HomeMy WebLinkAboutDSD-19-062 - B 2019-007, A 2018-018 & A 2019-019 - 396 Vanier DrStaff Repod
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
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Committee of Adjustment
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www.kitchener. ca
March 19, 2019
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Craig Dumart, Junior Planner - 519-741-2200 ext. 7073
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March 5, 2019
DSD -19-062
APPLICATION #: B2019-007, A2019-018 & A2019-019
396 Vanier Drive
Applicant: Lee Quaile
Approve with Conditions
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Location Map: 396 Vanier Drive
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Severed Lands
Proposed lot fabrics
REPORT
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Planning Comments:
The subject property is designated Low Rise Residential in the City's 2014 Official Plan and
zoned Residential Three Zone (R-3) in Zoning By-law 85-1. The subject property is currently
developed with a single detached dwelling. The existing development of the neighbourhood
consists of a mix of single detached dwellings, and low-rise multiple dwellings. Lot sizes vary in
width, depth, and area in this nieghbourhood.
B2019-007 - The Owner is requesting permission to sever the subject lands into two lots with
the intent to develop the severed lands with a single detached dwelling. The severed lot would
have a lot width of 12.5 metres, a depth of 24.38metres, and an area of 304.75 square metres.
The retained lot would have a lot width of 21 metres, a depth of 24.38 metres, and an area of
512.467 square metres. In addition, the Owner has submitted the following minor variance
applications:
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A2019-018 (Severed Parcel) - The owner is requesting relief from Section 37.2.1 of the Zoning
By-law to permit a lot width of 12.5 metres, whereas the zoning by-law requires a minimum lot
width of 13.7 metres and requesting additional relief from Section 37.2.1 to permit a lot area of
304.75 square metres, whereas the zoning by-law requires a minimum lot area of 411 square
metres.
A2019-019 (Retained Parcel) - The owner is requesting relief from Section 37.2.1 of the Zoning
By-law to allow a rear yard setback of 3.76 metres rather than the required 7.5 metres for the
existing single detached dwelling on the retained lands.
City Planning staff conducted a site inspection of the property on January 18, 2019.
Existing single detached dwelling at 396 Vanier Drive
Consent Application — B2019-007
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning
Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. While the retained and severed lands require minor variances,
Planning staff is of the opinion that the size, dimension and shape of the proposed lots are
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suitable for the use of the lands and compatible with the surrounding community. The lands
front onto a public street and full municipal services are available.
The proposed lots conform to thh Official Plan. Both the retained and severed lots reflect the
general scale and character of the established development pattern of surrounding lands.
Based on the foregoing, Planning staff recommends that Consent Application B2019-007,
requesting consent to sever the subject property into two lots to be approved, subject to the
conditions listed in the Recommendation section of this report.
Minor Variance Application — A2019-018
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments:
1. Does the proposal maintain the general intent and purpose of the Official Plan?
The requested variances meet the 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. The 2014 Official Plan Designation is in effect, however a significant number
of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore
are not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from
the 1994 Official Plan which allows for low density forms of housing such as single
detached dwellings is being relied upon to determine whether the proposed variances meet
the general intent of the Official Plan. It is planning staff's opinion that the proposed
variance meets the general intent of the Official Plan which encourages a range of different
forms of housing to achieve a low density neighbourhood. The minor change to the lot area
and lot width will maintain the low density character of the property and surrounding
neighbourhood, which is characterized by a variety of lot sizes and built form options. The
proposed variances meet the general intent of the Official Plan.
2. Does the proposal maintain the general intent and purpose of the Zoning By-law?
The requested variances to permit reduced lot areas of 304.75 square metres whereas 411
square metres is required, and a reduced lot width of 12.5 metres whereas 13.7 metres is
required meets the general intent of the Zoning By-law. The purpose of the minimum 411
square metres lot area requirement and the minimum 13.7 metres lot width requirement is
to ensure the lot is of adequate size to support a building envelope and parking, as well as
to provide adequate amenity space on site. A concept sketch demonstrates that a future
single detached dwelling can meet all other zoning regulations with regards to setbacks,
parking, building height, lot coverage. As such, staff is satisfied the reduction of 101 square
metres from the lot area and reduction of 1.2 metres of the lot width meet the general intent
of the Zoning By-law.
3. Is the proposal desirable for the appropriate development or use of the land?
The requested variances are appropriate for the development and use of the land. The
development of these properties will be sympathetic to the surrounding area and bring a
new context -appropriate unit type to the neighbourhood.
