HomeMy WebLinkAboutCA Agenda - 2018-10-16COMMITTEE OF ADJUSTMENT
UNFINISHED BUSINESS AGENDA
October 16, 2018 - 9:45 a.m.
MINOR VARIANCE APPLICATION
1. Submission No.: A 2018-095
Applicant: Sam Azemaj
Property Location: 1110 New Dundee Road
Legal Description: Part Lot 3, Beasley's New Survey, being Part 1 on Reference Plan
58R-4667
Permission to construct a detached garage in the rear yard of an existing single detached
dwelling having a rear yard setback of 1.2m rather than the required 10m; to have an easterly
side yard setback of 1.2m rather than the required 7.5m; and, to have a driveway width of
20.7m rather than the permitted maximum driveway width of 8m.
2. Submission No.: A 2018-104
Applicant: 2296093 Ontario Inc.
Property Location: 387 King Street East
Legal Description: Part Lots 17 & 18, Plan 364 & Part Lot 19, Plan 365
Permission to construct a mixed use (commercial office and residential) development having a
front yard setback of 0.675m along King Street East rather than the required 0.75m; having off-
street parking located 3.2m from the lot line abutting Cedar Street rather than the required
4.5m; having a westerly side yard setback of Om rather than the required 1.2m; having a
maximum building height of 25.9m whereas the By-law permits a maximum building height of
16.5m; having an encroachment into the Driveway Visibility Triangle (DVT) along Cedar Street
whereas the By-law does not permit encroachments into the DVT; having 105 off-street
parking spaces rather than the required 152 off-street parking spaces; and, a food store having
a gross floor area greater than 1,000 sq.m. located within a building having 1,151 sq.m. of
office, whereas the By-law requires any food store to be located within a multiple dwelling or
mixed commercial residential building containing a minimum of 20 -units or building containing
a minimum of 4,700 sq.m. of gross area design for office.
Staff Repoil K;x &�R
Development Services Department wwwkitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18th, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Eric Schneider, Junior Planner— 519-741-2200 ext. 7843
WARD: 4
DATE OF REPORT: September 10th, 2018
REPORT #: DSD -18-110
SUBJECT: A2018-095 — 1110 New Dundee Road
Applicant — Rob Sajkunovic
Approve with Conditions
Location Map: 1110 New Dundee Road
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property located at 1110 New Dundee Road is zoned Agricultural Zone (A-1) in the
Zoning By-law 85-1 and designated Low Rise Residential in the 2014 Official Plan. Staff
conducted a site inspection of the property on September 5th, 2018.
The applicant is requesting relief from Section 34.3.2 of the Zoning By-law to construct a
detached garage with a rear yard setback of 1.2 metres whereas the By-law requires a rear yard
setback of 10 metres and; a side yard setback of 1.2 metres whereas the By-law requires a side
yard setback of 7.5 metres. The applicant is also requesting relief from Section 6.1.1.1 (B)(h) to
allow for a driveway width of 20.7 metres rather than the maximum permitted driveway width of
8 metres.
View of Proposed Location for Detached Garage (shed to be demolished)
(September 5th, 2018)
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments.
1. The requested variances meet the general intent of the Official Plan. The Official Plan
favours the mixing and integration of different forms of housing to achieve a low overall
intensity of use. The proposed detached garage maintains this intent.
2. The requested variances for yard setbacks meet the general intent of the Zoning By-law.
The intent of the regulations that require a side yard setback of 7.5 metres and a rear yard
setback of 10 metres is to limit adverse impacts on neighbouring properties. Along with
single detached dwelling, the regulation encompasses uses such as canine boarding and
farm equipment repair which possess the potential to create adverse impacts to
neighbouring properties. In this case, the proposed building is to be a detached garage
accessory to a single detached dwelling used for personal vehicle storage. In addition, the
closest building on a neighbouring property to the side or rear is over 200 metres away.
Staff believes that the impacts from the proposed use will not create an adverse impact on
neighbouring properties and therefore the requested variances for yard setbacks meet the
general intent of the Zoning By-law.
The requested variance for driveway width meets the general intent of the Zoning By-law.
The intent of the regulation that limits driveway sizes to 8 metres is to preserve the
aesthetics of the streetscape by not allowing the front yard to be dominated by the
driveway. In this situation, the detached garage is proposed to be built near the rear of the
property, and the driveway is to widen out to match the width of the garage. The width of
the driveway at the street is only approximately 8 metres wide, and begins to widen out well
into the property at a point that is not visible from the street. Therefore, Staff believes that
street aesthetics can be preserved and therefore the general intent of the Zoning By-law is
met.
3. The proposed variances are considered desirable and appropriate for the development
and use of the lands. Given the use of the property and the character of the surrounding
properties, Staff considers the proposed location of the detached garage and the width
of the driveway appropriate.
4. The variance is considered minor. The proposed building is to be used for vehicle
storage and Staff consider any impacts to be minor.
Based on the foregoing, Planning staff recommends that this application be approved subject
to the conditions outlined in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made for
the detached garage is currently under review
Transportation Services Comments:
Transportation Services have no concerns with the proposed application, as the submitted plan
notes the existing driveway at New Dundee Road will remain the same.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
A number of trees are within the vicinity of the proposed garage. Also, the rear portion of the
property is regulated by the GRCA as being within 120 m of a wetland. A permit may be
required.
RECOMMENDATION
That application A2018-095 requesting permission to construct a detached garage in the
rear yard of an existing single detached dwelling having a rear yard setback of 1.2m
rather than the required 10m; to have an easterly side yard setback of 1.2m rather than
the required 7.5m; and, to have a driveway width of 20.7m rather than the permitted
maximum driveway width of 8m be approved, subject to the following conditions:
1. That a building permit is obtained from the Building Division prior to any
construction.
2. That in light of the treed nature of the property and the proximity of trees in
shared ownership, the owner shall prepare a Tree Preservation Plan for the
lands in accordance with the City's Tree Management Policy, to be
approved by the City's Director of Planning and where necessary,
implemented prior to any grading, tree removal or the issuance of building
permits. Such plans shall include, among other matters, the identification
of a proposed building envelope/work zone, building elevation drawings,
landscaped area and vegetation to be removed and/or preserved. The
owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City's
Director of Planning.
Eric Schneider, BES Juliane von Westerholt, B.E.S., MCIP, RPP
Junior Planner Senior Planner
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1 R 5W6
Resource Management Division Phone: (519) 621-2761 ext. 2319
Trisha Hughes, Resource Planner Fax: (519) 621-4945
E-mail: thug hes@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
September 10, 2018 A 2018-095 - 1110 New Dundee A2018-095 - 1110 New Dundee
Road Rd
RE: Application for Minor Variance A 2018-095
1110 New Dundee Road, City of Kitchener
Sam Azemaj
GRCA COMMENT*:
Grand River Conservation Authority (GRCA) staff have no objection to the above noted minor
variance. Based on current plans, a GRCA permit is required prior to development. Please see
our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available in this office indicates that a portion of the property is within
the 120 metre regulatory allowance adjacent to an offsite wetland (the Provincially
Significant Roseville Swamp Cedar Creek Wetland Complex). A copy of our resource
mapping is attached.
2. Legislative/Policy Requirements and Implications:
Due to the above feature, a portion of the property is regulated by the GRCA under Ontario
Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines
and Watercourses Regulation.
It is our understanding that the purpose of this application is to allow construction of a
detached garage at the back of the property and extending the existing driveway to the
proposed garage location. Based on our review of the above noted application, we have no
objection to the minor variance.
Based on our review of the Site Plan (Drawing AO) prepared by JR Design and Consultants
(last revised August 8, 2018), development is proposed within the GRCA regulated area.
Therefore, a permit from GRCA will be required prior to grading/construction, as per Ontario
Regulation 150/06. The permit process involves the submission of a permit application to
our office, the review of the application by Authority staff and the subsequent
approval/refusal of the permit application by the GRCA. A GRCA permit can be applied for
with the proposed plans through our website at www.Qrandriver.ca.
3. Plan Review Fees:
This application is a `minor' minor variance application and the applicable plan review fee is
$260.00. With a copy of this correspondence, the applicant will be invoiced in the amount of
$260.00.
Page i of 2
* These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
A separate fee is applied for a GRCA permit application.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
Encl.
cc: Sam Azemaj, 1110 New Dundee Road, Kitchener, ON N2P 2P2
Rob Sajkunovic, JR Design and Consultants, 198 Avalon Place, Unit B, Kitchener, ON
N2M 4N8
Page 2 of 2
* These comments are respec fully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
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Staff Report
I'Ii' �NER Community Services Department www1itchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 16, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 Ext. 7157
PREPARED BY: Lisa Thompson, Planning Technician 519-741-2200 Ext. 7847
WARD: 9
DATE OF REPORT: October 2, 2018
REPORT #: DSD -18-142
SUBJECT: A2018-104 — 387 King Street East
Applicant — Kristen Barisdale, GSP Group
Approved with Conditions
Onpoint aerial image of subject lands
REPORT
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Planning Comments:
City Planning staff conducted a site inspection of the property on September 6, 2018.
Application A2018-104 was deferred from the September 18, 2018 Committee of Adjustment
meeting in order for the applicant to provide Transportation Services staff the required
justification information in order to assess the requested parking reduction variance.
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Staff Report
I'Ii' �NER Community Services Department www1itchenerca
Since the September meeting, Transportation Services staff received the required information
and have completed their review and assessment of the parking reduction.
The subject property is comprised of a number of lots that have been consolidated in order to
support the proposed development. The site has frontage on King Street East, Madison
Avenue South and Cedar Street South. There will also be pedestrian access to Charles Street
East at the rear of the property.
The owner has applied for Site Plan Approval to develop the property as a mixed use
development consisting of two buildings and one level of underground parking. One building is
proposed as an eight storey, 60 unit multiple dwelling with ground floor retail and the second
building is a two storey building with ground floor retail and office use on the second floor.
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Proposed Site Plan
The majority of the development site is vacant, however; there are existing buildings on 13 and
17 Cedar Street South and 6 Madison Avenue South that will be demolished as part of the
development process.
The Official Plan designation of the lands is Mixed Use Corridor in the King Street East
Neighbourhood Plan and the zoning is High Intensity Mixed Use Corridor (MU -3) with Special
Provisions 529R, 530R, 544R, 401 U. Both the Official Plan and Zoning By-law permit
development of the lands with a multiple dwelling, office and retail uses.
The applicant is requesting a number of minor variances to facilitate development of the
property. The variances are as follows:
1. To allow a westerly side yard setback of 0.0 metres rather than the required 1.2 metres.
2. To allow a building height of 25.9 metres rather than the permitted 16.5 metres.
3. To provide 105 parking spaces rather than the required 152 spaces.
4. To allow a parking space and building to encroach into the required 4.57 metres driveway
visibility triangle (on the Cedar Street frontage).
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Staff Report
I'Ii' �NER Community Services Department www1itchenerca
5. To allow balconies with a setback of 0.675 metres rather than the required 3.0 metres.
6. To allow parking to be setback 3.2 metres from the property line rather than the required 4.5
metres.
7. To allow 6 parking spaces to be provided having a minimum width of 2.4 metres and
minimum length of 4.8 metres rather than the required 2.6 metre width and 5.5 metre length.
8. To allow a food store to be located in a building with 1151 square metres of gross floor area
designed for office rather than the required 4700 square metres.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The
variances meet the general intent of the Mixed Use Corridor designation of Official Plan for the
following reasons. The proposed development is located on a major corridor in the inner city. The
development will provide both residential and a mix of commercial uses that will serve the residents
of the site as well as the surrounding community. Strong pedestrian linkages are provided to, from
and through the site to abutting properties and public transit on both Charles Street East and King
Street East.
The variances meet the general intent of the High Intensity Mixed Use Zoning (MU -3) category of
the City's Zoning By-law for the following reasons. The MU -3 zoning permits a multiple dwelling
and all of the commercial uses proposed in the development. Each of the variances related to
setback will continue to maintain an adequate separation from abutting properties and streets and
the 0.0 metre westerly side yard setback on the shared property line with 357 King Street East is
not a concern as both properties are owned by the same people. The variance for an increase in
building height is a technicality as the subject property does not have frontage on Charles Street
East as the Region owns a small portion of land between the property and the streetline. Special
Regulation 529R of the Zoning By-law allows a maximum building height of 16.5 metres unless the
property is consolidated with properties having frontage on Cedar Street South, Madison Avenue
South and Charles Street East in which case there shall be no maximum building height.
