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HomeMy WebLinkAboutCA - 2018-10-16 - CombinedCOMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:05 a.m. Present: Mr. D. Cybalski, Chair Mr. A. Head Mr. B. McColl Officials: Mr. B. Bateman, Senior Planner Mr. D. Seller, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk The Chair explained the Committee of Adjustment is considered a Standing Committee of City Council and the Decisions rendered this date with respect to sign/fence variances are recommendations to City Council and not a final decision. He advised the Committee's recommendations will be forwarded to City Council on Monday, November 19, 2018 at 7:00 p.m. and applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS: SIGN APPLICATION 1. Submission No.: SG 2018-010 Applicant: City of Kitchener Property Location: 505 Franklin Street North/39 Midland Avenue Legal Description: Block D, Plan 1170, Part Block A, Plan 1152 Appearances: In Support: C. Hanby Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to install a ground -supported sign having automatic changing copy located 23m from a Residential Zone ratherthan the required 100m; and, an area of 55% of the sign face to have automatic changing copy rather than the maximum permitted 30%. The Committee considered Development Services Department report DSD -18-128 dated October 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 October 9 2018, advising they have no concerns with this application. Ms. C. Hanby was in attendance in support of the subject application and staff recommendation. Mr. B. McColl proposed, and it was agreed, that a condition be included in the Committee's decision to state the automatic changing copy portion of the sign remain static for a minimum of 6 seconds. Due to a clerical error within staff's recommendation, the Decision will be amended to note a sign permit must be obtained by January 2, 2019. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of CITY OF KITCHENER requesting permission to replace the existing ground -supported sign with a ground -supported sign having automatic changing copy located 23m from a Residential Zone rather than the required 100m; and, an area of 55% of the sign face to have automatic changing copy rather than the maximum permitted 30%, on Block D, Plan 1170, Part Block A, Plan 1152, 505 Franklin Street North/39 Midland Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -20- CITY OF KITCHENER 1. Submission No.: SG 2018-010 (Cont'd) 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. and 6:00 a.m. 3. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 4. That Condition 1 above shall be completed prior to January 2, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried 2. Submission No.: SG 2018-011 Applicant: City of Kitchener Property Location: 1700 Queens Boulevard Legal Description: Part Block A, Plan 1384, being Part 1 on Reference Plan 58R-10273 Appearances: In Support: J. Sullivan Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to install a ground -supported sign having automatic changing copy located 26m from a Residential Zone ratherthan the required 100m; and, an area of 39% of the sign face to have automatic changing copy rather than the maximum permitted 30%. The Committee considered Development Services Department report DSD -18-129 dated October 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 October 9 2018, advising they have no concerns with this application. Ms. J. Sullivan was in attendance in support of the subject application and staff recommendation. She requested the decision be amended to state Condition 1 is to be completed prior to January 2, 2019. It was suggested and agreed that a condition be included in the Committee's decision to state the automatic changing copy portion of the sign remain static for a minimum of 6 seconds. Due to a clerical error regarding the sign permit date, the Decision will note a sign permit must be obtained by January 2, 2019. Moved by Mr. A. Head Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -21- CITY OF KITCHENER 2. Submission No.: SG 2018-011 (Cont'd) That the application of CITY OF KITCHENER; requesting permission to install a ground - supported sign having automatic changing copy located 26m from a Residential Zone rather than the required 100m; and, an area of 39% of the sign face to have automatic changing copy rather than the maximum permitted 30%, on Part Block A, Plan 1384, being Part 1 on Reference Plan 58R-10273, 1700 Queens Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure the existing sign is removed prior to the installation of the new automatic changing copy. 3. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. and 6:00 a.m. 4. That Condition 1 above shall be completed prior to January 2, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried 3. Submission No.: SG 2018-012 Applicant: Europro (Kitchener) GP Inc. Property Location: 22 Frederick Street Legal Description: Part Lot 13, Plan 364, Part Lot 2, Plan 401, Part Lots 13 & 14, Eby's 'B' Survey, being Parts 2 7, 9, 10 & 12 on Reference Plan 58R-445 and Part 1 on Reference Plan 58R-10535 Appearances: In Support: P. Toronchuk C. Gray Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to install a ground -supported sign on the subject property currently zoned D-1 (Retail Core Zone), whereas the By-law does not permit ground -supported signs in a D-1 Zone. The Committee considered Development Services Department report DSD -18-130 dated October 5, 