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HomeMy WebLinkAboutCA - 2018-11-20 - CombinedCOMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:02 a.m. Present: Mr. D. Cybalski, Chair Mr. B. McColl Ms. J. Meader Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Mr. C. Dumart, Junior Planner 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, December 17, 2018 at 7:00 p.m. and applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS: FENCE APPLICATION 1. Submission No.: FN 2018-003 Applicant: Ramandeep and Amandeep Brar Property Location: 626 Blair Creek Drive Legal Description: Lot 8, Registered Plan 58M-558 Appearances: In Support: None Contra: None Written Submissions: None That the application of Ramandeep and Amandeep Brar requesting permission to construct a wooden fence having a height of 1.82m located 0.6m from the property line abutting Mistywood Street rather than the required setback of 1.5m BE ADJOURNED to the Committee of Adjustment meeting on December 11, 2018 for consideration, as no one was in attendance this date in support of the subject application. SIGN APPLICATION 1. Submission No.: SG 2018-013 Applicant: 2427100 Ontario Inc. Property Location: 396 Victoria Street North Legal Description: Part Lot 245, Plan 374 Appearances: In Support: L. Momejian Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize a ground -supported sign having automatic changing copy located 24.5m from a Residential Zone rather than the required 100m. The Committee considered Development Services Department report DSD -18-148 dated November 14, 2018, recommending approval of this application subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -24- CITY OF KITCHENER 1. Submission No.: SG 2018-013 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 5, 2018, advising they have no concerns with this application. Mr. L. Momejian was in attendance in support of the subject application and staff recommendation. In response to questions, Ms. von Westerholt advised the staff recommendation is based upon the information provided with the application. She stated the property owner would be required to re- apply to the Committee if they wished to expand the automatic changing copy portion of the sign. Mr. B. McColl requested, and it was agreed, that an additional condition be included as part of the Committee's decision that approval of sign variance application SG 2018-003 be as per the plans submitted with the application. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of 2427100 ONTARIO INC. requesting permission to legalize a ground - supported sign having automatic changing copy located 24.5m from a Residential Zone rather than the required 100m, on Part Lot 245, Plan 374, 396 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division for the addition of the automatic changing copy. 2. That the owner shall ensure the automatic changing copy portion of the sign is turned off between 11 p.m. and 6 a.m. 3. That the above noted conditions be fulfilled no later than January 1, 2019. Any request for an extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in the decision. Failure to fulfill these conditions will result in this approval becoming null and void. 4. That approval of sign variance SG 2018-013 shall be in accordance with the plans submitted with the application. It is the opinion of this Committee that: 1. The variance approved in this application is minor. 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 10:05 a.m. Dated at the City of Kitchener this 20th day of November, 2018 Dianna Saunderson Secretary -Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:06 a.m. Present: Mr. D. Cybalski Mr. B. McColl Ms. J. Meader Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Mr. C. Dumart, Junior Planner 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 October 16, 2017, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2018-116 Applicant: Dragan Ilic Property Location: 359 Alice Avenue Legal Description: Lot 40, Plan 645 Appearances: In Support: R. Sajkunovic R. Parent M. Islam Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission construct a semi-detached dwelling having a front yard setback from Alice Avenue of 3.062m rather than the required 4.5m; and, a rear yard setback of 4.42m rather than the required 7.5m. The Committee considered Development Services Department report DSD -18-149 dated November 14, 2018, recommending deferral of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 5, 2018, advising the subject property appears to have the municipal sidewalk within their private property. Regional staff would like to work with City staff and the property owner to have the portion of the lands containing the sidewalk be put in Regional ownership. The Region can contribute up to $1,800.00 to be refunded back to the property owner to assist with the cost for the reference Plan. Mr. R. Sajkunovic was in attendance in support of the subject application and staff recommendation to defer consideration of the subject application until the December 11, 2018 Committee of Adjustment meeting. The Chair requested, and it was agreed, that the subject application BE DEFERRED to the December 11, 2018 Committee of Adjustment meeting, as per staff's recommendation to allow the proposal to be considered in the context of the Residential Intensification in Established Neighbourhoods (REINS) zoning. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -347- CITY OF KITCHENER 2. Submission No.: A 2018-117 Applicant: Adam Firis Property Location: 170 Weber Street East Legal Description: Subdivision of Lot 2 and Part Lots 53 & 54, German Company Tract, being Part 20 on Reference Plan 58R-11058 and Part 1 on Reference Plan 58R-12136 Appearances: In Support: A. Firis R. Gancewski Contra: V.Oestreich Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing 7 -unit multi -residential development having an easterly side yard setback of 2.13m rather than the required 3m. The Committee considered Development Services Department report DSD -18-150 dated November 2, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 5, 2018, advising they have no concerns with this application. Messrs. A. Firis and R. Gancewski were in attendance in support of the subject application and staff recommendation. Mr. Firis circulated a written submission to the Committee from tenants of the subject property in support of the subject application and the addition of a visitor parking space on the subject property. Mr. Gancewski provided a brief overview of the subject application, noting the Committee's variance approval this date would allow the addition of one off-street parking space intended for visitor parking. Mr. C. Dumart provided clarification to the Committee, advising in 2002 the applicant originally proposed three variance requests: front yard setback; side yard setback; and, a parking reduction. He indicated in response to objections from the neighbourhood, the proposed building was reduced in size which reduced the number of variances required, noting only a sideyard setback was required. He stated at the December 2002 Committee of Adjustment meeting the Committee, against Planning staffs' advice, reduced the required off-street parking from 8 to 7 spaces to address concerns by a neighbouring property owner. Mr. Dumart further advised the property owner this date wishes to revise the site plan for the subject property to reinstate an eighth off-street visitor parking space on the site. He stated the 2002 Committee of Adjustment decision had a specific condition tying the side yard setback approval to a specific Site Plan. He noted the application before the Committee this date is to reconfirm legalization of that side yard setback; there is no request for a parking reduction as the parking complies with the Zoning By- law. Mr. V. Oestreich, neighbouring property owner, addressed the Committee in opposition of the subject application. He noted he was also in attendance on behalf of neighbours residing within the townhouse development fronting onto Cameron Street North. He stated he was in attendance at the Committee of Adjustment meeting in 2002 in opposition to the development having a parking space parallel to the fence at the rear of his property. He indicated when the previous application was being considered, the 7 -off street parking spaces were deemed sufficient by the Committee due to the property's proximity to the downtown and public transit. He stated if the property owner is permitted to install a parking space parallel to the fence, the proposed parking space would be 17 feet from his bedroom window. He expressed additional concerns with an easement located adjacent to the fence at the rear of his property and possible issues related to fire escape routes and snow removal for the subject property. The Chair advised the applicant is requesting a side yard setback this date, noting there are no variances being requested regarding parking. He stated the Committee is only permitted to COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -348- CITY OF KITCHENER 2. Submission No.: A 2018-117 (Cont'd) consider the merits of the subject application. Ms. J. Meader further advised in her opinion, if the previous decision had not been so prescriptive, the applicant may not have needed to reapply for the variance originally approved in 2002. In response, Ms. J. von Westerholt stated if the original condition did not specifically reference the site plan number, the applicant would not have been required to request the subject variance. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of ADAM FIRIS requesting permission to legalize an existing 3 -storey 7 -unit multi -residential dwelling having an easterly side yard setback of 2.13m rather than the required 3m, on Subdivision of Lot 2 and Part Lots 53 & 54, German Company Tract, being Part 20 on Reference Plan 58R-11058 and Part 1 on Reference Plan 58R-12136, 170 Weber Street East, 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.kitcener.ca Carried 3. Submission No.: A 2018-118 Applicants: Salvador Chavez Property Location: 392 Fischer Hallman Road Legal Description: Lot 172, Plan 1052 Appearances: In Support: S. Chavez Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission for an existing single detached dwelling to have a driveway width of 9m rather than the maximum permitted width of 8m. The Committee considered Development Services Department report DSD -18-151 dated November 14, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 5, 2018, advising any proposed changes/alterations to the access on Regional Road 58 (Fischer Hallman Road) will require a Regional Road Access Permit ($100.00 fee). Should the Committee of Adjustment approve the minor variance, the Region requests a Regional Road Access Permit be a condition of approval. Mr. S. Chavez was in attendance in support of the subject application and staff recommendation. Ms. J. Meader requested, and it was agreed, that a condition be included as part of the Committee's decision to ensure the proposed driveway is constructed entirely of one material. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -349- CITY OF KITCHENER 3. Submission No.: A 2018-118 (Cont'd) Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of SALVADOR and BLANCA CHAVEZ requesting permission for an existing single detached dwelling to have a driveway width of 9m rather than the maximum permitted width of 8m, on Lot 172, Plan 1052, 392 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owners shall obtain a curb cutting permit from the City's Engineering Services Division by May 30, 2019. 2. That the owners shall obtain a Regional Road Access Permit from the Region of Waterloo. 3. That the owners shall demonstrate to the satisfaction of the City's 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. 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 4. Submission No.: A 2018-119 Applicant: Grerei Investment Limited Property Location: 515 Riverbend Drive Legal Description: Subdivision of Lot 59 and Part Lots 1 & 10, German Company Tract, being Parts 2 & 3 on Reference Plan 58R-9659 Appearances: In Support: H. Price Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for an existing office building to have 640 sq. m. for health clinic or health office use whereas the By-law does not a permit health clinic or health office use. The Committee considered Development Services Department report DSD -18-152 dated November 13, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 5, 2018, advising they have no concerns with this application. Ms. H. Price was in attendance in support of the subject application and staff recommendation COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -350- CITY OF KITCHENER 4. Submission No.: A 2018-119 (Cont'd) The Chair noted comments from the Ministry of Transportation (MTO) dated November 13, 2018, stating the applicant should be aware that MTO permits will be required for placement of new signs or construction of a new building. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of GREREI INVESTMENTS LIMITED requesting permission for an existing office building to have 640 sq.m. for health clinic or health office use whereas the By-law does not a permit health clinic or health office use, on Subdivision of Lot 59 and Part Lots 1 & 10, German Company Tract, being Parts 2 & 3 on Reference Plan 58R-9659, 515 Riverbend Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the Building Division. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 5. Submission No.: A 2018-120 Applicant: 9628380 Canada Inc. Property Location: 57 Chestnut Street Legal Description: Lot 22, Registered Plan 327 Appearances: In Support: A. Robah Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for an existing duplex to have two required off-street parking spaces located Om from the property line rather than the required 6m; and, to have parking space P2 identified on the plan submitted with the application to be 2.6m wide by 5.17m in depth rather than the required 2.6m wide by 5.6m in depth. The Committee considered Development Services Department report DSD -18-153 dated November 9, 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 November 5, 2018, advising they have no concerns with this application. Mr. A. Robah was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -351- CITY OF KITCHENER 5. Submission No.: A 2018-120 (Cont'd) That the application of 9628380 CANADA INC. requesting permission for an existing duplex to have two required off-street parking spaces located Om from the property line rather than the required 6m; and, to have parking space P2 identified on the plan submitted with the application to be 2.6m wide by 5.17m in depth rather than the required 2.6m wide by 5.6m in depth, on Lot 22, Registered Plan 327, 57 Chestnut Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall 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 the owner shall obtain a building permit for the proposed construction by December 1, 2019. 3. That the owner shall demonstrate via a survey, photograph, or other means to the satisfaction of the Director of Planning that the width of the driveway does not exceed 5.2 metres by December 1, 2019. 4. That the owner shall demonstrate 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 December 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 Carried 6. Submission No.: A 2018-121 Applicant: David Schippling Property Location: 87 Dekay Street Legal Description: Part Lot G, Plan 386 Appearances: In Support: S. Veale D. Schippling Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a second storey addition in the rear yard of an existing single detached dwelling having a northerly side yard setback of 1.09m rather than the required 1.2m; a rear yard setback of 4.86m rather than the required 7.5m; and, a front yard setback of 4.09m rather than the required 4.5m. The Committee considered Development Services Department report DSD -18-154 dated November 9, 2018, recommending approval of this application subject to the condition outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -352- CITY OF KITCHENER 6. Submission No.: A 2018-121 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 5, 2018, advising they have no concerns with this application. Messrs. S. Veale and D. Schippling were in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of DAVID SCHIPPLING requesting permission to construct a second storey addition in the rear yard of an existing single detached dwelling having a northerly side yard setback of 1.09m rather than the required 1.2m; a rear yard setback of 4.86m rather than the required 7.5m; and, a front yard setback of 4.09m rather than the required 4.5m, on Part Lot G, Plan 386, 87 Dekay Street, 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 second storey rear yard addition by June 1, 2019. 