The variance for a parking reduction maintains the intent of the by-law as there will be an adequate
number of parking spaces provided on site (both surface parking and below grade parking) to
serve both the residential and commercial uses on site as well as the implementation of a number
transportation demand management (TDM) measures. The surface parking area can also function
as a "shared" parking area for the residential units when the commercial uses are closed. The site
has direct pedestrian access to the Charles Street East ION station stop and bus transit on King
Street East providing opportunities for residents and customers to not require a vehicle.
The variance to allow a food store to be located in a smaller building than required in the by-law will
still maintain the intent of the zoning, as the site is being developed comprehensively as a large
mixed use development containing residential, commercial and office uses.
The variances are minor for the following reasons. Each of the requested variances will not have
any negative impacts on abutting lands or properties and visually the variances will not be
noticeable. All services and amenities are provided within the site to adequately meet the needs of
the commercial tenants and residents. Additionally, the proposed development will create a
significant entry feature at the gateway to the downtown area.
The variances are appropriate for the development and use of the land for the following reasons.
The location and configuration of the subject lands is appropriate to support a development of the
scale proposed. The new mixed use development is appropriately situated on a primary transit
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Staff Report
I'Ii' �NER Community Services Department www1itchenerca
corridor (King Street East) with direct pedestrian access to the Charles Street East ION station
stop. All uses are permitted in both the Official Plan and Zoning By-law.
Based on the foregoing, Planning staff recommends that the application be approved subject to
the condition noted in the recommendation section.
Policy and Heritage Comments:
Note that the subject property is located within the King Street East Secondary Plan. The land use
policies and zoning for the property and area are subject to change through an upcoming
neighbourhood planning review (to stay informed, subscribe to https://www.kitchener.ca/en/city-
services/neighbourhood-planning-reviews.aspx). As part of this review, the City will be proceeding
with the next step of the cultural heritage landscape conservation process.
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by
the Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish
an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL)
conservation process. The owner of the property municipally addressed 387 King Street East is
advised that the property is located within the Central Frederick Neighbourhood CHL. The owner
and the public will be consulted as the City considers listing CHLs on the Municipal Heritage
Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with
specific conservation options.
Building Comments:
The Building Division has no objections to the proposed variances provided a building permit for
each of the proposed buildings is obtained prior to construction. Please contact the Building
Division @ 519-741-2433 with any questions.
Transportation Services Comments:
Transportation Services has no objections to the proposed variances and supports the parking
reduction subject to the owner submitting a Functional Parking Plan detailing the following
conditions to the satisfaction of the Director of Transportation Services:
1. 56 spaces to be provided in the underground parking. 51 of them should be dedicated to the
residents and the other 5 should be signed as visitor parking spaces.
2. 49 spaces to be provided on surface. 12 of them should be signed and reserved for the 357
King Street East property. The other 37 spaces should be signed as commercial parking
spaces and be shared between the office and retail uses.
3. The location of the proposed 84 bicycle parking spaces should be noted on the site plan.
4. A bicycle repair station should be provided and be accessible to all residential, office and
retail uses. The location of the repair station should be noted on the plan.
5. 2 parking spaces on surface should be signed as carpool spaces from 7:00 am to 9:00 am
only. After 9:00 am the restriction should not apply and the spaces should be open to
everyone.
Engineering Comments:
Engineering has no concerns with the proposed variances.
RECOMMENDATION
That application A2018-104 requesting variances to Zoning By-law 85-1 listed below:
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Staff Report
I'Ii' �NER Community Services Department www1itchenerca
1. To allow a westerly side yard setback of 0.0 metres rather than the required 1.2 metres.
2. To allow a building height of 25.9 metres rather than the permitted 16.5 metres.
3. To provide 105 parking spaces rather than the required 152 spaces.
4. To allow a parking space and building to encroach into the required 4.57 metres driveway
visibility triangle (on the Cedar Street frontage).
5. To allow balconies with a setback of 0.675 metres rather than the required 3.0 metres.
6. To allow parking to be setback 3.2 metres from the property line rather than the required 4.5
metres.
7. To allow 6 parking spaces to be provided having a minimum width of 2.4 metres and
minimum length of 4.8 metres rather than the required 2.6 metre width and 5.5 metre length.
8. To allow a food store to be located in a building with 1151 square metres of gross floor area
designed for office rather than the required 4700 square metres.
be approved subject to the following conditions:
1. The owner shall receive final approval of Site Plan application SP18/063/L/LT.
2. The owner shall submit a Functional Parking Plan to the satisfaction of the Director of
Transportation Services.
Lisa Thompson, CPT Juliane von Westerholt, MCIP, RPP
Planning Technician Senior Planner
Staff Report
Development Services Department
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wwwki tch en er. ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 Ext. 7157
PREPARED BY: Lisa Thompson, Planning Technician 519-741-2200 Ext. 7847
WARD: # 9
DATE OF REPORT: September 5, 2018
REPORT #: DSD -18-119
SUBJECT: A2018-104 — 387 King Street East
Applicant — Kristen Barisdale, GSP Group
Defer to October 16, 2018 Meeting
Onpoint aerial image of subject lands
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
City Planning staff conducted a site inspection of the property on September 6, 2018.
The subject property is comprised of a number of lots that have been consolidated in order to
support the proposed development. The site has frontage on King Street East, Madison Avenue
South and Cedar Street South. There will also be pedestrian access to Charles Street East at the
rear of the property.
The owner has applied for Site Plan Approval to develop the property as a mixed use development
consisting of two buildings and one level of underground parking. One building is proposed as an
eight storey, 60 unit multiple dwelling with ground floor retail and the second building is a two storey
building with ground floor retail and office use on the second floor.
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Proposed Site Plan
The majority of the development site is vacant, however; there are existing buildings on 13 and 17
Cedar Street South and 6 Madison Avenue South that will be demolished as part of the
development process.
The Official Plan designation of the lands is Mixed Use Corridor in the King Street East
Neighbourhood Plan and the zoning is High Intensity Mixed Use Corridor (MU -3) with Special
Provisions 529R, 530R, 544R, 401 U. Both the Official Plan and Zoning By-law permit development
of the lands with a multiple dwelling, office and retail uses.
The applicant is requesting a number of minor variances to facilitate development of the property.
The variances are as follows:
1. To allow a westerly side yard setback of 0.0 metres rather than the required 1.2 metres.
2. To allow a building height of 25.9 metres rather than the permitted 16.5 metres.
3. To provide 105 parking spaces rather than the required 152 spaces.
4. To allow a parking space and building to encroach into the required 4.57 metres driveway
visibility triangle (on the Cedar Street frontage).
5. To allow balconies with a setback of 0.675 metres rather than the required 3.0 metres.
6. To allow parking to be setback 3.2 metres from the property line rather than the required 4.5
metres.
7. To allow 6 parking spaces to be provided having a minimum width of 2.4 metres and minimum
length of 4.8 metres rather than the required 2.6 metre width and 5.5 metre length.
8. To allow a food store to be located in a building with 1151 square metres of gross floor area
designed for office rather than the required 4700 square metres.
Planning staff are generally supportive of the requested variances, however; Transportation
Services requires additional time to review the required parking justification in order to determine
the appropriateness of the requested parking reduction as referenced in the comments below.
Transportation Services Comments:
Transportation Services have completed a cursory review of the parking justification completed by
LMM Engineering Inc. submitted (September 10, 2018) and offer the following comments.
The applicant was made aware at the July 18, 2018 SPRC meeting that a parking reduction would
require justification to be submitted. From a Transportation Services perspective, it was reasonable
to expect that the required justification would be submitted with the COA application, which would
have provided staff adequate time to review the information. Therefore, to complete a proper
review of the parking justification, Transportation Services recommends that this application be
deferred for 1 month. This would allow for any studies to be completed in support of a parking
reduction and provide staff the time for review and a final version to be approved.
While there is an encroachment into the driveway visibility triangle (DVT) at the Cedar Street
access point, it is suggested that the applicant provide a DVT of 3.0 metres by 4.5 metres, this will
mirror the future direction of the City of Kitchener's Final Draft Zoning By-law (April 2018). The
proposed 3.0 metre by 4.5 metre DVT be applied only to the Cedar Street access point.
Recommendation:
Based on the foregoing, Planning staff recommends that application A2018-104 be deferred to
the October 16, 2018 meeting.
Lisa Thompson, CPT
Planning Technician
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
August 31, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/VAR KIT GEN
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
Document Number: 2815510
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
THE CITY OF KITCHENER Kitchener City Hall
COMMITTEE OF ADJUSTMENT 200 King St w
NOTICE OF HEARING Box 1118
Kitchener ON N2G 4G7
Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594
As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca
TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY,
October 16, 2018, commencing at 10:00 a.m., in the Council Chamber, 2nd Floor, Kitchener City
Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor
Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You
have received this notice pertaining to the application number referenced on the front of your
envelope as a courtesy. Anyone having an interest in any of these applications may attend this
meeting. Please note this meeting is open to the public and may be recorded.
Copies of written submissions and public agencies' comments are available on Friday afternoon prior to
the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using the
calendar of events, see the meeting date for more details.
APPLICATIONS FOR MINOR VARIANCE — CHAPTERS 680 (SIGNS) & 630 (FENCES) OF THE
MUNICIPAL CODE
The recommendations of the Committee of Adjustment on Minor Variances to Chapters 680 (Signs) and 630 (Fences) of the
Municipal Code will be forwarded to City Council for final approval.
SG 2018-010 - 505 Franklin Street North/39 Midland Drive
Permission to install a ground -supported sign having automatic changing copy located 23m from a
Residential Zone rather than the required 100m; and, an area of 55% of the sign face to have automatic
changing copy rather than the maximum permitted 30%.
SG 2018-011 - 1700 Queens Boulevard
Permission to install a ground -supported sign having automatic changing copy located 26m from a
Residential Zone rather than the required 100m; and, an area of 39% of the sign face to have automatic
changing copy rather than the maximum permitted 30%.
SG 2018-012 - 22 Frederick Street
Permission to install a ground -supported sign on the subject property currently zoned D-1 (Retail Core Zone),
whereas the By-law does not permit ground -supported signs in a D-1 Zone.
APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT
A 2018-106 - 15 Tartan Avenue
Permission to construct a townhouse development having a rear yard setback of 2.5m rather than the
required 7.5m; and, a Floor Space Ratio (FSR) of 0.7 rather than the maximum FSR of 0.6.
A 2018-107 - 624 King Street West
Permission to construct a 6 -storey multi -residential development containing 71 -units with 90 -degree angle
parking spaces having a minimum width of 2.6m and minimum length of 5.2m rather than the required 2.6m
width and 5.5m length; and, to provide 10% of the required off-street visitor parking spaces located in a semi -
automated parking system rather than the required 20%.
Page 1 of 3
A 2018-108 - 400 Bingemans Centre Drive
Permission to construct an addition onto the rear of an existing industrial building having a rear yard setback
of 1.5m rather than the required 15m; and, to remove the requirement for a 2m high berm at the rear of the
property abutting railway bed, whereas the By-law requires a 2m high berm where the property abuts a
railway line.
A 2018-109 - 1331 Countrystone Drive
Permission to construct a multi -residential townhouse development having 153 off-street parking spaces
(1.21 spaces/per-unit) for Phase 2 of the development rather than the required 189 off-street spaces (1.5
spaces/per-unit).
A 2018-110 - 97 Rivertrail Avenue
Permission to construct a single detached dwelling having parking located Om from the street line rather than
the required 6m setback; and, to have a driveway located 7.76m from the intersection of Eden Oak Trail and
Rivertrail Avenue rather than the required 9m setback.
A 2018-112 - 84 Mansion Street
Permission to reconstruct a covered porch on the front of an existing single detached dwelling located 3.4m
from the front lot line rather than the required 4.5m; to permit the porch to be located 1.5m in the Driveway
Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; and, to permit a
parking space with a depth of 3.4m within the property line rather than the required 5.5m.
A 2018-113 - 56 Cameron Street North
Permission to legalize an existing duplex having the required off-street parking spaces located Om from the
front lot line rather than the required 6m; and, for both required parking spaces to have a width of 2.57m and
a depth of 5.3m rather than the required 2.6m width and 5.5m depth.