4. Is the proposal minor?
The variances can be considered minor as the proposed single detached dwelling
reduced lot area and lot widths will not present any significant impacts to adjacent
properties or the overall neighbourhood. The proposed new single detached dwellings
use will provide a new housing form at a scale and density that is appropriate for the
context of the existing neighbourhood, which consists of single detached dwellings and
multiple dwellings.
Minor Variance Application — A2019-019
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments:
1. Does the proposal maintain the general intent and purpose of the Official Plan?
The requested variance meets the 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. The 2014 Official Plan Designation is in effect, however a significant number
of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore
are not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from
the 1994 Official Plan which allows for low density forms of housing such as single
detached dwellings is being relied upon to determine whether the proposed variances meet
the general intent of the Official Plan. It is planning staff's opinion that the proposed
variance meets the general intent of the Official Plan which encourages a range of different
forms of housing to achieve a low density neighbourhood. The minor change to the lot area
and lot width will maintain the low density character of the property and surrounding
neighbourhood, which is characterized by a variety of lot sizes and built form options. The
proposed variance meets the general intent of Official Plan.
2. Does the proposal maintain the general intent and purpose of the Zoning By-law?
The requested variance to reduce the rear yard setback from 7.5 metres to 3.76 metres
meets the general intent of the Zoning By-law. While the affected lot line is technically
considered the rear yard, it functions and looks like an interior side yard, where a lessor
setback is quite typical. The intent of this setback regulation is to provide appropriate
separation between buildings on neighbouring properties. In this case, because the
setback functions as a side yard, the appropriate setback is a side yard type of setback.
The proposed interior 5.0 metre side yard setback that functions as a rear yard is
sustainably wide and will provide sufficient and adequate amenity space as well as an
appropriate separation between the existing single detached dwelling on the retained lands
and the future dwelling on the severed lands. As such, staff is satisfied the request
variance meets the general intent of the Zoning By-law.
3. Is the proposal desirable for the appropriate development or use of the land?
The proposed variance is appropriate for the development and use of the land as the
proposed residential use is a permitted use in the Zoning By-law. The scale, massing and
height of the subject addition and will not negatively impact the existing character of the
subject property or surrounding neighbourhood.
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4. Is the proposal minor?
The reduction of the rear yard setback is considered minor. Staff is of the opinion that the
requested variance will continue to provide adequate amenity space and will not negatively
affect the adjacent properties or surrounding neighbourhood.
Based on the foregoing, Planning staff recommends that these applications 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 applications provided:
1) A qualified designer is retained to complete a building code assessment as it relates to the new
proposed property line and any of the building adjacent to this new property line shall addresses
such items as:
Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official.
Closing in of openings may be required, pending spatial separation calculation results.
2) A building permit shall be obtained for any remedial work/ upgrades required by the building
code assessment.
A separate building permit will be required for the removal of the attached garage on the retained
property. A separate building permit will be required for the construction of the new residential
building.
Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications
for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be
approved, additional services will be required for severed lot — a building permit will be required for
this work. Separate building permit(s) will also be required for the construction of any new
residential buildings
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
Standard condition on both the severed and retained lands to enter into an agreement to
complete Tree Preservation / Enhancement Plan prior to demolition of the attached garage or
construction of the new legal parking space.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new ones that may be required to service this property, all
prior to severance approval. Our records indicate sanitary, storm and water municipal
services are currently available to service this property. Any further enquiries in this
regard should be directed to Niall Melanson (519-741-2200 ext. 7133).
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• Any new driveways are to be built to City of Kitchener standards. All works is at the
owner's expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system and proposed
easements will be required to the satisfaction of the Engineering Division prior to
severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM
etc.) with corresponding layer names and asset information to the satisfaction of the
Engineering Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by
gravity to the street sewers. If this is not the case, then the owner would have to pump
the sewage via a pump and forcemain to the property line and have a gravity sewer from
the property line to the street.
Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel a new development
lot will be created. The cash -in -lieu dedication required is $5,750.00
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (12.5m) at a land value of $9,200 per frontage meter.
RECOMMENDATIONS:
That Application A2019-018, requesting relief from Section 37.2.1 of the Zoning By-law
to permit a lot width of 12.5 metres whereas the zoning by-law requires a minimum lot
width of 13.7 metres and requesting additional relief from Section 37.2.1 to permit a lot
area of 304.75 square metres for whereas the zoning by-law requires a minimum lot
area of 411 square metres be approved.