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 Submission No.: A 2018-122 Applicant: Milestone Developments Inc. Property Location: 410 Rivertrail Avenue Legal Description: Lot 209, Registered Plan 58M-597 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a side yard setback abutting Rivertrail Avenue of 3.7m rather than the required 4.5m. The Committee considered Development Services Department report DSD -18-155 dated November 9, 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 November 5, 2018, advising they have no concerns with this application. Mr. P. Haramis was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -353- CITY OF KITCHENER Submission No.: A 2018-122 (Cont'd) Ms. J. von Westerholt advised the staff recommendation contained a clerical error. She noted the recommendation should be as per the Notice of Hearing, requesting approval for a side yard setback abutting Rivertrail Avenue of 3.7m rather than the required 4.5m. She suggested the Committee's approval include a condition requiring a building permit as outlined in the staff report. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having a side yard setback abutting Rivertrail Avenue of 3.7m rather than the required 4.5m, on Lot 209, Registered Plan 58M-597, 410 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a building permit for the proposed construction by December 1, 2019. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 8. Submission No.: A 2018-123 Applicant: The Allen Building Inc. Property Location: 106 Ahrens Street West Legal Description: Part Lots 223 to 226, Plan 376, being Parts 1 & 2 on Reference Plan Appearances: In Support: B. Flewwelling Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for an existing industrial building currently Zoned M-2 to have 100% office use rather than the maximum permitted 25%; to provide off-street parking based on a rate of 1 space per 45 sq.m. rather than individual parking requirements; a lot width of 6.956m rather than the required 15m; a front yard setback of 1m on Breithaupt Street rather than the required 6m; a side yard abutting Ahrens Street West of 0.27m rather than the required 6m; a rear yard setback of 0.26m rather than the required 7.5m; and to permit an artisan's establishment whereas the By-law does not permit an artisan's establishment as a permitted use within an M-2 Zone. The Committee considered Development Services Department report DSD -18-156 dated November 14, 2018, recommending refusal of the minor variance requesting 100% office use rather than the permitted maximum of 25%; and, approval of the remainder of the requested variances subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -354- CITY OF KITCHENER 8. Submission No.: A 2018-123 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 5, 2018, advising they have no concerns with this application. Mr. B. Flewwelling was in attendance in support of the subject application. He advised the building is an adaptive re -use with 14 individual suites having a range of tenants including a gown rental business and various technical companies. He noted the application was intended to legalize the subject dwelling and provide flexibility to the owner when reviewing applications from prospective tenants. He stated permitting 100% office for the subject dwelling gives a greater clarity to the property owner and management corporation on whether a prospective tenant would be eligible for an occupancy permit from the Zoning Department, in relation to use and parking requirements. He further advised a parking justification study was submitted in support of the subject application which reviewed the prospective office use when considering parking availability on the subject property. Mr. Flewwelling stated approving the variance for 100% office use on the property would have very little impact on the streetscape and would have little to no impact on how the building currently functions. He further advised the property owner does not intend to lease the building as 100% office use, noting the property is currently Zoned M2 and has a range of uses, adding many of the current tenants are landing -pad start-up businesses who operate in an office environment but are in fact manufacturing goods. Questions were raised on whether the subject application fit the criteria for a minor variance application or whether or not the increase to 100% office should be a Zone Change/Official Plan amendment. Ms. J. von Westerholt advised the current and future Official Plan designate the subject property as Employment Lands. She stated the uses being proposed are not employment uses and staff are not prepared to consider the increase in office use on the subject property as requested this date. Ms. J. Meader advised the staff report indicated a number of positive comments related to the proposed office use for the subject property. She stated in her opinion a Zone Change/Official Plan Amendment may be unnecessary. She indicated the site has been identified as a transition site and given that the property owner is requesting additional flexibility, she questioned whether the applicant could speak with staff further to determine the percentage of use staff would be willing to support. It was suggested and agreed, that the application should BE DEFERRED to the December 11, 2018 Committee of Adjustment meeting to allow for an opportunity for the applicant to discuss with Planning staff the minor variance related to the existing industrial building to have 100% office rather than the maximum permitted 25%. 