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HomeMy WebLinkAboutCA Agenda - 2019-02-19THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 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, February 19, 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. SG 2019-003 - 151 Zeller Drive Permission to replace an existing sign with a ground -supported sign having automatic changing copy located 13.6m from a residential zone rather than the required 100m; and, to have a sign area of 3.42 sq.m. rather than the permitted maximum sign area of 3 sq.m. SG 2019-004 - 222 Chandler Drive Permission to replace an existing sign with a ground -supported sign having automatic changing copy located 24m from a residential zone rather than the required 100m; being 2.6m from an intersection rather than the required setback of 23m; and, having a sign area of 44% rather than the permitted maximum sign area of 30%. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2019-014 - 71 Heit Lane Permission to legalize an existing building having a front yard setback of 0.9m rather than the required 3.0m; to permit a proposed accessory building to have a westerly side yard setback of 1.0 rather than the required setback of 1.2m; and, to permit the proposed accessory building to have a rear yard setback of 1.89m rather than the required 3.0m. A 2019-015 - 66 Mt. Hope Street Permission for an existing single detached dwelling to have the required off-street parking space to be located 0.18m from the front lot line rather than the required 6m; and, for the one off-street parking space adjacent to the front stairs to be 2.3m wide by 5.5m in length rather than the required 2.6m width and 5.5m length. Page 1 of 3 A 2019-016 - 36 Gordon Avenue Permission for an existing duplex to have one of the required off-street parking spaces to be 2.6m by 4.6m rather than the permitted 2.6m by 5.5m. A 2019-017 - 6 Pequegnat Avenue Permission for a driveway to be located 7.5m from the intersection of Pequegnat Avenue and Mansion Street, whereas a setback of 9m is required; and, a northerly garage side wall to be located within 4.5m of the Mansion Street property line rather than the required 6m. B 2019-005 & B 2019-006 - 151 Wentworth Avenue Permission to sever a parcel of land identified as "Lot B" on the plan submitted with the application having a width of 9.137m, a depth of 27.092m and an area of 277.005 sq.m. The retained land identified as "Lot A" on the plan submitted with the application will have a width of 11.647m, a depth of 27.675m and an area of 248.643 sq.m. Permission is also being requested for an easement on the severed land having a width of 1.39m and overall depth of 27.092m; and, an easement on the retained land having a width of 2.1 m and an overall depth of 27.092m to provide shared driveway access for each lot. Both parcels are intended for duplex dwellings. B 2019-007, A 2019-018 & A 2019-019 - 396 Vanier Drive Permission to sever a parcel of land having a width of 12.70m, a depth of 24.38m and an area of 310 sq.m. The retained lot will have a width of 24.38m, a depth of 20.82m and an area of 507.60 sq.m. Permission is also being requested to allow the severed lot to have a front lot width of 12.7m rather than the required 13.7; and, a lot area of 370 sq.m. rather than the required 411 sq.m. In addition, permission is requested for the retained land to have a rear yard setback of 5m rather than the required 7.5m. Both lots are intended for residential use. CC 2019-001, CC 2019-002, CC 2019-003 & CC 2019-004 - 883 Doon Village Road Permission is being requested to modify Condition 4 of the Decisions of Provisional Consent applications B 2018-0006, B 2018-007, B 2018-008 & B 2018-009, granted by the Committee of Adjustment on April 17, 2018, to provide for the conditions outlined in the modified subdivision agreement to be cleared prior to deed endorsement rather than 1 year from the date of the decision. • 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.kitchener.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 holly. dyson(a)kitchener.ca. • 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. Page 2 of 3 Dated the 1 st day of February 1, 2019. 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 FEBRUARY 1, 2019. Page 3 of 3 Staff Report Development Services Department 1 R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: February 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Christian Tsimenidis, Student Planner - 519-741-2200 ext. 7074 WARD: #2 DATE OF REPORT: February 11, 2019 REPORT #: DSD -19-033 SUBJECT: SG 2019-003 — 151 Zeller Drive Owner — Waterloo Region District School Board (James Betts) Applicant — Signable Inc. (Chris Cluthe) Approve as AMENDED with Conditions Location Map: 151 Zeller 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 property is zoned Neighbourhood Institutional Zone (1-1) and is designated as Institutional in the City's Official Plan. City Planning staff visited the site on February 4, 2019. Image 1: Existing ground supported sign with nearest residential zone across the fence. The applicant is requesting to replace an existing ground supported sign with automatic changing copy. The applicant is seeking relief from Section 680.3.29 of the Sign By -Law to allow automatic changing copy on a sign that is located 13.6 metres from a residential zone rather than the required 100m. The applicant is also seeking relief from Section 680.11.9 of the Sign By -Law to allow for a size area of 3.42 square metres rather than the required 3.0 square metres. Upon further investigation, a second variance for a size area of 3.42 square metres rather than the required 3.0 square metres is no longer required. The applicant clarified that the overall sign area will be 2.76 square metres with an automatic changing copy area of 1.74 square metres, which meets the regulation of the Sign By -Law. Therefore, Planning Staff recommends that the second variance be amended. Please see Appendix `A' for further details. Variance #1: The intent of Section 680.3.29 of the Sign By -Law is to ensure that an adequate distance is maintained between automatic changing copy signs and residential zones in order to minimize the impacts of the additional illumination and distraction of the changing sign. The intent of this regulation is also to ensure that the brightness of the screen does not cause a nuisance by casting light onto residential properties. Staff is of the opinion that the reduced setback proposed by the applicant is sufficient because the automatic changing copy is oriented at a 90 -degree angle away from the nearest residential zone. This means the light cast by the automatic changing copy will not reach the front face of the residential property. Secondly, the sign has a drive aisle and two-lane street, Zeller Drive, between the sign location and residential lots across the street. To ensure that the sign does not cause a nuisance, Staff is recommending a condition that the sign be turned off between the hours of 10:OOPM and 6:OOAM. 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 sign variance provided a sign permit is obtained prior to erection. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: No comments. RECOMMENDATION That application SG 2019-003 (as amended) requesting permission to replace the existing ground supported sign with an automatic changing copy located 13.6m from a residential zone rather than the required 100m be approved, subject to the following conditions: 1) That a sign permit is obtained from the Planning Division. 2) That the automatic changing copy portion of the sign be turned off between the hours of 10:OOPM and 6:OOAM. 3) That condition 1 shall be completed prior to September 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Juliane von Westerholt, B.E.S, MCIP, RPP Senior Planner Appendix `A' The following image is an updated drawing of the proposed sign with automatic changing copy, and was sent to City Planning staff on January 29, 2019. It is important to note that the dimensions are the same as the original submission, however, the "Overall Sign Area" and "LED Percentage" specifications were corrected by the applicant (see bottom left corner of image). 6 in (152 mm 8" POO rn ( 102 In im) ED - I 90 In (2286 mm LEU sign side Front LACKNER WOODS ruse.�c �avoL 12 in (3 04 mm) — "All rvr one and one for all" — iEDmaa+n 59 in (1500 mm) �LacknerWoods PS i.®gm– Support Beams 30 in (762 mm) P10 RESOLUTIONw�ideo R 16 in (406 mm) Aluminum Skirt ~� IV dia. Sonotube cement base 48 in 1219 mm) J1.rMe, H9N � 10"9 M ertwwk mmmas the pmwity d SMmble [x.11 Hp Overall sign area = 29.75 ft 2 (2.76 m2) Led Sign area = 18.75 ft2 (1.74 rn2) LED percentage = 63% Approx. weight of sign box header 15 lbs. (6.4 kg) Approx. weight of LED Display 80 Ib. (36.3 kg) ea Nay HN BeEx 11y T. Scale rmmneemen[s—wdeirwnWM®capgnph[ CJianabl�Ina. Region of Waterloo February 1, 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.: D20-01/VAR KIT GEN 1-8 Re: Committee of Adjustment Meeting on February 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. SG 2019-003 — 151 Zeller Drive, Waterloo Region District School Board 2. SG 2019-004 — 222 Chandler Drive, City of Kitchener 3. A 2019-014 — 71 Heit Lane, 2103780 Ontario Inc. 4. A 2019-015 — 66 Mt. Hope Street, Marc Gibson & Vanessa Parks 5. A 2019-016 — 36 Gordon Avenue, David & Nancy Ashley 6. A 2019-017 — 6 Pequegnat Avenue, Jackman Property Holding 7. A 2019-018 — 396 Vanier Drive, Scott Davey 8. A 2019-019 — 396 Vanier Drive, Scott Davey 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. 