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HomeMy WebLinkAboutCA Agenda - 2019-01-15THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w _NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 ' la�iw�°"� Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594 As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY, January 15, 2019, commencing at 10:00 a.m. in the Council Chamber, 211d Floor, Kitchener City Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may attend this meeting. Please note this meeting is open to the public and may be recorded. Copies of written submissions and public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE — CHAPTERS 680 (SIGNS) & 630 (FENCES) OF THE MUNICIPAL CODE The recommendations of the Committee of Adjustment on Minor Variances to Chapters 680 (Signs) and 630 (Fences) of the Municipal Code will be forwarded to City Council for final approval. FN 2019-001 - 27 Glasgow Street Permission to construct a 1.8m high wooden fence located Om from the side lot line abutting Gruhn Street rather than the required 1.5m setback; and, to have a 1.5m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. SG 2019-001 - 70 King Street East Permission to replace an existing projection sign on the King Street East facade with another projection sign extending 2.2m from the building wall rather than the maximum 1.5m projection; and, to have internal illumination whereas the By-law permits only external illumination. SG 2019-002 - 439 Park Street Permission to replace the existing sign with a ground -supported sign on a property having a width of 11.5m rather than the required 15m; and, to permit third -party advertising whereas the By-law does not permit third - party advertising. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2018-127 — 659 and 663 Victoria Street South Permission to construct a 7 -storey multi -residential dwelling having a front yard setback of 6m rather than the required 10.5m; an easterly side yard setback of 3.8m and westerly side yard setback of 5.4m rather than the required side yard setbacks of 6m; having a Floor Space Ratio (FSR) of 1.48 rather than the permitted maximum FSR of 1.0; and, to have 74 off-street parking spaces (0.8 spaces/per unit) rather than the required 138 off-street parking spaces (1.5 spaces/per unit). A 2019-001 - 439 Park Street Permission to convert an existing medical office into a pharmacy having off-street parking spaces located Om from the front lot line rather than the required setback of 3m. Page 1 of 4 A 2019-002 - 106 Idle Creek Drive Permission to construct a deck in the rear yard of an existing townhouse having a northerly side yard setback of 1 m rather than the required 2.5m. /_i'lkllVa1I1k1m,MrA:?irl:I'i=1 1 gI1771- Permission for an existing office building having 2.423 sq.m. Gross Floor Area (GFA) to have 315 sq.m. of the GFA to be converted to a health office/clinic whereas the By-law does not permit a health office/clinic use. A 2019-004 - 54 Bridge Street West Permission to construct a 5 -building, 30 -unit stacked town house development having building heights of 10.8m rather than the maximum permitted height of 13.8m; a Floor Space Ratio (FSR) of 0.65 rather than the permitted maximum 0.6; and, to have 47 off-street parking spaces rather than the required 53. A 2019-005 - 362 Edwin Street Permission for an existing four-plex to have 0 barrier -free off-street parking spaces rather than the required 1 barrier -free off-street parking space. A 2019-006 - 925 Thomas Pedder Court Permission to construct a single detached dwelling having a rear yard setback of 7m rather than the required 7.5m. A 2019-007 - 35 Trillium Drive Permission for a building under construction currently zoned Business Park Employment (B-2) to have a 250 sq.m. Commercial Recreational use for a proposed fitness centre, where as the By-law does not permit a Commercial Recreational use. A 2019-008 - 242 Ingleside Place Permission to convert an existing semi-detached dwelling into a duplex whereas the By-law does not permit duplexing semi-detached dwellings within that zone. /_i'lkll Va1I1Is 11KNI 9'iTI"• Fl rM 1TWV Permission for an existing single detached dwelling to have the required off-street parking space 3.64m from the street line rather than the required 6m. A 2019-010 - 150 Mill Street Permission to convert an existing single detached dwelling into a triplex having a northerly side yard setback of 2.9m rather than the required 3m; having a lot width of 14.9m rather than the required 15m; and, an expansion of 95% of the ground floor of an existing buildings floor area as of May 1, 2006, whereas 25% is perm itted. A 2019-011 - 270 Spadina Road East Permission for a multi -residential condominium under construction to provide parking at a rate of 0.29 off- street parking spaces for the first 103 residential units (30 off-street spaces/first phase 103 units) and a parking rate of 1.42 per residential unit thereafter (128 required spaces/second phase 90 units) rather than the required 158 parking spaces for the building development; to provide 0% visitor parking spaces for the first 103 residential units (first phase) and 12% visitor parking spaces per residential unit thereafter rather than the required 10% visitor parking spaces. The final number of parking spaces once fully constructed will have 167 off-street parking spaces, including 16 visitor parking spaces and 6 barrier -free parking spaces which will exceed the required off-street parking requirements outlined within the By-law. Page 2 of 4 A 2019-012 - 50 Moore Avenue Permission to legalize an existing duplex having 1 off-street parking space rather than the required 2 off- street parking spaces; and, for the 1 off-street parking space to be located Om from the front lot line rather than the required 6m setback. B 2019-001 - 427 Old Chicopee Trail Permission to sever a parcel of land having a width of 21.81 m, a depth of 43.07m and an area of 909.2 sq.m. The retained land will have a width of 21.81 m, a depth of 42.76m and an area of 915.83 sq.m. Both parcels are intended for single detached dwellings. B 2019-002, B 2019-003, B 2019-004 & A 2019-013 - 25 & 31 Fourth Avenue Permission being requested to sever 3 parcels of land and retain one parcel for residential development as follows: B 2019-002 - Parcel 'A' on the Plan submitted with the Application Width: 12.829m Depth: 40.257m Area: 515.9 sq.m. B 2019-003 - 31 Fourth Avenue (Parcel 'C', on the plan submitted with the application): Width: 9.144m Depth: 40.257m Area: 368.1 sq.m. B 2019-004 - 31 Fourth Avenue (Parcel 'D', on the plan submitted with the application): Width: 9.144m Depth: 40.257m Area: 368.1 sq.m. Retained Lands — Future Lot'B' on the Plan submitted with the application Width: 7.306m Depth: 40.257m Area: 368.1 sq.m. The retained parcel identified as Parcel 'A' also requires permission for the single detached dwelling to have two off-street parking spaces located Om from the front lot line rather than the required 6m; and, to allow an existing shed to have a northerly side yard setback of 0.43m rather than the required 0.6m. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www. itc ener.ca in the calendar of events, see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Local Planning Appeal Tribunal LPAT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Holly Dyson at ollyeyson itcenereca. Page 3 of 4 • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 28th day of December, 2018. Dianna Saunderson Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON DECEMBER 28, 2018. Page 4 of 4 ISM U1,xrR. ww kitchen r c a REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 9 DATE OF REPORT: January 4, 2019 REPORT #: DSD -19-007 SUBJECT: FN2019-001 — 27 Glasgow Street Street Applicants — Jay Harrison & Sean Geobey Approved with Conditions Location Map: 27 Glasgow Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property is located on the corner of Glasgow Street and Gruhn Street and the property contains a single detached dwelling. The zoning is Residential Five (R-5) with Special Use Provision 129U and is designated Low Rise Conservation in the K -W Hospital Neighbourhood Secondary Plan. City Planning staff conducted a site inspection of the property on December 27th, 2018. 27 Glasgow Street (front and rear view) The owner is requesting permission to construct a 1.82 metre (6 ft) high wooden fence to be located 0 metres from the side lot line abutting Gruhn Street rather than the 1.5 metre (5 ft) setback; and, to have a 1.5 metre (5 ft) encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. The requested variances meet the intent of the Fence By-law and can be considered minor. The intent of minimum 1.5 metre setback from an exterior side lot line for fences between 1.82 and 2.44 metres in height is to provide an adequate buffer space between pedestrians using the sidewalk and tall fences. This buffer provides a pedestrian -friendly street that contributes to a pleasant walking environment and attractive streetscape. Although the subject variance is to locate the fence at the lot line, which staff generally does not support, in this case there is sufficient city -owned landscaping (grass) between the proposed fence and the sidewalk, and staff could therefore support the requested variance. In regards to the variance to the Driveway Visibility Triangle, the proposed variance extends a minor distance of 1.5 metres into the required 4.5 metres and is not considered an obstruction. The driveway entrance to the adjacent property is intended for entrance only and the reduction in the DVT will not affect vehicles entering the property. This is also noted by Transportation Planning staff in their comments below. The variances are appropriate development for the property and surrounding streetscape. As a condition, staff is recommending that landscaping be added to soften the appearance of a wood fence from the street view. Therefore, the proposed fence, along with the required landscaping, will enhance the use of the subject property while also providing an appropriate streetscape buffer between the fence and the public realm. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Based on the neighbouring access functioning as a one-way entry from Gruhn Street and the proposed 3 metre driveway visibility triangle (DVT), Transportation Services can support the proposed DVT variance. Environmental Comments: No environmental planning concerns due to the nature of application. Heritage Comments: Heritage Planning staff notes that the property municipally addressed as 27 Glasgow Street is adjacent to 91 Gruhn Street/350 Park Street which is a listed property on the Municipal Heritage Register and 787 King Street West which is a designated property under Part IV of the Ontario Heritage Act. Based on the nature of the application to construct a fence that is closer to the lot line than what is permitted, Heritage Planning staff has no concerns. RECOMMENDATION That application FN 2019-001 requesting permission to reconstruct a 1.82 metre (6 ft) high wooden fence to be located 0 metres from the side lot line abutting Gruhn Street rather than the 1.5 metre (5 ft) setback; and, to have a 1.5 metre (5 ft) encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, be approved subject to the following conditions: 1) That the owner submits a landscape plan to the satisfaction of the Planning Division and installs the approved plantings; 2) That the above noted condition be met no later than August 1, 2019; and, any request to a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date noted above. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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. ww kitchen r c a REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Jenna Daum — Technical Assistant - 519-741-2200 ext.7760 WARD: DATE OF REPORT: REPORT #: SUBJECT: 10 January 7t", 2019 DSD -19-008 SG 2019-001 — 70 King Street East Owner— Europro (Kitchener) GP INC. Approve With Conditions Location Map: 70 King Street East *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The subject property located at the north-west corner of King and Frederick Streets and is zoned Retail Core Zone (D-1) in Zoning By-law 85-1. The property is designated Urban Growth Centre (Downtown) in the 2014 Official Plan. City Planning staff conducted a site inspection on December 27th, 2018. Location of existing Fascia and Projecting sign to be replaced. The applicant is requesting permission to replace an existing projection sign on the King Street East facade with another projection sign extending 2.2m from the building wall rather than the maximum 1.5m projection; and, to have internal illumination whereas the By-law permits only external illumination. The intent of by-law Section 680.17.3 is to ensure that the projecting signs do not dominate the facade of a building or surrounding streetscape. The subject building is approximately 15 metres (7.3 ft) wide and more than 50 metres (164 ft) in length. The proposed sign is appropriate in area and projection considering the size of the building. It is noted that the sign does project over the lot line and over city lands and will therefore require an encroachment agreement. This was also required for the existing sign. The intent of prohibiting internal illumination on signs in the Retail Core is to ensure aesthetically pleasing signage that fits into the character of the downtown/retail core area. The applicant advised the proposed sign will contain a day night vinyl so the black letters glow white at night. As the area of internal illumination is only a portion of the overall sign area, it is the staff's opinion that the sign meets the intent of the by- law. Lastly, it is noted that a sign box exists on the Frederick Street elevation that does not comply and is not used, therefore staff recommends a condition that it be removed. Based on the above comments, staff is of the opinion that the requested variances are appropriate development for the subject lands and surrounding area. Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed sign variance provided a sign permit is obtained prior to erection. Transportation Services Comments: No concerns with the proposed variance. Engineering Comments: No concerns with the proposed variance. Environmental Planning Comments: No concerns with the proposed variance. Heritage and Policy Planning Comments: The property municipally addressed as 70 King Street East is designated under Part IV of the Ontario Heritage Act. There are three existing signs on the property: a projecting sign on the King Street elevation, and a fascia sign on the Goudies Lane elevation. As well there is a fascia sign on the Frederick Street elevation which is to be removed. With respect to the variance to permit the projection of the King Street sign and the variance to permit illumination of both the King Street sign and Goudies Lane sign, Heritage Planning staff has no concerns. However, Heritage Planning staff has an interest in understanding what masonry repairs will be required as a result of the removal of the existing Goudies Lane sign and Frederick Street sign. In addition, Heritage Planning staff has an interest in understanding whether any alterations to the source of illumination will be required for the new signs. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 70 King Street East is advised that the property is located within the Downtown CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. RECOMMENDATION: That application SG 2019-001 requesting permission to replace an existing projecting sign on the King Street East fagade with another projecting sign extending 2. 2m from the building wall rather than the maximum 1. 5m projection; and, to have internal illumination on a projecting sign and fascia sign whereas the By-law permits only external illumination, be approved, subject to the following conditions: 1. That the Frederick Street fascia sign be removed prior to the issuance of a Sign Permit for the Goudies Lane sign, masonry repairs to both the Frederick Street and Goudies Lane facades are to be completed to the satisfaction of the Coordinator, Cultural Heritage Planning by October 31, 2019. 2. That an encroachment agreement be obtained for the portion of the projecting sign extending over City lands on King Street from the Legal Division; 3. The internal illumination of "Joe's" be limited to day night vinyl so the black letters glow white at night; or as approved by the Manager of Site Development and Customer Service; 4. That a Sign Permit is obtained for the proposed signs from the Planning Division; 5. That the above noted conditions 1 to 4 be fulfilled no later than October 31, 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 the decision. Failure to fulfill these conditions will result in this approval becoming null and void Jenna Daum Juliane von Westerholt, BES, MCIP, RPP Technical Assistant (Planning and Zoning) Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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. ww kitchen r c a REPORT TO: Committee of Adjustment DATE OF MEETING: January 15', 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner— 519-741-2200 ext. 7843 WARD: 9 DATE OF REPORT: January 7t", 2019 REPORT #: DSD -19-009 SUBJECT: SG2019-002 — 439 Park Street Applicant — Jo -Ann Malhotra Recommendation: Approve with Conditions Location Map: 439 Park Street REPORT Planning Comments: The subject property located at 439 Park Street is zoned Community Institutional Zone (1-2) in the Zoning By-law 85-1 with Special Use Provision 102U. Staff conducted a site inspection of the property on December 21St, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is requesting relief from Section 680.3.32 to erect a sign outside of the property boundaries of the subject site, considered a "non -accessory sign" in the Sign By-law. The applicant has entered into an encroachment agreement with the City for permission to erect a sign on City property. The applicant is also requesting relief from Section 680.11.2 to allow for a ground supported sign on a property with a lot width of 11.5 metres rather than the required 15 metres. View of Existing Sign (December 21st, 2018) The intent of the regulation that prohibits non -accessory signs (third party signs), is to prevent an excess of signage in the City by requiring signs to be located on the same property as the business that is advertised. This regulation is important to preserve street aesthetics by limiting the extent of signage on properties, streets and neighbourhoods throughout the City. The main objective of this regulation is to prohibit property owners from renting out space on their lot to advertise for potentially numerous businesses, which could create a billboard -like signage effect on any privately owned lot that would permit a sign. In this situation, the property originally possessed a landscape bed that contains a ground supported sign that has since been conveyed to the City for road widening. A new sign to replace the existing sign is also proposed to be within this landscape bed, and the applicants have entered into an encroachment agreement with the City to allow the sign to be located there. The sign is located on City land in front of the subject property and does not represent a situation in which the business owner is looking to advertise for their business excessively and/or on other parcels of private property. Therefore, the proposed variance meets the intent of the Sign By-law. The intent of the regulation that requires 15 metres of lot width for ground supported signs is to make sure that the lot is large enough to accommodate a ground supported sign without interfering with visibility, movement, and functionality. The sign is to be located outside of the Driveway Visibility Triangle (DVT), and its placement in the landscape bed is not expected to negatively impact movement or site functionality. Therefore, the requested variance for insufficient lot width for a ground supported sign meets the intent of the Sign By-law. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed sign variance provided a sign permit is obtained prior to erection Transportation Services Comments: The location of the DVT as indicated on the submitted plan, is incorrect. Typically the DVT is located along the property line and the edge of the driveway. However, Transportation Services has no concerns with the proposed sign location. It should be noted that the sign is within the city's right-of-way and is subject to removal at any time by the city. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 439 Park Street is advised that the property is located within the Gildner Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No environmental planning concerns due to nature of application. RECOMMENDATION That application SG2019-002 requesting permission to replace the existing sign with a ground -supported sign on a property having a width of 11.5m rather than the required 15m; and, to permit third -party advertising whereas the By-law does not permit third - party advertising be approved, subject to the following conditions: 1. That a sign permit is obtained from the Planning Division. 2. That the subject application is approved if and only if the licensing agreement for the encroachment of the sign onto City property is valid and binding, failure to maintain that agreement will make the decision null and void. 3. That condition 1 shall be completed prior to June 30th, 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. Eric Schneider, BES Juliane von Westerholt, B.E.S., MCIP, RPP Junior Planner Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Staff Repod K I' 1i I [FN1 JR, Development Services Departi-hent wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Craig Dumart, Junior Planner- 519-741-2200 ext. 7073 WARD: 8 DATE OF REPORT: January 7, 2019 REPORT # DSD -19-010 SUBJECT: Application #: A2018-127, 659-663 Victoria Street South Applicant: Masri O Inc Architects Recommendation to Approve with Conditions Location map:659-663 Victoria Street South REPORT Planning Comments: The subject property is zoned Residential Seven Zone (R-7) and is designated as Medium Rise Residential in the City of Kitchener's Official Plan. The owner is proposing to develop the subject lands with a seven storey multiple dwelling buildings consisting of 92 units. To facilitate the development the owner is requesting relief from Section 41.2.1 of the Zoning By-law to increase the Floor Space Ratio (FSR) (which is the figure obtained when the building floor area on a lot is divided by the lot area) from 1.0 to 1.48 FSR. In addition the applicant is requesting relief from Section 41.2.6 of the Zoning By-law to permit a front yard setback of 6.0 metres rather than 10.5 metres. Requesting relief from Section 41.2.6 c) of the Zoning By-law to permit side yard setbacks of 3.8 metres and 5.4 metres rather than the required 6.0 metres. Additionally, the owner is requesting to reduce the onsite parking requirements and is seeking relief from Section 6.1.2 a) of the Zoning By-law to allow a parking rate of 0.8 spaces per unit rather than the required 1.5 spaces per unit. Staff conducted a site visit on December 7, 2018. Subject Lands at 659-663 Victoria Street South In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: The subject property is designated Medium Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. A significant number of Medium Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Medium Rise Residential Policies 3.1.3.1 and 3.1.3.3 from the 1994 Official Plan which allow for medium density forms of housing such as multiple residential dwellings with a Floor Space Ratio (FSR) to a maximum of 2.0 with a height maximum of 8 stories is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is planning staff's opinion that the proposed variances meets the general intent of the Official Plan which encourages a range of different forms of housing to achieve a medium density neighbourhood. The requested variances are appropriate as the proposed FSR is less than the maximum of 2.0 outlined in the Official Plan and less than 8 stories in height. The proposed development decreased side yard setbacks, front yard setback and increased FSR will be compatible with the surrounding residential neighbourhood with respect to height and massing, and location of the proposed building, and will not create unacceptably adverse impacts on adjacent properties. 2. The requested variance to increase the Floor Space Ratio meets the general intent of the Zoning By-law. The intent of the Floor Space Ratio regulation in the Zoning By-law is to ensure the new development is of a scale and massing that is compatible with the surrounding residential neighbourhood. The requested variances to reduce the parking rate to 0.8 spaces per unit meets the general intent of the Zoning By-law. The purpose of the 1.5 parking spaces per unit regulation is to ensure there are adequate parking spaces provided for residents and visitors of multiple dwellings. To support the proposed parking rate, the applicant submitted a parking justification study for the subject site, which recommends that 0.8 spaces per unit would be appropriate for the size of this development. Transportation Staff supports the findings of the parking justification study and has no concerns with the proposed parking rate. The requested side yard setbacks and front yard setback meets the general intent of the Zoning By-law and are appropriate. Adequate side yard setbacks between adjacent properties are provided. The decreased front yard setback will allow the building to align with buildings on adjacent properties. Furthermore, by locating the building closer to the street, it will provide active uses adjacent to the public realm, direct pedestrian access and ensure that all parking will be provided internally or to the rear of the building. As such, it is staff's opinion that the requested variances for increased Floor Space Ratio, decreased parking rate, decreased front yard setback and side yard setbacks are appropriate. 3. The proposed variances can be considered minor and appropriate for the development and use of the land which is compatible with adjacent land uses and is appropriately scaled for the neighbourhood. It is staffs opinion that the proposed minor variances will have minimal impacts on the surrounding neighbourhood due to the location and orientation of building proposed on site. It is staff's opinion that this development is considered good planning. 4. The proposed variances are appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The scale, massing, height and setbacks of proposed building will not negatively impact the existing character of the subject property or surrounding neighbourhood. Heritage Comments: Heritage Planning staff has no concerns with the proposed variance. Environmental Planning Comments: There are no natural heritage features or functions of local, Regional, Provincial or national significance on, or adjacent to, the subject property. Treed vegetation subject to the City's Council - adopted Tree Management Policy (rev. 2001) is limited. A Tree Preservation / Enhancement Plan has been required as condition of the Site Plan Approval. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the new apartment building and is currently under review Transportation Services Comments: In consultation with the applicant, a parking rate of 0.8 spaces per unit inclusive of visitor parking was achieved. This equates to 0.64 spaces per unit for tenants, plus 0.16 visitor parking spaces per unit. As a condition of approval, Transportation Services recommends the following TDM measures be required on site as noted in the Parking Justification and TDM report submitted (October 2018) by Paradigm Transportation Solutions Ltd. • TDM measure 131 — 63 indoor secure bike parking spaces be provided in a fully accessible location. • TDM measure 133 — minimum 1 car share parking space. • TDM measure 137 — unbundling of parking, which allows a prospective tenant to opt out of having a parking space. Engineering Services Comments: No concerns. RECOMMENDATION That application A2018-127 requesting relief from Section 41.2.1 of the Zoning By-law to increase the Floor Space Ratio from 1.0 to 1.48 FSR, relief from Section 41.2.6 of the Zoning By-law to permit a front yard setback of 6.0 metres rather than 10.5 metres, relief from Section 41.2.6 c) of the Zoning By-law to permit side yard setbacks of 3.8 metres and 5.4 metres rather than the required 6.0 metres and relief from Section 6.1.2 a) of the Zoning By-law to allow a parking rate of 0.8 spaces per unit rather than the required 1.5 spaces per unit, be approved subject to the following condition: 1. The owner agrees to finalize details on how each Transportation Demand Management (TDM) measure will be fulfilled and maintained to the satisfaction of the Director of Transportation Services and the City Solicitor. Craig Dumart, BES, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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. ww kitchen r c a REPORT TO: Committee of Adjustment DATE OF MEETING: January 15', 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner— 519-741-2200 ext. 7843 WARD: 9 DATE OF REPORT: January 7t", 2019 REPORT #: DSD -19-011 SUBJECT: A2019-001 — 439 Park Street Applicant — Jo -Ann Malhotra Recommendation: Approve Location Map: 439 Park Street REPORT Planning Comments: The subject property located at 439 Park Street is zoned Community Institutional Zone (1-2) in the Zoning By-law 85-1 with Special Use Provision 102U. The property is designated *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Community Institutional in the K -W Hospital Neighbourhood Secondary Plan in the 1994 Official Plan. Staff conducted a site inspection of the property on December 21St, 2018. The applicant is requesting relief from Section 6.1.1.1(a)(iv) to legalize parking spaces located OM from a street line rather than the required 3M. View of Parking Lot on Site (December 215, 2018) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The requested variance meets the general intent of the Official Plan. The subject property is designated Community Institutional in the K -W Hospital Secondary Plan in the 1994 Official Plan. The Community Institutional designation recognizes the existence of community services (such as the existing health office on the subject site) that are intended to be complementary to the existing residential uses in the neighbourhood. The parking layout represents an existing situation and therefore the requested variance meets the general intent of the Official Plan. 2. The requested variance meets the general intent of the Zoning By-law. The intent of the regulation that requires 3 metres between parking spaces and the street line is to provide adequate space for landscaping between parking areas and the public realm. Landscaped areas act as a buffer to ensure that parking areas do not conflict with pedestrian and vehicular movements at the street line. In this situation, the subject property does in fact contain a landscape bed located between the sidewalk and the parking area that is approximately 6 metres wide that has been conveyed to the City for future road widening. Therefore, the requested variance meets the intent of the By-law as there is a more than adequate area to buffer the parking area from the street line. 3. The proposed variances are considered desirable and appropriate for the development and use of the lands. The parking layout is an existing situation and Staff believes it to be appropriate for the use of the lands. 