9. Submission No.: A 2018-124 Applicant: Annabelle Ternent Property Location: 3 Katherine Crescent Legal Description: Lot 47, Plan 852 Appearances: In Support: C. Lasso Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an attached garage on an existing single detached dwelling having a westerly side yard setback of 0.56m rather than the required 1.2m. The existing sunroom will be removed. The Committee considered Development Services Department report DSD -18-157 dated November 9, 2018, recommending approval of this application subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -355- CITY OF KITCHENER 9. Submission No.: A 2018-124 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner dated November 5, 2018, advising they have no concerns with this application. Mr. C. Lasso was in attendance in support of the subject application and staff recommendation. Ms. J. Meader requested, and it was agreed, that a condition be included in the Committee's approval this date requiring the glass sunroom addition to be removed. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ANNABELLE TERNENT requesting permission to construct an attached garage on an existing single detached dwelling having a westerly side yard setback of 0.56m rather than the required 1.2m, on Lot 47, Plan 852, 3 Katherine Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 2. That the owner shall obtain a building permit for the proposed construction by December 1, 2019. 3. That the owner shall ensure the proposed garage addition is built in accordance with the setbacks shown on the site plan attached to 'Appendix A' of Development Services Department report DSD -18-157. 4. That the owner shall remove the glass sunroom to the satisfaction of the Chief Building Official and Director of Planning. 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.kitcener.ca Carried 10. Submission No.: A 2018-125 Applicant: JC Homes Inc. Property Location: 810 Frederick Street Legal Description: Lot 12, Plan 971, being Parts 8, 9 & 21 on Reference Plan 58R- 20279 Appearances: In Support: None COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -356- CITY OF KITCHENER 10. Submission No.: A 2018-125 (Cont'd) Contra: None Written Submissions: None That the application of JC Homes Inc. requesting permission for an existing townhouse end unit to have a covered porch and stairs greater than 0.6m in height located 3.86m from the side lot line abutting Frederick Street rather than the required 4.5m; and, a front yard setback on Turner Avenue of 3.81 m rather than the required 4.5m BE DEFERRED to the Committee of Adjustment meeting on December 11, 2018 for consideration, as no one was in attendance this date in support of the subject application. CONSENT APPLICATIONS: 1. Submission No.: B 2018-117 Applicant: 2343439 Ontario Inc. Property Location: 357 King Street East Legal Description: Part Lot 1, Registered Plan 380 Appearances: In Support: T. Kennedy S. Snyder Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to to grant an easement having a width of 2.74m, a depth of 5.52m and an area of 15.12 sq.m. in favour of the property municipally addressed as 87 King Street West for exterior egress (fire exit). The Committee considered Development Services Department report DSD -18-159 dated November 12, 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 November 13, 2018, advising they have no objection to this application. Mr. T. Kennedy and Ms. S. Snyder were in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of WIDEMAN HOLDINGS INC. requesting permission to grant an easement having a width of 2.74m, a depth of 5.52m and an area of 15.12 sq.m. in favour of the property municipally addressed as 87 King Street West for exterior egress (fire exit), on Part Lot 1, Registered Plan 380, 95 King Street West, 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. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -357- CITY OF KITCHENER 1. Submission No.: B 2018-117 (Cont'd) 3. That the owners of the proposed dominant lands and servient lands shall 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 a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, shall be provided to the City Solicitor. 5. The City Solicitor shall be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 20, 2020. Carried 2. Submission No.: B 2018-118 Applicant: Eljer Homes Ltd. Property Location: 543 Weber Street East Legal Description: Lot 30, Plan 656 Appearances: In Support: P. Haramis Contra: None Written Submissions: None At the request of the applicant, this application was withdrawn. 