That Application A2019-019, requesting relief from Section 37.2.1 of the Zoning By-law
to allow a rear yard setback of 3.76 metres rather than the required 7.5 metres. be
approved.
III. That Application B2019-007, requesting consent to sever the subject property into two
lots be approved, subject to the following conditions:
That Minor Variance Applications A2019-018, & A2019-019 receive full and final
approval;
2. That the owner obtains a building permit for the removal of the attached garage on the
retained property.
3. That the following the demolition of the attached garage the owner obtains a curb
cutting permit and a constructs a legal parking space on the retained lands that meets
applicable Zoning Regulations to the satisfaction and approval of the City's Director of
Planning.
4. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of the
City's Revenue Division;
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5. That the owner shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on title of the severed and retained lands which shall
include the following:
a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the
severed and retained lands in accordance with the City's Tree Management
Policy, to be approved by the City's Director of Planning and where necessary,
implemented prior to any grading, tree removal or the issuance of building
permits. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and vegetation to be
preserved.
b) The owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City's Director
of Planning.
6. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $5,750.00. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage land
value for the severed portion.
7. That the owner provide a digital file of the deposited reference plan(s) prepared by an
That the owner shall provide a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either dwg (AutoCad) or .dgn
(Microstation) format, as well as two full sized paper copies of the plan(s). The digital
file needs to be submitted according to the City of Kitchener's Digital Submission
Standards to the satisfaction of the City's Mapping Technologist.
8. That the Owner make financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the severed
and/or retained lands.
9. That the owner make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, and a paved driveway ramp, on the severed lands and retained.
10. That any new driveways be built to City of Kitchener standards at the Owner's expense
prior to occupancy of the building to the satisfaction of the City's Engineering Division.
11. That the Owner provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
12. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing,
SWM etc.) with corresponding layer names and asset information to the satisfaction
of the Engineering Division prior to severance approval.
13. That the Owner provides Engineering staff with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case, then the
owner would have to pump the sewage via a pump and forcemain to the property line
and have a gravity sewer from the property line to the street
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14. a) That the owner shall complete a building code assessment, prepared by a qualified
designer, to confirm that the proposed property line and any of the building adjacent to
this new property line comply with the Ontario Building Code, to the satisfaction of the
City's Chief Building Official. The assessment shall addresses items such as, but not
limited to, spatial separation of existing buildings' wall face, and shall include
recommendations such as closing in of openings pending spatial separation calculation
results.
b) A building permit shall be obtained for any remedial work/ upgrades required by the
building code assessment.
15. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
Craig Dumart, BES, MCIP, RPP
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
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Region of Waterloo
File No. D20-20/19 KIT
March 12, 2019
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
B2019-007
396 Vanier Drive
Scott Davey
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.regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications B2019-007 to
B2019-010
Committee of Adjustment Hearing March 19, 2019
CITY OF KITCHENER
The owner/applicant is proposing a severance to create a new residential 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.
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.
Environmental Noise:
The proposed development is not considered to be impacted by noise as the proposed
severed and retained lots are more than 130 metres away from Courtland Avenue
Document Number: 2954765 Version: 1
(RR#53) and the CN Railway mainline / yard. Noise would be mitigated by the
intervening land uses. A noise study is not required for the proposed application.
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.
B2019-008
50 and 52 Breckenridge Drive
V and S Developments Limited
The owner/applicant is proposing to split an existing semi-detached dwelling into two
parts.
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.
Environmental Noise:
The proposed development is not considered to be impacted by noise as the proposed
severed and retained lots are more than 100 metres away from River Road East. Noise
would be mitigated by the intervening land uses. A noise study is not required for the
proposed application.
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.
B2019-009
500 Karn Street
Calin and Adriana Pele
The owner/applicant is proposing to split an existing parcel. The existing residence and
garage are to be removed and a new residential dwelling will be constructed on each
parcel.
Document Number: 2954765 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.
Environmental Noise:
The proposed development is not considered to be impacted by noise as the proposed
severed and retained lots are located about 77 metres away from Westmount Road
(RR#50). Noise would be mitigated by the intervening land uses between the proposed
development and the road. A noise study is not required for the proposed application.
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.