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. DOCS: 2926476 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 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE February 8, 2019 YOUR FILE: See below Application for Minor Variance (Signs): SG 2019-003 151 Zeller Drive Applications for Minor Variance: A 2019-014 71 Heit Lane A 2019-015 66 Mt. Hope Street A 2019-016 36 Gordon Avenue A 2019-017 6 Pequegnat Avenue A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-007 396 Vanier Drive CC 2019 -001 -CC 2019-004 883 Doon Village Road 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 Development Services Department 1 wAi- R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: February 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Christian Tsimenidis, Student Planner - 519-741-2200 ext. 7074 WARD: #6 DATE OF REPORT: February 11, 2019 REPORT #: DSD -19-034 SUBJECT: SG 2019-004 — 222 Chandler Drive Owner — City of Kitchener (Steve Roth) Applicant — Ismail Mohamed Approve with Conditions x Location Map: 222 Chandler 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 property is zoned Public Park Zone (P-1) and is designated as Open Space in the City's Official Plan. City Planning staff visited the site on February 6, 2019. Image 1: Existing ground supported sign with residential zone across the street The applicant is requesting to replace an existing ground supported sign with automatic changing copy. The applicant is seeking relief from Section 680.3.29 of the Sign By -Law to allow automatic changing copy on a sign that is located 24 metres from a Residential Zone rather than the required 100 metres. The applicant is also seeking relief from Section 680.3.29 of the Sign By -Law to allow automatic changing copy on a sign that is located 2.6 metres from a street intersection rather than the required 23 metres. Additionally, the applicant is asking for relief from Section 680.11.19 of the Sign By -Law to allow for an automatic changing copy area of 44% rather than the required 30% maximum. Variance #1: The intent of Section 680.3.29 of the Sign By-law is to ensure that an adequate distance is maintained between automatic changing copy signs and residential zones in order to minimize the impacts of the additional illumination and distraction of the changing sign. The intent of this regulation is also to ensure that the brightness of the screen does not cause a nuisance by casting light onto residential properties. Staff is of the opinion that the reduced setback proposed by the applicant is sufficient because the automatic changing copy is oriented at a 90 -degree angle away from the nearest residential zone. This means the light cast by the automatic changing copy will not reach the front face of the nearest residential property. To ensure that the sign does not cause a nuisance, Staff is recommending a condition that the sign be turned off between the hours of 10:OOPM and 6:OOAM. Variance #2: The intent of Section 680.3.29 of the Sign By -Law that requires 23 metres between signs containing automatic changing copy and an intersection is to ensure that the sign does not cause a safety hazard by distracting motorists travelling through the intersection. Staff is recommending a condition that requires the messages on the sign to remain static for at least 6 seconds in order to mitigate any concerns of distraction. It is also noted that the City's Transportation Services reviewed the application and have no objections to the proposed location of the sign. Variance #3: The intent of Section 680.11.19 of the Sign By -Law that limits automatic changing copy to 30% of the sign area is to minimize potential impacts of the sign such as distraction and brightness, and to discourage digital screens that are excessively large. The Sign By -Law also states that properties with over 50 metres of lot width, such as this one, are permitted to have a sign area of up to 20 square metres. In this case, the proposed sign area is only 4.6 square metres, with an automatic changing copy area of 2.1 square metres. Therefore, staff is of the opinion that the proposed area of automatic changing copy on the sign meets the intent of the By -Law by minimizing impacts and limiting the sign area to an appropriate size for the neighbourhood and surrounding area. 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 sign variance provided a sign permit is obtained prior to erection Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: No comments. RECOMMENDATION That application SG 2019-004 requesting permission to replace the existing ground supported sign with an automatic changing copy located 24 metres from a residential zone rather than the required 100 metres; and, 2.6 metres away from a street intersection rather than the required 23 metres; and, having 44% of the sign area being automatic changing copy rather than the required maximum area of 30% be approved, subject to the following conditions: 1) That a sign permit is obtained from the Planning Division. 2) That messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3) That the automatic changing copy portion of the sign be turned off between the hours of 10:OOpm and 6:OOam. 4) That condition 1 shall be completed prior to September 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Juliane von Westerholt, B.E.S, MCIP, RPP Senior Planner Region of Waterloo February 1, 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.: D20-01/VAR KIT GEN 1-8 Re: Committee of Adjustment Meeting on February 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. SG 2019-003 — 151 Zeller Drive, Waterloo Region District School Board 2. SG 2019-004 — 222 Chandler Drive, City of Kitchener 3. A 2019-014 — 71 Heit Lane, 2103780 Ontario Inc. 4. A 2019-015 — 66 Mt. Hope Street, Marc Gibson & Vanessa Parks 5. A 2019-016 — 36 Gordon Avenue, David & Nancy Ashley 6. A 2019-017 — 6 Pequegnat Avenue, Jackman Property Holding 7. A 2019-018 — 396 Vanier Drive, Scott Davey 8. A 2019-019 — 396 Vanier Drive, Scott Davey 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. 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. DOCS: 2926476 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 Holly Dyson From: Andrew Herreman <aherreman@g rand river.ca > Sent: 08 February, 2019 11:12 AM To: Holly Dyson Subject: SG 2019-004 - 222 Chandler Drive Hi Holly, The Grand River Conservation Authority has no comments or concerns regarding application SG 2019-004 at 222 Chandler Drive. 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 www. g rand river. ca Staff Report R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner - 519-741-2200 ext. 7070 WARD: 10 DATE OF REPORT: February 8, 2019 REPORT NUMBER: DSD -19-035 SUBJECT: Application A2019-014 71 Heit Lane 2103780 Ontario Inc. Approve 2i �G U 81 O 74 �Z. 84 `\ 8D 228 58 57 \ g1� 98 ° frs cn�e "'t�h O of <s N 55 m R.cnds�i 6 i�,ce "d,,9aoo 1 P Subject Property — 71 Heit Lane Report: Relief is being sought from two sections of the Zoning By-law 85-1 to construct a new accessory building (garage) in a similar location as a previously existing accessory building (garage) which was removed. Staff Report Development Services Department KacikmR www.kitch ener. ca Specifically, the minor variance application is seeking; - Relief from Section 5.2 to permit a lot with frontage to a lane and to recognize the yard abutting a lane as the front yard, whereas frontage to a street is required and a front yard is adjacent to a street, - Relief from Section 16A.2 to legalize an existing deficient front yard setback from a lane of 0.9 metres whereas 3.0 metres is required, - Relief from Section 16A.2 to permit a side yard setback for the proposed building of 1.0 metre whereas 1.2 metres is required, and - Relief from Section 16A.2 to permit a rear yard setback for the proposed building of 1.89 metres whereas 3.0 metres is required. Planning Comments: The subject lands are designated as City Centre District in the City's Official Plan and identified within the Urban Growth Centre (UGC) Intensification Area on the Urban Structure Map. The planned function of the UGC is to accommodate a significant share of the Region's and City's future population and employment growth. Individual properties are designated depending on the intended design character, range of uses and densities deemed appropriate for achieving the overall planned function of the UCG. This City Centre District is characterized by several large office developments and by lot sizes and assemblies of lot sizes conducive to future large scale developments. On the edge of this District there are small areas with buildings that were originally constructed as single detached dwellings but over the years have been converted to mixed use, commercial or multiple residential uses. Pedestrian -friendly development is encouraged not only on King Street but on the side streets and public lanes. Where the City Centre District interfaces with other land use Districts, as is the case with the subject lands, the building facade heights may be limited at the street line on the City Centre District side of the street and additional height may be set back from the street line facade to promote compatibility of new development. The subject lands are zoned as Commercial Residential Zone (D-5) with Special Regulation 103R which permits a maximum Floor Space Ratio of 0.4. 