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HomeMy WebLinkAboutCA - 2019-01-15COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:04 a.m. Present: Mr. D. Cybalski, Chair Mr. B. McColl Mr. M. Kidd Mr. S. Hannah Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Mr. C. Dumart, Junior Planner Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk The Chair explained the Committee of Adjustment is considered a Standing Committee of City Council and the Decisions rendered this date with respect to sign/fence variances are recommendations to City Council and not a final decision. He advised the Committee's recommendations will be forwarded to City Council on Tuesday, January 29, 2019 at a time still to be determined and applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS: FENCE APPLICATION 1. Submission No.: FN 2019-001 Applicants: Sean Geobey and Jay Harrison Property Location: 27 Glasgow Street Legal Description: Part Lots 1, 3 & 4, Plan 387, being Parts 3 & 4 on Reference Plan 58R- 8512 Appearances: In Support: J. Harrison Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD -19-007 dated January 4, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 3, 2019, advising they have no concerns with this application. Mr. J. Harrison was in attendance in support of the subject application and staff recommendation. Mr. S. Hannah indicated he had given further consideration to the applicants minor variance request, noting if the location of the fence was 0.6m from the lot line abutting Gruhn Street the minor variance request regarding the Driveway Visibility Triangle would not be required. He provided a sketch of his proposal, stating in his opinion it would increase the size of the rear yard if the application was amended as such. Ms. Harrison advised she had no objection to Mr. Hannah's proposal and agreed to amend her application. Moved by Mr. S. Hannah Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 - 2 - CITY OF KITCHENER 1. Submission No.: FN 2019-001 (Cont'd) That the application of SEAN GEOBEY and; JAY HARRISON requesting permission to construct a 1.8m high wooden fence located 0.6m from the side lot line abutting Gruhn Street rather than the required 1.5m setback, on Part Lots 1, 3 & 4, Plan 387, being Parts 3 & 4 on Reference Plan 58R-8512, 27 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit a landscape plan and install the approved plantings to the satisfaction of the Planning Division. 2. That Condition 1 above shall be met no later than August 1, 2019. 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. It is the opinion of this Committee that: 1. The variance approved in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 630 (Fences) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried SIGN APPLICATIONS 1. Submission No.: SG 2019-002 Applicant: Jo -Ann Malhotra Property Location: 439 Park Street Legal Description: Part Lot 36, Plan 217 Appearances: In Support: J. Malhotra Contra: None Written Submissions: None The Committee was advised the applicant is 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. The Committee considered Development Services Department report DSD -19-009 dated January 7, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 3, 2019, advising they have no concerns with this application. Ms. J. Malhotra was in attendance in support of the subject application and staff recommendation. Questions were raised regarding the minor variance request for third party advertising, Mr. B. McColl advised the location of the sign is City property, which would result in the third party advertising request. In response to questions, Ms. Malhotra advised she had no objections to the deadline of June 30, 2019 outlined in Condition 3 of the staff report for completing the proposed conditions. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 - 3 - CITY OF KITCHENER 1. Submission No.: SG 2019-002 (Cont'd) That the application of JO -ANN MALHOTRA 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, on Part Lot 36, Plan 217, 439 Park Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Building 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 30, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried This meeting recessed at 10:11 a.m. and reconvened at 11:36 a.m. with all members present, Chaired by Mr. D. Cybalski. SIGN APPLICATIONS (CONT'D) 2. Submission No.: SG 2019-001 Applicant: Europro (Kitchener) GP Inc. Property Location: 70 King Street East Legal Description: Part Lot 1, Plan 364, beinq Part 3 on Reference Plan 58R-6977 Appearances: In Support: J. Erb Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace an existing projection sign on the King Street East fapade 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 Committee considered Development Services Department report DSD -19-008 dated January 7, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 3, 2019, advising they have no concerns with this application. Mr. J. Erb was in attendance in support of the subject application and staff recommendation. The Chair noted the Engineering Services comments would be dealt with through an encroachment agreement. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 - 4 - CITY OF KITCHENER 1. Submission No.: SG 2019-001 (Cont'd) Mr. J. Erb was in attendance in support of the subject application and staff recommendation. Moved by Mr. M. Kidd Seconded by Mr. B. McColl That the application of EUROPRO (KITCHENER) GP INC. requesting permission to replace an existing projection sign on the King Street East fapade 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, on Part Lot 1, Plan 364, being Part 3 on Reference Plan 58R-6977, 70 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall ensure the Frederick Street fascia sign is removed prior to the issuance of a sign permit for the Goudies Lane sign and that the masonry repairs to both the Frederick Street and Goudies Lane facades are completed to the satisfaction of the Coordinator, Cultural Heritage Planning by October 31, 2019. 