A 2018-114 - 227 Manitou Drive
Permission to construct an addition located to the rear of the building identified as Concrete Block Building
2 on the plan submitted with the application having a rear yard setback of 1.56m rather than the required
7.5m; and, to legalize off-street parking spaces to be located 1.1m from the front lot line rather than the
required 3m.
A 2018-115 - 1425 Block Line Road
Permission to construct a multi -residential development, one 12 -storey building and one 8 -storey building,
containing a total of 365 -units having 1 off-street parking space/per-unit rather than the required 1.5 off-street
parking spaces/per-unit; and, to have 10% off-street visitor parking spaces rather than the required 20% off-
street visitor parking spaces.
B 2018-116 - 357 King Street East
Permission to grant an easement having a width of 2.41 m, a depth of 10.72m and an area of 25.84 sq.m. in
favour of 387 King Street East for vehicle access.
• additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King
Street West, Kitchener (519-741-2200 ext.7594).
• copies of written submissions/public agencies' comments are available on Friday afternoon prior to the
meeting on the City of Kitchener website www.kitchener.ca in the calendar of events, see the meeting
date for more details.
• anyone having an interest in any of these applications may attend this meeting.
• a person or public body that files an appeal of a consent decision of the Committee of Adjustment must
make written submissions to the Committee before the Committee gives or refuses to give a Provisional
Consent otherwise the Local Planning Appeal Tribunal may dismiss the appeal.
Page 2 of 3
any personal information received in relation to this meeting is collected under the authority s. 28(2) of
the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee
of Adjustment applications. Questions about the collection of information should be directed to Holly
Dyson at holly. dyson(a)kitchener.ca.
if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer,
Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles
you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful
party you should make this request as the decision could be appealed by the applicant or another party.
Dated the 28th day of September, 2018.
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment
THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE
OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD
ON SEPTEMBER 28, 2018.
Page 3 of 3
J
Staff Report
KIR Community Services Department www.kifchenerca
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
APPLICATION #:
ADDRESS:
PROPERTY OWNER:
SUMMARIZED
RECOMMENDATION:
DATE OF REPORT:
Committee of Adjustment
October 16th, 2018
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Erika Kohek, Student Planner - 519-741-2200 ext. 7074
SG 2018-010
505 Franklin Street North
City of Kitchener
Approve with Conditions
October 10th, 2016
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automatic changing copy
Location Map: 505 Franklin Street North
J
Staff Report
KIT( HEI�TER Community Services Department www.kitchenerca
REPORT
Planning Comments:
City Planning staff conducted a site inspection of the property on September 21St. The subject
property is zoned Public Park Zone (P-1). The property is designated Institutional in the new
Official Plan (under appeal).
Proposed location of ground supported sign with automatic changing copy (replacing
the existing sign with a sign that has an automatic changing copy)
The applicant is requesting permission to install a ground supported sign with automatic changing
copy. The applicant is asking for relief from section 680.3.29 of the Sign By-law to allow automatic
changing copy on a sign that is located 23 metres from a residentially zoned lot located on the
same street rather than the required minimum of 100 metres. The applicant is also seeking relief
from section 680.11.19 of the Sign By-law to allow for 55% of the sign area to contain automatic
changing copy whereas the By-law permits a maximum of 30%.
The intent of section 680.3.29 of the Sign By-law is to ensure that an adequate distance is
maintained between automatic changing copy signs and residential zones in order to minimize
the impacts of the additional illumination and distraction of the changing sign. The intent of this
j
Staff Report
KI
HENER Community Services Department www.kitchenerca
regulation is also to ensure that the brightness of the screen does not cause a nuisance by casting
light onto residential properties.
Staff is of the opinion that the reduced setback proposed by the applicant is sufficient because
the proposed location of the sign has a two-lane street, Franklin Street North, between the
proposed sign location and the closest residential lot. Staff is of the opinion that the proposed
distance provided is sufficient. Secondly, the closest residential property contains a dwelling with
a greater than required 7.1 metre front yard setback, ensuring that the light cast by the automatic
changing copy sign will not reach the front face of the dwelling.
The intent of section 680.11.19 of the Sign By-law is to ensure that the total area of a sign that
contains automatic changing copy is kept at a reasonable amount and that large, fully digital signs
do not dominate streetscapes. However, the proposed sign will only contain 4.58 square metres
of sign area containing automatic changing copy. Staff is of the opinion that this amount is minimal
and still achieves the intent of section 680.11.19 of the Sign By-law.
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Staff Report
KITCHENER Community Services Department wmkitchenerca
Based on the above comments, staff is of the opinion that the proposed variance to the sign is
minor and meets the general intent of the Sign By-law and is appropriate for the lot and
surrounding neighbourhood.
Building Comments: The Building Division has no objections to the proposed sign variance
provided a sign permit is obtained prior to installation.
Transportation Services Comments: Transportation Services have no concerns with the
proposed application.
Environmental Planning Comments: No natural heritage comments.
RECOMMENDATION:
That minor variance application SG2018-010 requesting permission to replace the existing ground
supported sign with a sign that has an automatic changing copy portion located 23m from a
residential zone rather than the required 100m; and, having 55% of the sign area being automatic
changing copy rather than the permitted maximum area of 30% be approved, subject to the
following condition:
1. That a sign permit is obtained from the Planning Division.
2. That the automatic changing copy portion of the sign be turned off between the hours of
12:OOAM and 6:00 AM.
3. That condition 1 shall be completed prior to January 2nd, 2018. 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.
Erika Kohek Juliane von Westerholt, BES, MCIP, RPP
Student Planner Senior Planner
Region of Waterloo
October 9, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
1, 4, 8, 9, 10
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1.
SG 2018-010
— 505 Franklin Street North, Steve Roth (City of Kitchener)
2.
SG 2018-011
— 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3.
SG 2018-012
— 22 Frederick Street, EuroPro GP Inc.
4.
A 2018-106
—
15 Tartan Avenue, Primeland Developments (2003) Limited
5.
A 2018-107
—
624 King Street West, Rahim Anwar
6.
A 2018-108
—
400 Bingemans Centre Drive, Summit Ltd.
7.
A 2018-109
—
1331 Countrystone Drive, Sunvest Development Corp.
8.
A 2018-110
—
97 Rivertrail Avenue, 25229365 Ontario Inc.
9.
A 2018-112
—
84 Mansion Street, Gary & Neda Cushing
10.
A 2018-113
—
56 Cameron Street North, Tony Rossel
11.
A 2018-114
—
227 Manitou Drive, Ali Rasoul
12.
A2018-115
—
1425 Block Line Road, NVU — Homer Watson Ltd.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 2839402
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 — VAR KIT — Kitchener, City of/Fire Station
3 — 06 FREDERICK GEN
5 — 15 KING KIT — Scherifali, Ahmet
6 — VAR KIT — Brick Brewing Co.
7 — 57 — Sunvest Development Corp.
11 — 69 — Rasoul, Ali
12 — 28 — Northview Apartment REIT
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Report
Kt'rC� IES' ,R Community Services Department www.kifchenerca
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
APPLICATION #:
ADDRESS:
PROPERTY OWNER:
SUMMARIZED
RECOMMENDATION:
DATE OF REPORT:
Committee of Adjustment
October 16th, 2018
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Erika Kohek, Student Planner - 519-741-2200 ext. 7074
SG 2018-011
1700 Queen's Boulevard
City of Kitchener
Approve with Conditions
October 10th, 2016
►1
Location Map: 1700 Queens Boulevard
J
Staff Report
ITcxEI�.TER Community Services Department wmkitchenerca
REPORT
Planning Comments:
City Planning staff conducted a site inspection of the property on September 21St. The subject
property is zoned Community Shopping Centre (C-3), Special Regulation Zone 1 (1R), and
Special Regulation Zone 10 (10R). The property is designated Institutional in the new Official Plan
(under appeal).
Proposed location of ground supported sign with automatic changing copy (location of
former ground supported sign with manual changing copy)
The applicant is requesting permission to install a ground supported sign with automatic changing
copy. The applicant is asking for relief from section 680.3.29 of the Sign By-law to allow automatic
changing copy on a sign that is located 26 metres from a residentially zoned lot located on the
same street rather than the required minimum of 100 metres. The applicant is also seeking relief
from section 680.11.19 of the Sign By-law to allow for 39% of the sign area to contain automatic
changing copy whereas the By-law permits a maximum of 30%.
The intent of section 680.3.29 of the Sign By-law is to ensure that an adequate distance is
maintained between automatic changing copy signs and residential zones in order to minimize
the impacts of the additional illumination and distraction of the changing sign. The intent of this
j
Staff Report
KI
HENER Community Services Department www.kitchenerca
regulation is also to ensure that the brightness of the screen does not cause a nuisance by casting
light onto residential properties.
Staff is of the opinion that the reduced setback proposed by the applicant is sufficient because
the proposed location of the sign has a four -lane street, Queen's Boulevard, between the
proposed sign location and the closest residential lot. Staff is of the opinion that the proposed
distance provided is sufficient. Secondly, the closest residential property contains a dwelling with
the required 6 metre exterior side yard setback, ensuring that the light cast by the automatic
changing copy sign will not reach the front or side face of the dwelling.
The intent of section 680.11.19 of the Sign By-law is to ensure that the total area of a sign that
contains automatic changing copy is kept at a reasonable amount and that large, fully digital signs
do not dominate streetscapes. However, the proposed sign will only contain 1.46 square metres
of sign area containing automatic changing copy. Staff is of the opinion that this amount is minimal
and still achieves the intent of section 680.11.19 of the Sign By-law.
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Proposed design of new ground supported sign containing automatic changing copy
The sign complies with all other regulations of the Sign By-law.
Based on the above comments, staff is of the opinion that the proposed variance to the sign is
minor and meets the general intent of the Sign By-law and is appropriate for the lot and
surrounding neighbourhood.
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Proposed design of new ground supported sign containing automatic changing copy
The sign complies with all other regulations of the Sign By-law.
Based on the above comments, staff is of the opinion that the proposed variance to the sign is
minor and meets the general intent of the Sign By-law and is appropriate for the lot and
surrounding neighbourhood.
J
Staff Report
KITCHENER Community Services Department wmkitchenerca
Building Comments: The Building Division has no objections to the proposed sign variance
provided a sign permit is obtained prior to installation.
Transportation Services Comments: Transportation Services have no concerns with the
proposed application.
Environmental Planning Comments: No natural heritage comments.
RECOMMENDATION:
That minor variance application SG2018-011 requesting permission to install an automatic
changing copy located 26m from a residential zone rather than the required 100m; and, having
39% of the sign area being automatic changing copy rather than the permitted maximum area of
30% be approved, subject to the following condition:
1. That a sign permit is obtained from the Planning Division.
2. That the existing sign is removed prior to the installation of the new automatic changing
copy.
3. That the automatic changing copy portion of the sign be turned off between the hours of
12:OOAM and 6:00 AM.
4. That condition 1 shall be completed prior to January 2nd, 2018. 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.
Erika Kohek Juliane von Westerholt, BES, MCIP, RPP
Student Planner Senior Planner
Region of Waterloo
October 9, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
1, 4, 8, 9, 10
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1.
SG 2018-010
— 505 Franklin Street North, Steve Roth (City of Kitchener)
2.
SG 2018-011
— 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3.
SG 2018-012
— 22 Frederick Street, EuroPro GP Inc.
4.
A 2018-106
—
15 Tartan Avenue, Primeland Developments (2003) Limited
5.
A 2018-107
—
624 King Street West, Rahim Anwar
6.
A 2018-108
—
400 Bingemans Centre Drive, Summit Ltd.
7.
A 2018-109
—
1331 Countrystone Drive, Sunvest Development Corp.
8.
A 2018-110
—
97 Rivertrail Avenue, 25229365 Ontario Inc.
9.
A 2018-112
—
84 Mansion Street, Gary & Neda Cushing
10.
A 2018-113
—
56 Cameron Street North, Tony Rossel
11.
A 2018-114
—
227 Manitou Drive, Ali Rasoul
12.
A2018-115
—
1425 Block Line Road, NVU — Homer Watson Ltd.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 2839402
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 — VAR KIT — Kitchener, City of/Fire Station
3 — 06 FREDERICK GEN
5 — 15 KING KIT — Scherifali, Ahmet
6 — VAR KIT — Brick Brewing Co.