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. General Intent of the Official Plan The requested variances meet the general intent of the Official Plan. The policies in the City Centre District anticipate redevelopment within the UGC through large scale lot assemblies and smaller infill development on public lanes. The proposed redevelopment of an accessory building for the existing studio is similar in scale to the previous building. The scale of the development is appropriate given the surrounding land use districts, specifically being on the boundary between the Innovation and City Centre Districts. The total Floor Space Ratio (FSR) is within the permitted range for these lands. 2. General Intent of the Zoning By-law The requested variance meets the general intent of the Zoning By-law. The front yard setback is to ensure that there is a consistent and sufficient street edge addressing a street. In this case, the built form along the lane varies as developments along the lane have occurred over time. The lane serves as both the primary and secondary accesses for properties within the block. The lane is the only access for the subject lands and Staff Report Development Services Department KacikmR www.kitch ener. ca functions as the street access. The existing building predates the current setback regulations and contributes to the varied nature of the built form along the lane. The side and rear yard setbacks are to ensure that any building is adequately setback from adjacent properties. The development and redevelopment of this block has occurred over several years and the surrounding properties have intensified requiring additional on- site parking. The subject lands are surrounding by parking areas and accessory buildings for neighbouring properties and the proposed separation resembles a similar built form of the previous building. The proposed accessory building is single storey and will be setback enough that it should not have any impacts on adjacent properties. 3. Is the Variance Minor? The requested variance is minor. The proposed variances are required to legalize an existing lot, to legalize an existing building, and to permit a new building in a similar location to a previous building. The variances for the frontage on the lane and reducing the existing front yard setback will allow the building which existed prior to the current zoning by-law to be legalized. 4. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The proposed accessory building is an accessory use to the existing studio. The site will be subject to site plan approval where further technical analysis will be undertaken. Photo 1: Existing "Studio" Building, 71 Heit Lane Staff Report Development Services Department i R www.kitch ener. ca 00 Photo 2: Location of New Accessory Building, 71 Heit Lane A site visit was undertaken on February 8, 2019. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the new detached garage is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: The Engineering Division has no objections to the proposed variance. Heritage Comments: The property municipally addressed as 71 Heit Lane is adjacent to the property municipally addressed as 42 Francis Street North, which is a listed property on the City's Municipal Heritage Register. Heritage Planning staff is of the opinion that the minor variance application will not adversely impact the listed heritage property. As such, Heritage Planning staff has no concerns. Staff Report Development Services Department KacikmR www.kitch ener. ca Environmental Planning Comments: Environmental Planning Staff has no comments on the proposed application. Tree management and storm water management issues are addressed as part of the site plan approval process. RECOMMENDATION: That Application A2019-014 requesting relief from Section 5.2 to permit a lot with frontage to a lane and to recognize the yard abutting a lane as the front yard, whereas frontage to a street is required and a front yard is adjacent to a street, and requesting relief from Section 16A.2 to legalize an existing deficient front yard setback from a lane of 0.9 metres whereas 3.0 metres is required, and requesting relief from Section 16A.2 to permit a side yard setback for the proposed building of 1.0 metre whereas 1.2 metres is required, and requesting relief from Section 16A.2 to permit a rear yard setback forthe proposed building of 1.89 metres whereas 3.0 metres is required, be approved. Garett Stevenson, BES, MCI P, RPP Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo February 1, 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.: D20-01/VAR KIT GEN 1-8 Re: Committee of Adjustment Meeting on February 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. SG 2019-003 — 151 Zeller Drive, Waterloo Region District School Board 2. SG 2019-004 — 222 Chandler Drive, City of Kitchener 3. A 2019-014 — 71 Heit Lane, 2103780 Ontario Inc. 4. A 2019-015 — 66 Mt. Hope Street, Marc Gibson & Vanessa Parks 5. A 2019-016 — 36 Gordon Avenue, David & Nancy Ashley 6. A 2019-017 — 6 Pequegnat Avenue, Jackman Property Holding 7. A 2019-018 — 396 Vanier Drive, Scott Davey 8. A 2019-019 — 396 Vanier Drive, Scott Davey 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. 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. DOCS: 2926476 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 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE February 8, 2019 YOUR FILE: See below Application for Minor Variance (Signs): SG 2019-003 151 Zeller Drive Applications for Minor Variance: A 2019-014 71 Heit Lane A 2019-015 66 Mt. Hope Street A 2019-016 36 Gordon Avenue A 2019-017 6 Pequegnat Avenue A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-007 396 Vanier Drive CC 2019 -001 -CC 2019-004 883 Doon Village Road 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 Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: I www.ki tch en er. ca Committee of Adjustment February 19th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Jenna Daum — Technical Assistant - 519-741-2200 ext.7760 9 February 11th, 2019 DSD -19-036 A2019-015 — 66 Mt. Hope Street Owner — Marc William Gibson & Vanessa Erin Parks Approve as AMENDED f' Subject Property Location Map: 66 Mt. Hope 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 66 Mt. Hope Street is zoned Residential Five (R-5) in Zoning By-law 85- 1 and is designated Low Rise Residential in the City's 1994 and 2014 Official Plans. City Planning staff conducted a site inspection of the property on January 21St. The property contains an existing single detached dwelling, with no legally established on site parking provided. It is noted that the house was built in 1929 when there was no minimum parking requirement. To allow parking on the property, the owner is requesting permission for the following variance to locate the required off-street parking space to be located 0.18 metres from the front lot line rather than the required 6.0 metres. Upon reviewing the file, staff noted that the variance for a second off-street parking space adjacent to the front stairs to be 2.3 metres wide by 5.5 metres in length rather than the required 2.6 metre width and 5.5 metre length is not required. Section 6.1.1.1 b)ii)g) of the Zoning By-law states that a lot which has a width of 10.40 metres or less, the driveway can be a maximum of 5.20 metres wide. Therefore, staff recommends that the application be amended to request only the parking space setback for the required parking space. View from Mt. Hope Street 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: General Intent of the Official Plan 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/duplex dwellings, is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. The requested variances are appropriate and would continue to maintain the low density character of the property and surrounding neighbourhood and therefore meets the general intent of the Official Plan. General Intent of the Zoning By-law The requested variance to locate the required parking space 0.18 metres from the front lot line, whereas 6 metres is required, meets the general intent of the Zoning By-law. The intent of the 6.0 metre setback is to allow for a vehicle to be safely parked on a property without affecting the City right-of-way and surrounding properties. Because of the age and location of house it is not possible to meet the 6 metre setback. It is the opinion of both Planning and Transportation staff that the reduction in the parking setback for the first parking space 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. Minor Staff is of the opinion that requested variance for the required parking space is minor, as the approval of the location of the first parking space will not cause any significant impacts to the subject property or surrounding neighbourhood. Appropriate and Desirable 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 parking space will continue to provide a safe ingress and egress to the property without impacting the safety of the pedestrians on the sidewalk. Since the owners have sought approval for legalizing the required parking space on site, the driveway can be widened to a maximum width of 5.20 metres (Section 6.1.1.1 b)ii)g)) without requiring permission from the Planning Department. Based on the foregoing, Planning staff recommends that the variance requesting permission to locate the required off-street parking space to be located 0.18 metres from the front lot line rather than the required 6.0 metres, be