HomeMy WebLinkAboutDSD-18-189 - B 2018-124 - 34 Third AveStaff Repod
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
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www.kitchener. ca
Committee of Adjustment
December 11, 2018
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Eric Schneider, Junior Planner - 519-741-2200 ext. 7843
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December 3, 2018
DSD -18-189
APPLICATION #: B2018-124
34 Third Avenue
Applicant: Milorad Gutovic
Approve with conditions
Location Map: 34 Third Avenue
REPORT
Planning Comments:
The subject property is zoned Residential Four Zone (R-4) in the Zoning By-law and designated
Low Rise Residential in the City's 1994 Official Plan. The single detached dwelling on the
property was recently demolished and a duplex was erected on one side. The existing
development of the neighbourhood consists of a mix of single detached dwellings, semi-
detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this
neighborhood.
The Owner is requesting permission to sever the subject lands into two lots to in order to build a
duplex dwelling on the severed lot. Both the retained lot and the severed lot would have a lot
width of 10.05 metres, a depth of 40 metres, and an area of 402.36 square metres.
City Planning staff conducted a site inspection of the property on November 23,d, 2018.
Existing duplex on retained lands, vacant area on severed lands at 34 Third Ave
(November 27th, 2018)
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning
Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and
shape of the proposed lots are suitable for the use of the lands and compatible with the
surrounding community. The lands front onto a public street and full services are available.
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The proposed lots conform to the 1994 Official Plan. Both the retained and severed lots reflect
the general scale and character of the established development pattern of surrounding lands.
Based on the foregoing, Planning staff recommends that Consent Application B2018-124,
requesting consent to sever the subject property into two lots be approved, subject to the
conditions listed in the Recommendation section of this report.
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Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services
(DGSSMS) allows only one service per lot. Should a severance be approved, additional services
will be required for severed lot — a building permit will be required for this work. Separate building
permit(s) will also be required for the construction of any new buildings
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
The standard condition will be required for the owner to enter into an agreement registered on
title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to
be submitted and approved before a building permit will be issued.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new ones that may be required to service this property, all prior to
severance approval. Our records indicate sanitary, storm and water municipal services are
currently available to service this property. Any further enquiries in this regard should be
directed to Katie Pietrzak (519-741-2200 ext. 7135).
It is noted that this property is located in the Montgomery -Freeport Sanitary Drainage
Area. There is currently a development freeze in this area until the final phase of the
Freeport Sanitary Pumping Station is complete. Engineering will not approve any Off -
Site Works applications for this site until the pumping station works are complete.
Anticipated timing for this is end of year 2018.
Any new driveways are to be built to City of Kitchener standards. All works is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system and proposed easements will
be required to the satisfaction of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.)
with corresponding layer names and asset information to the satisfaction of the Engineering
Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as new
development lots will be created. The cash -in -lieu dedication required is $4627.14.
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (10.059m) at a land value of $9,200 per frontage metre.
A city owned tree is located in the boulevard of the subject property. The owner is required to:
• Show existing city owned vegetation on removals/demolition plan,
• Locate servicing/driveways in a location that avoids the tree where possible, or
• Remove and replace the tree (in coordination with Urban Forestry/Engineering staff) at
the owner's cost.
RECOMMENDATION:
That Application B2018-124 requesting consent to sever the subject property into two lots 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 pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $4,627.14. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage land
value for the severed portion.
3. That the owner provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full size 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.
4. That the Owner make financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the severed
and/or retained lands.
5. That any new driveways be built to City of Kitchener standards at the Owner's expense
prior to occupancy of the building to the satisfaction of the City's Engineering Division.
6. That the Owner provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
7. That the Owner submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together
with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system to
the satisfaction of the Director of Engineering Services.
8. That the Owner provides Engineering staff with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then the
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owner would have to pump the sewage via a pump and forcemain to the property line
and have a gravity sewer from the property line to the street to the satisfaction of the
Director of Engineering Services.
9. To 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.
10. That the Owner shall prepare a Tree Management Plan for both the severed and
retained lands in accordance with the City's Tree Management policy, to be approved
by the City's Director of Planning and where necessary, implemented prior to 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.
11. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
Eric Schneider, BES
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
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Region of Waterloo
File No. D20-20/18 KIT
December 4, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SEHVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Application B2018-121 through
B2018-127
Committee of Adjustment Hearing December 11, 2018
CITY OF KITCHENER
B2018-121
N.A.K. Holdings Inc. / Latton Properties Inc.
59 Irvin Street
The owner/applicant is proposing to convey the rear portion of 59 Irvin Street to the
existing lot to the south which consists of 79, 83, 87 Scott Street; 68, 82 Weber Street
East; and 15, 25, 29 Pearl Place. The lot addition will increase the size of the existing
parcel to the south and the future use has not been determined.
Regional staff has no objection to the application.
B2018-122
1841362 Ontario Inc.
20 Victoria Marie Court and 15 Prince Albert Boulevard
The purpose of this application is to sever a portion of Block 4 of 58M-561 for the
purpose of sale in respect to the ownership and development of Building C and D
identified in the Victoria Common project. The proposed severance affects the centre
portion of Block 4 on 58M-561. The proposed severance is in the interests of the
potential sale of Buildings C and D identified in the development parcel
Document Number: 2874293 Version: 1
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Oscar and Sharon Lutz
218 Woolwich Street
The owner/applicant is proposing a lot addition to the property immediately to east
owned by Principia Development Ltd. to provide for the complete extension of Field
Sparrow Crescent.
