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HomeMy WebLinkAboutCA - 2018-09-18COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:08 a.m. Present: Mr. A. Head, Vice -Chair Ms. J. Meader Mr. B. McColl Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Mr. S. Bassanese, Urban Designer Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. B. McColl Seconded by Ms. J. Meader That the regular minutes of the Committee of Adjustment meeting held August 21, 2017, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 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 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised the applicant is 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. The Committee considered Development Services Department report DSD -18-110 dated September 10, 2018, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 31, 2018, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated September 10, 2018, advising although they have no objection to this application, they noted 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 permit from GRCA will be required prior to grading/construction, as per Ontario Regulation 150/06. As no one was in attendance this date in support of the subject application, the Committee agreed to defer the application to the October 16, 2018 Committee of Adjustment meeting. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -259- CITY OF KITCHENER 2. Submission No.: A 2018-096 Applicants: Robert and Jana Grassing Property Location: 904 Magdalena Court Legal Description: Lot 110, Registered Plan 58M-451 Appearances: In Support: R. Grassing Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a covered porch in the rear yard of an existing single detached dwelling having a rear yard setback of 4.85m rather than the required 7.5m. The Committee considered Development Services Department report DSD -18-111 dated September 7, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 31, 2018, advising they have no concerns with this application. Mr. R. Grassing was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ROBERT and JANA GRASSING requesting permission to construct an attached roof over an existing deck in the rear yard of an existing single detached dwelling having a rear yard setback of 4.85m rather than the required 7.5m, on Lot 110, Registered Plan 58M- 451, 904 Magdalena Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the City's Building Division for the proposed addition by May 1, 2019. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -260- CITY OF KITCHENER 3. Submission No.: A 2018-097 Applicants: Alexander and Nicholas Matsias Property Location: 196 Hickson Drive Legal Description: Lot 6, Plan 1055 Appearances: In Support: M. and N. Matsias Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to convert a single detached dwelling into a duplex having the required off-street parking space located 5.48m from the lot line rather than the required 6m. The Committee considered Development Services Department report DSD -18-112 dated September 4, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 31, 2018, advising they have no concerns with this application. Messrs. M. and N. Matsias were in attendance in support of the subject application and staff recommendation. In response to questions, Mr. M. Matsias stated when applying for a building permit, they were advised they did not have sufficient space in the driveway as outlined in the Zoning By-law for the required off-street parking spaces. He stated there is room within the driveway for four vehicles. Questions were raised regarding the variance and what the By-law requires regarding parking for the proposed duplex. Mr. D. Seller advised although the driveway can accommodate 4 vehicles, the variance would be for two parking spaces side-by-side, as the required distance between a parking space and the property line is 6m and the applicant is only able to provide 5.5m. He stated the variance would be applicable to two -off street parking spaces. Ms. J. Meader stated while she had no objections to the requested variance, it would be her preference to amend the Committee's recommendation to provide further clarity that the variance applies to two required off-street parking spaces. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of NICHOLAS and ALEXANDER MATSIAS requesting permission to convert a single detached dwelling into a duplex having the two required off-street parking spaces located 5.48m from the lot line rather than the required 6m, on Lot 6, Plan 1055, 196 Hickson Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -261- CITY OF KITCHENER 4. Submission No.: A 2018-098 Applicants: Branko and Mirjana Sorgic Property Location: 6 Waterwillow Crescent Legal Description: Part Block 1, Plan 1822, beinq Part 6 on Reference Plan 58R-9950 Appearances: In Support: B. Ivanovic M. Sorgic Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct an addition in the rear yard of an existing single detached dwelling, having a rear yard setback of 5m rather than the required 7.5m; and, to have a side yard abutting Waterwillow Court of 3m rather than the required 4.5m. The Committee considered Development Services Department report DSD -18-113 dated September 7, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 31, 2018, advising they have no concerns with this application. Ms. B. Ivanovic and Ms. M. Sorgic were in attendance in support of the subject application and staff recommendation. Ms. J. Meader questioned whether the applicant intended to remove the existing shed. She stated in her opinion, the application was premature as the applicant was requesting variances without the necessary elevation drawings to support the as -of -right approval. She advised she would not support a condition where staff would be delegated as the authority to review elevation drawings following the Committee's approval. Mr. B. McColl brought forward a motion to approve the subject application as outlined in the staff report, with the addition of a condition stating the existing shed shall be removed/relocated to the satisfaction of the Director of Planning, which was seconded by Mr. A. Head. The following motion was voted on and Carried. Ms. J. Meader voted in opposition. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of BRANKO and MIRJANA SORGIC requesting permission to construct an addition in the rear yard of an existing single detached dwelling, having a rear yard setback of 5m rather than the required 7.5m; and, to have a side yard abutting Waterwillow Court of 3m rather than the required 4.5m, on Part Block 1, Plan 1822, being Part 6 on Reference Plan 58R- 9950, 6 Waterwillow Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure the setbacks of the addition are built in accordance with the setbacks shown on the plan submitted with the application as 'Appendix A'. 