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 October 9 2018, advising they have no concerns with this application. Mr. P. Toronchukwas in attendance in support of the subject application and staff recommendation. Moved by Mr. A. Head Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -22- CITY OF KITCHENER 3. Submission No.: SG 2018-012 (Cont'd) That the application of EUROPRO (KITCHENER) GP INC. requesting permission to install a ground -supported sign on the subject property currently zoned D-1 (Retail Core Zone), whereas the By-law does not permit ground -supported signs in a D-1 Zone, on Part Lot 13, Plan 364, Part Lot 2, Plan 401, Part Lots 13 & 14, Eby's 'B' Survey, being Parts 2 7, 9, 10 & 12 on Reference Plan 58R-445 and Part 1 on Reference Plan 58R-10535, 22 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a Sign Permit for the proposed business from the Planning Division. It is the opinion of this Committee that: The variance approved in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:09 a.m. Dated at the City of Kitchener this 16th day of October, 2018 Dianna Saunderson Secretary -Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 9:50 a.m. Present: Mr. D. Cybalski Mr. A. Head Mr. B. McColl Officials: Mr. B. Bateman, Senior Planner Mr. D. Seller, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. B. McColl Seconded by Mr. H. Head That the regular minutes of the Committee of Adjustment meeting held September 18, 2017, as circulated to the members, be accepted. Carried UNFINISHED 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: R. Sajkunovic 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 had 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. Mr. R. Sajkunovic was in attendance in support of the subject application and staff recommendation. The Chair noted the GRCA's comments and suggested the applicant may wish to contact the GRCA to discuss the subject application. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -331- CITY OF KITCHENER Submission No.: A 2018-095 (Cont'd) Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of SAM AZEMAJ 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, on Part Lot 3, Beasley's New Survey, being Part 1 on Reference Plan 58R-4667, 1110 New Dundee Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the Building Division prior to any construction. 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. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca 2. Submission No.: A 2018-104 Applicant: 2296093 Ontario Inc. Property Location: 387 King Street East Legal Description: Part Lots 17 & 18, Plan 364 & Part Lot 19, Plan 365 Appearances: In Support: K. Barisdale J. Crespo R. Turner 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 COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16. 2018 -332- CITY OF KITCHENER 2. Submission No.: A 2018-104 (Cont'd) 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. The Committee considered Development Services Department report DSD -18-142 dated October 2, 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. K. Barisdale was in attendance in support of the subject application and staff recommendation. In response to questions, She provided a brief overview of the application, stating the properties are being merged on title to facilitate the site development. Ms. Barisdale noted in her opinion, the proposed parking reduction is appropriate given the proximity of the development to King Street East and the Light Rail Transit (LRT). She further advised there is currently site-specific zoning for the subject property, which is intended to intensify the site. Mr. B. Bateman clarified the requested westerly side yard setback of Om pertains to 357 King Street East. Ms. Barisdale noted currently a setback deficiency of 1 m exists on the west side of the subject property on King Street East near Cedar Street, adding the encroachment into the DVT exists due to the Cedar Street road widening. In response to questions, Mr. D. Seller stated staff is in support of the requested parking reduction. Moved by A. Head Seconded by Mr. B. McColl That the application of 2296093 ONTARIO INC. requesting permission to construct a mixed use (commercial office and residential) development having a front yard setback of 0.675m for balconies along King Street East rather than the required 3m; 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 off street parking encroaching into the Driveway Visibility Triangle (DVT) along Cedar Street whereas the By-law does not permit encroachments into the DVT; having 6 off-street parking spaces to be 2.4m wide by 4.8m depth rather than the required 2.6m wide by 5.5m length; having 105 off-street parking spaces rather than the required 152 off-street parking spaces; and, a food store located within a building having 1,151 sq.m. designated as office, rather than the required 4,700 sq.m., on Part Lots 17 & 18, Plan 364 and Part Lot 19, Plan 365, 387 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive final approval of Site Plan application SP18/063/L/LT. 2. That the owner shall submit a Functional Parking Plan to the satisfaction of the Director of Transportation Services. 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.kitcener.ca COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16. 