3. Submission Nos.: B 2018-119 and B 2018-120 Applicant: Dharmanand and Basmattie Anghad Property Location: 11 Chicopee Park Court Legal Description: Part Lot 49 and Lot 50, Plan 959 Appearances: In Support: L. Navaleza Contra: None COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -358- CITY OF KITCHENER 3. Submission Nos.: B 2018-119 & B 2018-120 (Cont'd) Written Submissions: None The Committee was advised the applicant is requesting permission to sever two parcels of land and retain one parcel for residential development. Severed Lot 1 identified on the plan submitted with the application will have a width of 9.666m, a depth of 35.956m and an area of 347.069 sq.m. Severed Lot 2 identified on the plan submitted with the application will have a width of 9.683m, a depth of 35.841 and an area of 345.841 sq.m. The retained land will have a width of 9.674m, a depth of 35.481 m and an area of 344.158 sq. m. The Committee considered Development Services Department report DSD -18-161 dated October 2, 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 November 13, 2018, advising they have no objection to these applications, subject to the following condition: 1. That prior to final approval, the owner enter into a registered agreement with the Regional Municipality of Waterloo to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." "Purchasers/tenants are advised that this property is located in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." Mr. D. Navaleza was in attendance in support of the subject application and staff recommendation. The Chair requested the Region of Waterloo's condition be included in the Committee's decision this date. Submission No.: B 2018-119 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of DHARMANAND and BASMATTIE ANGHAD requesting permission to sever a parcel of land identified as 'Severed Lot 1' on the plan submitted with the application will have a width of 9.666m, a depth of 35.956m and an area of 347.069 sq.m., on Part Lot 49 and Lot 50, Plan 959, 11 Chicopee Park Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners 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 owners 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. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -359- CITY OF KITCHENER 3. Submission Nos.: B 2018-119 & B 2018-120 (Cont'd) 3. That the owners shall prepare a Tree Management Plan 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 demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 4. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: That prior to any demolition, grading or the application or issuance of a building permit, the owners shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; ii. the location of any existing buildings or structures to be removed or relocated; iii. the proposed grades and drainage; iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; V. justification for any trees to be removed; and, vi. outline tree protection measures for trees to be preserved; and further, vii. building elevation drawings. Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. C. That prior to issuance of a building permit, the owners shall obtain clearance from the City's Director of Engineering that the forcemain for the Freeport Pumping Station has been fully commissioned and the development freeze has been lifted. That prior to issuance of a building permit, the owners shall agree to extend the sanitary sewer at his own cost and to the satisfaction of the City's Director of Engineering. 5. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcels equal in the amount of $4,450.27. 6. That the owners shall make satisfactory arrangements, financial or otherwise, with the City's Director of Engineering for the installation of any new service connections to the severed and/or retained lands, including an extension of the storm sewer at the sole cost of the owners. 7. That the owners shall make financial arrangements to the satisfaction of the City's Director of Engineering in consultation with the City's Director of Operations for the installation, to City standards, of boulevard landscaping including street trees, and paved driveway ramps, on the severed and retained lands. 8. That any new driveways be built to City of Kitchener standards at the owners' expense prior to occupancy of the building to the satisfaction of the City's Engineering Services Division. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -360- CITY OF KITCHENER 3. Submission Nos.: B 2018-119 & B 2018-120 (Cont'd) 9. That the owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. That the owners 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. 11. That the owners 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 owners would have to pump the sewage via a pump and force main 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. 12. That the owners shall make arrangements financial or otherwise for the relocation/removal of any existing City -owned street furniture, boulevard trees, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the City Director of Engineering Services in consultation with the City's Director of Operations and the Director of Transportation Planning. 13. That the owners shall make satisfactory arrangements with Kitchener -Wilmot Hydro Inc. for the relocation of the existing hydro pole, if necessary. 14. That the owners shall submit the Consent Application Review fee of $350.00 to the Region of Waterloo. 15. That the owners shall obtain Demolition Control approval in accordance with the City's Demolition Control By-law to the satisfaction of the Director of Planning. 