2. That the owner shall submit a site plan showing the location of the proposed single detached dwelling on the lot and elevation drawings showing the proposed addition to the satisfaction of the Director of Planning, illustrating that the proposed dwelling will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to the issuance of any building permit. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -262- CITY OF KITCHENER 4. Submission No.: A 2018-098 (Cont'd) 3. That the owner shall ensure any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Operations and Planning. That prior to the issuance of a building permit, the owner shall make satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Operations. 4. That the owner shall obtain a building permit for the proposed addition and change of use by October 1, 2019. 5. That the owner shall remove/relocate the existing shed currently located in the rear yard to the satisfaction of the Director of Planning. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 5. Submission No.: A 2018-099 Applicant: 2589769 Ontario Corp. Property Location: 161 Victoria Street South Legal Description: Lot 1, Plan 104 Appearances: In Support: J. and B. Corman Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert an existing legal non -conforming duplex into a mixed use, commercial/residential dwelling, having a Floor Space Ratio (FSR) of 0.4, whereas the By-law requires a minimum FSR of 0.6; a Driveway Visibility Triangle (DVT) of 3m by 4.5m rather than the required 4.57m by 4.57m; having a fapade height of 3.9m whereas the By-law requires a minimum fapade height of 6m; and, to permit a health clinic with 5 off-street parking spaces rather than the required 6 off-street parking spaces. The Committee considered Development Services Department report DSD -18-114 dated September 14, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 31, 2018, advising they have no concerns with this application. Messrs. J. and B. Corman were in attendance in support of the subject application and staff recommendation. Ms. J. Meader suggested, and it was agreed, that the decision this date would include a condition requiring the applicant to obtain a Building Permit for the change in use. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -263- CITY OF KITCHENER 5. Submission No.: A 2018-099 (Cont'd) Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of 2589769 ONTARIO CORP requesting permission to convert an existing legal non -conforming duplex into a mixed use, commercial/residential dwelling, having a Floor Space Ratio (FSR) of 0.4, whereas the By-law requires a minimum FSR of 0.6; a Driveway Visibility Triangle (DVT) of 3m by 4.5m rather than the required 4.57m by 4.57m; having a fapade height of 3.9m whereas the By-law requires a minimum fapade height of 6m; and, to permit a health clinic with 5 off-street parking spaces rather than the required 6 off-street parking spaces, on Lot 1, Plan 104, 161 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a building permit for the change of use to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 6. Submission No.: A 2018-100 Applicant: Citified Property Initiative Inc. Property Location: 6 Southdale Avenue Legal Description: Subdivision of Lot 18 and Part Lot 75, German Company Tract, being Parts 2 & 3 on Reference Plan 58R-17449 Appearances: In Support: S. Patterson S. O'Neil Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an 8 -unit 3 -storey multi -residential dwelling having an easterly side yard setback of 1.9m rather than the required 2.5m. The Committee considered Development Services Department report DSD -18-115 dated September 14, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 31, 2018, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated September 10, 2018, advising although they have no objection to this application, they noted a majority of the subject lands are located within the floodplain of Shoemaker Creek. Consequently, this property is regulated by the GRCA under Ontario Regulation 150/06. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -264- CITY OF KITCHENER 6. Submission No.: A 2018-100 (Cont'd) Mr. S. Patterson addressed the Committee in support of the subject application and staff recommendation. He noted the first page of the staff report indicated the application was subject to conditions. The Chair clarified there were no conditions imposed to the subject application. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of CITIFIED PROPERTY INITIATIVE INC. requesting permission to construct an 8 -unit, 3 -storey multi -residential dwelling with an attached porch exceeding 0.6m in height to have an easterly side yard setback of 1.8m rather than the required 2.5m, on Subdivision of Lot 18 and Part Lot 75, German Company Tract, being Parts 2 & 3 on Reference Plan 58R-17449, 6 Southdale Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried Submission No.: A 2018-101 Applicant: Warren D. Sinclair Construction Ltd. Property Location: 264 Lawrence Avenue Legal Description: Part Lot 68, Plan 786 Appearances: In Support: D. Sinclair D. Galbraith Contra: None Written Submissions: None The Committee was advised the applicant is requesting legalization of an existing Office/Employment building having 5 off-street parking spaces rather than the required 6 off-street parking spaces. The Committee considered Development Services Department report DSD -18-116 dated September 10, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 31, 2018, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated September 10, 2018, advising although they have no objection to this application, they noted a small portion of the property is adjacent to the floodplain of Henry Sturm Creek with the 5 metre regulatory allowance to the floodplain extending onto the property. If any new development is proposed within the regulated area a permit from the GRCA will be required pursuant to Ontario Regulation 150/06. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -265- CITY OF KITCHENER Submission No.: A 2018-101 (Cont'd Messrs. D. Sinclair and D. Galbraith were in attendance in support of the subject application and staff recommendation. Questions were raised regarding Transportation Services Department comments noted in the staff report regarding the proposed 3m Driveway Visibility Triangle (DVT). Mr. D. Seller advised he would support a condition being added this date to address the DVT. He stated from the plan submitted with the application, it appeared the applicant would have adequate space for parking, noting the plan indicates sufficient space for a 3.21 DVT. A motion was brought forward by Mr. B. McColl to approve the subject application as outlined in the staff recommendation, including a condition requiring the owner to provide a parking plan to the satisfaction of the Director of Planning which would include the required DVT. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of WARREN D. SINCLAIR CONSTRUCTION LTD requesting legalization of an existing Office/Employment building having 5 off-street parking spaces rather than the required 6 off-street parking spaces, on Part Lot 68, Plan 786, 264 Lawrence Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a building permit from the Building Division prior to any construction. 2. That the owner shall submit a parking plan demonstrating a 3.21 Driveway Visibility Triangle (DVT) to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 8. Submission No.: A 2018-102 Applicants: Marko and Maria Kasumovic Property Location: 70 Windrush Trail Legal Description: Lot 87, Plan 1710 Appearances: In Support: M. and M. Kasumovic Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct an addition in the rear yard of an existing single detached dwelling having a rear yard setback of 6.724m rather than the required 7.5m; and, a driveway having a width of 8.7m whereas the By-law permits a maximum width of 8m. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -266- CITY OF KITCHENER 8. Submission No.: A 2018-102 (Cont'd) The Committee considered Development Services Department report DSD -18-117 dated September 11, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 31, 2018, advising they have no concerns with this application. Mr. M. and Ms. M. Kasumovic were in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MARKO and MARIA KASUMOVIC requesting permission to construct an addition in the rear yard of an existing single detached dwelling having a rear yard setback of 6.724m rather than the required 7.5m; and, a driveway having a width of 8.7m whereas the By- law permits a maximum width of 8m, on Lot 87, Plan 1710, 70 Windrush Trail, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a revision to the issued building permit from the Building Division prior to construction. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 9. Submission No.: A 2018-103 Applicant: Novacore (83 Elmsdale Drive) Inc. Property Location: 83 Elmsdale Drive Legal Description: Part Lots 3 and 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026 Appearances: In Support: H. Price N. Hallman Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a multi -residential development having a front yard setback along Elmsdale Drive of 3.6m rather than the required 4.5m. The Committee considered Development Services Department report DSD -18-118 dated September 10, 2018, recommending approval of this application. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -267- CITY OF KITCHENER 9. Submission No.: A 2018-103 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 31, 2018, advising they have no concerns with this application. Ms. H. Price and Mr. N. Hallman were in attendance in support of the subject application and staff recommendation. Ms. Price provided a brief overview of the application, noting the parcel has received Site Plan Approval in Principal. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of NOVACORE (83 ELMSDALE DRIVE) INC requesting permission to construct a multi -residential development identified in Site Plan Application SP17/091/E/KA having a building height of 13.5m to be located 3.6m from the lot line abutting Elmsdale Drive rather than the required 4.5m, on Part Lots 3 and 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026, 83 Elmsdale Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 10. 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 Appearances: In Support: H. Price J. Crespo Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -268- CITY OF KITCHENER 10. Submission No.: A 2018-104 (Cont'd) The Committee considered Development Services Department report DSD -18-119 dated September 5, 2018, recommending deferral of this application to the October 16, 2018 Committee meeting to allow additional time to review the application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 31, 2018, advising they have no concerns with this application. Ms. H. Price and Ms. J. Crespo were in attendance in support of the recommended deferral, noting they were in agreement with the staff recommendation to defer the subject application to the October 16, 2018 Committee of Adjustment meeting. She indicated one month should be sufficient time to address the comments from Transportation Services. CONSENT APPLICATIONS: 1. Submission Nos.: B 2018-063 to B 2018-113 Applicant: Milestone Developments Inc. Property Location: 210-282 Rivertrail Avenue, 125-181 Grand Flats Trail, 124-148 Grand Flats Trail, 45-53 Vallybrook Drive and 54-78 Valleybrook Drive Legal Description: Lots 46-51, 54-56, 67-73, 76-91 & 100-118, Registered Plan 58M-605 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to grant the following easements for maintenance and encroachment: B 2018-063 - 242 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 246 Rivertrail Avenue. B 2018-064 - 238 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 242 Rivertrail Avenue. B 2018-065 - 234 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 238 Rivertrail Avenue. B 2018-066 - 230 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 234 Rivertrail Avenue. B 2018-067 - 226 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 230 Rivertrail Avenue. B 2018-068 - 222 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 226 Rivertrail Avenue. B 2018-069 - 218 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 222 Rivertrail Avenue. B 2018-070 - 214 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 218 Rivertrail Avenue. B 2018-071 - 210 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 214 Rivertrail Avenue. B 2018-072 - 282 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 286 Rivertrail Avenue. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -269- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) B 2018-073 - 278 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 282 Rivertrail Avenue. B 2018-074 - 274 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 278 Rivertrail Avenue. B 2018-075 - 270 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 274 Rivertrail Avenue. B 2018-076 - 266 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 270 Rivertrail Avenue. B 2018-077 - 262 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 266 Rivertrail Avenue. B 2018-078 - 258 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 262 Rivertrail Avenue. B 2018-079 - 254 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 258 Rivertrail Avenue. B 2018-080 - 250 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 254 Rivertrail Avenue B 2018-081 - 246 Rivertrail Avenue - having a width of 1.5m, a depth of 27.5m and an area of 41.3 sq. m. in favour of 250 Rivertrail Avenue. B 2018-082 - 125 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 121 Grand Flats Trail. B 2018-083 - 129 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 125 Grand Flats Trail. B 2018-084 - 133 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 129 Grand Flats Trail. B 2018-085 - 137 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 133 Grand Flats Trail. B 2018-086 - 141 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 137 Grand Flats Trail. B 2018-087 - 145 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 141 Grand Flats Trail. B 2018-088 - 149 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 145 Grand Flats Trail. B 2018-089 - 153 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 149 Grand Flats Trail. B 2018-090 - 157 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 153 Grand Flats Trail. B 2018-091 - 161 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 157 Grand Flats Trail. B 2018-092 - 165 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 161 Grand Flats Trail. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -270- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) B 2018-093 - 169 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 165 Grand Flats Trail. B 2018-094 - 173 Grand Flats Trail - having a width of 1.5m, a depth of 28.35m and an area of 42.5 sq. m. in favour of 169 Grand Flats Trail. B 2018-095 - 177 Grand Flats Trail - having a width of 1.5m, a depth of 29.09m and an area of 43.6 sq. m. in favour of 173 Grand Flats Trail. B 2018-096 - 181 Grand Flats Trail - having a width of 1.5m, a depth of 30.25m and an area of 45.38 sq.m. in favour of 177 Grand Flats Trail. B 2018-097 - 45 Valleybrook Drive - having a width of 1.5m, a depth of 28.5m and an area of 42.8 sq. m. in favour of 41 Valleybrook Drive. B 2018-098 - 49 Valleybrook Drive - having a width of 1.5m, a depth of 29.86m and an area of 44.8 sq. m. in favour of 45 Valleybrook Drive. B 2018-099 - 53 Valleybrook Drive - having a width of 1.5m, a depth of 30.89m and an area of 46.3 sq. m. in favour of 49 Valleybrook Drive. B 2018-100 - 124 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 120 Grand Flats Trail. B 2018-101 - 128 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 124 Grand Flats Trail. B 2018-102 - 132 Grand Flats Trail - having a width of 1.5m, a depth of 28m and an area of 42 sq. m. in favour of 128 Grand Flats Trail. B 2018-103 - 136 Grand Flats Trail - having a width of 1.5m, a depth of 29.78m and an area of 44.7 sq. m. in favour of 132 Grand Flats Trail. B 2018-104 - 140 Grand Flats Trail - having a width of 1.5m, a depth of 31.79m and an area of 47.7 sq. m. in favour of 136 Grand Flats Trail. B 2018-105 - 144 Grand Flats Trail - having a width of 1.5m, a depth of 33.79m and an area of 50.7 sq. m. in favour of 140 Grand Flats Trail. B 2018-106 - 148 Grand Flats Trail - having a width of 1.5m, a depth of 35.8m and an area of 53.7 sq. m. in favour of 144 Grand Flats Trail. B 2018-107 - 54 Valleybrook Drive - having a width of 1.5m, a depth of 29.44m and an area of 44.2 sq. m. in favour of 50 Valleybrook Drive. B 2018-108 - 58 Valleybrook Drive - having a width of 1.5m, a depth of 30.49m and an area of 45.7 sq. m. in favour of 54 Valleybrook Drive. B 2018-109 - 62 Valleybrook Drive - having a width of 1.5m, a depth of 30.84m and an area of 46.26 sq.m. in favour of 58 Valleybrook Drive. B 2018-110 - 66 Valleybrook Drive - having a width of 1.5m, a depth of 30.51 m and an area of 45.8 sq. m. in favour of 62 Valleybrook Drive. B 2018-111 - 70 Valleybrook Drive - having a width of 1.5m, a depth of 29.81 m and an area of 44.7 sq. m. in favour of 66 Valleybrook Drive. B 2018-112 - 74 Valleybrook Drive - having a width of 1.5m, a depth of 30.05m and an area of 45.1 sq. m. in favour of 70 Valleybrook Drive. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -271- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) B 2018-113 - 78 Valleybrook Drive - having a width of 1.5m, a depth of 29.68m and an area of 44.5 sq. m. in favour of 74 Valleybrook Drive. The Committee considered Development Services Department report DSD -18-121 dated September 7, 2018, recommending approval of these applications subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated September 7, 2018, advising they have no objection to these applications. Mr. P. Haramis was in attendance in support of the subject applications and staff recommendations. He stated the property owner had previously received the Committee's approval in two separate instances for similar easements. Submission No.: B 2018-063 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 246 Rivertrail Avenue for maintenance and encroachment, on Lot 110, Registered Plan 58M-605, 242 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -272- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-064 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 242 Rivertrail Avenue for maintenance and encroachment, on Lot 111, Registered Plan 58M-605, 238 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -273- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-065 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 238 Rivertrail Avenue for maintenance and encroachment, on Lot 112, Registered Plan 605, 234 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -274- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-066 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 234 Rivertrail Avenue for maintenance and encroachment, on Lot 113, Registered Plan 58M-605, 230 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -275- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-067 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 230 Rivertrail Avenue for maintenance and encroachment, on Lot 114, Registered Plan 58M-605, 226 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -276- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-068 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 226 Rivertrail Avenue for maintenance and encroachment, on Lot 115, Registered Plan 58M-605, 222 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -277- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-069 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 222 Rivertrail Avenue for maintenance and encroachment, on Lot 116, Registered Plan 58M-605, 218 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -278- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-070 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 218 Rivertrail Avenue for maintenance and encroachment, on Lot 117, Registered Plan 58M-605, 214 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -279- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-071 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 214 Rivertrail Avenue for maintenance and encroachment, on Lot 118, Registered Plan 58M-605, 210 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -280- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-072 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 286 Rivertrail Avenue for maintenance and encroachment, on Lot 100, Registered Plan 58M-605, 282 