Archaeological Assessment:
Regional Staff require the completion of an Archeological Assessment for the proposed
severed property prior to final approval of the consent application. This is due to the
proximity to Known Archaeological Resources (about 10m from the property line), and
its proximity to historically mapped buildings, and to watercourses (including the Grand
River).
• As per Regional Official Plan policy 3.G.9, the applicant is required to have a
licensed Archaeologist complete an Archeological Assessment for the entire
severed property, and that any adverse impacts to significant archaeological
resources found shall be mitigated, through preservation of the resource and/or
removal and documentation, at the expense of the owner.
• The applicant must submit the Archaeological Assessment report to the Ministry
of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy
of the Ministry's acceptance letter and the Assessment report to the Region of
Waterloo's Planning, Development and Legislative Services Department.
• Regional Staff request that if a Stage 3 is recommended by the licensed
Archaeologist, that the Region of Waterloo be circulated the Stage 1 and 2
Assessments and be consulted prior to beginning the Stage 3 Assessment.
Water Services:
The existing subject property is located in Waterloo Zone 4 with a static hydraulic grade
line of 381 mASL. Any development with a finished road elevation below 324.8 mASL
will require individual pressure reducing devices on each water service in accordance
with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for
Municipal Services for January 2018.
Please note when the severed section of land is merged to Stage 2 of 30T-11205 it will
be located in a different pressure zone. It will be in pressure zone Kitchener Zone
4a with a static hydraulic grade line of 363.2 mASL.
Document Number: 2874293 Version: 1
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval the applicant complete an Archaeological Assessment
for the entire severed property and provide the Region of Waterloo with the
Ministry of Culture, Tourism and Sport acceptance letter.
B2018-124
Milorad Gutovic
34 Third Avenue
The owner/applicant is proposing a severance to create a new residential lot.
Corridor Planning:
At this location the severed and retained lands may experience traffic noise from
Provincial Highways (Highway 7 and 8). In lieu of a Transportation Noise Study,
Corridor Planning would be prepared to recommend that the owner enter into an
agreement with the City of Kitchener for the following noise warning clause:
"Purchasers/tenants are advised that sound levels due to high volume of road
traffic on Highway 7 and 8 may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of the Environment, Conservation and Parks
(MOECP)
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
2) That prior to final approval, the Owner enter into a registered agreement with the
City of Kitchener to include the following warning clause in all agreements of
purchase and sale and/or rental agreements (for the severed and retained
parcels):
Document Number: 2874293 Version: 1
Purchasers/tenants are advised that sound levels due to high volume of
road traffic on Highway 7 and 8 may occasionally interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks (MOECP).
B2018-125
Edmir and Monika Hasanaj
60 Kehl Street
The owner/applicant is proposing a severance to create a new residential lot.
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
B2018-126
Nenad Gutovic
53 Second Avenue
The owner/applicant is proposing a severance to create a new residential lot.
Corridor Planning:
At this location the severed and retained lands may experience traffic noise from
Provincial Highways (Highway 7 and 8). In lieu of a Transportation Noise Study,
Corridor Planning would be prepared to recommend that the owner enter into an
agreement with the City of Kitchener for the following noise warning clause:
"Purchasers/tenants are advised that sound levels due to high volume of road
traffic on Highway 7 and 8 may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of the Environment, Conservation and Parks
(MOECP)".
Document Number: 2874293 Version: 1
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
2) That prior to final approval, the Owner enter into a registered agreement with the
City of Kitchener 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 high volume of
road traffic on Highway 7 and 8 may occasionally interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks (MOECP).
B2018-127
FM Limited Partnership c/o EIWO Canadian Management Ltd.
385 Frederick Street
The owner/applicant is proposing to recognize a Lease in Excess of twenty-one (21)
years.
Regional staff has no objection to the application.
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof. Please accept this letter as our request for a copy of the staff
reports, decisions and minutes pertaining to each of the consent applications noted
above. Should you require Regional Staff to be in attendance at the meeting or have
any questions, please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley
Planner
Document Number: 2874293 Version: 1
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: December 3, 2018 YOUR FILE: See below
RE: Applications for Minor Variance (Signs and Fences):
SG 2018-014 321 Fischer Hallman Road
SG 2018-015 371 Franklin Street North
FN 2018-003 626 Blair Creek Drive
Applications for Minor Variance:
A 2018-116
359 Alice Avenue
A 2018-123
106 Ahrens Street West
A 2018-125
810 Frederick Street
A 2018-126
468 Trussler Road
A 2018-128
24 Crosswinds Drive
A 2018-129
398 Rivertrail Avenue
A 2018-130
374, 380 & 384 Prospect Avenue
A 2018-131
414 & 424 Prospect Avenue
A 2018-133
121 Walter Street
A 2018-134
76 Grand Flats Trail
A 2018-135
171 Rivertrail Avenue
A 2018-136
248 Shady Glen Crescent
A 2018-137
1 Goodrich Drive/1 Chandaria Place
A 2018-138
242, 254 & 262 Queen Street South
A 2018-139
16 Chapel Hill Drive
Applications for Consent:
B 2018-121
59 Irvin Street
B 2018-122
20 Victoria Marie Court/15 Prince Albert Boulevard
B 2018-124
34 Third Avenue
B 2018-126
53 Second Avenue
B 2018-127
385 Frederick Street
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.