2018 -333- CITY OF KITCHENER This meeting recessed at 10:04 a.m. and reconvened at 10:10 a.m. with all members present, Chaired by Mr. D. Cybalski. NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2018-106 Applicant: Primeland Developments (2003) Limited Property Location: 15 Tartan Avenue Legal Description: Blocks 1 & 4, 30T-98201 Appearances: In Support: N. Bogaert Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a townhouse development having a rear yard setback of 2.5m rather than the required 7.5m; and, a Floor Space Ratio (FSR) of 0.7 rather than the maximum FSR of 0.6. The Committee considered Development Services Department report DSD -18-131 dated October 4, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated October 9, 2018, advising they have no concerns with this application. Mr. N. Bogaert was in attendance in support of the subject application and staff recommendation. Mr. B. McColl noted the staff report included comments from the Building Division requesting the applicant be required to obtain a building permit. He requested, and it was agreed, that a condition requiring a building permit to be obtained prior to construction be added to the Committee's decision this date. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of PRIMELAND DEVELOPMENTS (2003) LIMITED requesting permission to construct a townhouse development having a rear yard setback of 2.5m rather than the required 7.5m; and, a Floor Space Ratio (FSR) of 0.75 rather than the maximum FSR of 0.6, on Blocks 1 & 4, 30T-98201, 15 Tartan Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner obtain a building permit prior to construction to the satisfaction of the City's Chief Building Official. 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. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16. 2018 -334- CITY OF KITCHENER i��1•Ti11�r•Ti1�t:>E•���iyE:�i[�I:YNZ.7iiiC Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 2. Submission No.: A 2018-107 Applicant: 1836862 Ontario Ltd. Property Location: 624 King Street West Legal Description: Part Lots 53 & 54, Plan 376, being Parts 3 & 4 and Part of Part 2 on Reference Plan 58R-4360 Appearances: In Support: J. Fryett R. Anwar D. Haghani S. Amiri Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 6 -storey multi - residential development containing 71 -units with 90 -degree angle parking spaces having a minimum width of 2.6m and minimum length of 5.2m rather than the required 2.6m width and 5.5m length; and, to provide 10% of the required off-street visitor parking spaces located in a semi - automated parking system rather than the required 20%. The Committee considered Development Services Department report DSD -18-132 dated October 2, 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 October 9, 2018, advising they have no concerns with this application. Messrs. J. Fryett, R. Anwar, D. Haghani and S. Amiri were in attendance in support of the subject application and staff recommendation. Mr. Fryett confirmed the Committee had approved a previous application for the subject property. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of 1836862 ONTARIO INC. requesting permission to construct a 6 -storey multi -residential development containing 71 -units with 90 -degree angle parking spaces having a minimum width of 2.6m and minimum length of 5.2m rather than the required 2.6m width and 5.5m length; and, to provide 10% of the required off-street visitor parking spaces located in a semi -automated parking system rather than the required 20%, on Part Lots 53 & 54, Plan 376, being Parts 3 & 4 and Part of Part 2 on Reference Plan 58R-4360, 624 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive final approval of Site Plan Application SP18/080/K/LT. 2. That the owner shall submit a Visitor Parking Functional Plan addressing the visitor parking in the automated structure; and further, agrees to implement the details of the Plan to the satisfaction of the Director of Transportation Services. It is the opinion of this Committee that: 1. The variances requested in this application are minor COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -335- CITY OF KITCHENER 2. Submission No.: A 2018-107 (Cont'd) 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 3. Submission No.: A 2018-108 Applicant: Summit (400 Bingemans Centre Drive) Ltd. Property Location: 400 Bingemans Centre Drive Legal Description: Part Lots 122 & 123, German Company Tract, being Parts 7-10 & 13 on Reference Plan 58R-13438 and Parts 1 & 2 on Reference Plan 58R-14324 Appearances: In Support: D. Aston L. Fantin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an addition onto the rear of an existing industrial building having a rear yard setback of 1.5m rather than the required 15m; and, to remove the requirement for a 2m high berm at the rear of the property abutting railway bed, whereas the By-law requires a 2m high berm where the property abuts a railway line. The Committee considered Development Services Department report DSD -18-133 dated October 4, 2018, recommending deferral of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated October 9, 2018, advising they have no concerns with this application. Mr. D. Aston was in attendance in support of the subject application and staff recommendation. The Chair questioned staff's recommendation to defer the subject application to allow further dialogue with Metrolinx. Mr. B. Bateman confirmed Metrolinx had provided comments indicating they had no objection to the requested variances. He noted Planning staff has not yet received written confirmation from Metrolinx. The Chair requested, and it was agreed, that three conditions be included in the Committee's approval