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -281- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-073 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 282 Rivertrail Avenue for maintenance and encroachment, on Lot 101, Registered Plan 58M-605, 278 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -282- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-074 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 278 Rivertrail Avenue for maintenance and encroachment, on Lot 102, Registered Plan 58M-605, 274 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -283- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-075 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 274 Rivertrail Avenue for maintenance and encroachment, on Lot 103, Registered Plan 58M-605, 270 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -284- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-076 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 270 Rivertrail Avenue for maintenance and encroachment, on Lot 104, Registered Plan 58M-605, 266 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -285- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-077 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 266 Rivertrail Avenue for maintenance and encroachment, on Lot 105, Registered Plan 58M-605, 262 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -286- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-078 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 262 Rivertrail Avenue for maintenance and encroachment, on Lot 106, Registered Plan 58M-605, 258 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -287- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-079 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 258 Rivertrail Avenue for maintenance and encroachment, on Lot 107, Registered Plan 58M-605, 254 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -288- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-080 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 254 Rivertrail Avenue for maintenance and encroachment, on Lot 108, Registered Plan 58M-605, 250 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -289- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-081 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 27.5m and an area of 41.3 sq.m. in favour of 250 Rivertrail Avenue for maintenance and encroachment, on Lot 109, Registered Plan 58M-605, 246 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -290- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-082 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 121 Grand Flats Trail for maintenance and encroachment, on Lot 76, Registered Plan 58M-605, 125 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -291- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-083 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 125 Grand Flats Trail for maintenance and encroachment, on Lot 77, Registered Plan 58M-605, 129 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -292- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-084 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 129 Grand Flats Trail for maintenance and encroachment, on Lot 78 , Registered Plan 58M-605, 133 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -293- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-085 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 133 Grand Flats Trail for maintenance and encroachment, on Lot 79, Registered Plan 58M-605, 137 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -294- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-086 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 137 Grand Flats Trail for maintenance and encroachment, on Lot 80, Registered Plan 58M-605, 141 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -295- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-087 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 141 Grand Flats Trail for maintenance and encroachment, on Lot 81, Registered Plan 58M-605, 145 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -296- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-088 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 145 Grand Flats Trail for maintenance and encroachment, on Lot 82, Registered Plan 58M-605, 149 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -297- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-089 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 149 Grand Flats Trail for maintenance and encroachment, on Lot 83, Registered Plan 58M-605, 153 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -298- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-090 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 153 Grand Flats Trail for maintenance and encroachment, on Lot 84, Registered Plan 58M-605, 157 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -299- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-091 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 157 Grand Flats Trail for maintenance and encroachment, on Lot 85, Registered Plan 58M-605, 161 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -300- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-092 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 161 Grand Flats Trail for maintenance and encroachment, on Lot 86, Registered Plan 58M-605, 165 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -301- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-093 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 165 Grand Flats Trail for maintenance and encroachment, on Lot 87, Registered Plan 58M-605, 169 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -302- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-094 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28.35m and an area of 42.5 sq.m. in favour of 169 Grand Flats Trail for maintenance and encroachment, on Lot 88, Registered Plan 58M-605, 173 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -303- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-095 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 29.09m and an area of 43.6 sq.m. in favour of 173 Grand Flats Trail for maintenance and encroachment, on Lot 89, Registered Plan 58M-605, 177 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -304- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-096 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 30.25m and an area of 45.38 sq.m. in favour of 177 Grand Flats Trail for maintenance and encroachment, on Lot 90, Registered Plan 58M-605, 181 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -305- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-097 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28.5m and an area of 42.8 sq. m. in favour of 41 Valleybrook Drive for maintenance and encroachment, on Lot 54, Registered Plan 58M-605, 45 Valleybrook Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -306- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-098 