4. The variance is considered minor. No changes to the layout of the site are proposed so Staff considers the variance to be minor. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 439 Park Street is advised that the property is located within the Gildner Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No environmental planning concerns due to nature of application. RECOMMENDATION That application A2019-001 requesting permission to legalize parking spaces set back Om from a street line rather than the required setback of 3m be approved. Eric Schneider, BES Junior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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. ww kitchen r c a REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 2 DATE OF REPORT: January 4, 2019 REPORT #: DSD -19-012 SUBJECT: A2019-002 — 106 Idle Creek Drive Applicant — James Abohbot Approved with Conditions Location Map: 106 Idle Creek Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 106 Idle Creek Drive is zoned Residential Six (R-6) with Special Use provision 179U, and designated Low Rise Residential in the City Official Plan. The applicant is requesting relief from Section 40.2.6 of the Zoning By-law to reconstruct a deck that is higher than 0.6 metres located 1.0 metres from the side property line whereas 2.5 metres is required. City Planning staff conducted a site inspection of the property on January 3, 2019. 106 Idle Creek Drive Rear view (Existing deck to be replaced) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. A significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as single detached dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. The proposed variance meets the intent of the designation, which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced side yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. 2. The requested minor variance to have a side yard setback of 1.0 metres rather than the required 2.5 meet the general intent of the Zoning By-law. The purposed of the setback is to provide adequate separation between the deck and adjacent properties, as well as providing access to the rear yard amenity space and maintenance. The reduction of 1.5 metres is minor as the 1.0 metre setback will continue to provide adequate separation. Furthermore, the neighbouring property is parkland and does not contain residential uses. As such, staff is satisfied that the requested variance meets the general intent of the Zoning By-law. 3. Staff is of the opinion that the requested variance is minor and the approval of the side yard setback will not adversely affect the subject property nor will it negatively affect adjacent properties or the overall neighbourhood. 4. The variance is appropriate for the development and use of the land. Staff is of the opinion that the requested variance should not impact any of the adjacent properties or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the deck for the townhouse unit and is currently under review. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: The rear of the property is within the floodplain and therefore regulated by the GRCA. The City does not have a tree preservation plan / tree saving plan for the property. However, there was a landscape plan approved when the units were built that show dogwoods in the area where the deck is proposed. Environmental Planning can support the proposed variance conditional on the provision of alternate landscaping surrounding the proposed deck. Once the landscaping/planting is complete staff can redline the approved plans on file. Heritage Comments: No heritage planning concerns. RECOMMENDATION That minor variance application A2019-002 requesting relief from Section 40.2.6 to reconstruct a deck that is higher than 0.6 metres located 1.0 metres from the side property line whereas 2.5 metres is required; be approved subject to the following condition: 1. A scoped landscape plan be approved to the satisfaction of the Director of Planning and that the approved plantings be installed. 2. That all conditions shall be completed prior to September 30th, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. Holly Dyson From: Andrew Herreman <aherreman@g rand river.ca > Sent: 07 January, 2019 9:22 AM To: Holly Dyson Subject: A 2019-002 - 106 Idle Creek Drive Good morning Holly, Grand River Conservation Authority staff have reviewed the proposed deck at 106 Idle Creek Drive through the City of Kitchener building permit process. As such, the Grand River Conservation Authority has no objection to the approval of A 2019-002 to allow for a reduced side yard setback for the proposed unenclosed deck. Let me know if you have any questions. Sincerely, Andrew Herreman, CPT I Resource Planning Technician Grand River Conservation Authority 400 Clyde Road, PO Box 729, Cambridge, Ontario N1 R 5W6 (519) 621-2763 x 2228 1 wwwarandriverca ww kitchen r c a REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner— 519-741-2200 ext. 7869 WARD: 1 DATE OF REPORT: January 3, 2019 REPORT #: DSD -19-013 SUBJECT: A2019-003 — 487 Riverbend Drive Applicant — Heather Price, GSP Approve Location Map: 487 Riverbend Drive REPORT Planning Comments: The subject property located at 487 Riverbend Drive is zoned Restricted Business Park Zone (B- 2) in the Zoning By-law 85-1 with Special Regulation Provision 32R and Special Use Provision 107U. The property is designated Business Park Employment in the 2014 Official Plan (under appeal) and designated Business Park in the 1994 Official Plan. Staff conducted a site inspection of the property on December 31, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is requesting to add the uses "health office" and "health clinic" to occupy 315 square metres or 13 percent of an existing building that has 2453 square metres of gross floor area. Defined in the Zoning By-law, a health office has 1-2 health professionals and a health clinic has 3 or more health professionals. In support of this request, an opinion letter was provided by Ms. View of Existing Building — Google In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The requested variance meets the general intent of the Official Plan. The subject property is designated Business Park Employment in the 2014 Official Plan (under appeal) and Business Park in the 1994 Official Plan. As such, staff will be relying on the 1994 Official Plan. The Business Park designation in the 1994 Official Plan contain policies that speak to providing service uses (including health office/clinic) within Business Park areas to complement a full range of uses within a Business Park. Staff is therefore of the opinion that the addition of this use would provide a good complementary function within the existing business park. Therefore, the requested variance meets the general intent of the Official Plan. Moreover, although the 2014 Official Plan is under appeal, the direction of the Business Park Employment designation is also to allow health office/clinics. 2. The requested variance meets the general intent of the Zoning By-law. The intent of the by-law within the Business Park (B-2) zone is to ensure that businesses with high employment levels are prioritized within these areas. General office is a permitted use within the 107U regulation and the proposed use does not fall under the list of prohibited uses noted in 107U. The proposed health office/clinics would employ a number of medical professionals, as well as other administrative staff. Staff considers the use of a portion of the existing building as health office/clinics to contribute to more overall employment on site and therefore it meets the general intent of the Zoning By-law. Health clinic and health office use is listed within the range of permitted uses within the Official Plan designation for the subject property. As health office/clinics is a permitted use in the Official Plan, the addition of this use through a variance would implement the Official Plan policy. 3. The proposed variance is considered desirable and appropriate for the development and use of the lands. Staff considers the use of the vacant space for health office/clinic use to be desirable and appropriate for the existing property. The proposed use will be subordinate occupying only 13 percent of the total floor area of the building. 4. The variance is considered minor. The use will be occupying internal vacant floor space of the existing building; therefore no expansion of the building is necessary. No parking issues are expected, as there is a surplus of parking above and beyond the minimum required by the by- law, and the addition of this use would implement the Official Plan policy and provide a complementary use in this area. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed interior alterations and possible change of use is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That application A2019-003 requesting permission for an existing office building to have 315 square metres for health clinic or health office use whereas the By-law does not list "health clinic" or "health office" use, be approved. Brian Bateman, MCIP , RPP Senior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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. REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: REPORT i www. kitchener.ce Committee of Adjustment January 15, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 Ext. 7157 Lisa Thompson, Planning Technician 519-741-2200 Ext. 7847 1 January 4, 2019 DSD -19-014 A2019-004 — 54 Bridge Street West Applicant — Martin Knowles Approve OnPoint Image — 54 Bridge Street West Planning Comments: City Planning staff conducted a site inspection of the property on January 3, 2019. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance The subject property is located on the north side of Bridge Street West near the intersection of Woolwich Street and is presently vacant. The Official Plan designates the property as Low Rise Residential and the property is zoned Residential Six (R-6) in By-law 85-1. The applicant has received Site Plan Approval in Principle for a 30 unit multiple dwelling consisting of five 6 -unit buildings subject to approval of the required minor variances. Development on the site is challenging due to the irregular shape of the property and the significant slope of the site. There is approximately 8.0 metres +/- of grade differential across the site from west to east which has contributed to the need for minor variances to support the proposed development. v RL OCK b 3_0C C 11 4 3LOC ti 'i A a.� s m A ww � si'N srxrisnGs t in I k J0 4 Jb 21.4) F3, CC f s; y 3LK .m�d ,�.. ,d9 A5 A MWLT4f'E ICLNTIA WI A.i.f Y hN-tifeNkb PLAN SITE PLAN APPLICATION No. SP1$/08EfI31T SITE PLAN 9 9� PART OF LCAT 58. GFRMAN CUMI'MY TRAU PLAN 58R -1714C MARA!NNINCOMES SCNF1:140 pity of Kitchener cr,©Fue, 54 BRIDGE STREET WEST ae 19q SrweP oipiwi L.A, t: DECEMBER N. 2Cr8 f7lwu^!L(>pMl^N19f:kiVlCkL;7 JLFAla1Mf N[' b I Iwt,l]WG Proposed Site Plan Through the site plan review process, three minor variances were identified in order to facilitate the proposed residential development: 1. Relief from Section 40.2.6 to allow a maximum building height of 13.8 metres rather than the required 10.5 metres; 2. Relief from Section 40.2.6 to allow a Floor Space Ratio of 0.65 rather than 0.60; and 3. Relief from Section 6.1.2 to allow parking to be provided at the rate of 1.57 spaces per unit rather than the required 1.75 for a total of 47 parking spaces rather than the required 53 spaces. The modest increase in building height is due to the grade of the site and how building height is calculated. The R-6 zoning allows a maximum building height of 10.5 metres and the definition of building height stipulates that "...the vertical distance between the lowest finished grade and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance the uppermost point of the building shall not exceed 110% of the maximum building height in the applicable zone...", meaning the buildings can have a maximum height of 11.55 metres (10.5 metres + 10%). In order to minimize the building height, the buildings have been incorporated into the slope of the site as much as possible, however the height of 13.8 metres will still exceed the 11.55 metres permitted. The variance requested for an increase in floor space ratio is also contributable to the slope of the site. The basement area of the buildings will be partially above grade and therefore is totally included in the floor space ratio calculation resulting in a very minimal increase to 0.65 from the permitted maximum of 0.6. The reduction in parking to provide 1.57 spaces per unit is being requested in order that a large outdoor amenity area be preserved at the rear of the site, rather than additional asphalt area with significant retaining walls for parking. The reduced parking requirement will still provide parking for each unit as well as visitor and barrier free parking spaces on the site. Additionally, the proposed 1.57 spaces per unit is significantly greater than the 1.1 spaces per unit being proposed in the first draft of the City's new zoning by-law. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variances meet the general intent of the Official Plan for the following reason. The Low Rise Residential designation of the property supports the low rise multiple dwelling use on the site. The variances meet the general intent of the Zoning By-law for the following reasons. The Residential Six (R-6) zoning of the property stipulates a maximum building height of 10.5 metres and floor space ratio of 0.60 to ensure buildings are of a "low rise" nature. The minimal increase in building height and floor space ratio will visually maintain the appearance of a low rise residential development and will fit into the site and surrounding area without impacting any abutting properties. The requested parking reduction provides each unit at least one parking space and the appropriate number of visitor and barrier free parking spaces on the site. The variances are minor for the following reasons. The overall building height will maintain a low rise appearance on the site and the modest increase in floor space ratio will not be visually noticeable. There will be an adequate number of parking spaces provided on the site for both residents and visitors. The variances are appropriate for the development and use of the land for the following reasons. Both the City's Official Plan and Zoning By-law permit the use of the property for a multiple dwelling. The scale of the proposed development is suited to the site and will provide the residents all of the necessary requirements on site including a large outdoor amenity area, resident and visitor parking and a high level of urban design. Based on the foregoing, Planning staff recommends that the application be approved subject to the condition outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permits for the proposed stacked townhouses are obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance Transportation Services Comments: Based on the City of Kitchener's future parking requirements, this site is exceeding that future requirement by 14 parking spaces. It is Transportation Services opinion that, there will be adequate parking supplied on-site. Engineering Comments: No concerns. Heritage Comments: Heritage Planning staff notes that the property municipally addressed as 54 Bridge Street West is adjacent to 40 Bridge Street West and 49 Woolwich Street which are listed properties on the Municipal Heritage Register. However, Heritage Planning staff have no concerns with the proposed variances. The City's Official Plan regulations only allow for a Heritage Impact Assessment requirement on a site adjacent to "protected heritage property", i.e. "designated" not "listed" property. RECOMMENDATION That application A2019-004 requesting relief from Section 40.2.6 of By-law 85-1 to allow a maximum building height of 13.8 metres rather than the required 10.5 metres and a Floor Space Ratio of 0.65 rather than 0.60; and relief from Section 6.1.2 to allow parking to be provided at the rate of 1.57 spaces per unit rather than the required 1.75 for a total of 47 parking spaces rather than the required 53 spaces, be approved subject to the following condition: 1. The owner shall receive final approval of Site Plan Application SP18/086/B/LT. Lisa Thomspon, CPT Planning Technician Juliane von Westerholt, BES, MCIP, RPP Senior Planner *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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. Holly Dyson From: Danielle Ingram <Danielle.ingram@waterloo.ca> Sent: 10 January, 2019 9:38 AM To: Holly Dyson Cc: Joel Cotter Subject: RE: A-2019-004 54 Bridge St W, Kitchener Thank you, Holly. The City does has some comments as follows: The City of Waterloo would like to request a deferral of this application pending further analysis and conversations between the City of Kitchener and the City of Waterloo. The City of Waterloo anticipated a low rise townhouse development, similar to what is in existence on Woolwich St, and has concerns with land use compatibility between this proposal and the low rise residential character of the surrounding properties. The variance from the maximum permitted height of 10.5m to the requested 10,8-13.5m is of particular interest. The site plan provided shows a 3m separation from the sunken patios and private amenities areas to the northerly property boundary shared with the low density properties within the City of Waterloo, which would not provide sufficient space for any substantial landscape buffer. The City of Waterloo requests a copy of the decision be forwarded upon availability. Thank you, Danielle Ingram Planning Approvals I Integrated Planning & Public Works I City of Waterloo IIIIIIIIIIh 101111101 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIE 100 REGINA ST. S. I PO Box 337, STN WATERLOO WATERLOO, ON, N2J 4A8 P: 519.747.8773 1 F: 519.747.8523 1 TTY: 1.886.786.3941 E: daniellevingra @waterloo.ca www.waterloo.ca I www.twitter.comIcitywaterloo www.youtube.co /citywaterloo I www.facebook.co /citywaterloo From: Holly. Dyson@kitchener.ca[ma IIto: Holly. Dyson@kitchener.ca] Sent: Wednesday, January 09, 2019 3:28 PM To: Danielle Ingram Subject: RE: A-2019-004 54 Bridge St W, Kitchener I have to courier the members packages tomorrow with the comments included. If possible, can you get your comments to me no later than 10:00 a.m. tomorrow? Thanks. Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener T T T 4Ulpuuuumm ElI'D Is 1of �� W From: Danielle Ingram <Danielle.Ingram @waterloo.ca> Sent: 09 January, 2019 3:02 PM To: Holly Dyson <Holly.Dyson@kitchener.ca> Cc: Joel Cotter <Joel.Cotter waterloo.ca> Subject: A-2019-004 54 Bridge St W, Kitchener Hi Holly, I just received the notification for this variance package today, and noted that the deadline for submissions was on Monday at noon. I have not yet reviewed it. Is there still an opportunity to submit a response early tomorrow morning? Thank you, Danielle Ingram Planning Approvals I Integrated Planning & Public Works I City of Waterloo 11111111111 110101 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ismI 100 REGINA ST. S. I PO Box 337, STN WATERLOO WATERLOO, ON, N2J 4A8 P: 519.747.8773 1 F: 519.747.8523 1 TTY: 1.886.786.3941 E: danielle.ingra @waterloo.ca www.waterloo.ca I www.twitter.comIcitywaterloo wwweyoutube.corn citywaterloo I www.facebook.co /citywaterloo IMPORTANT NOTICE: This communication (including attachments) is intended solely for the named addressee(s) and may contain information that is privileged, confidential and exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IMPORTANT NOTICE: This communication (including attachments) is intended solely for the named addressee(s) and may contain information that is privileged, confidential and exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. ISM ] U1X"rR ww kitchen rca REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519- 741-2200 ext. 7110 WARD: 10 DATE OF REPORT: January 4, 2019 REPORT #: DSD -19-015 SUBJECT: A2019-005 — 362 Edwin Street Applicant — Kirk Van Os & Jeraldine Van Os Recommendation: Approve Location Map: 362 Edwin Street REPORT Planning Comments: The subject property located at 362 Edwin Street is zoned Residential Six (R-6) with Special Use Provision 360U in Zoning By-law 85-1 and designated Low Rise Residential in the City's 1994 and 2014 Official Plan. The applicant would like to obtain a building permit to legalize an existing 4 -unit multiple dwelling which received Planning approval in 2009, and is requesting relief from Section 6.7.1 of the Zoning By-law to allow for 0 barrier -free parking spaces to be provided, whereas the By-law requires 1 barrier -free space for a 4 -unit multiple dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Background In 2009, Planning granted site plan approval to convert a 3 -unit multiple dwelling to a 4 -unit multiple dwelling on the subject property. Per the Zoning By-law regulations in effect at the time, the approved plan provided 4 interior parking spaces, one for each of the 4 units. The parking spaces are provided within 2 double -wide garages at the rear portion of the building. Special Use Provision 360U allows interior parking spaces to be 2.75 metres in width, whereas the Zoning By-law typically requires interior parking spaces to have a minimum width of 3.04 metres. Based on dialogue with the applicant, they purchased the property subsequent to the 2009 site plan approval. It has since come to their attention that a building permit was never obtained to convert the 3 - unit multiple dwelling to a 4 -unit multiple dwelling. As such, the Building Division recognizes the building as a triplex (3 units). The current property owners would like to rectify the situation and apply for a building permit to legalize the 4 -unit multiple dwelling. However, the Zoning By-law has changed since 2009 and a building permit issued to legalize a 4 -unit multiple dwelling must meet current Zoning regulations. In 2013, Zoning By-law 85-1 introduced barrier - free parking space requirements for a range of uses in the City, including a 4 unit -multiple dwelling. By today's standards, a 4 -unit multiple dwelling requires 1 barrier -free parking space. Therefore, in order for the property owner to legalize the 4 -unit multiple dwelling through obtaining a building permit, 1 barrier - free space is required by the Zoning By-law. There is currently no barrier -free parking space on the site. The existing site layout makes it challenging to retrofit to accommodate 1 barrier -free space. Therefore the minor variance route to remove the requirement for 1 barrier -free space was deemed more practical. Simply put, the purpose of this minor variance application is to legalize the 2009 site plan approval which was granted by Planning for a 4 -unit multiple dwelling. There are no substantive changes to the site proposed. A copy of the 2009 Site Plan is attached as Appendix A for Committee's information. 362 Edwin Street City Planning staff conducted a site inspection of the property on December 28, 2018. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. A significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. Urban design policies of the 2014 Official Plan encourage new sites and redevelopment of existing sites to be planned to be barrier -free and universally accessible to all citizens. As will be detailed in test #2, it is justifiable to remove the requirement for a barrier -free parking space; the requested variance is to facilitate the legalization (via a building permit) of an existing 4 -unit multiple dwelling and the existing conditions will not change from what was approved by Planning in 2009. It is the opinion of staff that the variance is appropriate for the low-rise nature of the area, and meets the general intent of the Official Plan. 2. The requested variance to remove the requirement for providing 1 barrier -free space meets the intent of the Zoning By-law. The intent of requiring barrier -free parking spaces for a range of uses in the By-law is to improve accessibility standards across the City. Under the Province's Accessibility for Ontarians with Disabilities Act (2005), Regulation 191/11 (Integrated Accessibility Standards), outlines requirements on the number of barrier -free parking spaces required and specifications as to how they will be designed, among other items. It is this legislation that the City looked to in 2013 when the requirement for providing 1 barrier -free space for a 4 -unit multiple dwelling was added to the Zoning By-law. This legislation provides for exemptions to requiring barrier -free spaces. Specifically, the wording is such that an exemption can be made where `it is not practicable to comply with the requirement because existing physical or site constraints prevent it from meeting the required ratio'. The site layout is shown below. 4.7 metre drive aisle and location of existing 4 interior parking spaces This site is not well-suited for a retrofit to accommodate 1 required barrier -free parking space. The 4.7 metre driveway width and location of existing interior parking spaces would make it challenging for a barrier -free space to be accommodated, particularly when accounting for turnaround space needed to exit the site and the 1.5 metre access aisle requirement of the Zoning By-law for barrier - free spaces. An option was explored to fit a barrier -free space within the existing garage(s). However, Special Use Provision 360U on the property reduces the required width for interior parking spaces and it is not practical to fit a barrier -free space within the garages. This would likely remove 1 of the other parking spaces, resulting in only 3 spaces for the 4 -unit dwelling. As such, it is the opinion of staff that the existing site constraints justify removing the requirement for providing 1 barrier -free parking space. A key factor in staff support for this minor variance is the reality that the 4 -unit multiple dwelling received Planning approval in 2009 and has presumably been operating as such since then, albeit without obtaining a building permit. This recommendation of approval is recognizing an existing condition previously approved by Planning and does not in any way set a precedent for the future removal of the barrier -free parking space requirement. This is a unique scenario, and one where the 2009 site plan approval and site constraints have resulted in a minor variance being the most practical route for the property owner to obtain a building permit for the fourth unit. Obtaining a building permit for the fourth unit is desirable, as this ensures Building and Fire Code requirements are met. As such, it is the opinion of staff that the request to waive the requirement to provide 1 barrier -free parking space meets the general intent of the Zoning By-law. 3. Staff is of the opinion that requested variance is minor as the approval of permitting 0 barrier -free parking spaces, whereas 1 is required, will not cause any significant impacts to the subject property or surrounding neighbourhood. The site will generally continue to operate as it does today. 4. The requested variance is appropriate for the development and use of the land, as the proposal to legalize an existing 4 -unit multiple dwelling is consistent with the low density development of the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance provided a building permit to legalize the existing fourplex is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Based on the approved site plan from 2009, there was no provision for a barrier free parking space, therefore, Transportation Services can support the proposed variance. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-005 requesting relief from Section 6.7.1 of the Zoning By-law to provide 0 barrier -free parking spaces, whereas the By-law requires 1 space to be provided, be approved. Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Technical Assistant Senior Planner 11-1---, --- - . -" " - I — . ....... .. ..... . . . ... . Rl Pj . .... ...... L�Rkl h4,JMGj 17 I.A.,7 g� Vr Lij CIO CD -6 Lij g! Lu I �z g iii - .. . . . .... ..... .... ... -, 4, q EL Zv 0 OL Z LLA en F� � 4;A_) �', CIL 11-1---, --- - . -" " - I — . ....... .. ..... . . . ... . Rl Pj . .... ...... L�Rkl h4,JMGj 17 I.A.,7 g� Lij CIO CD -6 Lij g! Lu I �z g iii G, 4, q EL Zv 0 OL Z LLA 4;A_) CIL 67 7 b I v E 11-1---, --- - . -" " - I — . ....... .. ..... . . . ... . Rl Pj . .... ...... L�Rkl h4,JMGj January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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. ww kitchen r c a REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner— 519-741-2200 ext. 7987 WARD: #4 DATE OF REPORT: January 7, 2019 REPORT #: DSD -19-016 SUBJECT: A2019-006 — 925 Thomas Pedder Court Owner — Activa Holdings Inc. Applicant — MHBC Planning Recommendation: Approve Io 111, �78 1 81 21 "111 00 Location Map: 925 Thomas Pedder Court IN 16..+;=y,. Fiji! oo�i: I ern eSW [:o 54 0 Regional Buffer *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1421 & u ' A 920 925 921 Regional Buffer *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Photo 1 — 925 Thomas Pedder Court (December 20, 2018) Photo 2 —View from New Dundee Road REPORT Planning Comments: The subject property is located at 925 Thomas Pedder Court and is proposed to be developed with a single detached dwelling. The owner is proposing a variance to reduce the rear yard setback from 7.5 metres to 7.0 metres. The rear property line is bounded by a 2.0 metre high noise wall, beyond which is a Regional landscape buffer. Through the development of the subdivision, the noise wall was inadvertently constructed on the subject lands, rather than being wholly located within the Regional buffer as required. To rectify this situation the Regional landscape buffer and maintenance access easement has been widened by 0.8 metres. The resulting minor change in lot depth has affected the planned building envelope for the subject lands and as a result the owner is proposing a rear yard setback of 7.0 metres rather than 7.5 metres. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The subject lands are designated Low Rise Residential in the City's Official Plan which permits the proposed single detached dwelling. The minor change to the rear yard setback maintains the general intent of the Official Plan. The subject lands are zoned Residential Four Zone (R-4), 669R, 448U. The proposed single detached dwelling is permitted. The intent of the 7.5 metre rear yard setback is to ensure appropriate private amenity space for residents and to ensure appropriate separation from rear yard property owners. The subject lot is pie shaped with a rear lot width greater than 40 metres. As shown on the variance sketch, the design of the rear wall of the building is irregular and there are only two instances where points of the rear wall is located closer than 7.5 metres to the rear lot line. Staff is of the opinion that there is sufficient private amenity space for future residents. The subject property backs onto a Regional landscape buffer and New Dundee Road and there are no rear yard neighbours. The rear yard setback and Regional buffer will provide at least 15 metres separation between the building and the New Dundee Road property line (staff notes that a 12.0 metre separation is generally considered appropriate for homes backing onto an arterial road). Further, there is a grade change and noise wall which physically separate the subject lot from New Dundee Road as well. In accordance with the foregoing, staff is of the opinion that the general intent of the by-law is maintained, and that the variance is minor and appropriate for the development and use of the lands. Heritage Planning Comments: Heritage Planning staff notes that a portion of the property municipally addressed as 925 Thomas Pedder Court is adjacent to 508 New Dundee Road which is a designated property under Part IV of the Ontario Heritage Act. However, based on the nature of the application, there are no heritage planning concerns. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed addition is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the subject application. Engineering Comments: Engineering has no concerns with the subject application. RECOMMENDATION That application A2019-006 to permit a rear yard setback of 7.0 metres rather than 7.5 metres be approved. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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. ISM ] U1x"rR ww kitchen r c a REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519- 741-2200 ext. 7110 WARD: 5 DATE OF REPORT: January 4, 2019 REPORT #: DSD -19-017 SUBJECT: A2019-007 — 35 Trillium Drive Applicant — Marc Steiniger Recommendation: Approve with Conditions Location Map: 35 Trillium Drive REPORT Planning Comments: The subject property located at 35 Trillium Drive is zoned Restricted Business Park Zone (B-2) with Special Regulation Provision 1 R in Zoning By-law 85-1 and designated Business Park in the City's 1994 and 2014 Official Plan. As portions of the 2014 Official Plan are under appeal with respect to the Business Park Employment land use designation policies, staff will defer to the Business Park policies of the 1994 Official Plan for guidance on this application. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is proposing to locate a fitness centre use, classified as Commercial Recreation in Zoning By-law 85-1, in a unit within the building on the subject lot, whereas the B-2 zoning on the subject lot does not allow Commercial Recreation. 35 Trillium Drive City Planning staff conducted a site inspection of the property on December 28, 2018. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. In the 1994 Official Plan, the subject property is designated Business Park. The Business Park districts cater to the needs of technical and/or scientific businesses such as computer, electronic, data processing, and research and development firms. The implementing policies of the Business Park land use designation allows for some flexibility to permit commercial uses such as a fitness centre, subject to additional criteria. Specifically, the designation provides for `additional office, commercial and services uses not permitted in other industrial areas and concentrate these at planned locations'. It is the opinion of staff that the proposed fitness centre (Commercial Recreation) use falls within these uses considered. The 1994 Official Plan does not speak directly to where `planned locations' will be, however, the policies guide `a range of commercial and support operations which serve the needs of the industrial community' to intersections of Primary, Secondary or Trunk Roads. The subject property is located at an intersection along Huron Road, which is classified as a Secondary Arterial Road in the 1994 Official Plan, thus helping satisfy the locational criteria. Contributing to staff support is the reality that this building will continue to consist primarily of other uses permitted in the existing B-2 zoning and that a fitness centre could be complementary to these uses. Staff will be recommending a restriction on the size of the otherwise not -permitted fitness centre (Commercial Recreation) use to help ensure this. Based on the above, the requested variance will not significantly alter the business park employment character of the area, and meets the general intent of the Official Plan. It is worth noting that, although the 2014 Official Plan policies for this property are not yet all in effect, the policies for this property in the 2014 Official Plan would allow for `Fitness Centre' to be a permitted use, subject to additional restrictions. When the 2014 Official Plan is implemented through the City's Comprehensive Review of the Zoning By-law (CRoZBy) project, it is probable that this variance will become redundant as Fitness Centre could be permitted as -of -right. 2. The requested variance to permit a fitness centre (Commercial Recreation) meets the general intent of the Zoning By-law. The intent of the B-2 zoning and range of permitted uses on the subject property is to implement the 1994 Official Plan's Business Park policies. As outlined in test #1 above, there is flexibility within the business park employment policies to permit the proposed use. As such, it is reasonable to suggest that the intent of the B-2 zoning is met by permitting Commercial Recreation as an additional permitted use for this property. 3. Staff is of the opinion that requested variance is minor as the approval of adding a Commercial Recreation use to the subject property will not alter the industrial character of the area and could contribute to supporting surrounding employment uses. 4. The requested variance is appropriate for the development and use of the land, as the proposed use is complementary to the industrial/employment character of the area. Based on the foregoing, Planning staff recommends that this application be approved with conditions. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the interior alterations to create a fitness centre is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: Heritage Planning staff note that the property municipally addressed as 35 Trillium Drive is adjacent to the Huron Road Cultural Heritage Landscape (CHL). However, there are no heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-007 requesting relief from Section 24.1 of the Zoning By-law to permit a Commercial Recreation (fitness centre) use, whereas the Zoning By-law does not permit Commercial Recreation, be approved subject to the following conditions: 1. That a Zoning (Occupancy) Certificate be obtained for a Commercial Recreation (fitness centre) use by December 1, 2019; and, 2. That the maximum size of the Commercial Recreation use on the subject property be 300 square metres. Richard Kelly-Ruetz, BES Technical Assistant Juliane von Westerholt, BES, MCIP, RPP Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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. ww kitchen rca REPORT TO: Committee of Adjustment DATE OF MEETING: January 15', 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner— 519-741-2200 ext. 7843 WARD: 8 DATE OF REPORT: January 7th, 2019 REPORT #: DSD -19-018 SUBJECT: A2019-008 — 242 Ingleside Place Applicant —William Cody Willems Recommendation: Approve Location Map: 242 Ingleside Place REPORT Planning Comments: The subject property located at 242 Ingleside Place is zoned Residential Four Zone (R-4) in the Zoning By-law 85-1. The property is designated Low Rise Residential in the 1994 Official Plan. Staff conducted a site inspection of the property on January 7th, 2019. The applicant is requesting permission to legalize a duplex dwelling unit within a semi-detached dwelling whereas the By-law does not permit semi-detached duplex dwellings in the R-4 zone. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. View of Existing Dwelling (January 7, 2019) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Residential in the 1994 Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. Staff is satisfied the minor addition of a unit will maintain the low density character of the property and surrounding neighbourhood. Therefore, the requested variance meets the general intent of the Official Plan. 2. The requested variance meets the general intent of the Zoning By-law. In 2013, the City initiated a city-wide zone change amendment to reduce the number of zones which permit the semi-detached duplex dwelling use as -of -right. As a result of this zone change, this use is only permitted in the Residential Six (R-6) and Residential Seven (R-7) zones. The by-law was subsequently appealed and later approved, as amended, by the Ontario Municipal Board on August 6, 2014. The intent of this zone change was to restrict the location of semi- detached duplex dwellings throughout the city and allow the City to have greater control over where they are developed. The property subject to this application is located within an existing low rise residential neighbourhood with development ranging from existing semi-detached dwellings on Ingleside Place to a 2.5 storey multiple dwelling to the east of the subject lands. Staff is satisfied that the proposed use represents a form of infill development that is appropriate for the subject property and surrounding neighbourhood. As such, staff is satisfied the requested variance to add the semi-detached duplex dwelling use meets the intent of the Zoning By-law. 3. The proposed variance is considered desirable and appropriate for the development and use of the lands. The semi-detached duplex dwelling represents an existing situation that has been in place for a number of years with no issues, therefore Staff consider it to be desirable and appropriate. 4. The variance is considered minor. Staff believes that the addition of one dwelling unit to the existing neighbourhood will have minor impacts. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to legalize the duplex and is currently under review. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns due to nature of application. RECOMMENDATION That application A2019-008 requesting permission to convert an existing semi-detached dwelling into a duplex whereas the By-law does not permit duplexing semi-detached dwellings be approved. Eric Schneider, BES Junior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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. ww kitchen r c a REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Jenna Daum — Technical Assistant - 519-741-2200 ext.7760 WARD: DATE OF REPORT: REPORT #: SUBJECT: 6 January 7t", 2019 DSD -19-019 A 2019-009 — 63 Pinedale Drive Owner — Sheldon Foley Approve Without Conditions Location Map: 63 Pinedale Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 63 Pinedale Drive is zoned Residential Four (R-4) Zoning By-law 85-1 and is designated Low Rise Residential in the City's 1994 and 2014 Official Plan. City Planning staff conducted a site inspection of the property on January 6th 2019. The property contains an existing Single Detached Dwelling which is proposed to be converted into a Duplex. To accommodate the proposed duplex, the owner is requesting relief from Section 6.1.1.1 b) i) to locate the first off-street parking space at a distance of 3.64 metres from the street line, whereas 6.0 metres is required. The second space will be located on the existing driveway, and meets the minimum size requirements. View from Pinedale Drive Considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: 1. The subject property is designated Low Rise Residential in the City's Official Plan. The proposed variance meets the general intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change will maintain the low density character of the property and surrounding neighbourhood. The proposed variance meets the general intent of the designation. 2. The requested variance to legalize the 3.64 metres off-street parking space setback from the street line, whereas 6.0 metres is required, meets the general intent of the Zoning By-law. The intent of the 6.0 metres required setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way and surrounding properties. It is the opinion of both Planning and Transportation staff that the 2.36 metres reduction in the parking setback is minor and will not affect the City right-of-way or neighbouring properties. As such, Staff is satisfied the variance meets the general intent of the Zoning By-law. 3. The variance can be considered minor as a 2.36 metres reduction in the parking space setback will not present any significant impacts to adjacent properties and the safety of the overall neighbourhood has not been compromised. 4. The proposed variance is appropriate for the development and use of the land. No negative impacts are anticipated as a result of the variance. The proposed setback for the driveway will continue to provide a safe ingress and egress to the property without impacting the intersection. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to legalize the duplex and is currently under review. Transportation Services Comments: Transportation Services would support a 2.36 metre reduction from the required 6.0 metre parking setback to provide a 3.64 metre parking setback. Engineering Comments: No concerns with the proposed variance. Heritage Planning Comments: No concerns with the proposed variance. Environmental Planning Comments: No concerns with the proposed variance. RECOMMENDATION: That application A 2019-009 requesting relief from Section 6.1.1.1 b) i) to locate the off-street parking space at a distance of 3.64 metres from the street line, whereas 6.0 metres is required, shall be approved. Jenna Daum Juliane von Westerholt, BES, MCIP, RPP Technical Assistant (Planning and Zoning) Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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. ww kitchen r c a REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 9 DATE OF REPORT: January 4, 2019 REPORT #: DSD -19-020 SUBJECT: A2019-010 — 150 Mill Street Applicants — Janelle Hale Approved with Conditions Location Map: 150 Mill Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 150 Mill Street is zoned Residential Five (R-5), and designated Low Rise Conservation in the Mill Courtland Woodside Park Neighbourhood Secondary Plan of the City Official Plan. The applicant is requesting relief from Section 39.2.4 of the Zoning By-law to facilitate a conversion to a triplex through the following: a) To contain a multiple dwelling with a lot width of 14.9 metres rather than the required 15 metres; b) A side yard setback of 2.9 metres where a driveway leading to a required parking space is situated between the dwelling and the side lot line rather than the required 3.0 metres; c) An expansion of 95% of the ground floor of the existing building's ground floor area as of May 1, 2006, whereas 25% is permitted. City Planning staff conducted a site inspection of the property on December 27, 2018. 