approved, subject to the conditions outlined below in the Recommendation section of this report. Building Comments: No concerns with the requested variances. Transportation Services Comments: Transportation Services can support the variance of 5.82 metres reduction from the required 6.0 metres parking setback to provide a 0.18 metres parking setback. Engineering Comments: No concerns with the requested variances. Heritage Planning Comments: No concerns with the requested variances. Environmental Planning Comments: No concerns with the requested variances. RECOMMENDATION: That application A2019-015 (as amended) requesting permission for an existing single detached dwelling to have the required off-street parking space to be located 0.18 metres from the front lot line rather than the required 6 metres, be approved with the following conditions: That the existing asphalt on the left side of the house on 66 Mt Hope Street not be used as a driveway and be replaced with a decorative path along the right-of-way with the neighbouring property at 70 Mt Hope Street, thus ensuring they have continued access to their garage via the 0.70 metre Right -of -Way designated on 66 Mt Hope Street, and that the remaining asphalt be converted to a proposed garden as shown on the Site Plan included with the application; 2. A curb cut permit be obtained from Engineering Services; 3. That the Rogers box on the boulevard be relocated as per Rogers regulations; 4. That the above noted conditions 1 to 3 be fulfilled no later than August 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 Region of Waterloo February 1, 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.: D20-01/VAR KIT GEN 1-8 Re: Committee of Adjustment Meeting on February 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. SG 2019-003 — 151 Zeller Drive, Waterloo Region District School Board 2. SG 2019-004 — 222 Chandler Drive, City of Kitchener 3. A 2019-014 — 71 Heit Lane, 2103780 Ontario Inc. 4. A 2019-015 — 66 Mt. Hope Street, Marc Gibson & Vanessa Parks 5. A 2019-016 — 36 Gordon Avenue, David & Nancy Ashley 6. A 2019-017 — 6 Pequegnat Avenue, Jackman Property Holding 7. A 2019-018 — 396 Vanier Drive, Scott Davey 8. A 2019-019 — 396 Vanier Drive, Scott Davey 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. 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. DOCS: 2926476 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 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE February 8, 2019 YOUR FILE: See below Application for Minor Variance (Signs): SG 2019-003 151 Zeller Drive Applications for Minor Variance: A 2019-014 71 Heit Lane A 2019-015 66 Mt. Hope Street A 2019-016 36 Gordon Avenue A 2019-017 6 Pequegnat Avenue A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-007 396 Vanier Drive CC 2019 -001 -CC 2019-004 883 Doon Village Road 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. February 13, 2019 Holly Dyson Administrative Clerk I Legislated Services City of Kitchener Re: 66 Mt. Hope Street Minor Variance Application I am writing as a resident of Mt. Hope Street. I have concerns with the proposed minor variance application for 66 Mt. Hope Street. I understand that this application has been submitted after a stop work order was imposed on the residents for partially constructing a new driveway and parking pad including curb cuts without City permission. It is my understanding that these proposed works may not discussed with both of the neighbours on either side prior to construction. I have 2 primary concerns with the proposed minor variance application. The first is severe impacts to the tree on the adjacent property, 64 Mt. Hope Street and the second is the loss of on -street parking spaces. Tree Impacts It is my understanding that the City have different guidelines and policies to protect trees from development. I am not sure which of these documents may apply to an application to create additional parking spaces, however tree protection is universal in that trees require certain protection from and during construction activities without which they can die or decline and pose a hazard and liability. Through a previous work project, communications with City of Kitchener Urban Designer Lenore Ross indicated that the City typically recommends that the dripline of trees plus 1 additional meter is to be protected with tree protection fencing, as is described in the City of Kitchener Tree Management Policy (City of Kitchener, 2002), but that minor encroachments into this area may be accepted where deemed appropriate and not detrimental to the tree (Ross, Personal communication, October 20 2017). Many municipalities define Tree Protection Zones in which disturbance is prohibited. For example, the following is taken from the City of Guelph's Standard Specifications #31. Crrr OF GUELPH SS -31 SPECIFICATIONS FOR PLANTING OF TREES Tree Protection Zones The following is a chart showing minimum required distances for determining a Tree Protection .Zone: (TPZ) for City -awned trees located on a City Street, in parks and trees on private property_ Some trees and some site conditions may require a larger TP2. Tree Protection Zones; Trunk [Diameter (DEH)' Minimum Protection distances Requined2 City -owned and Private Trees Minimum Protection Distances Required Whichever of the two is greater: -10 cm 1.2 m The drip line°' or 1.2 m 103 — 29 cm 1.8 m The drip line cr 3.6 m 30-40 cm 2.4 m The drip line or 4.8 m 41 =50 cm 3A m The drip line or 6_0 m 51 —60 cm 3.6 m The drip line or 7.2 m 61 — 70 cm 4.2 m The drip line or 8.4 m 71 —80 cm 4.8 m The drip line or 9.6 m 81 —90 cm 5.4 m The drip line or 10.8 m 91 a 100 cm 6.0 m The drip line or 12.0 m X100 cm 6 cm protection for each 1 cm 12 cm protection for each 1 cm diameter or dri pline plus 1 meter° diameter or the drip lines 'Diameter at breast height (DEH) measurement of tree stem at 1.4 metres above the round. Tree Protection Zone distances are to be measured from the outside edge of the tree base. 21}iameter (10 cm) at which trees qualify for protection under the private tree by-law. "The drip line is defined as the area beneath the outer most branch tips of a tree_ sConverted from ISA Arborists' Certification Study Guide, general guideline for tree protection barriers of 1 foot of diameter from the stem for each inch of stem diameter flOr dripline plus 1 meter, whichever is greater Within a TPZ there must be: • no construction; • no altering of grade by adding fill, exeauaGng, trenching, scraping, dumping or disturbance of any kind. • no storage of construction materials, equipment, soil, construction waste or debris. • no disposal of any liquids e_g. concrete sleuth, gas, oil, paint. • no movement of vehicl es. equipment or pedestrians. • no parking of vehicles or machinerry_ + directional micro -tunnelling and boring may be permitted within the limits of a TPZ. • open face cuts outside a TPZ that are oonsistent with an approved plan and that require root pruning, require the services of a qualified arborist or approved tree professional. An exploratory dig, either by hand or using a low water pressure hydro vac method, must be completed prior to commencing with open face cuts outside the TPZ. PAGE 1 OF 2 The tree located at 64 Mt. Hope Street adjacent to the proposed parking spaces is characterized as follows: Norway Maple (Acer platanoides) 55cm Diameter -at -Breast -Height (DBH) Crown Radius 7.Om Condition — Fair to good No tree protection was implemented prior to the preliminary driveway excavations which were completed in December 2018. The attached Figure shows the tree crown as having a 7.Om radius (solid green line). Using the City of Guelph's Tree Protection Zones as an example, the minimum protection distance required would be 3.6m from the trunk (dashed green line). It is clear that the excavations have extended substantially inside this minimum protection zone. As an International Society of Arboriculture (ISA) Certified Arborist, the dripline of a tree is used as a surrogate measure of the root system which is typically located in the top 30 cm of soil. I routinely perform tree impact assessments for a variety of construction -related impacts. As a general rule of thumb, if 30% of the root system, as determined by the canopy is impacted, the tree is predicted to decline or die and is typically recommended for removal prior to construction. The attached figure identifies that the primary rooting area for this tree, which is comprised of the front yards, side yard and boulevard, totals 74M2. The excavations done in December removed 34M2 of this rooting area or roughly 45%. At the time I recommended to the tree owner that the roots severed and left exposed by the contractor be pruned back to the limit of excavation in accordance with Best Management Practices. This was done to mitigate further root damage and desiccation. Norway Maple are recognized as resilient trees capable of withstanding harsh urban environments. lam not predicting that this tree will necessarily die, but instead would suggest that if this rooting area was restored and if it received regular watering during the 2019 — 2021 growing seasons it would stand a reasonable chance to recover from the injuries resulting from the excavations. Alternatively, using the ISA's Tree Guide to Plant Appraisal, my co-worker who is an ISA Certified Tree Appraiser has done preliminary calculations to determine that the appraised value of this tree is $19,300 —this is a conservative valuation. My