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 29.86m and an area of 44.8 sq.m. in favour of 45 Valleybrook Drive for maintenance and encroachment, on Lot 55, Registered Plan 58M-605, 49 Valleybrook Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -307- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-099 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 30.89m and an area of 46.3 sq.m. in favour of 49 Valleybrook Drive for maintenance and encroachment, on Lot 56, Registered Plan 58M-605, 53 Valleybrook Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -308- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-100 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 120 Grand Flats Trail for maintenance and encroachment, on Lot 73, Registered Plan 58M-605, 124 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -309- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-101 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 124 Grand Flats Trail for maintenance and encroachment, on Lot 72, Registered Plan 58M-605, 128 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -310- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-102 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 28m and an area of 42 sq.m. in favour of 128 Grand Flats Trail for maintenance and encroachment, on Lot 71, Registered Plan 58M-605, 132 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -311- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-103 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 29.78m and an area of 44.7 sq.m. in favour of 132 Grand Flats Trail for maintenance and encroachment, on Lot 70, Registered Plan 58M-605, 136 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -312- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-104 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 31.79m and an area of 47.7 sq.m. in favour of 136 Grand Flats Trail for maintenance and encroachment, on Lot 69, Registered Plan 58M-605, 140 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -313- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-105 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 33.79m and an area of 50.7 sq.m. in favour of 140 Grand Flats Trail for maintenance and encroachment, on Lot 68, Registered Plan 58M-605, 144 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -314- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-106 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 35.8m and an area of 53.7 sq. m. in favour of 144 Grand Flats Trail for maintenance and encroachment, on Lot 67, Registered Plan 58M-605, 148 Grand Flats Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -315- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-107 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 29.44m and an area of 44.2 sq.m. in favour of 50 Valleybrook Drive for maintenance and encroachment, on Lot 51, Registered Plan 58M-605, 54 Valleybrook Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -316- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-108 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 30.49m and an area of 45.7 sq.m. in favour of 54 Valleybrook Drive for maintenance and encroachment, on Lot 50, Registered Plan 58M-605, 58 Valleybrook Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -317- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-109 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 30.84m and an area of 46.26 sq.m. in favour of 58 Valleybrook Drive for maintenance and encroachment, on Lot 49, Registered Plan 58M-605, 62 Valleybrook Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -318- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-110 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 30.51m and an area of 45.8 sq. m. in favour of 62 Valleybrook Drive for maintenance and encroachment, on Lot 48, Registered Plan 58M-605, 66 Valleybrook Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -319- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-111 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 29.81m and an area of 44.7 sq. m. in favour of 66 Valleybrook Drive for maintenance and encroachment, on Lot 47, Registered Plan 58M-605, 70 Valleybrook Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -320- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-112 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 30.05m and an area of 45.1 sq.m. in favour of 70 Valleybrook Drive for maintenance and encroachment, on Lot 46, Registered Plan 58M-605, 74 Valleybrook Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -321- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried Submission No.: B 2018-113 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to grant an easement having a total width of 1.5m (0.3m for encroachment and 1.2m for maintenance), a depth of 29.68m and an area of 44.5 sq.m. in favour of 74 Valleybrook Drive for maintenance and encroachment, on Lot 46, Registered Plan 58M-605, 78 Valleybrook Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall provide the City Solicitor with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall provide a grading plan showing how the property line swales are being implemented (in conjunction with the home footprint) as per the approved lot grading plan from the subdivision drawings to the satisfaction of the Engineering Division prior to the easement approval. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -322- CITY OF KITCHENER 1. Submission Nos.: B 2018-063 to B 2018-113 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried 2. Submission No.: B 2018-114 Applicant: C.V. Woolner & Associates Ltd. Property Location: 94 Fifth Avenue Legal Description: Lot 111, Plan 254 Appearances: In Support: C. Woolner Contra: M. Blackburn Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 10.069m, a depth of 40.485m and an area of 407.4 sq.m. The retained land will have a width of 10.069m, a depth of 40.485m and an area of 407.4 sq.m. Both parcels are intended for single detached dwellings. The Committee considered Development Services Department report DSD -18-122 dated September 7, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated September 7, 2018, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Mr. C. Woolner was in attendance in support of the subject application and staff recommendation. In response to questions, he stated the proposed lots are in full compliance with the Zoning By-law and no variance requests were required. Ms. M. Blackburn was in attendance in opposition of the subject application. She stated her concerns were related to: affordable housing; lawn area being less than 50%; potential price of the new houses, non-conformance to the community; potential damage to an existing tree; and, parking. The Chair stated the Committee may only consider the subject application this date, adding concerns related to affordable housing, parking and housing prices etc. are outside the Committee's purview. He further stated some of the concerns have been addressed by staff and conditions will be imposed in the Committee's decision. The Chair requested the comments from the Region of Waterloo be included in the Committee's decision. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -323- CITY OF KITCHENER 2. Submission No.: B 2018-114 (Cont'd) Ms. J. Meader questioned whether the Committee has ever imposed a condition requiring additional boulevard trees when a new lot is created. Ms. J. von Westerholt advised the City has an existing Boulevard Tree Policy that sets out guidelines for boulevard trees. She indicated the guidelines take into consideration distance between other boulevard trees as well as City services. She noted some concern with imposing an additional condition that would require the applicant to install additional boulevard trees. Mr. B. McColl reviewed the condition outlined in the staff report regarding relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Operations staff, suggesting if the Committee wished to include the word "addition" as well as "relocation/removal", that may provide staff some direction if a new tree was required and should not create any hardship for the applicant when clearing that condition. A motion was brought forward by Ms. J. Meader to approve the subject application with an amendment Condition 9 of the staff report to include the word "addition" as well as "relocation/removal" of boulevard trees. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of C.V. WOOLNER & ASSOC. LTD. requesting permission to sever a parcel of land having a width of 10.069m, a depth of 40.485m and an area of 407.4 sq. m., on Lot 111, Plan 254, 94 Fifth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,631.71. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a complete Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of Engineering Services prior to severance approval. 8. That the owner shall provide Engineering Services staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -324- CITY OF KITCHENER 2. Submission No.: B 2018-114 (Cont'd) 9. The owner shall ensure any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Operations staff. That prior to the issuance of a building permit, the owner makes satisfactory arrangements financial or otherwise for any addition/relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Operations staff. 10. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried 3. Submission No.: B 2018-115 Applicant: 2211452 Ontario Inc. Property Location: 44 Franklin Street South Legal Description: Part Lot 139, Registered Plan 254 Appearances: In Support: A. and F. Rosu Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a width of 8.394m, a depth of 40.234m and an area of 337.724 sq.m. The retained land will have a width of 8.394m, a depth of 40.234m and an area of 337.724 sq. m. The Committee considered Development Services Department report DSD -18-123 dated September 10, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated September 7, 2018, advising they have no objection to this application, subject to the following conditions: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18.2018 -325- CITY OF KITCHENER 2. That prior to final approval, the applicant enters into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. The following noise warning clause will be included in all offers of purchase/ sale, and rental agreements: i. "The purchasers /tenants are advised that sound levels due to increasing road traffic King Street By-pass, Kingsway Drive and Franklin Street South may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of Environment, Conservation and Parks (MOECP)". Mr. A. Rosu and Ms. F. Rosu were in attendance in support of the subject application and staff recommendation. The Chair requested the comments from the Region of Waterloo be included in the Committee's decision. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of 2211452 ONTARIO INC. requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed land will have a width of 8.394m, a depth of 40.234m and an area of 337.724 sq. m. The retained land will have a width of 8.394m, a depth of 40.234m and an area of 337.724 sq. m., on Part Lot 139, Registered Plan 254, 44 Franklin Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the shall owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,861.24. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services Division. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -326- CITY OF KITCHENER 3. Submission No.: B 2018-115 (Cont'd) 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the owner shall provide Engineering Services staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 10. That the owner shall enter into a registered development agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units for both the severed and retained lots: The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. The following noise warning clause will be included in all offers of purchase/ sale, and rental agreements: "The purchasers/tenants are advised that sound levels due to increasing road traffic King Street By-pass, Kingsway Drive and Franklin Street South may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment, Conservation and Parks (MOECP). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of Environment, Conservation and Parks (MOECP)". It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -327- CITY OF KITCHENER 3. Submission No.: B 2018-115 (Cont'd) Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 18, 2020. Carried MINOR VARIANCE APPLICATIONS (CONT'DI: 11. Submission No.: A 2018-105 Applicant: Bryan Kuppers Property Location: 59 Claremont Avenue Legal Description: Lot 113, Plan 248 Appearances: In Support: H. Price C. Simmons Contra: T. & S. Mavir S. Bednarski S. Ross Written Submissions: B. Boots The Committee was advised the applicant is requesting permission to construct a single detached dwelling having the required off-street parking to be located 5.55m from the street line along Earl Street rather than the required 6m; and, to allow a canopy to be supported by the ground whereas the By-law does not permit a canopy to be supported by the ground. The Committee considered Development Services Department report DSD -18-120 dated September 10, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated August 31, 2018, advising they have no concerns with this application. Ms. H. Price and Mr. C. Simmonds and were in attendance in support of the subject application and staff recommendation. Mr. S. Bednarski addressed the Committee on behalf of neighbouring residents in opposition to the subject application and staff recommendation. He stated the subject property was considered by the Committee of Adjustment in 2006 when the