150 Mill Street In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. The subject property is designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan. The intent of this designation is to retain the existing low rise, low density residential character of the neighbourhood while allowing a slight density increase by permitting conversion or redevelopment to a maximum of three dwelling units. Furthermore, any new additions shall be appropriate in massing and scale and are compatible with the built form a character of the neighbourhood. The proposed variances will permit the creation of a multiple dwelling with three units which complies with the policies of this designation. The existing structure will remain and the addition will be contained to the rear of the property. Staff is in support of the application as it is compatible with the established neighbourhood. Based on the foregoing staff is of the opinion that the general intent of the Official Plan is maintained. 2. The requested minor variances for a lot width of 14.9 metres rather than the required 15 metres, a side yard setback of 2.9 metres rather than the required 3.0 metres, and a ground floor expansion of 95% rather than the permitted 25%, all meet the general intent of the Zoning By-law. The requests for the lot width and side yard variances all recognize an existing situation. The expansion of the gross floor area to 95% can be considered minor as the existing structure is quite small in comparison with the lot size. By allowing for an increase of 95% rather than the permitted 25% the result would allow for an addition to the building that is an appropriate size to have two additional dwelling units. It is also noted that the addition to the structure will all be at the rear of the property with the existing dwelling remaining. Staff is of the opinion that the conversion to a multiple dwelling with three units will not adversely affect the functionality of the surrounding neighbourhood, and meets the general intent of the Zoning By-law. 3. Staff is of the opinion that requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed multiple dwelling will not change the appearance of the existing dwelling from the street view as the addition to the structure will all be at the rear of the property, and will provide a new housing form at a scale and density that is appropriate for the context of the existing neighbourhood. 4. The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit is obtained for the addition and change of use to a triplex. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning staff notes that the property municipally addressed as 150 Mill Street is adjacent to the Canadian National Railway Line Cultural Heritage Landscape (CHL). However, there are no heritage planning concerns. RECOMMENDATION That minor variance application A2019-010 requesting relief from Section 39.2.4 to permit a multiple dwelling with three units with a lot width of 14.9 metres rather than the required 15 metres; a side yard setback of 2.9 metres rather than the required 3.0 metres; an expansion of 95% of the ground floor area rather whereas an expansion of 25% is permitted, be approved subject to the following conditions: 1. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 3. That all conditions shall be completed prior to September 30th, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Staff Repod K I' 1i I [FN1 JR, Development Services Departi-hent wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Craig Dumart, Junior Planner- 519-741-2200 ext. 7073 WARD: 9 DATE OF REPORT: January 7, 2019 REPORT # DSD -19-021 SUBJECT: Application #: A2019-011, 270 Spadina Road East Applicant: MHBC Planning Recommendation to Approve with Conditions Location map: 270 Spadina Road East REPORT Planning Comments: The subject property is zoned Residential Eight Zone (R-8) with Special Regulation Provision 738R and is designated as Medium Rise Residential in the City of Kitchener's Official Plan. The owner is developing a multiple dwelling development consisting of 193 dwelling units and is proposing to vary the parking rate to facilitate the phasing of their multiple dwelling development. The owner is seeking relief from Section 6.1.2 a) to provide parking at a rate of 0.29 spaces for the first 103 residential units (30 required spaces, first phase, 103 units) and 1.42 spaces per residential unit thereafter (128 required spaces, second phase, 90 units) whereas Section 6.1.2 a) requires 158 parking spaces for the full building of the development. Additionally, the owner is requesting relief from Special Regulation 738R to provide 0 percent visitor parking spaces for the first 103 residential units (first phase) and 12 percent visitor parking spaces per residential unit thereafter (16 visitor spaces second phase) whereas Special Regulation 738R requires 10 percent visitor parking spaces for the full development. The final build out of the site will provide 167 parking spaces whereas 158 are required and include 16 visitor spaces parking spaces (10%) and 6 barrier free parking spaces. Construction of the development is planned over two phases. The first phase consists of 103 dwelling units which will contain 30 parking spaces, while the second phase will include 90 units and 128 parking spaces including 16 visitor spaces. The parking for the site is located both below grade and within the proposed parking structure. Since Phase 1 would only result in the partial construction of the development, only a portion of the total required parking would be constructed until Phase 2 is completed. The applicant wishes to phase the development and have Phase 1 occupied prior to the completion of Phase 2. The current regulations of the zone create an implementation challenge, as it does not factor the phasing into the overall development into the equation. That said, the total number of required parking spaces at full build out will remain unchanged. Staff conducted a site visit on December 13, 2018 Subject Lands at 270 Spadina Road East In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: The subject property is designated Medium Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. A significant number of Medium Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Medium Rise Residential Policies 3.1.3.1 and 3.1.3.2 from the 1994 Official Plan which allow for medium density forms of housing such as multiple residential dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is planning staffs opinion that the proposed variances meet the general intent of the Official Plan which encourages a range of different forms of housing to achieve a medium density neighbourhood. The proposed variances will alter the way in which spaces are calculated or allocated based on a "per unit ratio" rather than defining a total number of parking spaces for the entire site. The requested variances are appropriate, as the proposed parking rate will not create unacceptably adverse impacts on adjacent properties. 2. The requested variances meet the intent of the Zoning By-law and can be considered minor. The intent of the Zoning By-law parking regulations are to ensure there is sufficient parking for residents. Currently there are 158 parking spaces (including 16 visitor spaces) required for the entire development which includes 193 residential units. The applicant is proposing that instead of using the fixed number, that parking is provided at a rate of 0.29 spaces for the first 103 residential units (30 required spaces, first phase, 103 units) and 1.42 spaces per residential unit thereafter (128 required spaces, second phase, 90 units). This will result in 158 spaces when both phases are constructed, as was originally required by the by-law. Additionally, the applicant is proposing to provide 0 percent visitor parking spaces for the first 103 residential units (first phase) and 12 percent visitor parking spaces per residential unit thereafter (16 visitor spaces second phase) whereas Special Regulation 738R requires 10 percent visitor parking spaces for the full development. This approach would allow each phase to meet parking requirements, as they are completed. It is therefore staff's opinion that the requested variances are appropriate and meet the intent of the zoning, as it continues to provide for sufficient parking for the site and does not result in a reduction in the total number of parking spaces. 3. Planning Staff is of the opinion that the variance requested is desirable, as there is no impact on the future users of the building or the neighbourhood, as the overall intended number of parking spaces remains unchanged. It is staff's further opinion that this approach to calculation of parking spaces is appropriate and the variance proposed is desirable as it allows for the implementation of the phasing of the development and some flexibility during construction. This approach, if applied, will continue to ensure that sufficient parking is provided for each phase of development. The allocation of parking spaces allows for the registration of a plan of condominium for the first phase prior to the completion of the construction of balance of the development. It is also noted that Transportation Services is in support of the proposed parking variance. 4. The proposed variances are appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. As noted above, there would be no impact on the overall parking to be provided for this development once fully constructed and is therefore minor. Heritage Comments: Heritage Planning staff has no concerns with the proposed variance. Environmental Planning Comments: Tree Management will be addressed through SP16/119/S/GS. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Services Comments: No concerns. RECOMMENDATION That application A2019-011 requesting relief from Section 6.1.2 a) to provide parking at a rate of 0.29 spaces for the first 103 residential units (30 required spaces, first phase, 103 units) and 1.42 spaces per residential unit thereafter (128 required spaces, second phase, 90 units) whereas Section 6.1.2 a) requires 158 parking spaces for the full building of the development and relief from Special Regulation 738R to provide 0 percent visitor parking spaces for the first 103 residential units (first phase) and 12 percent visitor parking spaces per residential unit thereafter (16 visitor spaces second phase) whereas Special Regulation 738R requires 10 percent visitor parking spaces for the full development, be approved subject to the following condition: 1. That the Owner shall provide a letter of undertaking that the new home purchasers or tenants will be advised in Offers of Purchase and Sale or Rental Agreements that limited parking will be available until the full build out of the development is completed to the satisfaction of the Director of Transportation Services and Director of Planning. Craig Dumart, BES, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. ,staff Repwrt KI Community Services Department www.kitche Terra REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 10 DATE OF REPORT: January 7, 2019 REPORT #: DSD -19-022 SUBJECT: A 2019-012 — 50 Moore Avenue Owners — Catherine DeBrabandere and David van Shaik Approval with Conditions REPORT Planning Comments: The property is zoned Residential Five (R-5) with Special Provision 129U in By-law 85-1 and is designated as Low Rise Residential in the 2014 Official Plan. Staff visited the site on January 7, 2019. The owner is requesting to legalize an existing duplex to have one parking space instead of the required two spaces and for the parking space to be located 0 metres from the front lot line rather than the required 6 metres setback. It is noted that the duplex use may have existed prior to 1962 when there was no minimum parking space requirement. However, there are no City records indicating it was a legally established use, nor if it has been consistently occupied as a duplex since that time. This variance would legalize the parking for a duplex use which is a permitted use in the Zoning By-law. Photo 1: 50 Moore Avenue In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The proposed variances meet the general intent of the Official Plan. The subject property is designated as Low Rise Residential in the of the City's 1994 and 2014 Official Plans. A significant number of policies from the 2014 Official Plan are under appeal and therefore are not being solely relied upon for this report. Instead, the Low Rise Residential policy from the 1994 Official Plan is being reviewed for compliance. The proposed variances meet the intent of the designation, which encourages a full range of housing types to achieve a low density neighbourhood. The requested variances to permit parking for a duplex use are appropriate for the area and continue to maintain the low-density character of the property and surrounding neighbourhood. The proposed variances meet the general intent of the Zoning By-law and can be considered minor. As there is not sufficient setback at the side of the house to develop a driveway/parking space, the request for creating one legal space in front of the dwelling and to have it located less than 6 metres from the front lot line is considered appropriate for the property and for the streetscape. The existing parking area encroaches onto City land and the total depth of the driveway/parking space is 6 metres when the encroachment is taken into consideration. This distance is sufficient to accommodate a standard residential vehicle without overhanging onto the sidewalk. The proposed parking variances are appropriate for the development of the property and streetscape. As this is an older area, other properties in the neighbourhood have driveways with widenings that are located up to the property line and therefore have parking adjacent to the front lot line. It is noted that the parking area as shown in Photo 1 has existed since prior to 2003 (from the earliest available aerial photo) and the porch appears to have been modified at some time in the past to accommodate the existing parking area. The requested variance is appropriate for the subject property and surrounding streetscape and staff have no concerns with this request. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions noted in the Recommendation section below. Building Comments: The Building Division has no objections to the proposed variance provided a building permit is obtained to legalize the existing duplex. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Being that this is an existing condition, Transportation Services can support the proposed application. Prospective tenants will have to be notified that there is only one parking space on-site. Engineering Comments: No concerns. Heritage Planning Comments: Heritage Planning staff notes that the property municipally addressed as 50 Moore Avenue is adjacent to 58 Louisa Street which is a listed property on the Municipal Heritage Register, however Heritage Planning staff has no concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 50 Moore Avenue is advised that the property is located within the Mt. Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No concerns due to nature of the application. RECOMMENDATION: That application A 2019-012 requesting to legalize an existing duplex to have one parking space instead of the required two spaces; for the parking space to be located 0 metre from the front lot line rather than the required 6 metres setback be approved subject to the following conditions: 1) That an encroachment agreement be obtained for the parking space from the Legal Division; 2) That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands agreeing to include a provision in all rental or lease agreements for the dwelling units advising all tenants that there is only one parking space provided on site; 3) That a building permit for the duplex use be submitted to the Building Division; and, 4) That conditions 1 to 3 noted above be completed by August 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Staff Repoif 1 nCRFNIA Development Services Department wwwkitchener.ce REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 2 DATE OF REPORT: January 9, 2019 REPORT NUMBER: DSD-19-023 SUBJECT: Application B2019-001 427 Old Chicopee Trail Owner/Applicant — Maria Kyveris & Greg McNally Approve with Conditions Subject Property: 427 Old Chicopee Trail Background: 1 Kn-CRFNIA wwwkitchener.ca On December 11, 2017, the Committee of Adjustment approved severance application B2017- 048 for 427 Old Chicopee Trail to sever a parcel of land having a width of 21.95m, a depth of 43.4m and an area of 928.84 sq.m. That application has been fully approved, creating the parcel now municipally addressed as 441 Old Chicopee Trail. A single detached dwelling is now under construction on the newly created lot. Report: The current application proposes to further sever 427 Old Chicopee Trail into two lots, each having frontage and access onto Old Chicopee Trail. The existing single detached dwelling is proposed to be removed, and two new single detached dwellings are proposed, one for the retained and severed portions. The existing property has a lot width of 43.62 metres (143.11 feet). The application proposes to sever the lot roughly in half. The retained lands are proposed to have a lot width of 21.81 metres, a lot depth of 42.76 metres, and a lot area of 909.20 square metres. The severed lot is proposed to have a lot width of 21.81 metres, a lot depth of 43.07 metres and a lot area of 915.83 square metres. A site inspection as conducted on January 3, 2018. Existing Single Detached Dwelling — 427 Old Chicopee Trail (multiple front views) Planning Comments: The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as Residential Three (R-3) in the Zoning By-law. 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, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is appropriate. Low Rise Residential and Housing objectives and policies that are in effect were considered for this application. The Official Plan supports an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our 1 Kn-CRFNIA wwwkitchener.ca community through all stages of life. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Low Rise Residential Districts shall accommodate a full range of housing types. In these districts the City favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The severed and retained lots are proposed to each be developed with a single detached dwelling, a permitted residential use. The severed and retained lots comply with the regulations of the Residential Three (R-3) zone and is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The proposed lots and proposed land use is compatible with the existing surrounding community. A Demolition Control Exemption approval will be required prior to the issuance of a Building Permit for new construction. Based on the foregoing, Planning staff recommends that Consent Application B2019-001 requesting to sever the existing property into two lots, subject to the conditions outlined in the Recommendation section of this report. 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. Separate building permits will be required for the demolition of all existing buildings, as well as construction of all new residential buildings. Transportation Comments: As per the City of Kitchener's Official Plan, a road widening is required along Old Chicopee Trail (Daimler Drive to Fairway Road) for the severed portion frontage along Old Chicopee Trail. A reference plan will be required in order to obtain an exact road widening conveyance and any costs will be the responsibility of the Owner. Due to the road widening that is required, the Engineering Department will require a Phase 1 and maybe a Phase 2 Environmental Site Assessment (ESA) for that portion of land that is to be conveyed to the City and any costs will be the responsibility of the Owner. Funds for a future concrete sidewalk shall be provided to the City's Engineering Department for the severed parcel. Heritage Comments: Heritage Planning Staff has reviewed the application and has no concerns. 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 Staff Repoif 1 nCRFNIA Development Services Department wwwkitchener.ce approval. The City's records indicate sanitary, storm and water municipal services are currently available to service this property. Any new driveways are to be built to City of Kitchener standards. All work 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 $10,032.60. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (21.81 m) at a land value of $9,200 per frontage metre. Environmental Planning Comments: The City's standard tree protection condition is required as a condition of approval, for both the severed and retained lands. A Tree Preservation/Enhancement Plan is required for the severed and retained lands in accordance with the City's Tree Management Policy, which must be submitted and approved before any building permit is issued. RECOMMENDATION: That Application B2019-001 proposing to sever a lot with a width of 21.81 metres, a lot depth of 43.07 metres and a lot area of 915.83 square metres, be approved subject to the following conditions: 1. That the Owner shall 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 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. 2. 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. 1 Kn-CRFNIA www.kitchener.ca 3. That the owner convey to the City of Kitchener, without cost and free of encumbrance, an approximately 0.6 metre wide road widening along the severed parcel's entire Old Chicopee Trail frontage, to the satisfaction of the City's Transportation Services. In addition, the owner shall submit a Phase 1 and Phase 2 Environmental Assessment to the satisfaction of the City's Engineering Services for the road widening on the severed portion. 4. That the owner pay to the City of Kitchener a cash -in -lieu contribution for parkland dedication equal to 5% of the value of the lands to be severed. A cash -in -lieu of park land dedication in the amount of $10,032.60 is required. 5. That the owner makes financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections and the removal of redundant services. 6. That the owner makes arrangements financial or otherwise for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 7. That the owner provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 8. 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 for the severed and retained lands. 9. That the Owner provides Engineering staff with confirmation that the basement elevation of the future dwellings can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required 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, at the cost of the Owner. 10. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the owner shall prepare a Tree Preservation/Enhancement Plan for 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 the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. 1 Staff Repoif nCRFNIA Development Services Department wwwkitchener.ce b) 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 and the Director of Parks and Cemeteries. c) That the Owner ensures any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Operations and Planning. That prior to the issuance of any building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Parks and Cemeteries.. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner File No. D20-20/19 KIT January 7, 2019 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener OntaruD N2G U Canada Telephone: 619-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2019-001 through B2019-004 Committee of Adjustment Hearing January 15, 2019 CITY OF KITCHENER B2019-001 427 Old Chicopee Trail Maria Kyveris and Greg McNally The owner/applicant is proposing to sever an existing lot into two new single detached lots. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Archaeological Assessment: Regional Staff acknowledge that a registered archaeological site did at one point extend onto the southwest corner of the subject property, although the site was fully documented as part of the 1987 archaeological assessment for the surrounding development. Document Number: 2899550 Version: 1 Regional Staff will not require further archaeological assessment of the subject property, However, due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. 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. B2019-002 25 Fourth Avenue Lino and Angela Santarossa The owner/applicant proposes to sever 7.315 metres to the south of the existing dwelling. 1.829 metres from the property to the south (31 Fourth Avenue) will be combined to this proposed 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 2019. Regional staff has no objection to the proposed application. Document Number: 2899550 Version: 1 B2019-003 and B2019-004 31 Fourth Avenue Lino and Angela Santarossa The owner/applicant proposes (132019-003) to retain a 1.8 metre wide strip of land. This land will be combined with the proposed severance in B2019-002 to create a new residential lot. The owner/applicant proposes (132019-004) to sever a 9.1 metre wide strip of land for the purpose of creating a new lot. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) per new lot created prior to final approval of the proposed consent. 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 2019. 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, per new lot created. 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: 2899550 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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. r Sraff Repoif KfUll [INFR DevelopmentDepartment www:kitchener:ce REPORT TO: Committee of Adjustment DATE OF MEETING: January 15th, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner— 519-741-2200 ext. 7987 WARD: 3 DATE OF REPORT: January 8th, 2019 REPORT #: DSD -19-024 SUBJECT: B2019-002, B2019-003, B2019-004 & A2019-013 Owner — Lino and Angela Santarossa Applicant — Brandon Flewwelling Approve with Conditions REPORT: 2151 1 Location Map: 25 & 31 Fourth Ave *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Photo: 25 & 31 Fourth Ave (November 19, 2018) The subject lands are located at 25 and 31 Fourth Ave. Each property currently contains a single detached dwelling on a 20.1 metre wide lot. The owner is proposing to sever the subject lands into four lots, as shown on the severance sketch submitted in support of the applications. The applicant is planning to retain the existing house at 25 Fourth Ave on Parcel `A' which is a 12.8 metre wide lot. The existing house at 31 Fourth Ave is proposed to be demolished, and the remainder of the lands are proposed to be divided and consolidated into three future lots, Parcels B, C and D, each having a width of 9.144 metres. Minor variances are also requested for the retained house to legalize the setbacks of the required parking space and existing shed. Planning Analysis Proposed Variances (A2019-013): A) to permit the required parking space to be located 0.0 metres from the street line rather than 6.0 metres. B) to permit a 0.43 metre side yard setback for an existing accessory structure whereas 0.6 metres is required. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The subject lands are designated Low Rise Residential in the City's Official Plan which permits the existing single detached dwelling. While the existing building and parking/driveway locations are not changing, they are required to be legalized as a result of the associated consent application. As the land use is not changing, staff is of the opinion that the proposed variances maintain the general intent of the Official Plan. With respect to variance A) staff offers the following: The subject lands are zoned Residential Four Zone (R-4) which permits the single detached dwelling. Parking regulations require one parking space be provided and that the space be setback 6 metres from the street line. The purpose of this regulation is to ensure that when the space is located within a garage, there is sufficient outdoor driveway space to accommodate a vehicle, and where there is no garage, to provide for a secondary space on-site. The subject dwelling does not have an attached garage and while the driveway extends between the house and the property line, the existing setback is not wide enough to meet the minimum parking stall width of 2.6 metres. Staff acknowledges that today the driveway encroaches onto the neighbouring property, however, as there is no easement of right-of-way for this purpose, should the neighbouring commercial parcel be redeveloped, the driveway width could be limited to the space between the building and the property line. The existing driveway between the building and street is more than 5.2 metres wide, is legal, and provides sufficient space for two on-site parking spaces side-by-side. Staff is satisfied that this arrangement provides an appropriate parking configuration for the single detached dwelling and is of the opinion that the general intent of the by-law is maintained. Staff is of the opinion that the variance is minor and is appropriate for the development and use of the lands as there are no changes to the existing configuration of the driveway or parking. With respect to variance B) staff offers the following. Regulations of the Zoning By-law require that accessory structures be located a minimum distance of 0.6 metres from a property line. The intent of this regulation is to ensure adequate space for maintenance between the accessory structure and the property line. The existing structure is located 0.43 metres from the side lot line and the existing "lean- to" which encroaches on neighbouring lands. The applicant has indicated to staff that the existing lean- to will be removed. Staff is satisfied that the existing 0.43 metre setback will allow sufficient space for maintenance of the shed, and is of the opinion that the general intent of the by-law is maintained. Staff is also of the opinion that the proposed variance is minor and appropriate for the development and use of the lands. Proposed Consent Applications The applicant is proposing to sever the existing properties into four separate lots. The existing dwelling at 25 Fourth Ave is proposed to be retained on future Parcel A having a width of 12.8 metres. The remainder of the lands will form three future lots, each having a width of 9.144 metres, and are proposed to contain future duplex dwellings. The existing dwelling at 31 Fourth Ave is proposed to be demolished. The proposed lot sizes comply with by-law requirements for the proposed duplex dwellings. The Low Rise Residential designation supports a full range of low density housing types including single detached and duplex dwellings. Policies also require that infill development complement existing buildings and contribute to neighbourhood character. Planning Staff recommends conditions requiring a site layout plan and building elevations to ensure that the proposed dwellings are compatible with and sympathetic to the design and character of the surrounding community. In addition, the recently approved RIENS by-law is in effect in this neighbourhood. Staff has advised the applicant that the detailed building design will be required to comply with these regulations, which specify that new buildings must be setback +/- 1 metre of the average setback of neighbouring dwellings, and that attached garages must not project in front of the facade. 