concern for the health of this tree is based on my appreciation for the trees in the urban area and what they contribute in terms of reducing stormwater run-off, minimizing heat island impacts and improving air quality. Our neighborhood has lost a substantial number of mature trees in the past decade as a result of ice storms and high wind events. As someone who works professionally with trees and municipalities to develop policies and management plans for the urban forest, I well -aware of the importance of protecting existing mature trees. I hope that through this process, steps can be taken to recover this tree to ensure its survival and contribution to our neighborhood. On -street Parking Evening and weekend parking spaces are limited on Mt. Hope Street. There were previously a maximum of 8 spaces on the block which has 16 houses. Beside residents and their friends and family, these spaces are routinely used by people going to Grand River Hospital and accessing services at the OATC clinic on Park Street. The curb cuts undertaken without permission have resulted in a loss of 2 of these spaces. Based on these 2 concerns I do not support the application for a minor variance to allow the 2 partially constructed parking spaces. I do recognize that parking is a challenge for the residents of 66 Mt. Hope Street, and wonder if they would consider restoring the one parking space closest to the tree and restoring the City curb in this location. This would effectively create an area where the tree could set new roots and restore 1 on -street parking space. I would suggest that a second parking space could possibly be achieved on the opposite side of the front walk in the vicinity of the pre-existing driveway that was removed in December. If additional curb cuts were needed at this location it would not reduce any on -street parking spaces. I respectfully submit this information to the Committee for their consideration of this matter on February 19, 2019. Sincerely, Mt. Hope Resident Encl. Figure 1 Tree Canopy Assessment Staff Report Development Services Department 1 R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: February 19, 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: 10 DATE OF REPORT: February 8, 2019 REPORT #: DSD -19-037 SUBJECT: A2019-016 — 36 Gordon Avenue Applicants — David & Nancy Ashley Approved with Conditions Location Map: 36 Gordon Avenue *** 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 36 Gordon Avenue is zoned Residential Five (R-5) with Special Use Regulation 129U, and designated Low Rise Conservation A in the Central Frederick Neighbourhood Secondary Plan of the City Official Plan. The applicant is requesting permission for an existing duplex to allow one of the required off-street parking spaces to be 2.6m by 4.6m rather than the permitted 2.6m by 5.5m, and to allow the parking space to encroach onto City lands. City Planning staff conducted a site inspection of the property on February 4, 2019. 36 Gordon 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. General Intent of Official Plan 1. The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Conservation A in the Central Neighbourhood Secondary Plan. The intent of this designation is to retain the existing low rise, low density residential character of the neighbourhood. The designation permits low density forms of housing such as duplex dwellings and encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested variance meets the general intent of the Zoning By-law. As there is not sufficient space, and safety concerns to park two vehicles in the rear yard, 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 the streetscape. The depth of the space will be 1.0 metre shorter that what is required. However there is still sufficient space between the property line and the sidewalk to accommodate a 1.0 metre encroachment in order for a standard residential vehicle to park without overhanging the sidewalk. As such, staff is satisfied the requested variance to reduce the parking space size to 4.6 x 2.6 metres meets the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that the 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 parking space will not change the appearance of the existing dwelling and will not impact the existing neighbourhood. Application in Appropriate 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. t 1 1 r j 1 � � t e." } t)F l+� i't k Location of proposed driveway and parking space I AL _tt'PrJLn IM.; I A-5 H r^'G i A s1E F� AUa T - t 1 1 r j 1 � � t e." } t)F l+� i't k Location of proposed driveway and parking space 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: Transportation Services will support the requested variance, provided that the applicant enters into an encroachment agreement with the city. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning staff has no concerns with this application. 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 and inventory. The CHLS was the first step of a phase Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 36 Gordon Avenue is advised that the property is located within the Central Frederick 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. RECOMMENDATION That minor variance application A2019-016 requesting permission for an existing duplex to have one of the required off-street parking spaces to be 2.6m by 4.6m rather than the permitted 2.6m by 5.5m, and to allow the parking space to encroach onto City lands, be approved subject to the following conditions: 1. The driveway be resurfaced with a consistent material to the satisfaction of the Director of Planning. 2. That grass be reinstated in the front yard area to the satisfaction of the Director of Planning. 3. A curb cutting permit for the driveway widening be issued by the Engineering Division of the City of Kitchener if required. 4. That the owner shall enter into an encroachment agreement for the parking space with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands. 5. That the above noted conditions shall be completed prior to October 31St, 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 Region of Waterloo February 1, 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.: D20-01/VAR KIT GEN 1-8 Re: Committee of Adjustment Meeting on February 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. SG 2019-003 — 151 Zeller Drive, Waterloo Region District School Board 2. SG 2019-004 — 222 Chandler Drive, City of Kitchener 3. A 2019-014 — 71 Heit Lane, 2103780 Ontario Inc. 4. A 2019-015 — 66 Mt. Hope Street, Marc Gibson & Vanessa Parks 5. A 2019-016 — 36 Gordon Avenue, David & Nancy Ashley 6. A 2019-017 — 6 Pequegnat Avenue, Jackman Property Holding 7. A 2019-018 — 396 Vanier Drive, Scott Davey 8. A 2019-019 — 396 Vanier Drive, Scott Davey 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. 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. DOCS: 2926476 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 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE February 8, 2019 YOUR FILE: See below Application for Minor Variance (Signs): SG 2019-003 151 Zeller Drive Applications for Minor Variance: A 2019-014 71 Heit Lane A 2019-015 66 Mt. Hope Street A 2019-016 36 Gordon Avenue A 2019-017 6 Pequegnat Avenue A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-007 396 Vanier Drive CC 2019 -001 -CC 2019-004 883 Doon Village Road 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 Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: REPORT Kix,\�R wwwkitchener. ca Committee of Adjustment February 19th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Junior Planner— 519-741-2200 ext. 7843 10 February 11th, 2019 DSD -19-038 A2019-017 — 6 Pequegnat Avenue Applicant — Dave Galbraith Recommendation: Approve with Conditions IIID y# ..- Location Map: 6 Pequegnat Avenue Planning Comments: The subject property located at 6 Pequegnat Avenue is zoned Residential Five Zone (R-5) in the Zoning By-law 85-1 with Special Use Provision 129U. The property is designated "Low Rise Conservation A" in the Central Frederick Secondary Plan in the 1994 Official Plan. Staff conducted a site inspection of the property on January 18th, 2019. *** 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 6.1.1.1(b)(iv) of the Zoning By-law to allow for a driveway to be located 7.6 metres from the intersection of the street lines abutting the lot, whereas 9 metres is required. The applicant is also requesting relief from Section 39.2.1 of the Zoning By-law to allow for a portion of the dwelling used to accommodate off-street parking to be located 4.5 metres from a street line whereas 6 metres is required. View of Existing Dwelling (January 18, 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. General Intent of the Official Plan 1. The requested variance meets the general intent of the Official Plan. The subject property is designated "Low Rise Conservation A" in the Central Frederick Secondary Plan in the 1994 Official Plan. This designation intends to preserve the scale, use and intensity of the existing neighbourhood. The applicant is proposing to construct a single detached dwelling, a use that is common in the neighbourhood. Staff believes that the scale and intensity of the proposed dwelling are also typical in the neighbourhood and therefore the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The requested variance meets the general intent of the Zoning By-law. The intent of the regulation that requires 9 metres between parking spaces and