7 — 57 — Sunvest Development Corp.
11 — 69 — Rasoul, Ali
12 — 28 — Northview Apartment REIT
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
J
Staff Report
KIT('HEItiTER Community Services Department www.kitchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 16, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning & Zoning)
— 519-741-2200 x 7110
WARD: 10
DATE OF REPORT: October 5, 2018
REPORT #: DSD 18-130
SUBJECT: Application SG 2018-012 — 22 Frederick Street
Owner — Europro (Kitchener) GP Inc. & Europro (Kitchener) LP
Approve with Conditions
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REPORT
Planning Comments:
The subject property is located on Frederick Street, south of Duke Street. It is zoned Retail Core
Zone (D-1) in Zoning By-law 85-1. The property is designated City Centre District in the 2014
Official Plan. City Planning staff conducted a site inspection of the property on October 3, 2018.
The applicant is requesting permission to replace an existing ground supported sign on a lot within a
retail core area, which does not permit ground supported signs.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Front of 22 Frederick Street — existing sign shown in front yard
The requested variance meets the intent of the Sign By-law and can be considered minor. The
intention of not permitting ground supported signs in the retail core area is to respect the zero -setback
building form typical to the retail core. In this case, a ground supported sign is appropriate as the
primary entrance to the building is set back significantly from the street.
The variance is appropriate for the development of the property and surrounding streetscape. As
shown in the photo above, there is a long concrete walkway between the sidewalk and the building,
where the ground -supported sign will be located. Based on the plan submitted with the application,
there will be some additional landscaping surrounding the sign. The sign will display the municipal
address for the property and contain signage for tenants. Though the sign will be approximate 50%
larger than the existing sign, it is the opinion of staff that this retail core property is appropriate for
such a sign.
Based on the above comments, staff is of the opinion that the requested variance is appropriate
development for the subject lands and surrounding area and meets the general intent of the Sign By-
law. Planning staff recommends that this application be approved subject to the condition outlined
in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed sign variance provided a sign permit is
obtained prior to installation.
Transportation Services Comments:
Transportation Services have no concerns with the proposed sign location, as the sign is being
located outside of the driveway visibility triangle.
Engineering Comments:
No concerns.
Heritage and Policy Planning Comments:
No concerns.
RECOMMENDATION
That application SG 2018-012 requesting permission to construct a ground -supported sign
in the Retail Core (D-1) zone, be approved subject to the following condition:
That a Sign Permit is obtained for the proposed business from the Planning
Division.
Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP
Technical Assistant (Planning & Zoning) Senior Planner
Region of Waterloo
October 9, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
1, 4, 8, 9, 10
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1.
SG 2018-010
— 505 Franklin Street North, Steve Roth (City of Kitchener)
2.
SG 2018-011
— 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3.
SG 2018-012
— 22 Frederick Street, EuroPro GP Inc.
4.
A 2018-106
—
15 Tartan Avenue, Primeland Developments (2003) Limited
5.
A 2018-107
—
624 King Street West, Rahim Anwar
6.
A 2018-108
—
400 Bingemans Centre Drive, Summit Ltd.
7.
A 2018-109
—
1331 Countrystone Drive, Sunvest Development Corp.
8.
A 2018-110
—
97 Rivertrail Avenue, 25229365 Ontario Inc.
9.
A 2018-112
—
84 Mansion Street, Gary & Neda Cushing
10.
A 2018-113
—
56 Cameron Street North, Tony Rossel
11.
A 2018-114
—
227 Manitou Drive, Ali Rasoul
12.
A2018-115
—
1425 Block Line Road, NVU — Homer Watson Ltd.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 2839402
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 — VAR KIT — Kitchener, City of/Fire Station
3 — 06 FREDERICK GEN
5 — 15 KING KIT — Scherifali, Ahmet
6 — VAR KIT — Brick Brewing Co.
7 — 57 — Sunvest Development Corp.
11 — 69 — Rasoul, Ali
12 — 28 — Northview Apartment REIT
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Repod
Development Services Department
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #
SUBJECT:
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wwwkitchener. ca
Committee of Adjustment
October 16, 2018
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Craig Dumart, Junior Planner- 519-741-2200 ext. 7073
5
October 4, 2018
DSD -18-131
Application #: A2018-106,15 Tartan Avenue
Applicant: MHBC Planning
Recommendation to Approve
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Location map: 15 Tartan Avenue
Planning Comments:
The subject property is zoned Residential Six Zone (R-6) and is designated as Low Rise
Residential in the City of Kitchener's Official Plan. The owner is proposing to develop the
subject lands with 93 townhouse dwelling units. To facilitate the development the owner is
192
Location map: 15 Tartan Avenue
Planning Comments:
The subject property is zoned Residential Six Zone (R-6) and is designated as Low Rise
Residential in the City of Kitchener's Official Plan. The owner is proposing to develop the
subject lands with 93 townhouse dwelling units. To facilitate the development the owner is
proposing to increase the Floor Space Ratio (FSR) (which is the figure obtained when the
building floor area on a lot is divided by the lot area) from 0.6 to 0.75 FSR. Additionally the
owner is requesting to reduce the rear yard setbacks for units 25 and 93 (refer to
SP18/004/T/CD attached) from 7.5 metres to 2.5 metres as the rear yards function as side
yards. As such, the applicant is requesting relief from Section 40.2.6 of the Zoning By-law to
allow the increased FSR and decreased rear yard setbacks.
Staff conducted a site visit on September 24, 2018.
Undeveloped Subject Lands at 15 Tartan Avenue
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments:
1. The subject property is designated Low Rise Residential in both the City's 2014 Official
Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however a
significant number of Low Rise Residential policies from the 2014 Official Plan are under
appeal and therefore are not being relied upon for this report. Instead Low Rise Residential
Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing
such as multiple dwellings is being relied upon to determine whether the proposed
variances meet the general intent of the Official Plan. It is planning staff's opinion that the
proposed variances meet the general intent of the Official Plan which encourages a range
of different forms of housing to achieve a low density neighbourhood. The minor change to
increase the Floor Space Ratio and reduce rear yard setbacks that function as side yards
will maintain the low density character of the property and surrounding neighbourhood,
which is characterized by a variety of lot sizes and built form options. The general intent of
Floor Space Ratio requirements in the Low Rise Residential designation is to regulate
the massing and scale of a development to ensure compatibility with surrounding areas.
To further ensure compatibility, the Low Rise Residential designation does not allow
residential buildings to exceed three storeys in height or a FSR of 0.75. The proposed
variance conforms to the designation and it is the further opinion of staff that the requested
variances are appropriate.
2. The requested variance to increase the Floor Space Ratio meets the general intent of the
Zoning By-law. The intent of the Floor Space Ratio regulation in the Zoning By-law is to
ensure the new development is of a scale and massing that is compatible with the
surrounding residential neighbourhood. The requested variance to permit a rear yard
setback of 2.5 metres from the rear lot line for units 25, and 93 (refer to SP18/004/T/CD
attached) rather than 7.5 metres meet the general intent of the Zoning By-law as the rear
yards of these units function as side yards. The side yards of these units provide a side
yard setback greater than 7.5 metres that function as rear yards for the units. It is staff's
opinion that the design and location of buildings on site will have minimal impacts on the
surrounding low rise residential development. As such, it is staff's opinion that the
requested variances for increased Floor Space Ratio and decreased rear yard setbacks
is appropriate.
3. The proposed variances can be considered minor and appropriate for the development
and use of the land which is compatible with adjacent land uses and is appropriately
scaled for the neighbourhood. It is staffs opinion that the proposed minor variances will
have minimal impact of the surrounding low rise residential development due to the
location and orientation of buildings proposed on site. It is staff's opinion that this
development is considered good planning.
4. The proposed variances are appropriate for the development and use of the land as the
proposed residential use is a permitted use in the Zoning By-law. The scale, massing,
height and setbacks of proposed buildings will not negatively impact the existing character
of the subject property or surrounding neighbourhood.
Heritage Comments:
Heritage Planning staff has no concerns with the proposed variance.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the
proposed townhouse block is obtained prior to construction. Please contact the Building Division
@ 519-741-2433 with any questions.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
Engineering Services Comments:
No concerns.
RECOMMENDATION
That application A2018-106 requesting relief from Section 40.2.6 of the Zoning By-law to
permit a Floor Space Ratio (FSR) of 0.75 whereas the Zoning By-law allows 0.6 and
additional relief from Section 40.2.6 to permit a minimum rear yard setback of 2.5 metres
whereas 7.5 metres is required, be approved without conditions.
Craig Dumart, BES, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP
Junior Planner Senior Planner
Region of Waterloo
October 9, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
1, 4, 8, 9, 10
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1.
SG 2018-010
— 505 Franklin Street North, Steve Roth (City of Kitchener)
2.
SG 2018-011
— 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3.
SG 2018-012
— 22 Frederick Street, EuroPro GP Inc.
4.
A 2018-106
—
15 Tartan Avenue, Primeland Developments (2003) Limited
5.
A 2018-107
—
624 King Street West, Rahim Anwar
6.
A 2018-108
—
400 Bingemans Centre Drive, Summit Ltd.
7.
A 2018-109
—
1331 Countrystone Drive, Sunvest Development Corp.
8.
A 2018-110
—
97 Rivertrail Avenue, 25229365 Ontario Inc.
9.
A 2018-112
—
84 Mansion Street, Gary & Neda Cushing
10.
A 2018-113
—
56 Cameron Street North, Tony Rossel
11.
A 2018-114
—
227 Manitou Drive, Ali Rasoul
12.
A2018-115
—
1425 Block Line Road, NVU — Homer Watson Ltd.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 2839402
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 — VAR KIT — Kitchener, City of/Fire Station
3 — 06 FREDERICK GEN
5 — 15 KING KIT — Scherifali, Ahmet
6 — VAR KIT — Brick Brewing Co.
7 — 57 — Sunvest Development Corp.
11 — 69 — Rasoul, Ali
12 — 28 — Northview Apartment REIT
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Repod
Development Services Department
J
AZR
www.kitchener. ca
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
October 16, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Lisa Thompson, Planning Technician — 519-741-2200 ext. 7847
WARD:
10
DATE OF REPORT:
October 2, 2018
REPORT #:
DSD -18-132
SUBJECT:
A2018-107 — 624 King Street West
Applicant — James Fryett, James Fryett Architect Inc.
Approve with Conditions
Streetview image of subject property
REPORT
Planning Comments:
The subject property is located at 624 King Street West at the corner of King Street West and Wellington
Street North. The property is zoned Mixed Use Two zone (MU -2) and is designated Mixed Use Corridor
in the K -W Hospital Neighbourhood Secondary Plan. The applicant is proposing to build a 6 -storey, 71 -
unit multiple dwelling on the property with an underground automated parking structure.
The Owner is presently in the site plan approval process for the proposed development and has also
previously received Committee of Adjustment Approval for a parking reduction for the development
(A2018-048) .
The owner has re-applied to the Committee of Adjustment to seek relief for an additional parking
regulation that was not identified in the original application, and a reduction in the percentage of visitor
parking required for a multiple dwelling.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance
City Planning staff conducted a site inspection of the property on May 27, 2018. The site remains
vacant as site plan approval and a building permit have not been issued for the new development yet.
The applicant is requesting relief from the Zoning By-law for the following:
1. Relief from Section 6.1.1.2 d) to allow 90 -degree angle parking spaces to have a minimum length
of 5.2 metres rather than the required 5.5 metres; and
2. Relief from Section 6.1.2 b) vi) B) to provide 10% visitor parking for a multiple dwelling rather than
the required 20%. The 10% visitor parking is to be provided within the automated parking
structure.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offer the following comments.
1. The variances meet the general intent of the Official Plan as subject property is designated Mixed
Use Corridor in the K -W Hospital Neighbourhood Secondary Plan which permits multiple residential
uses and encourages intensive, transit supportive development. The proposed multiple dwelling is
permitted within the designation and is fully transit supportive being located on the LRT route and is
within walking distance to a station stop and the future multi -modal hub.