property owner at that time received approval for the single detached dwelling, noting over 70 neighbours attended that meeting in opposition to that application. He indicated the property has not been developed since that time. He stated the proposed dwelling design in his opinion is not compatible with the surrounding neighbourhood. He further advised the applicant is now before the Committee this date requesting additional variances, which in his opinion cannot be considered minor and are in contravention of the Zoning By-law. Mr. Bednarski stated when the applicant applied for their building permits in March 2018, there was no request for a garage. He stated when the initial variances where considered in 2006, the staff report indicated there was insufficient space on the subject property for the construction of a garage. He indicated the property owner pursued an easement in 2015 for the construction of a garage, which was not finalized. Mr. Bednarski stated in his opinion the proposed canopy cannot be considered minor in nature and he expressed concerns that a canopy of that size would act more as a carport than a garage. He requested the Committee to refuse the subject application and the proposed variances. Ms. S. Mavir addressed the Committee in opposition to the subject application, expressing concerns with the heritage consultation related to the subject application and whether the Cultural Heritage Landscape Study was considered when making the staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18.2018 -328- CITY OF KITCHENER ifi��1•Ti11�r•Ti1�t:>E•_��iyE:�i[�1.'iNZ.7iiiC Mr. T. Mavir noted he was in attendance in opposition to the subject application. He stated concerns with approving the application and whether it would set a precedence for future development in the neighbourhood. Mr. Simmons addressed the Committee on behalf of the property owner in support of the subject application. He stated the applicant previously obtained permission for an easement with the neighbouring property owner for the construction of the detached garage, which would have eliminated the requirement for requesting minor variances at this time. He stated the easement was not fulfilled and the neighbouring property owner is no longer willing to permit the easement. He indicated Planning staff were aware of the proposed design for the single detached dwelling which always contemplated a detached garage. He indicated a significant review process, including a public information session, was conducted for the design of the proposed dwelling and it was ultimately approved. He stated the building permit for the dwelling was obtained and the house is currently under construction. Mr. Simmons stated the applicant is now pursuing the minorvariances required to construct the detached garage. He provided elevation drawings of the proposed structure, including the detached garage, dated July 2018 for the Committee's consideration, noting the elevations are exactly what the property owner intends to construct with a very few minor differences. In response to questions, Mr. S. Bassanese advised the garage has always been included when considering the design and development of the subject property. He indicated when the property owner approached the City regarding the proposed design of the subject property, a number of residents within the neighbourhood also received the proposed design plans and expressed opposition to staff and their Ward Councillor. He indicated at the request of the Ward Councillor, staff held a neighbourhood information session and presented the preferred design option, adding the applicant made some modifications due to the comments that were received. He stated within the letter inviting residents to the neighbourhood information session, information was included regarding the potential construction of a garage that would need to be addressed later in the process. Mr. Bassanese further advised a subsequent letter was circulated following the public information meeting advising of the possibility of a garage as part of the development. Questions were raised regarding the public information session and whether it was adequately advertised. The Chair stated the public information session was above the requirements outlined in the Planning Act. He stated the Committee may only consider the requested minor variances included in the subject application. Ms. J. Meader stated the garage design is consistent with the design of the detached dwelling and in her opinion is desirable development. She stated the canopies being requested have a number of openings so concerns related to massing would not apply. She further advised the concerns that the canopy will be come a carport are not substantiated. Mr. Meader stated she was in support of the subject application, noting it would be her preference to amend Condition 1 to read that the garage dimensions and location shall be substantially in accordance with the site plan and garage plan drawings submitted with Application A 2018-105, prepared by Christopher Simmonds Architect dated August 7, 2018, to the satisfaction of the City's Director of Planning. A motion was brought forward by Ms. J. Meader to approve the subject application, including an amendment to Condition 1 as previously mentioned, which was seconded by Mr. B. McColl. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of BRYAN KUPPERS requesting permission to construct a detached garage in the rear yard of a single detached dwelling having the required off-street parking to be located 5.55m from the street line along Earl Street rather than the required 6m; to allow the building to be used for off-street parking to be located 5.5m from the property line abutting Earl Street rather than the required 6m; and, to allow a canopy to be supported by the ground whereas the By-law does not permit a canopy to be supported by the ground, on Lot 113, Plan 248, 59 Claremont Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 18, 2018 -329- CITY OF KITCHENER 11. Submission No.: A 2018-105 (Cont'd) 1. That the garage dimensions and location shall be substantially in accordance with the site plan and garage plan drawings submitted with Application A 2018-105, prepared by Christopher Simmonds Architect dated August 7, 2018, to the satisfaction of the City's Director of Planning. 2. That 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 shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning; 3. That the shall owner obtain a building permit in accordance with Conditions 1 and 2, above, from the City's Building Division. 4. That Conditions 1 through 4 shall be completed prior to September 18, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried ADJOURNMENT On motion, the meeting adjourned at 11:57 a.m. Dated at the City of Kitchener this 18th day of September, 2018 Dianna Saunderson Secretary -Treasurer Committee of Adjustment