the intersection of street lines is to provide adequate visibility for motorists, cyclists and pedestrians turning at the intersection and to avoid conflicts from a driveway located too close to an intersection. In this situation, he proposed setback of 7.6 metres still ensures that the driveway will be outside of the Corner Visibility Triangle (CVT), so staff is satisfied that there will not be adverse visibility concerns. Staff also notes that there is a large boulevard grassed area approximately 3.4 metres wide between the street lines and the travelled portion of the road, which provides for additional buffer space contributing to safe and adequate visibility area. Transportation Staff has reviewed the application and has no concerns. Therefore, the requested variance can provide adequate visibility and therefore meets the general intent of the Zoning By-law. The intent of the regulation that requires a setback of 6 metres for portions of a dwelling that are used to accommodate off-street parking is to ensure that there is enough space to adequately park a car in the driveway and that the garage does not dominate the streetscape. In this situation, the garage portion of the dwelling will be setback 6 metres from the streetline on Pequegnat Avenue, which is where the driveway is located. Therefore, Staff is satisfied that the driveway parking space is adequate. The garage is proposed to be 4.5 metres away from the street line on Mansion Avenue, which is the exterior side yard. This portion of the property does not have a driveway or garage doors facing the street, so Staff believes it will function the same way the side of a dwelling would function, which are permitted to be 4.5 metres from the street line. Therefore, the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The proposed variances are considered desirable and appropriate for the development and use of the lands. The Central Frederick Neighbourhood contains many homes on compact lots with reduced setbacks that would not meet today's standards. The requested variances would fit in to the existing surrounding neighbouhood in terms of scale and form. Is the Variance Minor? 4. The variance is considered minor. The requested variances represent small reductions in the requirements and any potential impacts are considered minor by Staff. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the new single detached dwelling and is currently under review. Transportation Services Comments: Transportation Services has no concerns with a 1.4 metre reduction from the required 9.0 metre intersection setback to a driveway, to provide a 7.6 metre driveway setback. Heritage Planning Comments: Heritage Planning staff notes that the subject property is located adjacent to a Part IV designated heritage property municipally addressed as 1 Pequegnat Avenue. Heritage Planning staff is of the opinion that the minor variance application will not adversely impact the designated heritage property. As such, 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 6 Pequegnat Avenue is advised that the property is located within the Central Frederick 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. RECOMMENDATION That application A2019-017 requesting permission for a driveway to be located 7.6m from the intersection of Pequegnat Avenue and Mansion Street, whereas a setback of 9m is required; and, a northerly garage side wall to be located within 4.5m of the Mansion Street property line rather than the required 6m be approved. Eric Schneider, BES Junior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo February 1, 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.: D20-01/VAR KIT GEN 1-8 Re: Committee of Adjustment Meeting on February 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. SG 2019-003 — 151 Zeller Drive, Waterloo Region District School Board 2. SG 2019-004 — 222 Chandler Drive, City of Kitchener 3. A 2019-014 — 71 Heit Lane, 2103780 Ontario Inc. 4. A 2019-015 — 66 Mt. Hope Street, Marc Gibson & Vanessa Parks 5. A 2019-016 — 36 Gordon Avenue, David & Nancy Ashley 6. A 2019-017 — 6 Pequegnat Avenue, Jackman Property Holding 7. A 2019-018 — 396 Vanier Drive, Scott Davey 8. A 2019-019 — 396 Vanier Drive, Scott Davey 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. 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. DOCS: 2926476 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 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE February 8, 2019 YOUR FILE: See below Application for Minor Variance (Signs): SG 2019-003 151 Zeller Drive Applications for Minor Variance: A 2019-014 71 Heit Lane A 2019-015 66 Mt. Hope Street A 2019-016 36 Gordon Avenue A 2019-017 6 Pequegnat Avenue A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-007 396 Vanier Drive CC 2019 -001 -CC 2019-004 883 Doon Village Road 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 Development Services Department I K;< -,\FR www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Planner— 519-741-2200 ext. 7668 WARD: 9 DATE OF REPORT: February 12, 2019 REPORT #: DSD -19-039 SUBJECT: Application Nos.: B2019-005 and B2019-006 Address: 151 Wentworth Avenue Applicant: Jake Benjamins Owner: Benjamins Real Estate Holdings Inc. Summarized Recommendation: Defer to April 16, 2019 Meeting REPORT Planning Comments: The subject property is located near the terminus of Wentworth Avenue, in the Mill Courtland Woodside Park planning community. The property contains a duplex dwelling that was originally constructed as a single detached dwelling in approximately 1932. The property possesses a large, undeveloped southeasterly side yard. The surrounding neighbourhood is composed of mainly low density residential land uses, although there is a nearby 5 -storey apartment building. The lands immediately to the rear of the subject property are owned by the City and are used as a lawn bowling club. The subject property is *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan and is zoned Residential Five (R-5) in the Zoning By-law. Planning staff visited the site on January 30, 2019. The applicant is requesting consent to create a lot for a new duplex by severing the large, undeveloped southeasterly side yard. The retained lands would contain the existing duplex. Consent is also requested, for each resultant lot, to create shared driveway easements to allow both the existing and new duplexes to use a single driveway. Prior to submission, Planning staff identified that a minor variance application for each resultant lot would be required for a deficient side yard setback on the driveway side, and possibly for a deficient front yard setback related to the front porch of the existing duplex (retained lot only). Unfortunately, minor variance applications did not accompany the consent applications submission and it was confirmed through the consent applications review that minor variance applications would indeed be required to address the abovementioned zoning compliance issues. Planning staff reached out to the applicant on February 6, 2019 and re -confirmed above concerns and suggested that the applicant could request deferral in order to prepare and submit the above referenced minor variance applications. The applicant subsequently submitted the attached letter requesting deferral of the subject applications to the April 16, 2019 Committee meeting, to allow the submission of associated minor variance applications. On this basis, Planning staff recommends that all subject applications be deferred to the April 16, 2019 Committee of Adjustment meeting. RECOMMENDATION That Consent Applications B2019-005 and B2019-006, requesting consent to create a new lot and a shared driveway easements, be deferred to the April 16, 2019 Committee of Adjustment meeting. Andrew Pinnell, BES, MCIP, RPP Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Attachment: • Deferral request letter submitted by Applicant, dated February 8, 2019 BF iA INS I NC RFAi TY 519-575-9092 , www.BeniaminsRealty.com 26 River Valley Drive tirzcn!.ener, ON February 8, 2019 200 King Street West, Kitchener, ON N2G 4V6 City of Kitchener me_ l3 t Wetwol UN AveRue 7Qverdnce 1APPIrcdtion, The fetter is to serve as a format request to defer the consideration of the consent to sever and its applicable applications for 151 Wentworth Avenue, Kitchener until the April 16, 2019 Committee of Adjustment meeting. find 1 1 � f Please find attached with this email a cheque for the deferral fee of $725.00 per consent application, totalling $1450. Thanks and best regards. Mark Benjamins Broker, Benjamins Realty Inc. 4 Region of Waterloo File No. D20-20/19 KIT February 11, 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 Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2019-005 to 62019- 007 and CC 2019-001 to CC 2019-004 Committee of Adjustment Hearing February 19, 2019 CITY OF KITCHENER B2019-005 and B2019-006 151 Wentworth Avenue Mark and John Benjamins The owner/applicant is proposing a severance to create a new residential lot. An easement is required on the severed lands to provide shared driveway access for each lot. 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. 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. B2019-007 396 Vanier Drive Scott Davey The owner/applicant is proposing a severance to create a new residential lot. Document Number: 2928806 Version: 1 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. 