2. The variances meet the general intent of the Zoning By-law as the proposed multiple dwelling
conforms to the MU -2 zoning regulations. The zoning by-law parking regulations require 90 -degree
angle parking spaces to have a minimum width of 2.6 metres and a length of 5.5 metres to ensure
that vehicles can be adequately accommodated. The minimum parking stall dimensions were never
considered for a structured automated system. The vendor of the system has provided confirmation
that the interior dimensions of the "bays" within the system will be able accommodate the majority of
passenger vehicle models. The applicant has also been working with the vendor of the automated
parking structure to have the largest interior bay space for the vehicles. The modest reduction in
parking stall length in a controlled environment meets the intent of the zoning by-law. Additionally,
the reduction in visitor parking from 20% to 10% is in keeping with the general intent of the zoning
by-law as the proposed parking regulations to be implemented through the comprehensive zoning
by-law review will require visitor parking at the rate of 10%.
3. The variances are minor for the following reasons. Purchasers of units in the proposed building
will be aware of the automated parking structure and will have the choice to purchase a parking
space within the structure knowing what the size limitations are and have the opportunity of
utilizing the many modes of public transit in close proximity to the development. The reduction in
visitor parking to 10% is the future direction the City is proposing for all development and is
therefore minor to implement the rate now.
4. The variances are appropriate for the development and use of the land. The central location of the
development makes it appropriate to encourage the use of public transit and less reliance on the
personal motor vehicle. The TDM measures to be implemented in the design of the building are
also appropriate to help reduce the need for vehicle parking for both residents and visitors. The
automated parking structure will accommodate most models of passenger vehicles should the
residents of the building choose to purchase a space, and visitors will be able to utilize the spaces
within the automated structure as well.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below in the Recommendation section of this report.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance
Building Comments:
No objections to the proposed variances.
Transportation Services Comments:
As the proposed parking system is a semi -automated parking system and cannot be customized for site
specific conditions, Transportation Services have no concerns with reducing the parking stall length from
5.5m to 5.2m. The width of the parking spaces should be at least 2.6m.
Considering the location of the proposed development, its proximity to the LRT and the proposed
Transportation Demand Management (TDM) measures such as user cost for parking and secure bicycle
parking spaces, Transportation Services have no concerns with reducing the required visitor parking
spaces from 20% to 10%.
Transportation Services have no concerns with providing the visitor parking spaces in the semi -
automated parking system subject to the following conditions:
• Visitor parking spaces should always be located on the ground floor;
• Clear reserved visitor signage should be provided for the visitor parking spaces;
• Large, wall mounted red & green lamps should be provided to indicate if the car is positioned on the
lift correctly. This feedback should also be provided by way of a buzzer;
• The presence and position of a vehicle should be measured with sensors;
• The parking garage should be entirely secured and should not be available for public access;
• All visitors must register their vehicle with property management / condo staff (via the resident they
are visiting). In event of a mis-parked car, property management / condo staff would know whose
car it is with their name, phone number and suite number for remediation; and,
• A functional plan showing the above measures should be prepared and submitted to the satisfaction
of the Director of Transportation Services. The Owner agrees to implement the details of the Visitor
Parking Functional Plan to the satisfaction of the Director of Transportation Services.
Engineering Comments:
No concerns with the proposed variances.
RECOMMENDATION
That application A2018-107 requesting relief from Section 6.1.1.2 d) to allow 90 -degree angle parking
spaces to have a minimum length of 5.2 metres rather than the required 5.5 metres; and relief from
Section 6.1.2 b) vi) B) to provide 10% visitor parking for a multiple dwelling rather than the required 20%
(the 10% visitor parking is to be provided within the automated parking structure) be approved subject
to the following conditions:
1. The owner shall receive final approval of Site Plan Application SP18/080/K/LT.
2. The owner shall submit a Visitor Parking Functional Plan addressing the visitor parking in the
automated structure and agrees to implement the details of the plan to the satisfaction of the Director
of Transportation Services.
Lisa Thompson, CPT
Planning Technician
Juliane von Westerholt, MCIP, RPP
Senior Planner
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance
Region of Waterloo
October 9, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
1, 4, 8, 9, 10
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1.
SG 2018-010
— 505 Franklin Street North, Steve Roth (City of Kitchener)
2.
SG 2018-011
— 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3.
SG 2018-012
— 22 Frederick Street, EuroPro GP Inc.
4.
A 2018-106
—
15 Tartan Avenue, Primeland Developments (2003) Limited
5.
A 2018-107
—
624 King Street West, Rahim Anwar
6.
A 2018-108
—
400 Bingemans Centre Drive, Summit Ltd.
7.
A 2018-109
—
1331 Countrystone Drive, Sunvest Development Corp.
8.
A 2018-110
—
97 Rivertrail Avenue, 25229365 Ontario Inc.
9.
A 2018-112
—
84 Mansion Street, Gary & Neda Cushing
10.
A 2018-113
—
56 Cameron Street North, Tony Rossel
11.
A 2018-114
—
227 Manitou Drive, Ali Rasoul
12.
A2018-115
—
1425 Block Line Road, NVU — Homer Watson Ltd.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 2839402
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 — VAR KIT — Kitchener, City of/Fire Station
3 — 06 FREDERICK GEN
5 — 15 KING KIT — Scherifali, Ahmet
6 — VAR KIT — Brick Brewing Co.
7 — 57 — Sunvest Development Corp.
11 — 69 — Rasoul, Ali
12 — 28 — Northview Apartment REIT
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Report
Development Services Department
F:, a x
www.kitch en er. c a
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 16, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext. 7987
WARD: #1
DATE OF REPORT: October 4, 2018
REPORT #: DSD -18-133
SUBJECT: A2018-108 — 400 Bingemans Centre Drive
Owner — Summit (400 Bingemans Centre Drive) Ltd.
Recommendation: Defer
Food13a
NateA6o Igion
Location Map: 400 Bingemans Centre Drive
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Existing setback and berm at 400 Bingemans Centre Drive (Photo - September 20, 2018)
REPORT
Planning Comments:
The subject land are located at 400 Bingemans Centre Drive. The lands contain Waterloo Brewing and
back onto the main railway line. The lands have split designation and zoning. More specifically, the
western half of the property is designated Heavy Industrial Employment and zoned Heavy Industrial Zone
(M-4) with Special Use Provision 46U. The eastern half of the property is zoned Restricted Business
Park Zone (B-2) with Special Use Provision 336U and Special Regulation Provision 416R. Both zones
permit the Waterloo Brewery manufacturing and warehouse operations, however the zones have different
setback and berm requirements for buildings adjacent to the railway. The M-4 zone requires no setback
or berm, whereas the B-2 zone requires a 15 metre setback and a 2.0 metre high safety/derailment berm.
The setback safety/derailment berm requirement was added to the B-2 portion of the lands in 2004 at the
time the industrial lands were rezoned to support the development of the lands as a business park. These
features were implemented at the request of CN Rail as safety features in the case of a derailment. Policy
6.C.3.18 of the City's Official Plan requires that proposed development or redevelopment adjacent to
railways will ensure that appropriate safety measures such as setbacks, berms and security fencing are
approved to the satisfaction of the City in consultation with the appropriate railways. The City is also in
receipt of a proposed Site Plan application for the proposed addition. Notice of this variance application
and the associated Site Plan were circulated to the rail authority for comment, however comments are
still pending. Based of the foregoing, staff feel that it is appropriate to defer consideration of the
application at this time, to allow the rail authority the opportunity to comment on the proposal, and to
further inform the City as to the appropriateness of the proposed variances.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the proposed
addition is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any
questions.
Transportation Services Comments:
Transportation Services have no concerns with the subject application.
Engineering Comments:
Engineering has no concerns with the subject application.
RECOMMENDATION
That application A2018-108 be deferred.
Katie Anderl, MCIP, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
October 9, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
1, 4, 8, 9, 10
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1.
SG 2018-010
— 505 Franklin Street North, Steve Roth (City of Kitchener)
2.
SG 2018-011
— 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3.
SG 2018-012
— 22 Frederick Street, EuroPro GP Inc.
4.
A 2018-106
—
15 Tartan Avenue, Primeland Developments (2003) Limited
5.
A 2018-107
—
624 King Street West, Rahim Anwar
6.
A 2018-108
—
400 Bingemans Centre Drive, Summit Ltd.
7.
A 2018-109
—
1331 Countrystone Drive, Sunvest Development Corp.
8.
A 2018-110
—
97 Rivertrail Avenue, 25229365 Ontario Inc.
9.
A 2018-112
—
84 Mansion Street, Gary & Neda Cushing
10.
A 2018-113
—
56 Cameron Street North, Tony Rossel
11.
A 2018-114
—
227 Manitou Drive, Ali Rasoul
12.
A2018-115
—
1425 Block Line Road, NVU — Homer Watson Ltd.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 2839402
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 — VAR KIT — Kitchener, City of/Fire Station
3 — 06 FREDERICK GEN
5 — 15 KING KIT — Scherifali, Ahmet
6 — VAR KIT — Brick Brewing Co.
7 — 57 — Sunvest Development Corp.
11 — 69 — Rasoul, Ali
12 — 28 — Northview Apartment REIT
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Report
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
K►;x77 ,\�R
wwwkitchener. ca
Committee of Adjustment
October 16', 2018
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Eric Schneider, Junior Planner— 519-741-2200 ext. 7843
7
October 8t", 2018
DSD -18-134
A2018-109 — 1331 Countrystone Drive
Applicant — Stephanie Mirtitsch
Approve with Condition
ddaLl '\V4
224
Location Map: 1331 Countrystone Drive
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property located at 1331 Countrystone Drive is zoned Residential Six Zone (R-6) in
the Zoning By-law 85-1. The property is designated Low Rise Residential in the Official Plan.
Staff conducted a site inspection of the property on September 21St, 2018.
The applicant is requesting relief from Section 6.1.2a) of the Zoning By-law to allow a multiple
dwelling site to contain a minimum of 1.21 parking spaces per unit rather than the required 1.5
parking spaces per unit.
V ICVV VI V QL,011L LVL ,JCF.JLCI I INCI L 1 1 LV 101
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments.
The requested variances meet the general intent of the Official Plan. The Official Plan
favours transit -supportive development and walkable neighbourhoods, which can be
achieved if less emphasis is placed on the automobile. Therefore, the requested variance
for reduction in parking meets the general intent of the Official Plan.
2. The requested variances for reduction in parking meet the general intent of the Zoning By-law.
The intent of parking minimum regulations is to ensure that a sufficient amount of parking is
provided for a given development. The proposed development is located across from the
Boardwalk shopping centre which contains a Grand River Transit satellite terminal that services
9 different bus routes and provides connections across city and throughout the region. Staff
believes that the location of the property in close proximity to good transit options will reduce
the demand for automobile parking and that the proposed parking rate will be sufficient in
providing parking spaces for the multiple dwelling and therefore meets the general intent of the
Zoning By-law.
3. The proposed variance is considered desirable and appropriate for the development and
use of the lands. Given the proximity of the property to existing transit routes, Staff believes
the proposed reduction in parking is appropriate for lands in this area.
4. The variance is considered minor. The impacts of reducing parking are expected to be
minor.
Based on the foregoing, Planning staff recommends that this application be approved subject
to the conditions outlined in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the
proposed multi -residential development is obtained prior to construction. Please contact the
Building Division @ 519-741-2433 with any questions.
Transportation Services Comments:
Considering the location of the proposed development and its proximity to transit,
Transportation Services have no concerns with the proposed application.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
RECOMMENDATION
That application A2018-109 requesting permission to construct a multi -residential
townhouse development having 153 off-street parking spaces (1.21 spaces/per-unit) for
Phase 2 of the development rather than the required 189 off-street parking spaces (1.5
spaces/per-unit) be approved, subject to the following condition:
1. That a building permit is obtained from the Building Division prior to any
construction.
Eric Schneider, BES Juliane von Westerholt, B.E.S., MCIP, RPP
Junior Planner Senior Planner
Region of Waterloo
October 9, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
1, 4, 8, 9, 10
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1.
SG 2018-010
— 505 Franklin Street North, Steve Roth (City of Kitchener)
2.
SG 2018-011
— 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3.
SG 2018-012
— 22 Frederick Street, EuroPro GP Inc.
4.
A 2018-106
—
15 Tartan Avenue, Primeland Developments (2003) Limited
5.
A 2018-107
—
624 King Street West, Rahim Anwar
6.