16. That the owners shall obtain a building permit to the satisfaction of the Chief Building Official. 17. That the owners shall make satisfactory arrangements with the Director of Engineering for payment towards future sidewalk installation. 18. That the owners shall enter into a registered agreement with the Regional Municipality of Waterloo to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." "Purchasers/tenants are advised that this property is located in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." 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. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -361- CITY OF KITCHENER 3. Submission Nos.: B 2018-119 & B 2018-120 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 20, 2020. Carried Submission No.: B 2018-120 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of DHARMANAND and BASMATTIE ANGHAD requesting permission to sever a parcel of land identified as 'Severed Lot 2' on the plan submitted with the application will have a width of 9.683m, a depth of 35.841 and an area of 345.841 sq. m., on Part Lot 49 and Lot 50, Plan 959, 11 Chicopee Park Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners 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 owners 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 shall prepare a Tree Management Plan 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 demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 4. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: That prior to any demolition, grading or the application or issuance of a building permit, the owners shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; ii. the location of any existing buildings or structures to be removed or relocated; iii. the proposed grades and drainage; iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; V. justification for any trees to be removed; and, COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -362- CITY OF KITCHENER 3. Submission Nos.: B 2018-119 & B 2018-120 (Cont'd) vi. outline tree protection measures for trees to be preserved; and further, vii. building elevation drawings. Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. C. That prior to issuance of a building permit, the owners shall obtain clearance from the City's Director of Engineering that the forcemain for the Freeport Pumping Station has been fully commissioned and the development freeze has been lifted. That prior to issuance of a building permit, the owners shall agree to extend the sanitary sewer at his own cost and to the satisfaction of the City's Director of Engineering. 5. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcels equal in the amount of $4,450.27. 6. That the owners shall make satisfactory arrangements, financial or otherwise, with the City's Director of Engineering for the installation of any new service connections to the severed and/or retained lands, including an extension of the storm sewer at the sole cost of the owners. 7. That the owners shall make financial arrangements to the satisfaction of the City's Director of Engineering in consultation with the City's Director of Operations for the installation, to City standards, of boulevard landscaping including street trees, and paved driveway ramps, on the severed and retained lands. 8. That any new driveways be built to City of Kitchener standards at the owners' expense prior to occupancy of the building to the satisfaction of the City's Engineering Services Division. 9. That the owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. That the owners 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. 11. That the owners 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 owners would have to pump the sewage via a pump and force main 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. 12. That the owners shall make arrangements financial or otherwise for the relocation/removal of any existing City -owned street furniture, boulevard trees, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the City Director of Engineering Services in consultation with the City's Director of Operations and the Director of Transportation Planning. 13. That the owners shall make satisfactory arrangements with Kitchener -Wilmot Hydro Inc. for the relocation of the existing hydro pole, if necessary. 14. That the owners shall submit the Consent Application Review fee of $350.00 to the Region of Waterloo. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -363- CITY OF KITCHENER 3. Submission Nos.: B 2018-119 & B 2018-120 (Cont'd) 15. That the owners shall obtain Demolition Control approval in accordance with the City's Demolition Control By-law to the satisfaction of the Director of Planning. 16. That the owners shall obtain a building permit to the satisfaction of the Chief Building Official. 17. That the owners shall make satisfactory arrangements with the Director of Engineering for payment towards future sidewalk installation. 