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. CC2019-001 to C2019-004 883 Doon Village Road Robert and Alison LaFrance The owner/applicant is requesting permission to modify Condition 4 of the Decisions of Provisional Consent applications B2019-006 through B2018-009, to provide for the conditions outlined in the modified subdivision agreement to be cleared prior to deed endorsement rather than one year from the date of the decision. Regional staff has no objection to the subject applications. 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: 2928806 Version: 1 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE February 8, 2019 YOUR FILE: See below Application for Minor Variance (Signs): SG 2019-003 151 Zeller Drive Applications for Minor Variance: A 2019-014 71 Heit Lane A 2019-015 66 Mt. Hope Street A 2019-016 36 Gordon Avenue A 2019-017 6 Pequegnat Avenue A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-007 396 Vanier Drive CC 2019 -001 -CC 2019-004 883 Doon Village Road 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: Hall, Charleyne <charleyne.hall@bell.ca> Sent: 04 February, 2019 11:15 AM To: Holly Dyson Subject: 519-19-118 - Consent Application B2019-005 - 151 Wentworth Avenue Good morning Holly, Bell Canada has no concerns with Application for Consent B2019-005 regarding 151 Wentworth Avenue. Thank you, Charleyne Hall External Liaison Bell Canada Right of Way P: 705-722-2264 F: 705-726-4600 1-888-646-4817 charleyne.hall(a)-bell.ca 140 Bayfield St. Floor 2 Barrie Ontario L4M 3B 1 Staff Repod Development Services Department I K;< -,\FR www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Planner— 519-741-2200 ext. 7668 WARD: 4 DATE OF REPORT: February 13, 2019 REPORT #: DSD -19-041 SUBJECT: Application Nos.: CC2019-001 through CC2019-004 Original Application. Nos.: B2018-006 through B2018-009 Address: 883 Doon Village Road Applicant: MHBC Planning Owners: Robert and Alison LaFrance Summarized Recommendation: Approve all Applications REPORT Planning Comments: The subject property is located at the south corner of Bechtel Drive and Doon Village Road in the Pioneer Park Planning Community. The property currently contains a single detached dwelling that fronts onto Doon Village Road, an accessory building formerly used as a Hog and Hen House that fronts onto Bechtel Drive, and another accessory building located behind the dwelling that is used as a garage. The property *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. possesses approximately 73.2 metres of frontage on Doon Village Road, 73.2 metres of frontage on Bechtel Drive, and an area of 5,350 square metres. The subject property is a protected heritage property as it designated under Part IV of the Ontario Heritage Act (see Heritage Comments, below). The property is designated Low Rise Residential in the 2014 Official Plan and is zoned Residential Four (R-4) in the Zoning By-law. Planning staff visited the property on January 30, 2019. Background.- On ackground.On April 17, 2018 the Committee approved, subject to conditions, Consent Applications B2018-006 through B2018-009, which requested consent create 4 new lots: • Lot 1 with an approximate lot width of 18.3 metres, a depth of 25.1 metres, and a lot area of 458 square metres; • Lot 2 with a lot width of 18.2 metres, a depth of 25.1 metres, and a lot area of 456 square metres; • Lot 3 with a lot width of 18.2 metres, a depth of 25.0 metres, and a lot area of 456 square metres; and • Lot 4 with a lot width of 18.5 metres, a depth of 25.0 metres, and a lot area of 462 square metres. The retained lot would contain the existing single detached dwelling and the accessory building used as a garage. The accessory building formerly used as a Hog and Hen House would be relocated to the retained lands. No minor variances were necessary to facilitate the creation of the lots. All 4 decisions were identical. Application-specific conditions were applied to require the owner to enter into a modified subdivision agreement with the City regarding heritage conservation matters, tree preservation, and urban design guidelines for proposed development (Condition #4). In addition, the Region requested a condition for an archaeological assessment report to be submitted to the satisfaction of the Ministry of Culture, Tourism, and Sport (Condition #5), among other conditions. Since that time, the owners have been progressing through the archaeological assessment condition. In terms of logistics, the owners are seeking to fulfill this condition before all others, since decisions regarding other conditions hinge on the outcome of the archaeological study. Furthermore, the condition requiring the modified subdivision agreement with the City contains within it timelines that the applicant is not able to fulfill prior to the completion of the archaeological assessment. The owners have stated that in order to adequately and thoroughly complete the archaeological assessment and other conditions, more time is necessary. Requested Change of Condition: Accordingly, the owners are now requesting the subject Change in Conditions Applications in order to extend the timelines related to the conditions. The proposal, and the purpose of the original conditions, are not proposed to change in any way. The original consent applications continue to remain approved and the subject applications do not invite a revisitation of the merits of the proposal. The Planning Act allows for consideration of adjustments to the conditions. Notice of such applications is not required under the Planning Act. Specifically, the owners are requesting: 1. Condition 4A: To change the milestone within the modified subdivision agreement, required to the satisfaction of the City, which currently states that the owner must fulfill the following conditions "Prior to February 20, 2019 (i.e., within 1 year of the date of decision)": submit a scoped Conservation Plan, submit a letter prepared by a qualified building mover, submit an updated Structural Engineers Report, and submit Tree Preservation Plans. After discussing the matter with Planning staff, the owners are in agreement with changing this milestone to "4A. Prior to Endorsement of Deeds associated with consent applications B2018- 006, B2018-007, B2018-008, and B2018-009 and prior to the fulfillment of the 4B conditions." This will ensure that 4A conditions are fulfilled prior to 4B conditions, which is important from a logistics point of view. 2. Condition 413: To change the milestone within the modified subdivision agreement required to the satisfaction of the City, which currently states that the owner must fulfill the following conditions "Prior to Endorsement of the Deeds associated with consent applications B2018-006 to B2018-009 or February 20, 2020, whichever shall occur first": submit Urban Design Guidelines, enter into a Heritage Covenant Agreement, document the Hog and Hen House, etc. After discussing the matter with Planning staff, the owners are in agreement with changing this milestone to "4B. Prior to Endorsement of the Deeds associated with consent applications B2018- 006, B2018-007, B2018-008, and B2018-009." This will ensure that all 4B conditions are fulfilled before the proposed lots are created. As a result of the above changes, all consent conditions, including Condition #5 (i.e., archaeological assessment), must be fulfilled one year from the date the notice of decision is mailed for the subject Change of Conditions Applications, in accordance with the Planning Act regulations, being approximately March 29, 2020. This represents an extension to fulfill conditions since the original approvals required all conditions to be fulfilled one year from the date the notices of decision were mailed for the original applications, in accordance with the Planning Act regulations, being April 27, 2019. Planning staff consulted Cultural Heritage Planning staff and Region staff (i.e., those City staff and Regional staff responsible for recommending the original conditions in question) and confirmed that there are no concerns with the requested timeline extension for the conditions in question. Cultural Heritage Planning staff commented further that the extension will in no way compromise the cultural heritage value of the property or have adverse impact on the identified heritage attributes of the property. Based on the foregoing, Planning staff recommends that all subject applications be approved, subject to the revised conditions outlined in the Recommendation section of this report. Regional Municipality of Waterloo Comments: The owner/applicant is requesting permission to modify Condition 4 of the Decisions of Provisional Consent applications B2019-006 through B2018-009, to provide for the conditions outlined in the modified subdivision agreement to be cleared prior to deed endorsement rather than one year from the date of the decision. Regional staff has no objection to the subject applications. Cultural Heritage Planning Comments: The property municipally addressed as 883 Doon Village Road is a protected heritage property as it is designated under Part IV of the Ontario Heritage Act. A Heritage Impact Assessment (HIA), prepared by MHBC Planning dated January 2018, was submitted in relation to Committee of Adjustment application B2018-006 to B2018-009. The HIA concluded that the existing designating by-law should be amended to reflect a revised list of heritage attributes and to reflect the revised legal description of the retained lands. The HIA also concluded that the preferred conservation option includes