B2019-010
50 Roos Street
Raymond and Sharon Bonnell
The owner/applicant is proposing to severance at 50 Roos Street to facilitate a lot
addition to 56 Roos Street.
Regional staff has no objection to the subject application.
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof. Please accept this letter as our request for a copy of the staff
reports, decisions and minutes pertaining to each of the consent applications noted
above. Should you require Regional Staff to be in attendance at the meeting or have
any questions, please do not hesitate to contact the undersigned.
Yours truly,
/M, Me k-
Matthew Colley
Planner
Document Number: 2954765 Version: 1
Region of Waterloo
February 27, 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, Sth 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.: D17-40/VAR KIT GEN
/58 KIT, Gary Bromberg (2)
Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have following comments:
1.
SG 2019-005
— 1275 Bleams Road — No Concerns.
2.
SG 2019-006
— 1415 Huron Road — The plan shows the signs located just along
the property line.
It must be ensured by the proponent that the signs including
their foundation must be located entirely on private property.
3.
SG 2019-007
— 540 Bingemans Centre Drive — No Concerns.
4.
A 2019-018 —
396 Vanier Drive — No Concerns.
5.
A 2019-019 —
396 Vanier Drive — No Concerns.
6.
A 2019-020 —
604-656 King Street East — No Concerns.
7.
A 2019-021 —
859 Queen's Boulevard — No Concerns.
8.
A 2019-022 —
312 River Trail Avenue — No Concerns.
9.
A 2019-023 —
79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29
Pearl Street—No Concerns.
10.
A 2019-024 —
51 Benton Street — No Concerns.
11.
A 2019-025 —
25 Bruce Street — No Concerns.
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.
Document Number: 2944634
Page 1 of 2
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
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: March 8, 2019 YOUR FILE: See below
RE: Application for Minor Variance (Signs):
SG 2019-005 1275 Bleams Road
SG 2019-006 1415 Huron Road
SG 2019-007 540 Bingemans Centre Drive
Applications for Minor Variance:
A 2019-018
396 Vanier Drive
A 2019-019
396 Vanier Drive
A 2019-020
650-664 King Street East
A 2019-021
859 Queens Boulevard
A 2019-022
312 Rivertrail Avenue
A 2019-023
79-87 Scott Street, 66-82 Weber Street East &
A 2019-024
51 Benton Street
A 2019-025
25 Bruce Street
Applications for Consent:
B 2019-007 396 Vanier Drive
B 2019-008 50 & 52 Breckenridge Drive
B 2019-009 500 Karn Street
GRCA COMMENT*:
15-29 Pearl Place
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, CPT
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.
Bell Canada
Right of Way
Floor 2, 140 Bayfield Street
Barrie, Ontario
L4M 3131
February 1, 2019
City of Kitchener
200 King Street West
Kitchener, Ontario
N2G 4G7
E-mail Only: Holly Dyson — holly.dyson @ kitchener.ca
Subject: Application for Consent B2019-007
396 Vanier Drive
Kitchener
Bell File: 519-19-119
Tel: 705-722-2264
Fax: 705-722-2263
E-mail: charleyne.hall@bell.ca Bdi
Thank you for your correspondence dated February 1, 2019.
Subsequent to review by our local engineering department, Bell Canada has identified that we require protection for
existing facilities.
On the attached sketch, the red line indicates the approximate location of active, critical infrastructure. Located on
the property of 396 Vanier Drive, Bell Canada's facilities provide essential access to the network. Of major concern is
the ability to access our equipment, particularly in the event of an interruption or emergency that would require Bell
Canada to restore service to regular telephone lines, alarm services, internet access, and most importantly ensure
the continuity of 911 service.
Bell Canada requests a 3m wide strip to measure 1.5m on either side of the buried installation to extend from the
buried cable to a minimum of 1 m past any existing installations, as reasonably permitted. In regards to the buried
plant, it may be necessary for a surveyor to arrange for a cable locate to identify its precise location.
Since the easement is required to protect the integrity of the existing facilities and preserve many services, we
request that the cost associated with registration be the responsibility of the landowner.
We hope this proposal meets with your approval and request a copy of the decision. Should our request receive
approval, we look forward to the owner's solicitor contacting us with a draft reference plan and accompanying draft
easement documents for our approval prior to registration, along with an acknowledgement and direction for our
execution.
If you have any questions or concerns, please feel free to contact me.
Sinc .rely, Pa#
r"'
Vharleyne Hall
Right of Way Associate
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