2. That the owner shall obtain an encroachment agreement for the portion of the projecting sign extending over City lands on King Street East from the City's Legal Division. 3. That the owner shall ensure the internal illumination of "Joe's" be limited to day night vinyl so the black letters glowwhite at night; or, as approved by the Manager of Site Development and Customer Service. 4. That the owner shall obtain a sign permit for the proposed signs from the Planning Division. 5. That the above noted Conditions 1 to 5 shall 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. It is the opinion of this Committee that: 1. The variances approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 11:37 a.m. Dated at the City of Kitchener this 15th day of January, 2019 Dianna Saunderson Secretary -Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:12 a.m. Present: Mr. D. Cybalski Mr. B. McColl Mr. M. Kidd Mr. S. Hannah Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Mr. C. Dumart, Junior Planner Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the regular minutes of the Committee of Adjustment meeting held December 11, 2018, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2018-127 Applicant: Eight -Loop Inc. Property Location: 659 & 663 Victoria Street South Legal Description: Part Lots 101 & 102, Plan 786, being Part 1 on Reference Plan 58R-20271 Appearances: In Support: J. Szkoda H. Tek R. Masri D. Freeman Contra: T. Vos L. and S. Daub M. Twardus G. Thomas Written Submissions: None The Committee was advised the applicant is requesting 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). The Committee considered Development Services Department report DSD -19-010 dated January 7, 2019, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. Messrs J. Szkoda and H. Tek, Ms. R. Masri and Ms. D. Freeman were in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 - 2 - CITY OF KITCHENER 1. Submission No.: A 2018-127 (Cont'd) Ms. T. Vos, Ms. G. Thomas, Ms. M. Twardus, Ms. L. Daub and Ms. S. Daub were in attendance in opposition of the subject application. Ms. Vos advised she was speaking on behalf of the neighbouring property owners residing at the condominium municipally addressed as 51 Paulander Drive. She stated in her opinion, the subject application is not minor as the proposed development is significantly larger than the 3 -storey dwellings in the vicinity. She expressed concerns with overflow parking, garbage removal, grading and the possibility of water run-off onto their property. Ms. Vos also noted there is a chain link fence at the rear of their property owned by the condominium, expressing concerns that it may be damaged during construction. She requested consideration be given to requiring the applicant to provide a wooden fence between the two properties as part of their development approvals. Ms. M. Twardus stated in addition to the items raised by Ms. Vos, she also had concerns that their condominium would be subject to overflow parking from the development as on -street parking is not allowed on Victoria Street. In response to the concerns raised by the neighbouring property owners, Ms. D. Freeman confirmed there is a large grade change from the front to the rear of the subject property. She stated the property owner has consulted with the City and the Region of Waterloo to ensure there is ample permeable space, indicating they will be installing an infiltration system to ensure they are containing all runoff from the subject property. Ms. Freeman acknowledged the concerns regarding the chain link fence during the construction phase, indicating she will ensure the property owner is aware of the concerns. She advised regarding the concerns relate to waste disposal, the intention is to have a self-contained garbage unit completely internal to the site. Ms. Freeman further advised the development is subject to Site Plan approval and additional approvals through that process that will address a number of the concerns raised by the neighbouring property owners. She explained in her opinion, the subject development is appropriate as the requested variances are intended to address the grading on the subject property, adding in her opinion the parking reduction is minor as the subject property is located on a major transit route and trail systems, which should reduce the need for parking. In response to questions, Ms. R. Masri stated the proposed grading is designed to slope inward from the back of the property to where the infiltration gallery will be located, with the grading wall proposed to be no more than 4 to 5 feet. She added fencing will be addressed through the Site Plan process. Mr. C. Dumart stated the Site Plan has received Approval in Principal and staff is still working through a detailed design. He noted Engineering Services staff will review the grading plan, noting Zoning for the subject property permits a multi -residential dwelling. In response to questions, Mr. Dumart indicated the developer will be required to install a landscaping buffer at the rear of the property. In response to questions, Mr. D. Seller stated the condition requested by staff requires a Transportation Demand Management (TDM) measure for the subject application and the Site Plan Approval process requires the Minor Variance to be in full force and effect. Questions were raised on whether a deadline should be imposed on the Committee's decision. Mr. Dumart advised the applicant will be required to finalize Site Plan Approval, which is dependent upon receiving Committee of Adjustment approval. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of EIGHT -LOOP INC. requesting 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), on Part Lots 101 & 102, Plan 786, being Part 1 on Reference Plan 58R-20271, 659 and 663 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 - 3 - CITY OF KITCHENER 1. Submission No.: A 2018-127 (Cont'd) 1. That the owner shall agree 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. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 2. Submission No.: A 2019-001 Applicant: Jo -Ann Malhotra Property Location: 439 Park Street Legal Description: Part Lot 36, Registered Plan 217 Appearances: In Support: J. Malhotra Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-011 dated January 7, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. Ms. J. Malhotra was in attendance in support of the subject application and staff recommendation, confirming a revised building permit has been submitted for the proposed dwelling. Moved by Mr. M. Kidd Seconded by Mr. B. McColl That the application of JO -ANN MALHOTRA requesting 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, on Part Lot 36, Registered Plan 217, 439 Park Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 - 4 - CITY OF KITCHENER 2. Submission No.: A 2019-001 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 3. Submission No.: A 2019-002 Applicants: James Abohbot Property Location: 106 Idle Creek Drive Legal Description: Level 1, Unit 1, Waterloo Condominium Plan 361 Appearances: In Support: J. Abohbot Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-012 dated January 4, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated January 7, 2019, advising staff have reviewed the proposed deck at 106 Idle Creek Drive through the City of Kitchener building permit process. As such, the GRCA has no objection to approval of the subject application. Mr. J. Abohbot was in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt confirmed staff are not requesting new Dogwood trees on the subject property. She stated the staff report comment related to the Dogwood trees was in reference to the initial landscape plan approved at the time of construction of the townhouse development. She stated staff are requesting a scoped landscape plan as part of the Committee's approval, noting there is no requirement specific to reinstating Dogwood trees. Mr. S. Hannah stated he visited the site and in his opinion a landscaping plan should not be required as part of the Committee's decision this date. He moved the application be approved without staff's proposed condition requiring a landscape plan. Ms. von Westerholt stated it would be her preference the proposed condition remain to address the possibility of landscaping being removed or replaced due to the deck construction. She added in her opinion, onus on the applicant would be minor if the proposed condition remained. Mr. Hannah stated based on staffs' comments, he had no further objection to imposing the conditions as outlined in the staff report. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of JAMES ABOHBOT requesting permission to re -construct a deck that is greater than 0.6m in height located in the rear yard of an existing townhouse having a northerly side yard setback of 1m rather than the required 2.5m, on Level 1, Unit 1, Waterloo Condominium Plan 361, 106 Idle Creek Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 - 5 - CITY OF KITCHENER 3. Submission No.: A 2019-002 (Cont'd) 1. That the owner shall ensure a scoped landscape plan is approved to the satisfaction of the Director of Planning and that the approved plantings be installed. 2. That Condition 1 above shall be completed prior to September 30, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-003 Applicants: Grerei Investment Ltd. Property Location: 487 Riverbend Drive Legal Description: Part Lots 1 & 10 on Reference Plan 58R-10075 and Part 1 on Reference Plan 58R-11011 Appearances: In Support: H. Price Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-013 dated January 3, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. Ms. H. Price was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of GREREI INVESTMENTS LIMITED requesting permission for an existing office building having 2.453 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, on Subdivision of Lot 59, German Company Tract, being Part Lots 1 & 10 on Reference Plan 58R-10075 and Part 1 on Reference Plan 58R-11011, 487 Riverbend Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 - 6 - CITY OF KITCHENER 4. Submission No.: A 2019-003 (Cont'd) The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 5. Submission No.: A 2019-004 Applicants: Marann Homes Ltd. Property Location: 54 Bridge Street West Legal Description: Part Lot 59, German Company Tract, being Parts 2, 3 & 4 on Reference Plan 58R-17146 Appearances: In Support: M. Knowles Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-014 dated January 4, 2019, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. The Committee was in receipt of comments from the City of Waterloo dated January 10, 2019, requesting a deferral of this application to allow time to dialogue with the City of Kitchener with regards to the proposed development. Mr. M. Knowles was in attendance in support of the subject application and staff recommendation. Mr. B. McColl requested, and it was agreed, that a condition be added to the Committee's decision this date requiring the owner to apply for a building permit. In response to questions, Ms. J. von Westerholt confirmed the applicant has received Site Plan Approval in Principle. Moved by Mr. M. Kidd Seconded by Mr. B. McColl That the application of MARANN HOMES LIMITED requesting permission to construct a 5 - building, 30 -unit stacked town house development having maximum building heights of 13.8m rather than the maximum permitted height of 10.8m; a Floor Space Ratio (FSR) of 0.65 rather than the permitted maximum 0.6; and, to have 47 off-street parking spaces (1.57 spaces/per unit) rather than the required 53 (1.75 spaces/per unit), on Part Lot 59, German Company Tract, being Parts 2, 3 & 4 on Reference Plan 58R-17146, 54 Bridge Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 - 7 - CITY OF KITCHENER 5. Submission No.: A 2019-004 (Cont'd) 1. That the owner shall receive final approval of Site Plan Application SP18/086/B/LT. 2. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 6. Submission No.: A 2019-005 Applicants: Kirk and Jeraldine Van Os Property Location: 362 Edwin Street Legal Description: Lot 52, Plan 660 Appearances: In Support: K. Van Os Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission for an existing four-plex to have 0 barrier -free off-street parking spaces ratherthan the required 1 barrier -free off-street parking space. The Committee considered Development Services Department report DSD -19-015 dated January 4, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. Mr. K. Van Os was in attendance in support of the subject application and staff recommendation. In response to questions, Mr. Van Os advised he purchased the subject property in good faith, believing it to be in compliance. Mr. S. Hannah requested, and it was agreed, that a condition be added to the Committee's decision this date requiring the owner to apply for a building permit. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of KIRK and JERALDINE VAN OS requesting legalization 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, on Lot 52, Plan 660, 362 Edwin Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 - 8 - CITY OF KITCHENER 6. Submission No.: A 2019-005 (Cont'd) It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 7. Submission No.: A 2019-006 Applicants: Activa Holdings Inc. Property Location: 925 Thomas Pedder Court Legal Description: Lot 61, Registered Plan 58M-616 Appearances: In Support: P. Chauvin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a rear yard setback of 7m rather than the required 7.5m. The Committee considered Development Services Department report DSD -19-016 dated January 7, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. Mr. P. Chauvin was in attendance in support of the subject application and the staff recommendation. Mr. B. McColl requested, and it was agreed, that a condition be added to the Committee's decision this date requiring the owner to apply for a building permit. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a rear yard setback of 7m rather than the required 7.5m, on Lot 61, Registered Plan 58M-616, 925 Thomas Pedder Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 - 9 - CITY OF KITCHENER 7. Submission No.: A 2019-006 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 8. Submission No.: A 2019-007 Applicants: Huron Creek Holdings Corp. Property Location: 35 Trillium Drive Legal Description: Part Lot 5, Plan 1478, being Part 1 on Reference Plan 58R-16845 Appearances: In Support: M. Steiniger Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-017 dated January 4, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. Mr. M. Steiniger was in attendance in support of the subject application and staff recommendation. In response to questions he advised he was leasing the unit, noting the owner intends to apply for a building permit to address interior construction. In response to questions, Ms. J. von Westerholt stated although the applicant requested 250 sq. m. for their Commercial Recreational use, staff are recommending approval for a maximum of 300 sq.m. to provide the applicant some flexibility related to the unit size. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of HURON CREEK HOLDINGS CORP. requesting permission for a building currently zoned Business Park Employment (B-2) to have Commercial Recreational use for a proposed fitness centre, whereas the By-law does not permit a Commercial Recreational use, on Part Lot 5, Plan 1478, being Part 1 on Reference Plan 58R-16845, 35 Trillium Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Zoning (Occupancy) Certificate for a Commercial Recreation (fitness centre) use by December 1, 2019. 2. That the owner shall ensure the maximum size of the Commercial Recreation use on the subject property be 300 square metres. 3. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 _10- CITY OF KITCHENER 8. Submission No.: A 2019-007 (Cont'd) 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 9. Submission No.: A 2019-008 Applicants: William Cody Willems Property Location: 242 Ingleside Place Legal Description: Part Lot 10, Plan 1321 Appearances: In Support: W. C. Willems R. Binnendyle Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-018 dated January 7, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. Mr. W. C. Willems and Ms. R. Binnendyle were in attendance in support of the subject application and staff recommendation. Mr. Willems confirmed he has applied for a building permit. Moved by Mr. M. Kidd Seconded by Mr. S. Hannah That the application of WILLIAM CODY WILLEMS requesting permission to convert an existing semi-detached dwelling into a duplex whereas the By-law does not permit duplexing semi- detached dwellings, on Part Lot 10, Plan 1321, 242 Ingleside Place, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15. 2019 - 11 - CITY OF KITCHENER S> *n •T i1r_r1 Me, Ll 156> 012iy11100aiI811<14Me , it Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 10. Submission No.: A 2019-009 Applicants: Sheldon Foley Property Location: 63 Pinedale Drive Legal Description: Lot 47, Plan 1240 Appearances: In Support: T. Fedy Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-019 dated January 7, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. Mr. T. Fedy was in attendance on behalf of the property owner in support of the subject application and staff recommendation. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of SHELDON FOLEY requesting permission to convert a single detached dwelling into a duplex having one of the required off-street parking spaces located 3.64m from the street line rather than the required 6m, on Lot 47, Plan 1240, 63 Pinedale Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -12- CITY OF KITCHENER 11. Submission No.: A 2019-010 Applicants: Tom Ferguson Property Location: 150 Mill Street Legal Description: Lot 309, Subdivision of Lot 17, German Company Tract Appearances: In Support: J. & J. Hale Contra: P. Stirling Written Submissions: None The Committee was advised the applicant is requesting permission to convert an existing single detached dwelling into a triplex having a northerly side yard setback of 2.9m ratherthan 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 permitted. The Committee considered Development Services Department report DSD -19-020 dated January 4, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. Ms. J. Hale and Mr. J. Hale were in attendance in support of the subject application and staff recommendation. Mr. P. Stirling, neighbouring property owner, was in attendance in opposition to the subject application. He expressed concerns related to the almost 100% increase in the dwelling size, noting the subject property is on the border of a heritage zone. He questioned the potential aesthetics of the building, noting he does not wish a new development to adversely affect the character of the neighbourhood. Mr. Stirling also questioned whether Heritage Planning staff would have input as to the style of the proposed dwelling. Ms. J. von Westerholt stated the proposed development is in keeping with the residential character of the neighbourhood, noting the application before the Committee this date to permit a tri-plex to be located within an R-5 Zone. She indicated the subject property is a large lot that can support a tri-plex. She stated the property is adjacent to a cultural heritage landscape, which was noted in the Heritage Planning comments contained in the staff report, adding Heritage staff had no objections to the subject application. She further advised the property is also adjacent to railway lands. Ms. von Westerholt stated staff have no objections with the subject application as the proposed development is in keeping with the low-rise nature of the neighbourhood. She noted the applicant has not yet applied for Site Plan approval. Mr. B. McColl requested, and it was agreed, that a condition be added to the Committee's decision this date requiring the owner to apply for a building permit. He noted the neighbour's concerns would be addressed through the Site Plan process. Mr. S. Hannah requested, and it was agreed, the deadline for the applicant to fulfill the imposed conditions would be changed from September 30, 2019 to December 31, 2019. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of THOMAS FERGUSON requesting 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 permitted, on Lot 309, Subdivision of Lot 17, German Company Tract, 150 Mill street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive Site Plan approval to the satisfaction of the Manager of Site Development and Customer Service. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -13- CITY OF KITCHENER 11. Submission No.: A 2019-010 (Cont'd) 2. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division to establish the Multiple Dwelling use on the property. 3. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. 4. That the above Conditions shall be completed prior to December 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 this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 12. Submission No.: A 2019-011 Applicants: 270 Spadina Kitchener Inc. Property Location: 270 Spadina Road East Legal Description: Lots 36-38, 41-54 & 55 and Part Lots 56-58, Plan 224, Subdivision of Lot 17, German Company Tract Appearances: In Support: P. Chauvin S. Litt Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-021 dated January 7, 2019, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. Messrs. P. Chauvin and S. Litt were in attendance on behalf of the property owner in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -14- CITY OF KITCHENER 12. Submission No.: A 2019-011 (Cont'd) The Chair questioned whether a deadline should be imposed related to staff's proposed condition as part of the Committee's decision. Mr. Chauvin stated the owner is currently working to obtain Site Plan Approval for the second phase, confirming the existing building is Phase 1 of the proposed development, which has already received Site Plan Approval. He indicated the second phase will be dependent on market demand and may not be constructed in the near future. He stated the request approves a phased construction approach for the development, noting if development does not proceed, the site is still in compliance with the Zoning By-law. He indicated the subject development has gone through Zoning By-law and Official Plan amendments as well as a previous minor variance application. He indicated the site is now in compliance with the Zoning By-law regardless of whether the second phase is constructed. In response to questions, Mr. C. Dumart advised as per a condition of their Site Plan approval, the rental agreements will advise tenants that limited parking will be available until the full build- out of the development. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of 270 SPADINA KITCHENER INC. requesting 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, on Lots 36-38, 41-54 & 55 and Part Lots 56-58, Plan 224, Subdivision of Lot 17, German Company Tract, 270 Spadina Road East, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall provide a Letter of Undertaking to ensure 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. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 13. Submission No.: A 2019-012 Applicants: Cathy De Brabandere and David van Schaik Property Location: 50 Moore Avenue Legal Description: Part Lot 377, Plan 376, being Parts 1 & 2 on Reference Plan 58R-7265 Appearances: In Support: C. De Brabandere D. van Schaik Contra: None COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -15- CITY OF KITCHENER 13. Submission No.: A 2019-012 (Cont'd) Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD -19-022 dated January 7, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with this application. Ms. C. De Brabandere and Mr. D. van Schaik were in attendance in support of the subject application and staff recommendation. In response to questions, Mr. van Schaik stated the third floor of the dwelling is an unfinished attic. Mr. S. Hannah questioned the size of the units and whether the applicant has ever had issues renting a unit without a parking space. Mr. van Schaik stated the units are full-size and to date there have been no issues renting the units due to limited on-site parking. He stated on -street parking is allowed except for the winter months. In response to questions, Ms. J. von Westerholt clarified the only legal non -conforming Zoning matter related to the subject property is the required off-street parking spaces. She stated the subject property was constructed in 1962 having no off-street parking spaces. She stated the application is improving the situation on-site by providing 1 off-street parking space. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of CATHERINE DE BRABANDERE and DAVID VAN SCHAIK requesting permission to legalize an existing duplex having 1 off-street parking space rather than the required 2 off-street parking spaces; and, for the off-street parking space to be located Om from the front lot line rather than the required 6m, on Part Lot 377, Plan 376, being Parts 1 & 2 on Reference Plan 58R-7265, 50 Moore Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain an encroachment agreement for the parking space from the Legal Division. 2. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the 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 the owners shall apply for a building permit for the duplex use from the Building Division. 4. That Conditions 1 to 3 above shall be completed prior to 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. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15. 2019 -16- CITY OF KITCHENER i6�*n•TilMMe , Ll 01281 RIGVildMe, ire Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried CONSENT APPLICATION: 1. Submission No.: B 2019-001 Applicant: Maria Kyveris and Gregory McNally Property Location: 427 Old Chicopee Trail Legal Description: Part Lots 54 and 118, German Company Tract Appearances: In Support: M. Kyveris Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 21.81m, a depth of 43.07m and an area of 909.2 sq.m. The retained land will have a width of 21.81m, a depth of 42.76m and an area of 915.83 sq.m. Both parcels are intended for single detached dwellings. The Committee considered Development Services Department report DSD -19-023 dated January 9, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated January 7, 2019, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Ms. M. Kyveris was in attendance in support of the subject application and staff recommendation The Chair noted the comments from the Region of Waterloo and requested their proposed condition be added to the Committee's decision this date. He noted the proposed condition outlined in the staff recommendation regarding the Environmental Assessment (EA) and questioned why a Phase 2 would be required depending on the results of the Phase 1 EA. It was suggested, and agreed, that the condition be amended to include the words "if necessary" related to the Phase 2 EA. Mr. S. Hannah requested, and it was agreed, that an additional condition be included in the Committee's decision this date requiring approvals for Demolition Control and Demolition Permits to the satisfaction of the Chief Building Official. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of MARIA KYVERIS and GREGORY MCNALLY requesting permission to sever a parcel of land having a width of 21.81m, a depth of 43.07m and an area of 915.83 sq.m., on Part Lots 54 and 118, German Company Tract, 427 Old Chicopee Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -17- CITY OF KITCHENER Submission No.: B 2019-001 (Cont'd) 2. That the owners 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 the owners shall 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 owners shall submit a Phase 1 and, if necessary, a Phase 2 Environmental Assessment (EA) to the satisfaction of the City's Engineering Services for the road widening on the severed portion. 4. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for parkland dedication in the amount of $10,032.60. 5. That the owners shall secure the required approvals for Demolition Control and Demolition Permits as may be required to the satisfaction of the Chief Building Official. 6. That the owners shall make 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. 7. That the owners shall 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. 8. That the owners shall 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. 9. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 10. That the owners shall provide Engineering Services 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 owners 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 owners. 11. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: That the owners 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. The owners shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning and the Director of Parks and Cemeteries. C. That the owners shall ensure any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Operations and Planning. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -18- CITY OF KITCHENER 1. Submission No.: B 2019-001 (Cont'd) d. That prior to the issuance of any building permit, the owners shall make satisfactory arrangements, financial or otherwise, for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Parks and Cemeteries. 12. That the owners shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 15, 2021. Carried COMBINED APPLICATIONS: 1. Submission Nos.: B 2019-002, B 2019-003, B 2019-004 & A 2019-013 Applicant: Angela and Lino Santarossa Property Location: 25 & 31 Fourth Avenue Legal Description: Lots 88 & 89, Registered Plan 254 Appearances: In Support: B. Flewwelling Contra: D. Flewwelling S. Vantour Written Submissions: None The Committee was advised the applicants are requesting permission 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. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15. 2019 _19- CITY OF KITCHENER i��1 ••T i11MMir 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 forthe 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. The Committee considered Development Services Department report DSD -19-024 dated January 8, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated January 7, 2019, advising they have no objection to application B 2019- 002. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated January 7, 2019, advising they have no objection to applications B 2019- 003 and B 2019-004, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00, per new lot created. The Committee considered the report of the Region of Waterloo, Transportation Planner dated January 3, 2019, advising they have no concerns with application A 2019-013. Mr. B. Flewwelling was in attendance in support of the subject applications and staff recommendations. The Chair noted the comments from the Region of Waterloo and requested their proposed condition be added to the Committee's decision this date. Mr. D. Flewwelling and Ms. S. Vantour were in attendance in opposition of the subject applications. They expressed concerns with regards to the width of proposed "future Lot B", the grading/drainage, lack of privacy and potential parking problems. Mr. Flewwelling questioned what was planned for the retaining wall that currently exists between the properties. Ms. Vantour also noted an increase in noise due to the previous removal of trees and expressed concerns with increased noise from Highway 8 with the loss of more trees due to construction on the subject property. Ms. J. von Westerholt stated all drainage for the proposed development is required to stay on-site, adding the subject application proposes single detached homes that are not subject to Site Plan approval. She noted a noise warning clause is typically imposed by the Region of Waterloo, confirming a condition was not requested for the subject application. Mr. B. McColl suggested for future applications, when a subject property is in close proximity to a highway, a noise warning clause should be considered. In response to questions, Ms. D. Saunderson advised prior to the application being circulated for comments, the description of the proposed lots on the plan changed slightly to accommodate the transaction through the Land Registry Office. She noted the dimensions and final lot plan is accurate. Mr. B. Flewwelling noted the trees on the subject property have been assessed and are subject to a City review. Regarding the noise concerns, he stated the proposed dwellings should reduce the highway noise. He indicated drainage issues would be addressed through the Site Plan approval process. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -20- CITY OF KITCHENER 1. Submission Nos.: B 2019-002, B 2019-003, B 2019-004 & A 2019-013 (Cont'd) Submission No.: B 2019-002 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of LINO and ANGELA SANTAROSSA requesting permission to sever a parcel of land identified as Parcel 'A' on the plan submitted with the application having a width of 12.829m, a depth of 40.257m and an area of 515.9 sq. m., on Lot 88, Registered Plan 254, 25 Fourth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in 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 B 2019-002, B 2019-003 and B 2019-004 shall receive final approval. The owners shall ensure that all the above noted Consents are included on the same reference plan, and that the reference plan and draft transfer are submitted for approval by the City's Solicitor prior to endorsement of the deeds. 4. That Minor Variance Application A 2019-013 shall receive final approval. 5. That the owners shall ensure prior to the issuance of a certificate, both 25 and 31 Fourth Avenue 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 owners shall: a. 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. obtain a building permit for any remedial work/ upgrades required by the building code assessment. 7. That the owners shall make financial arrangements to the satisfaction of the City's Director of Engineering Services 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 owners shall 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 owners shall provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of Engineering Services, showing outlets to the municipal servicing system, together with any required easements. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -21- CITY OF KITCHENER Submission Nos.: B 2019-002, B 2019-003, B 2019-004 & A 2019-013 (Cont'd 10. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 11. That the owners shall 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 owners shall submit the following plans for the newly consolidated lot (shown as'Future Lot B' on the severance sketch submitted with the application), 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 owners shall further agree 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." 12. That the owners shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 15, 2021. Carried Submission No.: B 2019-003 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -22- CITY OF KITCHENER 1. Submission Nos.: B 2019-002, B 2019-003, B 2019-004 & A 2019-013 (Cont'd) That the application of LINO and ANGELA SANTAROSSA requesting permission to sever a parcel of land identified as Parcel 'C' on the plan submitted with the application having a width of 9.144m, a depth of 40.257m and an area of 368.1 sq.m., on Lot 89, Registered Plan 254, 31 Fourth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in 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 B 2019-002, B 2019-003 and B 2019-004 shall receive final approval. The owners shall ensure that all the above noted Consents are included on the same reference plan, and that the reference plan and draft transfer are submitted for approval by the City's Solicitor prior to endorsement of the deeds. 4. That Minor Variance Application A 2019-013 shall receive final approval. 5. That the owners shall ensure prior to the issuance of a certificate, both 25 and 31 Fourth Avenue 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 owners shall ensure the existing dwelling and garage located at 31 Fourth Avenue be demolished. The owners shall secure required approvals for Demolition Control and Demolition Permits as may be required. 7. That the owners shall make financial arrangements to the satisfaction of the City's Director of Engineering Services 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 owners shall 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 owners shall provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of Engineering Services, showing outlets to the municipal servicing system, together with any required easements. 10. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 11. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel the amount of $4206.24. 12. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed 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 owners 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: COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -23- CITY OF KITCHENER Submission Nos.: B 2019-002, B 2019-003, B 2019-004 & A 2019-013 (Cont'd) 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 owners shall further agree 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." 13. That the owners shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 15, 2021. Carried Submission No.: B 2019-004 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of LINO and ANGELA SANTAROSSA requesting permission to sever a parcel of land identified as Parcel 'D', on the plan submitted with the application having a width of 9.144m, a depth of 40.257m and an area of 368.1 sq.m., on Lot 89, Registered Plan 254, 31 Fourth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in 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. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -24- CITY OF KITCHENER Submission Nos.: B 2019-002, B 2019-003, B 2019-004 & A 2019-013 (Cont'd) 3. That Consent applications B 2019-002, B 2019-003 and B 2019-004 shall receive final approval. The owners shall ensure that all the above noted Consents are included on the same reference plan, and that the reference plan and draft transfer are 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 the owners shall ensure prior to the issuance of a certificate, both 25 and 31 Fourth Avenue 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 owners shall ensure the existing dwelling and garage located at 31 Fourth Avenue be demolished. The owners shall secure required approvals for Demolition Control and Demolition Permits as may be required. 7. That the owners shall make financial arrangements to the satisfaction of the City's Director of Engineering Services 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 owners shall 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 owners shall provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of Engineering Services, showing outlets to the municipal servicing system, together with any required easements. 10. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 11. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel the amount of $4206.24. 12. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed 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 owners 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 owners shall further agree 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." COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -25- CITY OF KITCHENER Submission Nos.: B 2019-002, B 2019-003, B 2019-004 & A 2019-013 (Cont'd) 13. That the owners shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 15, 2021. Carried Submission No.: A 2019-013 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of LINO and ANGELA SANTAROSSA requesting permission 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, on Lot 88, Plan 254, 25 Fourth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owners shall remove the lean-to structure from the existing shed to the satisfaction of the Director of Planning prior to July 1, 2019. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JANUARY 15, 2019 -26- CITY OF KITCHENER ADJOURNMENT On motion, the meeting adjourned at 11:36 a.m. Dated at the City of Kitchener this 15th day of January, 2019 Dianna Saunderson Secretary -Treasurer Committee of Adjustment