18. That the owners shall enter into a registered agreement with the Regional Municipality of Waterloo to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks." "Purchasers/tenants are advised that this property is located in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this path and noise from aircraft using the flight path may cause concern to some individuals." It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 20, 2020. Carried 4. Submission No.: CC 2018-001 Applicant: Viridis Development Group Inc. Property Location: Courtland Avenue East and Blockline Road Legal Description: Part Block F, Plan 1206 & Part Block F, Plan 1221, Being Part 1 on Reference Plan 58R-12301 Appearances: In Support: C. Crozier Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -364- CITY OF KITCHENER 4. Submission Nos.: CC 2018-001 (Cont'd) The Committee was advised the applicant is requesting permission to change the conditions of Provisional Consent application B 2017-034, granted by the Committee of Adjustment on November 21, 2017, to include an additional condition being requested by the Region of Waterloo requiring the owner to enter into a Registered Development Agreement to provide easements for access over portions of the severed and retained lands to accommodate Grand River Transit vehicular, bus and construction traffic, transit facilities and appurtenances. The Committee considered Development Services Department report DSD -18-162 dated November 8, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated November 13, 2018, advising they have no objection to this application. Ms. C. Crozier was in attendance in support of the subject application and the staff recommendation. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of VIRIDIS DEVELOPMENT GROUP INC. requesting permission to change the conditions of Provisional Consent application B 2017-034, granted by the Committee of Adjustment on November 21, 2017, to include an additional condition being requested by the Region of Waterloo requiring the owner to enter into a Registered Development Agreement to provide easements for access over portions of the severed and retained lands to accommodate Grand River Transit vehicular, bus and construction traffic, transit facilities and appurtenances., on Part Block F, Plan 1206 & Part Block F, Plan 1221, being Part 1 on Reference Plan 58R- 12301, Courtland Avenue East and Block Line Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall ensure the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor: a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto). a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity. Required easements shall include the following: i. a storm water easement over a portion of proposed lot 1 in favour of the retained lands and proposed lots 2 and 3; ii. a storm water easement over a portion of proposed lot 2 in favour of the retained lands and proposed lots 1 and 3; iii. a sanitary sewer easement over a portion of proposed lot 2 in favour of the retained lands and proposed lots 1 and 3; COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -365- CITY OF KITCHENER Submission Nos.: CC 2018-001 (Cont'd) iv. a storm water easement over a portion of lot 3 in in favour of the retained lands and proposed lots 1 and 2; a sanitary sewer easement over a portion of lot 3 in in favour of the retained lands and proposed lots 1 and 2, and, vi. a storm water easement over a portion of the retained lands in favour of proposed lots 1, 2 and 3. 4. That the owner's Solicitor shall provide a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the owner shall make satisfactory arrangements with the City's Director of Planning to provide future blanket easements across the retained lands and proposed lots 1, 2, and 3, for the following; a. shared storage of any storm or grey water; b. all utility servicing, including natural gas and hydro; C. telecommunications servicing; d. all shared energy production or distribution system(s); e. any shared building systems (if known), including fire detection and/or suppression systems; and, f. private vehicle owner, tenant, visitor, and commercial parking and access, pedestrian access, cyclist access and shared bicycle parking, public transportation access, truck, commercial, and service vehicle access and loading, and construction access. 6. That the owner shall submit payment to the Region of Waterloo the Consent Application Review Fee of $350.00. 7. That the owner shall enter into a Registered Development Agreement with the Region of Waterloo to provide for easements for access over portions of the proposed retained lands and the proposed severed lands in the locations agreed upon by the owner and the Region to accommodate Grand River Transit (GRT) vehicular, bus and construction traffic, transit facilities and appurtenances thereto, and for long term maintenance and repair by the Region of the transit facilities all to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 8. That the owner shall enter into a Registered Development Agreement with the City of Kitchener and/or the Region of Waterloo, or rail authorities, as necessary, to implement the findings of the following studies, and any addendums, or emerging reports: "Virerra Village, Kitchener Ontario, Acoustical Report" (IBI Group, March 31, 2017); "Courtland and Blockline Development, Rail Vibration Impact Study, Kitchener, Ontario" (Aercoustics, April 7, 2015). 9. That the owner shall obtain any necessary permits from the Grand River Conservation Authority (GRCA). It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 20, 2018 -366- CITY OF KITCHENER Submission Nos.: CC 2018-001 (Cont'd 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 20, 2020. Carried ADJOURNMENT On motion, the meeting adjourned at 10:54 a.m. Dated at the City of Kitchener this 20th day of November, 2018 Dianna Saunderson Secretary -Treasurer Committee of Adjustment