A 2018-108
—
400 Bingemans Centre Drive, Summit Ltd.
7.
A 2018-109
—
1331 Countrystone Drive, Sunvest Development Corp.
8.
A 2018-110
—
97 Rivertrail Avenue, 25229365 Ontario Inc.
9.
A 2018-112
—
84 Mansion Street, Gary & Neda Cushing
10.
A 2018-113
—
56 Cameron Street North, Tony Rossel
11.
A 2018-114
—
227 Manitou Drive, Ali Rasoul
12.
A2018-115
—
1425 Block Line Road, NVU — Homer Watson Ltd.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 2839402
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 — VAR KIT — Kitchener, City of/Fire Station
3 — 06 FREDERICK GEN
5 — 15 KING KIT — Scherifali, Ahmet
6 — VAR KIT — Brick Brewing Co.
7 — 57 — Sunvest Development Corp.
11 — 69 — Rasoul, Ali
12 — 28 — Northview Apartment REIT
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Repod
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
I
www.kitchen er. ca
Committee of Adjustment
October 16, 2018
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Tim Seyler, Junior Planner — 519-741-2200 ext. 7860
2
October 5, 2018
DSD -18-135
A2018-110 — 97 Rivertrail Avenue
Applicants — 2522935 Ontario Inc c/o Fusion Homes
Approved with Conditions
Q
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Location Map: 97 Rivertrail Avenue
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Ilk.. a
aR�. _
V.
Q
tit
f
i �� * ; ✓
Location Map: 97 Rivertrail Avenue
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Ilk.. a
aR�. _
REPORT
Planning Comments:
The subject property located at 97 Rivertrail Avenue is zoned Residential Four (R-4), with Special
Regulation Provision 597R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's
Official Plan. The applicant is requesting relief from Section 6.1.1.1.b) iv) of the Zoning By-law to locate
a driveway 7.76 metres from the intersection of street lines abutting the lot rather than the required
setback of 9 metres. Further relief is being requested from Section 6.1.1.1.b) i) to reduce the setback for
the parking space to 0 metres rather that the required setback of 6.0m.
City Planning staff conducted a site inspection of the property on October 1, 2018.
97 Rivertrail Avenue
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and
1994 Official Plan. It should be noted that a significant number of Low Rise Residential policies
from the 2014 Official Plan are under appeal, however the appealed policies do not affect this
report.
The Residential designation in the 2014 Official Plan places emphasis on compatibility of building
form with respect to massing, scale and design in order to support the successful integration of
different housing types. It also places emphasis on the relationship of housing to adjacent
buildings, streets and exterior areas. The proposed variance conforms to the designation and it
is the opinion of staff the requested variance is appropriate.
2. The request to legalize the driveway located 7.76 metres from the intersection of the street lines,
whereas 9.0 metres is required also meets the general intent of the Zoning Bylaw. The reduction
of 1.24 metres from the required 9.0 metres can be considered minor. The intent of the 9.0 metre
setback is to ensure that there are no obstructions within the corner visibility triangle, and ensuring
vehicles entering and exiting the intersection can do so safely. It is not anticipated that any negative
impacts on the adjacent residential properties will result from the variances required therefore, the
intent of the Zoning Bylaw continues to be maintained.
The requested variance to legalize the off street parking space 0 metres from the street lot line meets
the general intent of the Zoning Bylaw. The full reduction of 6.0 metres from the required 6 metres
is minor as the use of a showroom/office space is temporary. The intent of the 6.0 metre required
setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right-
of-way and surrounding properties. Once the model home is converted back to a residential use, the
intent is that the showroom/office space will be converted back to garage space that will permit a
vehicle to be parked within.
3. The variances can be considered minor as it is the opinion of staff that the required parking space
can continue to be accommodated on site in a safe manner. Both the reduced setback of 0 metres
for the required parking space and setback of 7.76 metres from the intersection of the street lines
will not present any significant impacts to adjacent properties and the overall neighbourhood.
4. The variance is appropriate for the development and use of the land. The requested variance should
not impact the existing character of the surrounding neighbourhood.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the proposed
single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-
2433 with any questions.
Transportation Services Comments:
1. As the proposed reduction would not affect the corner visibility triangle, Transportation Services have
no concerns with a 1.24m reduction from the required 9.Om intersection setback to a driveway, to
provide a 7.76m setback.
2. Transportation Services have no concerns regarding the requested reduction in the required parking
setback subject to the following condition:
• The 6.Om parking setback reduction from 6.Om to O.Om is temporary and the model house
should be converted back to a legal residence with a minimum of 6.Om parking setback when
the sales is over.
Environmental Comments:
No environmental planning concerns.
Heritage Comments:
No heritage planning concerns.
RECOMMENDATION
That minor variance application A2018-110 requesting relief from Section 6.1.1.1.b) iv) to permit
a driveway located 7.76 metres from the intersection of the street lines, whereas 9.0 meters is
required and; relief from Section 6.1.1.1 b) i) to allow the required parking space for the proposed
model home to be setback 0 metres from the street line rather than the required 6.0 metres; be
approved, subject to the following conditions:
1. A building permit be issued from the City's Building Division for the single detached
dwelling by July 1, 2019
2. The 6.Om parking setback reduction from 6.Om to O.Om is temporary and the model house
should be converted back to a legal residence with a minimum of 6.Om parking setback
when the model home/sales office use is over.
Tim Seyler, BES
Junior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
October 9, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
1, 4, 8, 9, 10
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1.
SG 2018-010
— 505 Franklin Street North, Steve Roth (City of Kitchener)
2.
SG 2018-011
— 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3.
SG 2018-012
— 22 Frederick Street, EuroPro GP Inc.
4.
A 2018-106
—
15 Tartan Avenue, Primeland Developments (2003) Limited
5.
A 2018-107
—
624 King Street West, Rahim Anwar
6.
A 2018-108
—
400 Bingemans Centre Drive, Summit Ltd.
7.
A 2018-109
—
1331 Countrystone Drive, Sunvest Development Corp.
8.
A 2018-110
—
97 Rivertrail Avenue, 25229365 Ontario Inc.
9.
A 2018-112
—
84 Mansion Street, Gary & Neda Cushing
10.
A 2018-113
—
56 Cameron Street North, Tony Rossel
11.
A 2018-114
—
227 Manitou Drive, Ali Rasoul
12.
A2018-115
—
1425 Block Line Road, NVU — Homer Watson Ltd.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 2839402
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 — VAR KIT — Kitchener, City of/Fire Station
3 — 06 FREDERICK GEN
5 — 15 KING KIT — Scherifali, Ahmet
6 — VAR KIT — Brick Brewing Co.
7 — 57 — Sunvest Development Corp.
11 — 69 — Rasoul, Ali
12 — 28 — Northview Apartment REIT
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Repod
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 16, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519-
741-2200 ext. 7110
WARD: 10
DATE OF REPORT: October 5, 2018
REPORT #: DSD -18-137
SUBJECT: A2018-112 — 84 Mansion Street
Applicants — Gary & Neda Cusming
Variance 1 & 2: Approve with Condition
Variance 3: Approve with Conditions
Location Map: 84 Mansion Street
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property located at 84 Mansion Street is zoned Residential Five (R-5) with Special Provision
129U in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant
is reconstructing an existing front porch. As shown in the photo below, there is a parking area between
the front porch and the sidewalk. The primary driveway for the residence is located between the side of
the dwelling and the easterly property line and leads to an attached garage.
Front yard and existing front porch of 84 Mansion Street
As a result of the proposed porch reconstruction, a number of variances are required. Variance 1 is
requesting relief from Section 39.2.1 of the Zoning By-law to locate a covered front porch 3.4 metres from
the front lot line, whereas 4.5 metres is required. Variance 2 is requesting relief from Section 5.3 of the
Zoning By-law, to locate the covered front porch within approximately 1.5 metres of the Driveway Visibility
Triangle (DVT), whereas no obstruction above 0.9 metres is permitted. Variance 3 is requesting relief
from Section 6.1.1.2 d) of the Zoning By-law to permit a parking space with a depth of 3.4 metres, whereas
5.5 metres is required.
City Planning staff conducted a site inspection of the property on October 4, 2018.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
1. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and
1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of
Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not
being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official
Plan which allows for low density forms of housing such as single detached dwellings is being relied
S
i-
--
1 �; �
eJ
Front yard and existing front porch of 84 Mansion Street
As a result of the proposed porch reconstruction, a number of variances are required. Variance 1 is
requesting relief from Section 39.2.1 of the Zoning By-law to locate a covered front porch 3.4 metres from
the front lot line, whereas 4.5 metres is required. Variance 2 is requesting relief from Section 5.3 of the
Zoning By-law, to locate the covered front porch within approximately 1.5 metres of the Driveway Visibility
Triangle (DVT), whereas no obstruction above 0.9 metres is permitted. Variance 3 is requesting relief
from Section 6.1.1.2 d) of the Zoning By-law to permit a parking space with a depth of 3.4 metres, whereas
5.5 metres is required.
City Planning staff conducted a site inspection of the property on October 4, 2018.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
1. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and
1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of
Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not
being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official
Plan which allows for low density forms of housing such as single detached dwellings is being relied
upon to determine whether the proposed variances meet the general intent of the Official Plan. The
requested variances are appropriate and would continue to maintain the low density character of the
property and surrounding neighbourhood. All requested variances will not significantly change the
existing conditions and it is the opinion of staff that they conform to the designation, are appropriate,
and meet the general intent of the Official Plan.
2. Variance I& Variance 2— Front Yard Setback & DVT encroachment
The requested variance to have a front yard setback of 3.4 metres rather than the required 4.5
metres, and to locate the porch within the DVT, whereas no object above 0.9 metres in height is
permitted, meets the general intent of the Zoning By-law. The intent of the 4.5 metre setback is to
maintain a consistent streetscape and to provide sufficient space between the dwelling and the public
amenity (sidewalk, street, etc.). The intent of not allowing objects above 0.9 metres in the DVT is to
maintain sufficient visibility of pedestrians on the sidewalk and vehicles on the street for vehicles
entering and exiting a driveway. It is the opinion of staff that the intent of both regulations are
maintained. Both seek to maintain existing conditions, and Transportation staff are supportive of the
encroachment into the DVT.
Variance 3 — Parking Space Depth
The requested variance to have a parking space depth of 3.4 metres, whereas 5.5 metres is required
meets the general intent of the Zoning By-law. The intent of the 5.5 metre depth requirement for a
parking space is to ensure that vehicles of most sizes can be accommodated within a parking space.
While the requested 3.4 metres is not sufficient to fit most vehicles, the space between the sidewalk
(on City property) and the front property line of the subject property could be added to the proposed
3.4 metres of depth provided on the subject property to result in a total minimum depth of 5.5 metres,
as required by the Zoning By-law. This depth would be provided on private & public land.
Staff note that concerns have been raised to City staff about vehicles overhanging the sidewalk at
the subject property. This leads staff to question whether a parking space with 5.5 metres of depth
can truly be accommodated between the sidewalk and the base of the existing/proposed covered
front porch. During a site visit on the subject property, staff noted some landscaping in front of the
porch, which would intrude into some of the parking space between porch and sidewalk. This is
further shown in the image below.
MJ
Based on aerial imagery, there are only
-S.2 metres of depth Between top of
existing parking space and sidewalk.
Landscaping Between base of covered front porch
and parking space could potentially be removed to
1+ accommodate a 5.5 rnetre parking space depth.
A
The existing/proposed parking space does not appear to meet the 5.5m depth requirements
Staff have added conditions of approval to address concerns with a parking space encroaching onto
the sidewalk to ensure that a 5.5 metre parking space is provided without including the space on the
sidewalk. Staff also observed that the driveway is not one consistent surface material, as required
by the Zoning By-law, and have added a condition that this be met. Lastly, as the parking space
would be partially located on City land, staff will require that the property owner enter into an
encroachment agreement with the City. If the above concerns are satisfied, it is the opinion of staff
that the general intent of the zoning by-law is met.
3. Staff is of the opinion that requested variances are minor as the approval of a reduced front yard
setback, encroachment in the DVT, and reduced minimum depth of a parking space will not cause
any significant impacts to the subject property or surrounding neighbourhood. All requested
variances seek to legalize existing conditions to facilitate the re -construction of an existing
covered front porch. Staff are satisfied that the existing conditions are suitable for the
neighbourhood. As discussed in Test #2, there are some concerns with regards to vehicles
overhanging the sidewalk at this property and staff have added conditions of approval to ensure
the impacts of a reduced parking space remain minor.