this date, being: written confirmation is received by Metrolinx in support of the subject application; that a building permit is obtained; and, that the owner receive Site Plan Approval. Moved by Mr. B. McColl Seconded by Mr. A. Head COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -336- CITY OF KITCHENER 3. Submission No.: A 2018-108 (Cont'd) That the application of SUMMIT (400 BINGEMANS CENTRE DRIVE) LTD. requesting permission to construct an addition onto the rear of an existing industrial building having a rear yard setback of 1.5m without the required 2m high berm rather than the required 15m setback including a 2m high berm at the rear of the property abutting railway bed, whereas the By-law requires a 2m high berm where the property abuts a railway line, on Part Lots 122 & 123, German Company Tract, being Parts 7-10 & 13 on Reference Plan 58R-13438 and Parts 1 & 2 on Reference Plan 58R-14324, 400 Bingemans Centre Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall receive written confirmation from Metrolinx confirming their satisfaction for Minor Variance A 2018-108, to the satisfaction of the Director of Planning. 2. That the owner shall obtain a building permit for the proposed addition to the satisfaction of the City's Chief Building Official. 3. That the owner shall obtain Site Plan Approval to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 4. Submission No.: A 2018-109 Applicant: Sunvest Development Corp. Property Location: 1331 Countrystone Drive Legal Description: Block 116, Registered Plan 58M-474 Appearances: In Support: S. Mirtitsch P. DeGroot V. Pai Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a multi -residential townhouse development having 153 off-street parking spaces (1.21 spaces/per-unit) for Phase 2 of the development rather than the required 189 off-street spaces (1.5 spaces/per-unit). The Committee considered Development Services Department report DSD -18-134 dated October 8, 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 October 9, 2018, advising they have no concerns with this application. Ms. S. Mirtitsch was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -337- CITY OF KITCHENER Submission No.: A 2018-109 (Cont'd) Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of SUNVEST DEVELOPMENT CORP. requesting permission to construct a multi -residential townhouse development having 153 off-street parking spaces (1.21 spaces/per-unit) for Phase 2 of the development rather than the required 189 off-street spaces (1.5 spaces/per-unit), on Block 116, Registered Plan 58M-474, 1331 Countrystone Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a building permit from the Building Division prior to any construction. 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.kitcener.ca Carried 5. Submission No.: A 2018-110 Applicant: 2522935 Ontario Inc. Property Location: 97 Rivertrail Avenue Legal Description: Lot 1, Registered Plan 58M-597 Appearances: In Support: P. Ha Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having parking located Om from the street line rather than the required 6m setback; and, to have a driveway located 7.76m from the intersection of Eden Oak Trail and Rivertrail Avenue rather than the required 9m setback. The Committee considered Development Services Department report DSD -18-135 dated October 5, 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 October 9, 2018, advising they have no concerns with this application. Mr. P. Ha was in attendance in support of the subject application and staff recommendation. Moved by Mr. A. Head Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -338- CITY OF KITCHENER 5. Submission No.: A 2018-110 (Cont'd) That the application of 2522935 ONTARIO INC. requesting permission to construct a single detached dwelling having parking located Om from the street line rather than the required 6m setback; and, to have a driveway located 7.76m from the intersection of Eden Oak Trail and Rivertrail Avenue rather than the required 9m setback, on Lot 1, Registered Plan 58M-597, 97 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the City's Building Division forthe single detached dwelling by July 1, 2019. 2. That the owner shall ensure the 6.Om parking setback reduction from 6.Om to O.Om is temporary and the model house shall be converted back to a legal residence with a minimum of 6.Om parking setback when the model home/sales office use is over. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 6. Submission No.: A 2018-112 Applicants: Gary and Neda Cushing Property Location: 84 Mansion Street Legal Description: Lot 29, Plan 79 Appearances: In Support: G. & N. Cushing Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to reconstruct a covered porch on the front of an existing single detached dwelling located 3.4m from the front lot line rather than the required 4.5m; to permit the porch to be located 1.5m in the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; and, to permit a parking space with a depth of 3.4m within the property line rather than the required 5.5m. The Committee considered Development Services Department report DSD -18-137 dated October 5, 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 October 9, 2018, advising they have no concerns with this application. Mr. G. Cushing was in attendance in support of the subject application and staff recommendation. Mr. A Head questioned the dates noted in the staff recommendation. Mr. B. Bateman stated the specific dates were requested to ensure the conditions would be fulfilled in a timely manner. Mr. Cushing confirmed the conditions would be met by the requested dates. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -339- CITY OF KITCHENER 6. Submission No.: A 2018-112 (Cont'd) Ms. D. Saunderson reviewed the staff recommendation for the three requested variances, noting the decision would mirror staff's recommendations. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of GARY and NEDA CUSHING requesting permission to reconstruct a covered porch on the front of an existing single detached dwelling located 3.4m from the front lot line rather than the required 4.5m; and, to permit the porch to be located 1.5m in the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Lot 29, Plan 79, 84 Mansion Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a building permit for the proposed construction by November 1, 2019. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca - and - That the application of GARY and NEDA CUSHING requesting permission to locate a parking space with a depth of 3.4m within the property line rather than the required 5.5m, on Lot 29, Plan 79, 84 Mansion Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the property owner enter into an encroachment agreement with the City of Kitchener to locate a portion of a parking space on land owned by the City by November 1, 2019; 2. That it is demonstrated via survey, photograph, or other means to the satisfaction of the Director of Planning that a parking space with a minimum depth of 5.5 metres has been provided between the sidewalk and the base of the covered porch of the subject property by November 1, 2019; and, 3. That it is demonstrated to the satisfaction of the Director of Planning that the entire driveway is comprised of a material that is consistent throughout the driveway and that is distinguishable from all other ground cover or surfacing, including landscaping or walkways by November 1, 2019. 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. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16. 2018 -340- CITY OF KITCHENER �1•Ti11 C•Ti10156> 012iyE:l5ifivxrd liiir Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2018-113 Applicants: Adrian and Annette Rossel Property Location: 56 Cameron Street North Legal Description: Lot 3, Plan 126 Appearances: In Support: A. Rossel Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to legalize an existing duplex having the required off-street parking spaces located Om from the front lot line rather than the required 6m; and, for both required parking spaces to have a width of 2.57m and a depth of 5.3m rather than the required 2.6m width and 5.5m depth. The Committee considered Development Services Department report DSD -18-138 dated October 4, 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 October 9, 2018, advising they have no concerns with this application. Mr. A. Rossel was in attendance in support of the subject application. With regards to staff's condition requesting a barrier, he indicated concerns that a barrier may be aesthetically unpleasing. He stated the current situation has been in existence since he acquired the property and no concerns have been identified to date. Mr. B. Bateman explained that condition was included to ensure the subject property lines are clearly delineated for future property owners. He indicated although parking is acceptable to the current neighbour, that may not be the case in the future. Mr. Bateman noted staff would work with the applicant to provide assistance, stating it should not be onerous for the applicant to clear that condition. In response to questions, Mr. Rossel stated his parking area encroaches onto the neighbouring property by 3 inches, adding the neighbour on his other side encroaches onto his property by 3 inches. The Chair suggested the applicant may wish to pursue an encroachment agreement to legalize the existing parking, as the Committee may only address the variances requested this date. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of ADRIAN and ANNETTE ROSSEL requesting permission to legalize an existing duplex having the required off-street parking spaces encroaching onto City lands to be located Om from the front lot line rather than the required 6m; and, for both required parking spaces to have a width of 2.57m and a depth of 5.3m rather than the required 2.6m width and 5.5m depth, on Lot 3, Plan 126, 56 Cameron Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -341- CITY OF KITCHENER 7. Submission No.: A 2018-113 (Cont'd) 1. That the owner shall ensure a barrier is provided to define the location/limits of the parking spaces to avoid encroachment of the parked vehicles to the neighbor's property; to the satisfaction of the Planning Division. 2. That the owner shall ensure all loose gravel and/or asphalt be removed from the right side of the front lawn and that the area be sodded or reseeded with grass; to the satisfaction of the Planning division. 