residential development having 296 units with retail uses on the ground floor along the King Street frontage having a height of 74.5m rather than a maximum height of 52.86m measured as a horizontal distance with a 45 -degree relationship from the south side of King Street West; to have a height of 17.25m for the portion of a building set back less than 6m on a lot fronting King Street rather than the maximum permitted height of 12m; to permit an exemption from the fapade opening regulation from the 50% area of the ground floor fapade to have an opening with a maximum of 4m spacing between openings for the frontage along Duke Street only (where a heritage fapade is incorporated into the building design); and, to permit off-street parking spaces to be calculated at a ratio of 0.95 spaces/per-unit rather than 1 space/per-unit, on Lot 6 and Part Lots 7 & 8, Plan 362, Part Lot 7, Registered Plan 401, 120, 130, 140 King Street West, 31 Young Street and 55 Duke Street West, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried I'il0_1001NLl LVA 1:11Ll111 On motion, the meeting adjourned at 12:41 p.m. Dated at the City of Kitchener this 21st day of August, 2018 Dianna Saunderson Secretary -Treasurer Committee of Adjustment