4. The requested variances are appropriate for the development and use of the land as the proposed
reconstruction of the existing covered front porch will maintain an existing condition. Staff is of the
opinion that the proposal is consistent with the low density development of the neighbourhood.
Based on the foregoing, Planning staff recommends that this application be approved with conditions.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the proposed
reconstruction of the front porch is obtained prior to construction. Please contact the Building Division @
519-741-2433 with any questions.
Transportation Services Comments:
a) Porch in the DVT: Considering that the property line has a setback of approximately 2.5m from
the edge of the sidewalk, the proposed porch would not affect the DVT significantly and won't
block the driver's line of sight. Therefore, Transportation Services have no concerns with the
proposed application.
b) Parking space with a depth of 3.4m: Transportation Services have no concerns with the proposed
application subject to the owner and City entering an encroachment agreement to locate the
parking space on City property.
Heritage Comments:
No heritage planning concerns.
Environmental Comments:
No environmental planning comments.
RECOMMENDATION
A. That Variance 1 & 2 outlined in Minor Variance Application A2018-112 requesting relief
from Section 39.2.1 of the Zoning By-law to permit the reconstruction of a covered front
porch to locate 3.4 metres from the front lot line, whereas 4.5 metres is required, and from
Section 5.3 of the Zoning By-law to locate an object more than 0.9 metres in height, being
the covered front porch, within approximately 1.5 metres of Driveway Visibility Triangle,
whereas no objects above 0.9 metres are permitted, be approved subject to the following
condition:
1. That a building permit be obtained for the proposed construction by November 1, 2019.
B. That Variance 3 outlined in Minor Variance application A2018-112 requesting relief from
Section 6.1.1.2 d) of the Zoning By-law to permit a parking space with a depth of 3.4m
within the property line rather than the required 5.5 metres, be approved subject to the
following conditions:
1. That the property owner enter into an encroachment agreement with the City of
Kitchener to locate a portion of a parking space on land owned by the City by November
1, 2019;
2. That it is demonstrated via survey, photograph, or other means to the satisfaction of
the Director of Planning that a parking space with a minimum depth of 5.5 metres has
been provided between the sidewalk and the base of the covered porch of the subject
property by November 1, 2019; and,
3. That it is demonstrated to the satisfaction of the Director of Planning that the entire
driveway is comprised of a material that is consistent throughout the driveway and that
is distinguishable from all other ground cover or surfacing, including landscaping or
walkways by November 1, 2019.
Richard Kelly-Ruetz, BES
Technical Assistant
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
October 9, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
1, 4, 8, 9, 10
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1.
SG 2018-010
— 505 Franklin Street North, Steve Roth (City of Kitchener)
2.
SG 2018-011
— 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3.
SG 2018-012
— 22 Frederick Street, EuroPro GP Inc.
4.
A 2018-106
—
15 Tartan Avenue, Primeland Developments (2003) Limited
5.
A 2018-107
—
624 King Street West, Rahim Anwar
6.
A 2018-108
—
400 Bingemans Centre Drive, Summit Ltd.
7.
A 2018-109
—
1331 Countrystone Drive, Sunvest Development Corp.
8.
A 2018-110
—
97 Rivertrail Avenue, 25229365 Ontario Inc.
9.
A 2018-112
—
84 Mansion Street, Gary & Neda Cushing
10.
A 2018-113
—
56 Cameron Street North, Tony Rossel
11.
A 2018-114
—
227 Manitou Drive, Ali Rasoul
12.
A2018-115
—
1425 Block Line Road, NVU — Homer Watson Ltd.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 2839402
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 — VAR KIT — Kitchener, City of/Fire Station
3 — 06 FREDERICK GEN
5 — 15 KING KIT — Scherifali, Ahmet
6 — VAR KIT — Brick Brewing Co.
7 — 57 — Sunvest Development Corp.
11 — 69 — Rasoul, Ali
12 — 28 — Northview Apartment REIT
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
J
Staff Report
Ki' NER
Community Services Department www.kitchenerca
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
October 16, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844
WARD:
9
DATE OF REPORT:
October 4, 2018
REPORT #:
DSD -18-138
SUBJECT:
A 2018-113 — 56 Cameron Street North
Owner — Annette Rossel and Adrian Anthony Rossel
Approve with Conditions
Aerial view of subject property
REPORT
Planning Comments:
The property is zoned Residential Five (R-5) in By-law 85-1 and is designated as Low Rise Residential
in both of the 1994 and 2014 Official Plans. Staff visited the site on October 4, 2018.
The owner is requesting permission to permit two parking spaces for an existing duplex use that will
encroach onto City lands; to be setback 0 m from the front lot line rather than required 6 -metre setback
for one space; and for both parking spaces to be 2.57 x 5.30 metres rather than the required 2.6 x 5.5
metres.
History: The subject building was constructed over 100 years ago and there is insufficient side yard for
a driveway to be created along the side of the building. The building was converted to a duplex use prior
to 1962 when there were no parking minimum parking space requirements for a duplex use. Therefore,
it is considered legal non -conforming to have no parking spaces for the duplex. However, nowadays
tenants often own at least one vehicle and a parking space for each unit is being requested.
Existing driveway
Photo #1
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
The proposed variances meet the general intent of the Official Plan. The subject property is designated as
Low Rise Residential in the of the City's 1994 and 2014 Official Plans. The 2014 Official Plan Designation is
in effect, however a significant number of policies from the 2014 Official Plan are under appeal and therefore
are not being solely relied upon for this report. Instead, Low Rise Residential policy from the 1994 Official
Plan is being reviewed for compliance. The proposed variances meet the intent of the designation which
encourages a full range of housing types to achieve a low density neighbourhood. The requested variances
to permit parking for a duplex use are appropriate for the area and continue to maintain the low-density
character of the property and surrounding neighbourhood.
The proposed variances for two parking spaces meet the general intent of the Zoning By-law and can be
considered minor. As there is no opportunity to develop a driveway at the side of the house, the request for
the size and location of the two parking spaces for the duplex use is considered appropriate for the property
and for the streetscape. The depth of the spaces will be 0.2 metres shorter than what is required. However,
this is still a sufficient size to accommodate standard residential vehicles and can be considered minor, as it
is a small portion of the overall depth requirement.
Photo #2
For a duplex use, only one of the two parking spaces is required to be setback a minimum of 6 metres. It is
intended that the 6 -metre setback can provide additional parking in tandem in the driveway, as well as
ensuring the location of spaces do not negatively affect the streetscape. As noted above, the building
location prohibits any parking space being setback 6 metres from the front lot line. As this is an older area,
there are many driveway widenings that are constructed to the property line and therefore parking along the
front lot line/sidewalks. The requested variance is appropriate for the area and staff have no concerns with
this request.
The proposed parking variances are appropriate for the development of the property and streetscape. As
noted above, as the intent of the by-law being met and variances can be considered minor, staff are of the
opinion that this is appropriate development for both the subject property and the surrounding streetscape.
In addition to above comments, staff note that there has been a history of non -complying parking on the
grassed area to the right of the front lawn (see Photo #2). There currently is some loose gravel/asphalt in
the grassed area and staff recommend that the loose gravel/asphalt be removed and the area be sodded or
reseeded to discourage future parking on the lawn.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions noted in the Recommendation section below.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application subject to the following
conditions:
• A concrete curb/barrier should be provided to define the location/limits of the parking spaces.
This is to avoid encroachment of the parked vehicles to the neighbor's property.
Engineering Comments:
No comments.
Heritage Planning Comments & Environmental Planning Comments:
No comments.
RECOMMENDATION:
That application A 2018-113 requesting permission to permit two parking spaces for an existing duplex
use which will encroach onto City lands; to be setback 0 m from the front lot line rather than required 6
metre setback for one space; and for both parking spaces to be 2.57 x 5.30 metres rather than the
required 2.6 x 5.5 metres, be approved, subject to the following conditions:
1) That a barrier is provided to define the location/limits of the parking spaces to avoid
encroachment of the parked vehicles to the neighbor's property; to the satisfaction of the
Planning Division;
2) That all loose gravel and/or asphalt be removed from the right side of the front lawn and that
the area be sodded or reseeded with grass; to the satisfaction of the Planning division,
3) That the owner shall enter into an encroachment agreement for the parking spaces with the City
of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands; and,
4) That the above noted conditions to be completed by May 30th, 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.
Sheryl Rice Menezes, CPT
Planning Technician (Zoning)
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
October 9, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
1, 4, 8, 9, 10
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1.
SG 2018-010
— 505 Franklin Street North, Steve Roth (City of Kitchener)
2.
SG 2018-011
— 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3.
SG 2018-012
— 22 Frederick Street, EuroPro GP Inc.
4.
A 2018-106
—
15 Tartan Avenue, Primeland Developments (2003) Limited
5.
A 2018-107
—
624 King Street West, Rahim Anwar
6.
A 2018-108
—
400 Bingemans Centre Drive, Summit Ltd.
7.
A 2018-109
—
1331 Countrystone Drive, Sunvest Development Corp.
8.
A 2018-110
—
97 Rivertrail Avenue, 25229365 Ontario Inc.
9.
A 2018-112
—
84 Mansion Street, Gary & Neda Cushing
10.
A 2018-113
—
56 Cameron Street North, Tony Rossel
11.
A 2018-114
—
227 Manitou Drive, Ali Rasoul
12.
A2018-115
—
1425 Block Line Road, NVU — Homer Watson Ltd.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 2839402
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 — VAR KIT — Kitchener, City of/Fire Station
3 — 06 FREDERICK GEN
5 — 15 KING KIT — Scherifali, Ahmet
6 — VAR KIT — Brick Brewing Co.
7 — 57 — Sunvest Development Corp.
11 — 69 — Rasoul, Ali
12 — 28 — Northview Apartment REIT
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Report
Development Services Department
1
R
www.ki tch en er. c a
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 16, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860
WARD: 3
DATE OF REPORT: October 5, 2018
REPORT #: DSD -18-139
SUBJECT: A2018-114 — 227 Manitou Drive
Applicants — Omar Alshikh on behalf of Ali Rasoul
Approved with Conditions
L�
1,
Location Map: 227 Manitou Drive
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property located at 227 Manitou Drive is zoned Heavy Industrial (M-4), with Special
Regulation Provision 34U in the Zoning By-law 85-1 and designated Heavy Industrial Employment in the
City's Official Plan. The applicant is requesting relief from Section 22.3.1 of the Zoning By-law to have a
rear yard setback of 1.56 metres rather than the required setback of 7.5 metres. Further relief is being
requested from Section 6.1.1.1.a) iv) to reduce the setback for the parking space to 1.1 metres from the
front lot line rather that the required setback of 3.0m.
City Planning staff conducted a site inspection of the property on October 1, 2018.
227 Manitou Drive (Rear yard)
227 Manitou Drive (Front yard)
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
The subject property is designated Heavy Industrial Employment in the City's 2014 Official Plan.
The intent of the Heavy Industrial designation in the 2014 Official Plan is to allow industrial uses
that are devoted to heavy manufacturing and generally refer to those uses that are characterized
by large volumes or materials and products, truck traffic, and as being noxious due to vibration,
noise, emissions or odour. In addition, a wide variety of industrial uses, such as Service and
Repair of Motor Vehicles is permitted. The proposed variances conform to the designation and it
is the opinion of staff the requested variances are appropriate and meet the general intent of the
Official Plan.
2. The requested variance to permit a rear yard setback of 1.56 metres meets the general intent of the
Zoning By-law. The intent of the 7.5 metre setback is to provide adequate space at the rear of the
properties, typically for on-site circulation and adequate separation from neighbouring properties.
The adjacent properties all have the same zoning as the subject property and the adjacent buildings
are all setback accordingly. There is also a large parking area on the property that will allow for
adequate on-site circulation.
The request to legalize the existing parking spaces located 1.1 metres from the front property line,
whereas 3.0 metres is required also meets the general intent of the Zoning Bylaw. The reduction
of 1.90 can be considered minor, as the minor variance will legalize an existing situation. The
driveway visibility triangle is also not affected by the proposed setback. The front property line is
setback approximate 2 metres from the sidewalk, which provides additional clearance to the
roadway so vehicles can enter and exit safely.