3 That the owner shall enter into an encroachment agreement for the parking spaces with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands. 4 That the owner shall complete the above noted Conditions by May 30, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 8. Submission No.: A 2018-114 Applicant: 1857882 Ontario Inc. Property Location: 227 Manitou Drive Legal Description: Lot 25, Plan 1489 Appearances: In Support: A. Rasoul Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an addition located to the rear of the building identified as Concrete Block Building 2 on the plan submitted with the application having a rear yard setback of 1.56m rather than the required 7.5m; and, to legalize off- street parking spaces to be located 1.1 m from the front lot line rather than the required 3m. The Committee considered Development Services Department report DSD -18-139 dated October 5, 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 October 9, 2018, advising they have no concerns with this application. Mr. A. Rasoul was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Mr. A. Head COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -342- CITY OF KITCHENER 8. Submission No.: A 2018-114 (Cont'd) That the application of 1857882 ONTARIO INC. requesting permission to construct an addition located to the rear of the building identified as 'Concrete Block Building 2' on the plan submitted with the application having a rear yard setback of 1.56m rather than the required 7.5m; and, to legalize off-street parking spaces to be located 1.1m from the front lot line rather than the required 3m, on Lot 25, Plan 1489, 227 Manitou Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a building permit from the City's Building Division for the proposed addition. 2. That the owner shall obtain Site Plan Approval to the satisfaction of the Manager of Site Development and Customer Service. 3. That the above noted Conditions shall be completed prior to July 1, 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.kitcener.ca Carried 9. Submission No.: A 2018-115 Applicant: NVU - Homer Watson Ltd. Property Location: 1425 Block Line Road Legal Description: Part Reserve Block J, Plan 1329, Part Homer Watson Blvd Part Lot 1, Plan 1482, being Parts 5, 8 & 9 on Reference Plan 58R-17674 Appearances: In Support: S. Patterson Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a multi -residential development, one 12 -storey building and one 8 -storey building, containing a total of 365 -units having 1 off-street parking space/per-unit ratherthan the required 1.5 off-street parking spaces/per- unit; and, to have 10% off-street visitor parking spaces rather than the required 20% off-street visitor parking spaces. The Committee considered Development Services Department report DSD -18-140 dated October 8, 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 October 9, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -343- CITY OF KITCHENER 9. Submission No.: A 2018-115 (Cont'd) Mr. S. Patterson was in attendance in support of the subject application. He expressed concerns related to the Committee's approval if the final number of units is not exactly as outlined in the staff report, requesting that reference be removed from the Committee's decision this date. He stated the building will be 12 storeys in height and may contain 364 versus 365 units. Mr. Patterson noted the development has gone through the Site Plan Approval process and it is expected to obtain Approval in Principal in the coming weeks. The Chair suggested, and it was agreed, that the decision state the building may contain a total of no greater than 365 units. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of NVU - HOMER WATSON LTD. requesting permission to construct a multi -residential development, one 12 -storey building and one 8 -storey building, containing a total of no greater than 365 -units having 1 off-street parking space/per-unit rather than the required 1.5 off-street parking spaces/per-unit; and, to have 10% off-street visitor parking spaces rather than the required 20% off-street visitor parking spaces, on Part Reserve Block J, Plan 1329, Part Homer Watson Blvd Part Lot 1, Plan 1482, being Parts 5, 8 & 9 on Reference Plan 58R-17674, 1425 Block Line Road, 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. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried CONSENT APPLICATION: Submission No.: B 2018-116 Applicant: 2343439 Ontario Inc. Property Location: 357 King Street East Legal Description: Part Lot 212, Registered Plan 254 Appearances: In Support: J. Crespo Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to grant an easement having a width of 2.41 m, a depth of 10.72m and an area of 25.84 sq.m. in favour of 387 King Street East for vehicle access. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -344- CITY OF KITCHENER 1. Submission No.: B 2018-116 (Cont'd) The Committee considered Development Services Department report DSD -18-141 dated October 2, 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 October 5, 2018, advising they have no objection to this application. Ms. J. Crespo was in attendance in support of the subject application and staff recommendation. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of 2343439 ONTARIO INC. requesting permission to grant an easement having a width of 2.41m, a depth of 10.72m and an area of 25.84 sq.m. in favour of 387 King Street East for vehicle access, on Part Lot 16 or 15 (Heuglin), South Side of King Street, Registered Plan 364, 357 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That the owner shall provide a satisfactory Solicitor's Undertaking to registerthe approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 16, 2018 -345- CITY OF KITCHENER Submission No.: B 2018-116 (Cont'd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 16, 2020. Carried ADJOURNMENT On motion, the meeting adjourned at 10:39 a.m. Dated at the City of Kitchener this 16th day of October, 2018 Dianna Saunderson Secretary -Treasurer Committee of Adjustment