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HomeMy WebLinkAboutCA - 2019-03-19COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:01 a.m. Present: Mr. B. McColl - Vice -Chair Ms. J. Meader Mr. M. Kidd Mr. S. Hannah Officials: Ms. J. von Westerholt, Senior Planner Mr. S. Ryder, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk The Vice -Chair explained the Committee of Adjustment is considered a Standing Committee of City Council and the Decisions rendered this date with respect to sign/fence variances are recommendations to City Council and not a final decision. He advised the Committee's recommendations will be forwarded to City Council on Monday, April 1, 2019 at 7:00 p.m. and applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS: SIGN APPLICATIONS 1. Submission No.: SG 2019-005 Applicant: The First Reformed Church of Kitchener Property Location: 1275 Bleams Road Legal Description: Part Lot 3, Plan 1471 Appearances: In Support: D. Ouellette Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing sign with a ground -supported sign having automatic changing copy that is 38% of the sign face rather than the permitted maximum 30%; and, to be located 34m from a residential zone rather than the required 100m. The Committee considered Development Services Department report DSD -19-050 dated March 7, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2019, advising they have no concerns with this application. Mr. D. Ouellette was in attendance on behalf of the applicant in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt stated it was her understanding that while the vacant land opposite the subject property will be developed in the future, development is not imminent. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of FIRST CHRISTIAN REFORMED CHURCH OF KITCHENER requesting permission to replace an existing sign with a ground -supported sign having automatic changing copy that is 38% of the sign area rather than the maximum permitted 30%; and, to be located 34m from a residential zone rather than the required 100m, on Part Lot 3, Plan 1471, 1275 Bleams Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 - 9 - CITY OF KITCHENER 1. Submission No.: SG 2019-005 (Cont'd) 2. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 10:00 p.m. and 6:00 a.m. 3. That the above noted Condition 1 shall be completed prior to October 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. It is the opinion of this Committee that: 1. The variances approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried 2. Submission No.: SG 2019-006 Applicant: Huron Crossing Developments Inc. Property Location: 1415 Huron Road Legal Description: Part Lot 153, German Company Tract Appearances: In Support: A. Vandersluis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to install a ground -supported sign having automatic changing copy located 30m from a residential zone rather than the required 100m; having automatic changing copy that is 50% of the sign face rather than the permitted maximum 30%; and, to have third party advertising on the sign whereas the By-law does not permit third party advertising. The Committee considered Development Services Department report DSD -19-051 dated March 8, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2019, advising the plan submitted with the application shows the signs located just along the property line. Noting it must be ensured by the proponent that the signs, including their foundation, must be located entirely on private property. Mr. A. Vandersluis was in attendance in support of the subject application and staff recommendation. He noted an addressing error in the staff report and confirmed the subject property is municipally addressed as 1415 Huron Road. He requested, due to businesses within the plaza remaining open beyond 10:00 p.m., that the Committee give consideration to amending Condition 2 of the staff report to allowthe automatic changing copy portion of the sign to remain on until 12:00 a.m. rather than 10:00 p.m. Mr. Vandersluis stated the sign contains a dimming feature for night-time use, adding the proposed sign will be located perpendicularto the residential property across the street. In response to questions, he advised the third -party advertising is intended for the development across the street fronting onto West Oak Trail. In response to questions, Ms. von Westerholt stated the applications are circulated to the Region of Waterloo and they have not identified concerns with the sign placement due to the roundabout. COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 _10- CITY OF KITCHENER 2. Submission No.: SG 2019-006 (Cont'd) In response to further questions, Mr. Vandersluis advised the static portion of the sign is permitted to stay lit for the entire evening. Ms. J. Meader stated in light of the information from the applicant on the ability to dim the sign in the evening, she would be willing to consider amending Condition 2 to 12:00 a.m. Several members expressed support for the times indicated in the staff recommendation. The Chair suggested, and it was agreed, that an additional condition be included in the Committee's decision restricting third -party advertising to tenants of the properties municipally addressed as 1415 Huron Road and the property directly to the north of 1415 Huron Road (corner of West Oak Trail and Fischer Hallman Road). Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of HURON CROSSING DEVELOPMENTS INC. requesting permission to install a ground -supported sign having automatic changing copy located 30m from a residential zone rather than the required 100m; having automatic changing copy that is 50% of the sign face rather than the permitted maximum 30%; and, to have third party advertising on the sign whereas the By-law does not permit third party advertising, on Part Lot 153, German Company Tract, 1415 Huron Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 10:00 p.m. and 6:00 a.m. 3. That third -party advertising shall be restricted to tenants of 1415 Huron Road and the property directly to the north (corner of West Oak Trail and Fischer Hallman Road). 4. That the above noted Condition 1 shall be completed prior to December 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. It is the opinion of this Committee that: 1. The variances approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried 3. Submission No.: SG 2019-007 Applicant: Vesterra 540 Bingemans Inc. Property Location: 540 Bingemans Centre Drive Legal Description: Level 1, Unit 1 and Common Elements, Waterloo Condo Plan 535 Appearances: In Support: S. Patterson Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 - 11 - CITY OF KITCHENER 3. Submission No.: SG 2019-007 (Cont'd) The Committee was advised the applicant is requesting permission to install a ground -supported sign located 30m from another ground -supported sign on the subject property rather than the required 50m; and, located 28m from another ground -supported sign on an adjacent property rather than the required 50m distance separation. The Committee considered Development Services Department report DSD -19-052 dated March 7, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2019, advising they have no concerns with this application. Mr. S. Patterson was in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of VESTERRA 540 BINGEMANS INC. requesting permission to install a ground -supported sign located 30m from another ground -supported sign on the subject property rather than the required 50m; and, located 28m from another ground -supported sign on the subject property rather than the required 50m distance separation, on Level 1, Unit 1 and Common Elements, Waterloo Condo Plan 535, 540 Bingemans Centre Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain sign permits from the Planning Division. 2. That the above noted Condition 1 shall be completed prior to October 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. It is the opinion of this Committee that: The variances approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:23 a.m. Dated at the City of Kitchener this 19th day of March, 2019 Dianna Saunderson Secretary -Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:24 a.m. Present: Mr. B. McColl - Vice -Chair Ms. J. Meader Mr. M. Kidd Mr. S. Hannah Officials: Ms. J. von Westerholt, Senior Planner Mr. S. Ryder, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. M. Kidd Seconded by Mr. S. Hannah That the regular minutes of the Committee of Adjustment meeting held February 19, 2019, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2019-020 Applicant: Godia Investment Inc. Property Location: 650, 656 and 664 King Street East Legal Description: Subdivision of Lot 2 and Lots 75, 76 & 77, German Company Tract Appearances: In Support: O. Abo Nassar Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert an existing commercial/residential building into a medical office having parking located 3m from the street line abutting King Street East ratherthan the required 4.5m setback; and, to have a 0.5m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. The Committee considered Development Services Department report DSD -19-053 dated March 8, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2019, advising they have no concerns with this application. Mr. O. Abo Nassar was in attendance in support of the subject application and staff recommendation. Regarding questions related to the site plan, he noted site drawings and engineering plans have been submitted to fulfill Site Plan conditions. He stated there were three buildings on the site when the subject property was purchased, adding through the building permit process, one building was demolished to provide additional parking. In response to questions, Mr. S. Ryder stated Transportation Planning had no concerns with the subject application encroaching into the DVT. Ms. J. von Westerholt noted an existing condition on the subject property is being recognized through the subject application. COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -56- CITY OF KITCHENER 1. Submission No.: A 2019-020 (Cont'd) In response to questions regarding the requested encroachment, Ms. J. von Westerholt confirmed the encroachment is an existing condition and staff have no objections to the subject application. She further advised any conditions related to a Tree Preservation Plan would be addressed through the Site Plan Approval process. Moved by Mr. M. Kidd Seconded by Ms. J. Meader That the application of GODIA INVESTMENT INC. requesting permission to convert an existing commercial/residential building into a medical office having parking located 3m from the street line abutting King Street East rather than the required 4.5m setback; and, to have a 0.5m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Subdivision of Lot 2 and Lots 75, 76 & 77, German Company Tract, 650, 656 and 664 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That the owner shall obtain a demolition permit and demolition control exemption prior to the demolition of the existing structure. 3. That the owner shall obtain Zoning (Occupancy) Certificates from the Planning Division to establish the Health Office uses on the property. 