the relocation of the Hog and Hen House to the retained lands. The HIA was approved by the Director of Planning on January 29, 2018. The consent conditions were prepared to ensure the conservation of the Benjamin Burkholder House, Hog and Hen House and views to the primary facade of the Benjamin Burkholder House as part of redevelopment and site alteration. In general, the consent conditions address the following: submission, review and approval of a scoped Conservation Plan; submission, review and approval of an updated Structural Engineers Report; submission, review and approval of a letter from a qualified building mover; submission, review and approval of Urban Design Guidelines, including the review and approval of building elevations prior to issuance of building permits; entering into a Heritage Covenant Agreement addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House, including associated Letter of Credit to ensure implementation; preparation of measured drawings of the Hog and Hen House; and amending the designating by-law to reflect the revised list of heritage attributes. Given that the intent and purpose of the conditions is not proposed to change, Heritage Planning staff has no concerns with the application for change of conditions to extend the timelines related to the conditions. The additional time required to fulfill the conditions will not compromise the cultural heritage value of the property or have adverse impact on the identified heritage attributes of the property. RECOMMENDATION That Condition 4A of Decisions B2018-006, B2018-007, B2018-008, and B2018-009, dated April 17, 2018, be changed to the following (changed text is bolded, underlined, and italicized): 4. That the Owner enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the severed and retained lands. Said agreement shall include the following special conditions: A. Prior to Endorsement of Deeds associated with consent applications B2018-006, B2018-007, B2018-008, and B2018-009 and prior to the fulfillment of the 4B conditions: That the SUBDIVIDER shall submit and receive approval of a scoped Conservation Plan in accordance with the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, to the satisfaction of the CITY's Director of Planning. The scoped Conservation Plan will include direction on the conservation works that must be undertaken prior to, during and after the Hog and Hen House is relocated, including repairs and supports recommended by the SUBDIVIDERS's consulting engineer and qualified building mover. That the SUBDIVIDER shall submit and receive approval of a letter prepared by a qualified building mover, to the satisfaction of the CITY's Director of Planning, confirming that the Hog and Hen House can be moved. iii. That the SUBDIVIDER shall submit and receive approval of an updated Structural Engineers Report, to be coordinated with both the scoped Conservation Plan and letter from a qualified building mover, to the satisfaction of the CITY's Director of Planning. iv. That the SUBDIVIDER shall prepare a Tree Preservation Plan for each of the severed lots, and the retained lot, in accordance with the City's Tree Management Policy, each of which is to be approved by the City's Director of Planning. Such plans shall include, among other matters, retention of street trees along Bechtel Drive adjacent to the proposed lots, identification of proposed driveways, proposed building envelopes / work zones, landscaped areas, proposed additional street trees, and vegetation to be preserved. That Condition 4B of Decisions B2018-006, B2018-007, B2018-008, and B2018-009, dated April 17, 2018, be changed to the following (changed text is bolded, underlined, and italicized): 4. That the Owner enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the severed and retained lands. Said agreement shall include the following special conditions: B. Prior to Endorsement of the Deeds associated with consent applications 62018- 006, B2018-007, B2018-008, and B2018-009: The SUBDIVIDER shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, to the satisfaction of the CITY's Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City's Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City's 2014 Official Plan. Further, the approved Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. The SUBDIVIDER shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House and to facilitate the taking of a letter of credit or other like security in a form and content satisfactory to the CITY's Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House, in accordance with the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the SUBDIVIDER's consulting engineer and qualified building mover, to the satisfaction of the CITY's Director of Planning. Further, the SUBDIVIDER shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the CITY's Solicitor, in consultation with the CITY's Director of Planning. The CITY agrees that the Heritage Covenant Agreement may be removed from title at the SUBDIVIDER's expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House and following the adoption of the updated designating by-law for 883 Doon Village Road both to the satisfaction of the CITY's Director of Planning. iii. The SUBDIVDER agrees to document and provide measured drawings of the Hog and Hen House to the satisfaction of the CITY's Director of Planning. iv. The SUBDIVIDER agrees to retain a qualified building mover to relocate the Hog and Hen House on to the retained lands, to the satisfaction of the CITY's Director of Planning and the CITY's Chief Building Official. V. The SUBDIVIDER shall obtain a building permit to relocate the Hog and Hen House from the City's Building Division and actually relocate said building as part of this milestone, to the satisfaction of the CITY's Director of Planning and the CITY's Chief Building Official. vi. That the SUBDIVIDER make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to both the severed and retained lands. This will include, but not be limited to, the extension of storm sewer(s). vii. That the SUBDIVIDER obtain a certificate of approval for sewage works from the Ministry of Environment and Climate Change, in accordance with Section 53 of the Ontario Water Resources Act, for the extension of the municipal storm sewer along Bechtel Drive, to the satisfaction of the City's Director of Engineering Services. viii. That the SUBDIVIDER prepare a servicing plan showing outlets to the municipal servicing system for the severed and retained parcels to the satisfaction of the City's Engineering Division. ix. That the SUBDIVIDER complete and submit the Development and Reconstruction As - Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City's to the Engineering Division. X. That the SUBDIVIDER make arrangements financial or otherwise for the relocation of any existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department and agency. A. That the SUBDIVIDER make financial arrangements to the satisfaction of the City's Engineering Services and Operations Division for the installation, to City standards, of paved driveway ramps on the severed lands and the retained lands. xii. That the SUBDIVIDER remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City's Planning Division. Furthermore, the SUBDIVIDER shall install anew driveway on the retained lands, connecting Doon Village Road to the existing detached garage at the rear of the property. Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP Planner Senior Planner Attachment- • Committee of Adjustment Decisions B2018-006, B2018-007, B2018-008, and B2018-009 Region of Waterloo File No. D20-20/19 KIT February 11, 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 Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2019-005 to 62019- 007 and CC 2019-001 to CC 2019-004 Committee of Adjustment Hearing February 19, 2019 CITY OF KITCHENER B2019-005 and B2019-006 151 Wentworth Avenue Mark and John Benjamins The owner/applicant is proposing a severance to create a new residential lot. An easement is required on the severed lands to provide shared driveway access for each lot. 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. 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. B2019-007 396 Vanier Drive Scott Davey The owner/applicant is proposing a severance to create a new residential lot. Document Number: 2928806 Version: 1 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. 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. CC2019-001 to C2019-004 883 Doon Village Road Robert and Alison LaFrance The owner/applicant is requesting permission to modify Condition 4 of the Decisions of Provisional Consent applications B2019-006 through B2018-009, to provide for the conditions outlined in the modified subdivision agreement to be cleared prior to deed endorsement rather than one year from the date of the decision. Regional staff has no objection to the subject applications. 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: 2928806 Version: 1 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE February 8, 2019 YOUR FILE: See below Application for Minor Variance (Signs): SG 2019-003 151 Zeller Drive Applications for Minor Variance: A 2019-014 71 Heit Lane A 2019-015 66 Mt. Hope Street A 2019-016 36 Gordon Avenue A 2019-017 6 Pequegnat Avenue A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-007 396 Vanier Drive CC 2019 -001 -CC 2019-004 883 Doon Village Road 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.