It is not anticipated that any negative impacts on the adjacent properties will result from the variances
required therefore, the intent of the Zoning Bylaw continues to be maintained.
3. The variances can be considered minor as it is the opinion of staff that the reduced rear yard setback
and reduced front yard setback for parking spaces will not present any significant impacts to
adjacent properties and the overall neighbourhood.
4. The variance is appropriate for the development and use of the land. The requested variance should
not impact the existing character of the surrounding neighbourhood.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the proposed
single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-
2433 with any questions.
Transportation Services Comments:
Considering that the requested parking setback variance does not affect the DVTs, Transportation
Services have no concerns with the proposed application.
Environmental Comments:
No environmental planning concerns.
Heritage Comments:
No heritage planning concerns.
RECOMMENDATION
That minor variance application A2018-114 requesting relief from Section 22.3.1 to permit a rear
yard setback of 1.56 metres, whereas 7.5 meters is required and; relief from Section 6.1.1.1 a) iv)
to allow a parking space 1.1 metres from the street line rather than the required 3.0 metres; be
approved, subject to the following conditions:
1. A building permit be issued from the City's Building Division for the proposed addition.
2. That Site Plan approval is issued to the satisfaction of the Manager of Site Development
and Customer Service.
3. That all conditions shall be completed prior to July 1St, 2019. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate), prior to the completion date set out in this decision. Failure to fulfill these
conditions will result in this approval becoming null and void.
Tim Seyler, BES Juliane von Westerholt, MCIP, RPP
Junior Planner Senior Planner
Region of Waterloo
October 9, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
1, 4, 8, 9, 10
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1.
SG 2018-010
— 505 Franklin Street North, Steve Roth (City of Kitchener)
2.
SG 2018-011
— 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3.
SG 2018-012
— 22 Frederick Street, EuroPro GP Inc.
4.
A 2018-106
—
15 Tartan Avenue, Primeland Developments (2003) Limited
5.
A 2018-107
—
624 King Street West, Rahim Anwar
6.
A 2018-108
—
400 Bingemans Centre Drive, Summit Ltd.
7.
A 2018-109
—
1331 Countrystone Drive, Sunvest Development Corp.
8.
A 2018-110
—
97 Rivertrail Avenue, 25229365 Ontario Inc.
9.
A 2018-112
—
84 Mansion Street, Gary & Neda Cushing
10.
A 2018-113
—
56 Cameron Street North, Tony Rossel
11.
A 2018-114
—
227 Manitou Drive, Ali Rasoul
12.
A2018-115
—
1425 Block Line Road, NVU — Homer Watson Ltd.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 2839402
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 — VAR KIT — Kitchener, City of/Fire Station
3 — 06 FREDERICK GEN
5 — 15 KING KIT — Scherifali, Ahmet
6 — VAR KIT — Brick Brewing Co.
7 — 57 — Sunvest Development Corp.
11 — 69 — Rasoul, Ali
12 — 28 — Northview Apartment REIT
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Report
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
K►;x77 ,\�R
wwwkitchener. ca
Committee of Adjustment
October 16', 2018
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Eric Schneider, Junior Planner— 519-741-2200 ext. 7843
3
October 8t", 2018
DSD -18-140
A2018-115 — 1425 Block Line Road
Applicant — Scott Patterson
Approve with Condition
9
IL
l pGK yhNE RD v.
Location Map: 1425 Block Line Road
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property located at 1425 Block Line Road is zoned Neighbourhood Shopping
Centre Zone (C-2) in the Zoning By-law 85-1 with special regulation provision 371 R and special
use provision 85U, which permits multiple dwelling. The property is designated Mixed Use in the
2014 Official Plan (under appeal) and designated Mixed Use Node in the 1994 Official Plan.
Staff conducted a site inspection of the property on September 14th, 2018.
The applicant is requesting relief from Section 6.1.2a) of the Zoning By-law to allow a multiple
dwelling site to contain a minimum of 1 parking space per unit rather than the required 1.5
parking spaces per unit. The applicant is also requesting relief from Section 6.1.2b)vi)B) to allow
a minimum of 10% visitor parking whereas the By-law requires 20%.
View of Vacant Lot (September 14th, 2018)
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments.
1. The requested variances meet the general intent of the Official Plan. The subject property is
designated Mixed Use in the 1994 Official Plan and the 2014 Official Plan (under appeal)
and is located within a Major Transit Station Area. The mixed use designation favours
transit -supportive development and walkable neighbourhoods, which can be achieved if less
emphasis is placed on the automobile. Major Transit Station Areas are considered to be
within a ten minute walk of a Rapid Transit Station and the policies encourage reductions in
parking to achieve transit -oriented development. Therefore, the requested variance for
reduction in parking meets the general intent of the Official Plan.
2. The requested variances for reduction in parking meet the general intent of the Zoning By-law.
The intent of parking minimum regulations is to ensure that a sufficient amount of parking is
provided for a given development. To support the proposed parking rate, the applicant
submitted a parking justification study for the subject site, which suggests that the average
peak parking usage is expected to be 0.94 vehicles per unit. This would encompass both
resident parking and visitor parking. The applicant is proposing to provide 1.0 parking spaces
per unit and an additional 10% of those spaces provided for visitor parking. This will bring the
total to 1.1 parking spaces per unit including both resident parking and visitor parking, which
exceeds the figure suggested in the parking justification study. The proposed development is
also utilizing measures suggested by the City's TDM Checklist to help reduce demand for
automobile parking and justify the proposed reduction, including providing more secure indoor
bicycle parking than required. Staff believes that the proposed parking rate will be sufficient in
providing parking spaces for the multiple dwelling and therefore meets the general intent of the
Zoning By-law.
3. The proposed variances are considered desirable and appropriate for the development and
use of the lands. Given the land use designation of the property as well as its location within
a Major Transit Station Area, Staff believes the proposed reduction in parking is appropriate
for lands in this area.
4. The variance is considered minor. The impacts of reducing parking are expected to be
minor.
Based on the foregoing, Planning staff recommends that this application be approved subject
to the conditions outlined in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
Transportation Services have reviewed the parking justification study submitted and have no
concerns with the proposed parking rate of 1 resident parking space per unit plus 0.1 visitor
parking spaces per unit.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
RECOMMENDATION
That application A2018-115 requesting permission to construct a multi -residential
development, one 12 storey building and one 8 -storey building, containing a total of 365 -
units having 1 off-street parking space/per unit rather than the required 1.5 off-street
parking spaces/per-unit; and, to have 10% off-street visitor parking spaces rather than
the required 20% off-street visitor parking spaces be approved, subject to the following
condition:
1. That a building permit is obtained from the Building Division prior to any
construction.
Eric Schneider, BES Juliane von Westerholt, B.E.S., MCIP, RPP
Junior Planner Senior Planner
Region of Waterloo
October 9, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
1, 4, 8, 9, 10
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1.
SG 2018-010
— 505 Franklin Street North, Steve Roth (City of Kitchener)
2.
SG 2018-011
— 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3.
SG 2018-012
— 22 Frederick Street, EuroPro GP Inc.
4.
A 2018-106
—
15 Tartan Avenue, Primeland Developments (2003) Limited
5.
A 2018-107
—
624 King Street West, Rahim Anwar
6.
A 2018-108
—
400 Bingemans Centre Drive, Summit Ltd.
7.
A 2018-109
—
1331 Countrystone Drive, Sunvest Development Corp.
8.
A 2018-110
—
97 Rivertrail Avenue, 25229365 Ontario Inc.
9.
A 2018-112
—
84 Mansion Street, Gary & Neda Cushing
10.
A 2018-113
—
56 Cameron Street North, Tony Rossel
11.
A 2018-114
—
227 Manitou Drive, Ali Rasoul
12.
A2018-115
—
1425 Block Line Road, NVU — Homer Watson Ltd.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Document Number: 2839402
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 — VAR KIT — Kitchener, City of/Fire Station
3 — 06 FREDERICK GEN
5 — 15 KING KIT — Scherifali, Ahmet
6 — VAR KIT — Brick Brewing Co.
7 — 57 — Sunvest Development Corp.
11 — 69 — Rasoul, Ali
12 — 28 — Northview Apartment REIT
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Staff Repoil
Development Services Department
J
wR
www.kitchener. ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 16, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
PREPARED BY: Lisa Thompson, Planning Technician 519-741-2200 ext. 7847
WARD: 9
DATE OF REPORT: October 2, 2018
REPORT #: DSD -18-141
SUBJECT: APPLICATION #: B2018-116
357 King Street East
Applicant: Johanna Crespo, James Fryett Architect Inc.
Approve with Conditions
.33
339
3 47
343
3
IV rr
i J
r If/
;r
REPORT
388390
Location Map: 357 King Street East
Planning Comments:
The subject property is designated Mixed Use Corridor — King Street East Neighbourhood Plan
in the City's 1994 Official Plan and zoned Mixed Use Three (MU -3) with Special Regulation
544R in Zoning By-law 85-1. The subject property is currently developed with a multi -tenant
commercial building.
The Owner is requesting permission to create an access easement of a small portion of the
property for access purposes for a new development proposed on the adjacent lands at 387
King Street East. The easement would have a width of 2.41 metres, a depth of 10.72 metres
and an area of 25.85 square metres.
City Planning staff conducted a site inspection of the property on October 1, 2018.
,r E
f
i
r
iv+!t It r-" -I
Proposed Easement Location (in favour of future mixed use development)
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning
Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the access easement is desirable
and appropriate. Granting the access easement in favour 387 King Street East will support the
large mixed use development proposed for 387 King Street East and will not compromise the
function or use of 357 King Street East.
The effect of the easement will remove one existing parking space on 357 King Street East,
however the development at 387 King Street East will be providing twelve (12) off-site parking
spaces for 357 King Street East including the displaced space.
Based on the foregoing, Planning staff recommends that Consent Application B2018-116,
requesting consent to create an access easement over the subject property in favour of 387
King Street East be approved, subject to the conditions listed in the Recommendation section
of this report.
Building Comments:
No concerns with the proposed consent.
Heritage Comments:
No concerns with the proposed consent.
Environmental Planning Comments:
No concerns with the proposed consent.
2
Transportation Services Comments:
No concerns with the proposed consent.
Engineering Comments:
No concerns with the proposed consent.
Operations Comments:
Park land dedication will not be required for this application. The property is within the Kitchener
Downtown Core Area and is exempt from dedication.
RECOMMENDATION:
That Application B2018-116 requesting consent to create an access easement having a width of
2.41 metres, a depth of 10.72 metres and an area of 25.85 square metres in favour of 387 King
Street East be approved, subject to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property to the satisfaction of the City's
Revenue Division;
2. That the owner provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one
full size paper copy of the plan(s). The digital file needs to be submitted according to
the City of Kitchener's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
3. That the Transfer Easement document required to create the Easement 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 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 being granted shall be
maintained and registered on title in perpetuity and shall not be amended,
released or otherwise dealt with without the express written consent of the City
4. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor
be provided to the City Solicitor.
Lisa Thompson, CPT
Planning Technician
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
3
Region of Waterloo
File No. D20-20/18 KIT
October 5, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SEHVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Application B2018-116
Committee of Adjustment Hearing October 16, 2018
CITY OF KITCHENER
B2018-116
357 King Street East
2343439 Ontario Inc.
The owner/applicant is proposing an easement for access along the southerly property
line of 357 King Street East in favour of the property municipally addressed as 3387
King Street East.
Regional staff has no objection to the application.
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof. Please accept this letter as our request for a copy of the staff
reports, decisions and minutes pertaining to each of the consent applications noted
above. Should you require Regional Staff to be in attendance at the meeting or have
any questions, please do not hesitate to contact the undersigned.
Yours truly,
mnlie4l--
Matthew Colley
Planner
Document Number: 2831819 Version: 1
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104
387 King Street East
A 2018-106
15 Tartan Avenue
A 2018-107
624 King Street West
A 2018-108
400 Bingemans Centre Drive
A 2018-109
1331 Countrystone Drive
A 2018-110
97 Rivertrail Avenue
A 2018-112
84 Mansion Street
A 2018-113
56 Cameron Street North
A 2018-114
227 Manitou Drive
A 2018-115
1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.