4. That the owner shall ensure all above noted conditions are completed prior to March 1, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 2. Submission No.: A 2019-021 Applicant: Philip Servos Property Location: 859 Queens Boulevard Legal Description: Lot 1, Registered Plan 230 Appearances: In Support: P. Servos Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a one -storey garage in the rear of an existing single detached dwelling having the required off-street parking space to be located 0.91 m from the street line abutting Spadina Road rather than the required 6m. COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -57- CITY OF KITCHENER 2. Submission No.: A 2019-021 (Cont'd) The Committee considered Development Services Department report DSD -19-054 dated March 11, 2019, recommending approval of this application as amended, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2019, advising they have no concerns with this application. Mr. P. Servos was in attendance in support of the subject application and staff recommendation. Mr. S. Hannah stated information included with the subject application indicates an encroachment into the Driveway Visibility Triangle (DVT). He noted no one was in attendance this date in opposition to the subject application, adding the applicant's intentions were clearly advertised with regards to the construction of a new garage. Mr. Hannah suggested, and it was agreed, that the application should be amended to include an additional variance for the encroachment into the DVT. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of PHILIP SERVOS requesting permission to construct a one -storey garage in the rear of an existing single detached dwelling having the required off-street parking space to be located 0.91 m from the street line abutting Spadina Road rather than the required 6m; and, having an encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Lot 1, Registered Plan 230, 859 Queens Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall submit a curb cutting permit application to the satisfaction of the Engineering Services Division. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 3. Submission No.: A 2019-022 Applicant: 2522935 Ontario Inc. Property Location: 312 Rivertrail Avenue Legal Description: Lot 93, Registered Plan 58M-605 Appearances: In Support: P. Ha Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway to be located 7.93m from the intersection of Rivertrail Avenue and Grand Flats Trail rather than the required 9m. COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -58- CITY OF KITCHENER 3. Submission No.: A 2019-022 (Cont'd) The Committee considered Development Services Department report DSD -19-055 dated March 7, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2019, advising they have no concerns with this application. Mr. P. Ha was in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of 2522935 ONTARIO INC. requesting permission to construct a single detached dwelling having a driveway to be located 7.93m from the intersection of Rivertrail Avenue and Grand Flats Trail rather than the required 9m, on Lot 93, Registered Plan 58M-605, 312 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 4. Submission No.: A 2019-023 Applicant: Killam Properties S.G.P. Limited Property Location: 79, 83, 87 Scott Street; 66, 68, 82 Weber Street East; and, 15, 25, 29 Pearl Place Legal Description: Lots 17 & 19 and Part of Lots 10-16, Registered Plan 406 and Part of Lot 4, East Side of Frederick Street and Part of Lot 28, West Side of Lancaster Street, Registered Plan 364 and all of Lots 1 and 2, Reaistered Plan 175 Appearances In Support: D. Aston L. Vacondio Z. Mijatovic Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an 11 -storey 171 - unit mixed -used building having a building height of 39.2m rather than the maximum 33m; having a rear yard setback of 3.3m rather than the required 7.5m; having a reduced residential parking rate for units larger than 51 sq.m. at 0.96 spaces/per-unit rather than the required 1.25 spaces/per- unit (139 off-street parking spaces/145 residential units); having a reduced restaurant parking rate of 1 space per 9.5 sq.m. of Gross Floor Area (GFA), rather than the required 1 space per 7.5 sq.m. of GFA; and, to permit the required landscape buffer along Pearl Place to have a minimum width of 2.6m whereas the By-law requires a width of 3m. COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -59- CITY OF KITCHENER 4. Submission No.: A 2019-023 (Cont'd) The Committee considered Development Services Department report DSD -19-056 dated March 10, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2019, advising they have no concerns with this application. Mr. D. Aston was in attendance in support of the subject application and staff recommendation. He circulated site plan drawings and building renderings, noting the development has received Site Plan Approval and construction is anticipated to begin in 2020. In response to questions, Mr. Aston noted the Transportation Demand Management (TDM) measures indicated in the staff report are a result of discussions with staff, noting there are no concerns with the conditions as outlined in the staff report. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of KILLAM PROPERTIES S.G.P. LTD. requesting permission to construct an 11 -storey 171 -unit mixed -used building having a building height of 39.2m rather than the maximum 33m; having a rear yard setback of 3.3m rather than the required 7.5m; having a residential parking rate for units larger than 51 sq.m. of 0.96 (139 off-street parking spaces) spaces per-unit rather than the required 1.25 spaces/per-unit (181 off-street parking spaces); having a restaurant parking rate of 1 space per 9.5 sq.m. of Gross Floor Area (GFA) (30 off- street parking spaces), rather than the required 1 space per 7.5 sq.m. of GFA (37 off-street parking spaces); and, to permit the required landscape buffer along Pearl Place to have a minimum width of 2.6m whereas the By-law requires a width of 3m, on Lots 17 & 19 and Part of Lots 10-16, Registered Plan 406 and Part of Lot 4, East Side of Frederick Street and Part of Lot 28, West Side of Lancaster Street, Registered Plan 364 and all of Lots 1 and 2, Registered Plan 175, 79, 83, 87 Scott Street; 66, 68, 82 Weber Street East; and, 15, 25, 29 Pearl Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall ensure Site Plan Application SP18/108/W/BB receives full and final approval to the satisfaction of the Manager of Site Development and Customer Service. 2. That the owner shall agree to implement the following Transportation Demand Management (TDM) measures to the satisfaction of the Director of Transportation: • TDM Measure 131 - 85 bicycle spaces beyond the minimum required. • TDM Measure B4 - Provision of 1 ride share space (Priority Car Pool Spaces). • TDM Measure B5 - Provision of active uses at -grade along street frontages. • TDM Measure B7 - building owner/occupant agrees to charge for parking as a separate cost to occupants. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -60- CITY OF KITCHENER 5. Submission No.: A 2019-024 Applicant: 2249429 Ontario Inc. Property Location: 51 Benton Street Legal Description: Part Lot 26, Plan 111 Appearances: In Support: O. Abo Nassar Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission legalize an existing 2 -storey building having 29 off-street parking spaces rather than the required 79 spaces for 1,380 sq.m. of Gross Floor Area (GFA) for a plaza. The second storey is currently vacant and being repurposed for medical office use. The Committee considered Development Services Department report DSD -19-057 dated March 11, 2019, recommending deferral of the subject application to the April 16, 2019 meeting to allow time for Planning staff to review materials related to the updated Transportation Study. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2019, advising they have no concerns with this application. The Chair suggested, and it was agreed, that this application be adjourned to the April 16, 2019 Committee of Adjustment meeting to allow staff time to review the Transportation Study. 6. Submission No.: A 2019-025 Applicant: 793366 Ontario Limited Property Location: 25 Bruce Street Legal Description: Part Lot 55, Plan 763 and Part Lot 6, Plan 764, being Parts 1 & 2 on Reference Plan 58R-1017 Appearances: In Support: M. Sheedy Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission legalize a convenience retail use having 572 sq.m. Gross Floor Area (GFA) rather than the maximum GFA of 225 sq.m.; and, to have landscape buffers along Victoria Street North of 2m and 1.524 along Bruce Street whereas the By-law requires a 3m landscape buffer. The Committee considered Development Services Department report DSD -19-058 dated March 13, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2019, advising they have no concerns with this application. Mr. M. Sheedy was in attendance in support of the subject application and staff recommendation, noting the application is intended to legalize what is in existence this date. In response to questions, it was suggested and agreed by staff and the applicant, that the timeline proposed in Condition 2 be amended to June 19, 2019, rather than March 19, 2020. Moved by Ms. J. Meader Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -61- CITY OF KITCHENER 6. Submission No.: A 2019-025 (Cont'd) That the application of 793366 ONTARIO INC. requesting permission to allow a maximum gross leasable convenience commercial retail outlet to be 572 sq.m. Gross Floor Area (GFA) rather than the maximum permitted GFA of 225 sq.m.; and, to have landscape buffers along Victoria Street North of 2m and 1.524 along Bruce Street whereas the By-law requires a 3m landscape buffer; and, to allow aisles giving direct access to abutting parking spaces to be located less than 30 from the streetline whereas the By-law requires 3m., on Part Lot 55, Plan 763 and Part Lot 6, Plan 764, being Parts 1 & 2 on Reference Plan 58R-1017, 25 Bruce Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain an Occupancy Certificate for the new convenience commercial space (Dutchie's Fresh Market). 2. That the above noted Condition 1 be completed prior to June 19, 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 this condition will result in this approval becoming null and void. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried CONSENT APPLICATIONS: Submission No.: B 2019-008 Applicant: V & S Developments Limited Property Location: 50 and 52 Breckenridge Drive Legal Description: Lot 12, Registered Plan 1307 Appearances: In Support: L. Vasek Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land municipally addressed as 52 Breckenridge Drive will have a width of 9.168m, an average depth of 40.07m and an area of 367 sq.m. The retained land municipally addressed as 50 Breckenridge Drive will have a width of 9.150m, an average depth 38.08m and an area of 349 sq.m. The Committee considered Development Services Department report DSD -19-059 dated March 8, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 12, 2019, advising they have no objection to this application, subject to the following condition: COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -62- CITY OF KITCHENER 1. Submission No.: B 2019-008 (Cont'd) 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Committee was in receipt of comments from Bell Canada dated March 1, 2019, regarding easements on the subject property. Ms. L. Vasek was in attendance