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 lots is desirable and appropriate. The uses of lands are in conformity with the City's Official Plan and the proposed lots will comply with the Zoning By-law. The size, dimensions and shapes of the proposed lots are suitable for the use of the lands and future development will be compatible with the neighbourhood. The lands front on a public street, and can be serviced with independent and adequate service connections to municipal services. Planning staff is of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that Consent Applications B2019-002, B2019-003 and B2019-004 be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line and shall addresses such items as spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. 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 lots and a building permit will be required for this work. Separate building permit(s) will also be required for the construction of any new residential buildings. Transportation Comments: Transportation Services has no concerns with the proposed variance or consent applications. 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. It appears that the existing water and sanitary services for 31 Fourth Avenue are situated close to the proposed severance line for "Retained Parcel B" (lands to be added to 25 Fourth Ave severed lot). Any existing or new services for the retained and severed lots must be fully situated within the property to which it is assigned. Any further enquiries in this regard should be directed to Jason Brule (519-741-2200 ext. 7419). Any new driveways are to be built to City of Kitchener standards. All work 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 (Parks) Comments: A cash -in -lieu of park land dedication will be required as two (2) new development lots will be created. The cash -in -lieu dedication required is $8412.48 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (9.144 x 2 lots = 18.288m) at a land value of $9,200 per frontage metre. RECOMMENDATIONS: Minor Variance Application: That application A2019-013 requesting relief from s. 6.1.1.1.b.i of Zoning By-law 85-1 to permit the required parking space to be setback 0.0 metres from the street rather than 6.0 metres; and from s.5.5.2.c of Zoning By-law 85-1 to permit an accessory structure to be setback 0.43 metres from the side lot line rather than 0.6 metres, be approved subject to the existing lean-to structure being removed from the shed. Consent Applications A. That application B2019-002, requesting consent to sever a parcel of land having a width of 12.8 metres from 25 Fourth Ave, 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 PDF and either .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 consent applications B2019-002, B2019-003 and B2019-004 must all be finally approved. The Owner agrees that all the above noted consents must be included on the same reference plan, and that the reference plan and draft transfer must be submitted for approval by the City's Solicitor prior to endorsement of the deeds. 4. That Minor Variance Application A2019-013 receive final approval. 5. That prior to the issuance of a certificate, both 25 & 31 Fourth Ave shall be taken into identical ownership. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 6. a) That the owner shall complete a building code assessment, prepared by a qualified designer, to confirm that the proposed property line and any of the building adjacent to this new property line comply with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. 7. That the owner make financial arrangements to the satisfaction of the City's Director of Engineering for the removal of any redundant service connections and the installation of new ones that may be required to service this property, the installation of boulevard landscaping including street trees, the installation of a paved driveway ramp, and the installation of new curb and gutter, all to City standards. 8. That the owner make arrangements financial or otherwise for the relocation of any existing City - owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 9. That the owner provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of the Engineering Division, showing outlets to the municipal servicing system, together with any required easements. 10. 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. 11. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: "That prior to any demolition, grading, tree removal, or the application for or issuance of a building permit, the owner shall submit the following plans for the newly consolidated lot (Shown as 'Future Lot B" on the severance sketch), to the satisfaction of the City's Director of Planning: a) A plan showing the location of the proposed dwelling and driveway, and elevation drawings, illustrating that the proposed dwelling will be compatible with the neighbourhood in terms of massing, scale and design, and that the plans be approved prior to the issuance of any building permit. b) A Tree Preservation Plan in accordance with the City's Tree Management Policy. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. The plans shall be prepared by qualified consultants c) The owner further agrees to implement the approved plans. No changes to the plans shall be granted except with the prior approval of the City's Director of Planning." B. That application B2019-003, requesting consent to sever a parcel of land having a width of 9.1 metres, from 31 Fourth Ave, 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 PDF and either .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 consent applications B2019-002, B2019-003 and B2019-004 must all be finally approved. The Owner agrees that all the above noted consents must be included on the same reference plan, and that the reference plan and draft transfer must be submitted for approval by the City's Solicitor prior to endorsement of the deeds. 4. That Minor Variance Application A2019-013 receive final approval. 5. That prior to the issuance of a certificate, both 25 & 31 Fourth Ave shall be taken into identical ownership. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 6. That the existing dwelling located at 31 Fourth Ave be demolished. The owner shall secure required approvals for Demolition Control and Demolition Permits as may be required. 7. That the owner make financial arrangements to the satisfaction of the City's Director of Engineering for the removal of any redundant service connections and the installation of new ones that may be required to service this property, the installation of boulevard landscaping including street trees, the installation of a paved driveway ramp, and the installation of new curb and gutter, all to City standards. 8. That the owner make arrangements financial or otherwise for the relocation of any existing City - owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 9. That the owner provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of the Engineering Division, showing outlets to the municipal servicing system, together with any required easements. 10. 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. 11. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $4206.24. Park Dedication is calculated at the residential rate of 5%, for the severed lands only, with a land valuation calculated by the lineal frontage and a land value of $9,200 per metre of frontage. 12. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: "That prior to any demolition, grading, tree removal, or the application for or issuance of a building permit, the owner shall submit the following plans for the newly consolidated lot (Shown as 'Future Lot B" on the severance sketch), to the satisfaction of the City's Director of Planning: a) A plan showing the location of the proposed dwelling and driveway, and elevation drawings, illustrating that the proposed dwelling will be compatible with the neighbourhood in terms of massing, scale and design, and that the plans be approved prior to the issuance of any building permit. b) A Tree Preservation Plan in accordance with the City's Tree Management Policy. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. The plans shall be prepared by qualified consultants. c) The owner further agrees to implement the approved plans. No changes to the plans shall be granted except with the prior approval of the City's Director of Planning." C. That application B2019-004 requesting consent to sever a parcel of land having a width of 9.1 metres, from 31 Fourth Ave, 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 PDF and either .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 consent applications B2019-002, B2019-003 and B2019-004 must all be finally approved. The Owner agrees that all the above noted consents must be included on the same reference plan, and that the reference plan and draft transfer must be submitted for approval by the City's Solicitor prior to endorsement of the deeds. 4. That Minor Variance Application A2019-013 receive final approval. 5. That prior to the issuance of a certificate, both 25 & 31 Fourth Ave shall be taken into identical ownership. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 6. That the existing dwelling located at 31 Fourth Ave be demolished. The owner shall secure required approvals for Demolition Control and Demolition Permits as may be required. 7. That the owner make financial arrangements to the satisfaction of the City's Director of Engineering for the removal of any redundant service connections and the installation of new ones that may be required to service this property, the installation of boulevard landscaping including street trees, the installation of a paved driveway ramp, and the installation of new curb and gutter, all to City standards. 8. That the owner make arrangements financial or otherwise for the relocation of any existing City - owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 9. That the owner provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of the Engineering Division, showing outlets to the municipal servicing system, together with any required easements. 10. 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. 11. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $4206.24. Park Dedication is calculated at the residential rate of 5%, for the severed lands only, with a land valuation calculated by the lineal frontage and a land value of $9,200 per metre of frontage. 12. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: "That prior to any demolition, grading, tree removal, or the application for or issuance of a building permit, the owner shall submit the following plans for the newly consolidated lot (Shown as `Future Lot B" on the severance sketch), to the satisfaction of the City's Director of Planning: d) A plan showing the location of the proposed dwelling and driveway, and elevation drawings, illustrating that the proposed dwelling will be compatible with the neighbourhood in terms of massing, scale and design, and that the plans be approved prior to the issuance of any building permit. e) A Tree Preservation Plan in accordance with the City's Tree Management Policy. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. The plans shall be prepared by qualified consultants. f) The owner further agrees to implement the approved plans. No changes to the plans shall be granted except with the prior approval of the City's Director of Planning." Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner File No. D20-20/19 KIT January 7, 2019 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener OntaruD N2G U Canada Telephone: 619-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2019-001 through B2019-004 Committee of Adjustment Hearing January 15, 2019 CITY OF KITCHENER B2019-001 427 Old Chicopee Trail Maria Kyveris and Greg McNally The owner/applicant is proposing to sever an existing lot into two new single detached lots. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Archaeological Assessment: Regional Staff acknowledge that a registered archaeological site did at one point extend onto the southwest corner of the subject property, although the site was fully documented as part of the 1987 archaeological assessment for the surrounding development. Document Number: 2899550 Version: 1 Regional Staff will not require further archaeological assessment of the subject property, However, due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. 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. B2019-002 25 Fourth Avenue Lino and Angela Santarossa The owner/applicant proposes to sever 7.315 metres to the south of the existing dwelling. 1.829 metres from the property to the south (31 Fourth Avenue) will be combined to this proposed 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 2019. Regional staff has no objection to the proposed application. Document Number: 2899550 Version: 1 B2019-003 and B2019-004 31 Fourth Avenue Lino and Angela Santarossa The owner/applicant proposes (132019-003) to retain a 1.8 metre wide strip of land. This land will be combined with the proposed severance in B2019-002 to create a new residential lot. The owner/applicant proposes (132019-004) to sever a 9.1 metre wide strip of land for the purpose of creating a new lot. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) per new lot created prior to final approval of the proposed consent. 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 2019. 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, per new lot created. 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: 2899550 Version: 1 January 3, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments - 1 . omments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 2898843 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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 DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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.