in support of the subject application and staff recommendation. The comments from the Region of Waterloo were acknowledged and the Committee agreed to include their requested condition as part of the Committee's decision this date. Moved by Mr. S. Hannah Seconded by Ms. J. Meader That the application of V & S DEVELOPMENTS LTD. requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land municipally addressed as 52 Breckenridge Drive will have a width of 9.168m, an average depth of 40.07m and an area of 367 sq.m. The retained land municipally addressed as 50 Breckenridge Drive will have a width of 9.150m, an average depth 38.08m and an area of 349 sq.m., on Lot 12, Registered Plan 1307, 50 and 52 Breckenridge Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 19, 2021. Carried COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -63- CITY OF KITCHENER 2. Submission No.: B 2019-009 Applicants: Calin and Adriana Pele Property Location: 500 Karn Street Legal Description: Part Lot 13, Plan 793 Appearances: In Support: A. Galloway Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 10.211m, a depth of 41.6m and an area of 439.5 sq. m. The retained land will have a width of 10.211 m, a depth of 42.2m and an area of 439.3 sq. m. Both lots are intended for residential use; the existing dwelling will be demolished. The Committee considered Development Services Department report DSD -19-060 dated March 1, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 12, 2019, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Mr. A. Galloway was in attendance in support of the subject application and staff recommendation. Moved by Mr. M. Kidd Seconded by Mr. S. Hannah That the application of CALIN and ADRIANA PELE requesting permission to sever a parcel of land having a width of 10.211m, a depth of 41.6m and an area of 439.5 sq.m., on Part Lot 13, Plan 793, 500 Karn Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication in the amount of $4,692.00. 4. That the owners shall submit a Demolition Control Application. 5. That the owners shall submit a Demolition Building Permit. 6. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of any new service connections to the severed and/or retained lands. 7. That the owners shall 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. COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -64- CITY OF KITCHENER 2. Submission No.: B 2019-009 (Cont'd) 8. That the owners shall ensure any new driveways are 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 Services Division. 9. That the owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. 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 Services Division prior to severance approval. 11. That the owners shall provide Engineering Services staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owners would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 12. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That the owners shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and 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 owners further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 13. That the owners shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 19, 2021. Carried COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -65- CITY OF KITCHENER 3. Submission No.: B 2019-010 Applicants: Raymond and Sharon Bonnell Property Location: 50 Roos Street Legal Description: Part of Biehn's Unnumbered Tract, being Part 1 on Reference Plan 58R-19138 Appearances: In Support: R. Bonnell Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 13.7m, a depth of 58.9m and an area of 823 sq. m. to be conveyed as a lot addition to the property municipally addressed as 56 Roos Street. The Committee considered Development Services Department report DSD -19-061 dated March 8, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 12, 2019, advising they have no objection to this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated March 11, 2019, advising although they have no objection to the subject application, they noted the subject lands contain valley slopes and erosion hazards associated with the Grand River. The subject lands are also within the regulated allowance adjacent to the slope hazards and a wetland. As such, a permit from GRCA will be required prior to any proposed future development, as per Ontario Regulation 150/06. Mr. R. Bonnell was in attendance in support of the subject application and staff recommendation. In response to questions, he stated his neighbour wished to add the severed parcel to his property for his use. Mr. S. Hannah noted in previous applications similar in nature, there were additional conditions imposed regarding consolidation of the Parcel Identification Numbers (PIN) at the Land Registry Office (LRO). He questioned whether similar conditions should be imposed through this decision. Ms. D. Saunderson noted consolidating the PINs at the LRO is not an onerous process, adding it would ensure the severed parcel would have the same PIN as the lotto which it is being conveyed. At the request of Mr. Hannah, it was suggested and agreed, to include the necessary conditions related to the PIN consolidation. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of RAYMOND and SHARON BONNELL requesting permission to sever a parcel of land having a width of 13.7m, a depth of 58.9m and an area of 823 sq. m. to be conveyed as a lot addition to the property municipally addressed as 56 Roos Street, on Part of Biehn's Unnumbered Tract, being Part 1 on Reference Plan 58R-19138, 50 Roos Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -66- CITY OF KITCHENER 3. Submission No.: B 2019-010 (Cont'd) 3. That the owner shall ensure the lands to be severed be added to the abutting lands (municipally addressed as 56 Roos Street) and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an application to consolidate parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered application to consolidate parcels to the City Solicitor following registration. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 19, 2021. Carried Ms. J. Meader left the meeting at this time. COMBINED APPLICATIONS: Submission Nos.: B 2019-007, A 2019-018 & A 2019-019 Applicant: Scott Davey Property Location: 396 Vanier Drive Legal Description: Lot 8, Plan 812 Appearances: In Support: L. Quaile Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 12.50m, a depth of 24.38m and an area of 304.75 sq.m. The retained lot will have a width on Siebert Drive of 21.028m, a depth of 24.384m and an area of 512.46 sq. m. Permission is also being requested to allow the severed lot to have a front lot width of 12.5m rather than the required 13.7; and, a lot area of 304.75 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 3.76m rather than the required 7.5m. Both lots are intended for residential use. The Committee considered Development Services Department report DSD -19-062 dated March 5, 2019, approval of these applications, subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -67- CITY OF KITCHENER 1. Submission No.: B 2019-007, A 2019-018 & A 2019-019 (Cont'd) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 12, 2019, advising they have no objection to application B 2019- 007, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2019, advising they have no concerns with applications A 2019-018 and A 2019-019. The Committee was in receipt of comments from Bell Canada dated February 1, 2019, regarding access to existing facilities on the subject property. Mr. L. Quaile was in attendance on behalf of the property owner in support of the subject application and staff recommendation. He questioned whether the condition related to the Tree Preservation Plan needed to be applied to the severed lot, noting there were no trees on the proposed property. Ms. J. von Westerholt stated the condition would be cleared prior to the lot being severed, noting at this time the property is one parcel. She advised that if there are no trees on the newly proposed lot, the condition should not be onerous to clear. The Chair noted comments from Bell Canada, stating after a discussion with staff the Committee is not required to impose any conditions related to their request. Submission No.: B 2019-007 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of SCOTT DAVEY requesting 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., on Lot 8, Plan 812, 396 Vanier Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That Minor Variance Applications A 2019-018 and A 2019-019 receive full and final approval. 4. That the owner shall obtain a building permit for the removal of the attached garage on the retained property. 5. That following the demolition of the attached garage the owner shall obtain a curb cutting permit and a construct 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. 6. 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: COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -68- CITY OF KITCHENER 1. Submission No.: B 2019-007, A 2019-018 & A 2019-019 (Cont'd) 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. 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. 7. That the owner shall 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. 8. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 9. That the owner shall 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 the owner shall ensure any new driveways are 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 Services. 11. That the owner shall 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 Services prior to severance approval. 13. That the owner shall provide Engineering Services 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 14. That the owner shall: a. complete a building code assessment, prepared by a qualified designer, to confirm that the proposed property line and any of the building adjacent to this new property line comply with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall 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. obtain a building permit for any remedial work/ upgrades required by the building code assessment. 15. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -69- CITY OF KITCHENER 1. Submission No.: B 2019-007, A 2019-018 & A 2019-019 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 19, 2021. Carried Submission No.: A 2019-018 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of SCOTT DAVEY requesting permission to allow the "severed lot" (as outlined in Consent Application B 2019-007) to have a lot width of 12.5m rather than the required 13.7; and, a lot area of 304.75 sq. m. rather than the required 411 sq. m., on Lot 8, Plan 812, 396 Vanier Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-019 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of SCOTT DAVEY requesting permission for the "retained lot" (as outlined in Consent Application B 2019-007) to have a rear yard setback of 3.76m rather than the required 7.5m, on Lot 8, Plan 812, 396 Vanier Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES MARCH 19, 2019 -70- CITY OF KITCHENER Submission No.: B 2019-007, A 2019-018 & A 2019-019 (Cont'd) Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried ADJOURNMENT On motion, the meeting adjourned at 10:47 a.m. Dated at the City of Kitchener this 19th day of March, 2019. Dianna Saunderson Secretary -Treasurer Committee of Adjustment