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HomeMy WebLinkAboutCA - 2019-04-16COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:12 a.m. Present: Mr. D. Cybalski - Chair Mr. B. McColl Ms. J. Meader Mr. S. Hannah Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk Ms. C. Owen, 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 29, 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 2019-008 Applicant: City of Kitchener Property Location: 72 Wilson Avenue Legal Description: Blocks B, D, E & Part Block A, Plan 1007, Part Lot 26, Plan 765 Appearances: In Support: M. Torres Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy that is 51 % of the sign area rather than the 30% permitted maximum. The Committee considered Development Services Department report DSD -19-076 dated April 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 April 2, 2019, advising they have no concerns with this application. Ms. M. Torres was in attendance in support of the subject application and staff recommendation. The Chair suggested, and it was agreed, that a condition be included in the Committee's decision this date requiring the sign to be located outside the Driveway Visibility Triangle (DVT). It was further suggested, and agreed, that a condition be included in the Committee's decision requiring the sign to be generally as per the drawings submitted with the application. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of CITY OF KITCHENER requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy that is 51% of the sign area rather than the 30% permitted maximum, on Blocks B, D, E & Part Block A, Plan 1007, Part Lot 26, Plan 765, 72 Wilson Avenue, 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 APRIL 16, 2019 -13- CITY OF KITCHENER Submission No.: SG 2019-008 (Cont'd) 2. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 12:00 a.m. and 6:00 a.m. 3. That the owner shall ensure the sign is located outside the Driveway Visibility Triangle (DVT), to the satisfaction of the Director of Transportation Planning. 4. That the owner shall ensure the sign is generally as per the drawings submitted with the application. 5. That the owner shall complete Condition 1 prior to August 16, 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 variance approved in this application is 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 10:13 a.m. Dated at the City of Kitchener this 16th day of April, 2019 Dianna Saunderson Secretary -Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:05 a.m. Present: Mr. D, Cybalski - Chair Mr. B. Cybalski Ms. J. Meader Mr. S. Hannah Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Mr. E. Schneider, Junior Planner Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk Ms. C. Owen, Administrative Clerk MINUTES Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the regular minutes of the Committee of Adjustment meeting held March 19, 2019, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE APPLICATION: 1. Submission No.: A 2019-024 Applicant: 2449427 Ontario Inc. Property Location: 51 Benton Street Legal Description: Lot 39, Registered Plan 394 Appearances: In Support: O. Abo Nassar S. Hasan Z. Jaber Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to 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 April 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. Messrs. O. Abo Nassar, S. Hasan and Z. Jaber were in in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt stated the parking rate was determined as a result of the site having three or more separate businesses, with 70% of the rate being calculated at the health office split and 30% at the plaza rate. She noted the traffic engineering report validated the parking rate, which staff support due to the site's close proximity to the downtown. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -72- CITY OF KITCHENER Submission No.: A 2019-024 (Cont'd) The Chair requested, and it was agreed, that Condition 1 of staff's recommendation be revised to include the words "for parking use" to ensure all on-site parking spaces would be restricted to parking use throughout the year rather than storage (i.e. snow). Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of 2449427 ONTARIO INC. requesting permission to 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) where the second storey is currently vacant and being repurposed for medical office use, on Lot 39, Registered Plan 394, 51 Benton Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall provide an updated Site Plan to include the installation of three (3) additional secure bicycle parking spaces. 2. That the owner shall ensure that all on-site parking spaces are available for parking use at all times. 3. That the above noted 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 completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 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 This meeting recessed at 10:11 a.m. and reconvened at 10:14 a.m. with all members present, Chaired by Mr. D. Cybalski. NEW BUSINESS MINOR VARIANCE APPLICATIONS: Submission No.: A 2019-026 Applicant: Suncor Energy Products Partnership Property Location: 607 Victoria Street North Legal Description: Part Lot 52, Plan 763 Appearances: In Support: E. Partito Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -73- CITY OF KITCHENER 1. Submission No.: A 2019-026 (Cont'd) The Committee was advised the applicant is requesting permission to legalize an existing gas station having a front yard setback of 3.1 m rather than the required 6m; and, a side yard abutting Victoria Street North to have a setback of 3. Om rather than the required 6m. The Committee considered Development Services Department report DSD -19-077 dated April 5, 2019, recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 2, 2019, advising they have no concerns with this application. Mr. E. Partito 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 ofSUNCOR ENERGY PRODUCTS PARTNERSHIP requesting permission to legalize an existing gas station having a front yard setback of 3m rather than the required 6m; and, a side yard abutting a street to have a setback of 3.Om rather than the required 6m, on Part Lot 52, Plan 763, 607 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. The owner shall receive final approval of Site Plan Application SP19/015/V/LT. 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 2019-029 Applicant: Dino and Aleksandra Lopes Property Location: 150 Eaglecrest Street Legal Description: Lot 131, Registered Plan 58M-512 Appearances: In Support: D. Lopes Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to legalize a second storey enclosed balcony in the rear yard of an existing single detached dwelling having a rear yard setback of 3.73m rather than the required 5.73m. The Committee considered Development Services Department report DSD -19-080 dated April 8, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 2, 2019, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -74- CITY OF KITCHENER 2. Submission No.: A 2019-029 (Cont'd) Mr. D. Lopes was in attendance in support of the subject application and staff recommendation The Chair requested, and it was agreed, that a condition be included in the Committee's decision this date requiring the owner to apply for a building permit prior to July 1, 2019. Ms. J. Meader stated it appeared from the photos provided within the staff report that the rear yard addition projects beyond the second floor balcony. She questioned whether the recommendation should include approval for the rear yard setback for the addition as well as the second floor balcony. Ms. J. von Westerholt advised she was in support of Ms. Meader's suggestion to clarify the staff recommendation related to the balcony and the addition. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of DINO and ALEKSANDRA LOPES requesting permission to legalize an addition with second storey balcony in the rear of an existing single detached dwelling having a rear yard setback of 3.73m rather than the required 5.73m, on Lot 131, Registered Plan 58M- 512, 150 Eaglecrest Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall apply for a building permit prior to July 1, 2019, to the satisfaction of the Chief Building Official. 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 2019-030 Applicant: Stephanie Wright Property Location: 176 Woolwich Street Legal Description: Part Lot 60, German Company Tract Appearances: In Support: S. Wright C. McCue Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an addition in the side yard of an existing single detached dwelling having a southerly side yard setback of 1.2m rather than the required 7.5m; and, to have a lot width of 52.5m rather than the required 60m. The Committee considered Development Services Department report DSD -19-081 dated April 5, 2019, recommending approval of this application. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -75- CITY OF KITCHENER 3. Submission No.: A 2019-030 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 2, 2019, advising they have no concerns with this application, subject to the condition outlined in the Report. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated April 8, 2019, advising although they have no objection to the subject application, they noted the subject lands contain wetlands and the regulated allowance adjacent to the wetlands. They further noted the proposed addition is setback from the wetlands and they do not anticipate any negative impacts to wetlands as a result of the proposed development. Any future development on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. Ms. S. Wright and Mr. C. McCue were in attendance in support of the subject application and staff recommendation. The Chair requested, and it was agreed, that a condition be included in the Committee's decision this date requiring the owner to make satisfactory financial arrangements to the Grand River Conservation Authority (GRCA) for their application plan review fee. Ms. J. von Westerholt stated staff requested a Tree Preservation Plan be included in the Committee's decision this date to ensure existing trees on the subject property would not be impacted by development. She noted without the requested Plan, staff would not have the ability to mitigate impact to the trees by development to the site. Several members expressed concerns related to the wording of the proposed Tree Preservation Plan condition, noting the lot is large and the proposed condition may be onerous. Mr. S. Hannah questioned whether an amendment to the tree preservation condition should require a scoped plan. It was suggested, and agreed, that Condition 1 of the staff recommendation be amended to require the applicant to complete a scoped Tree Preservation Plan in the area related to the proposed addition that would take into consideration the drip line of existing trees. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of STEFANIE WRIGHT requesting permission to construct an addition in the side yard of an existing single detached dwelling having a southerly side yard setback of 1.2m rather than the required 7.5m; and, to have a lot width of 52.5m rather than the required 60m, on Part Lot 60, German Company Tract, 176 Woolwich Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall prepare a scoped Tree Preservation Plan for the area in relation to the proposed addition, which shall include consideration for the existing trees and their drip lines, in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning. 2. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. 3. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the required application plan review fee. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -76- CITY OF KITCHENER 3. Submission No.: A 2019-030 (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 4. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Written Submissions A 2019-031 24 Gaukel GP Inc. 24 Gaukel Street Lot 46 and Part Lots 47 & H. Price None None ,FURY&I Carried The Committee was advised the applicant is requesting permission for a mixed-use high-rise building under construction to have a parking rate of 0.95 space per unit (for dwelling units larger than 51.0 sq. m. in size) rather than the required 1.0 parking space per unit. The Committee considered Development Services Department report DSD -19-082 dated April 4, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 2, 2019, advising they have no concerns with this application. Ms. H. Price was in attendance in support of the subject application and staff recommendation. In response to questions, Mr. D. Seller confirmed a parking justification study was previously completed for the subject property. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of 24 GAUKEL GP INC. requesting permission for a mixed-use high-rise building under construction to have a parking rate of 0.95 space per unit (for dwelling units larger than 51.0 sq. m. in size) rather than the required 1.0 parking space per unit, on Lot 46 and Part Lots 47 & 93, Plan 375, 24 Gaukel Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 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 APRIL 16, 2019 -77- CITY OF KITCHENER 5. Submission No.: A 2019-032 Applicant: Kingswood Drive Kitchener GP Inc. Property Location: 262-286 Kingswood Drive Legal Description: Part Blocks C & H, Plan 1335, being Parts 1 & 4 on Reference Plan 58R-3754 Appearances: In Support: V. Labreche D. Mackay Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for a multi -residential development to have a visitor parking rate of 0.1 space per unit (36 visitor off-street parking spaces) whereas the By-law requires 20% of the required parking spaces (86 visitor off-street parking spaces) for multiple dwellings having more than 60 units. The Committee considered Development Services Department report DSD -19-083 dated April 4, 2019, recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 2, 2019, advising they have no concerns with this application. Mr. V. Labreche was in attendance in support of the subject application and staff recommendation. Mr. D. Seller confirmed he has reviewed the parking justification study and is in support of the staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of KINGSWOOD DRIVE KITCHENER GP INC. requesting permission for a multi -residential development to have a visitor parking rate of 0.1 space per unit (8% of the required parking/36 visitor off-street parking spaces) whereas the By-law requires 20% of the required parking spaces (86 visitor off-street parking spaces) for multiple dwellings having more than 60 units, on Part Blocks C & H, Plan 1335, being Parts 1 & 4 on Reference Plan 58R-3754, 262-286 Kingswood Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit a Site Plan application to re -delineate the parking spaces. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -78- CITY OF KITCHENER 6. Submission No.: A 2019-033 Applicant: Actva Holdings Inc. Property Location: 306 Field Sparrow Crescent Legal Description: Lot 9, Registered Plan 58M-552 Appearances: In Support: P. Florica Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway located 7.1m from the intersection of Field Sparrow Crescent and Falconridge Drive rather than the required 9m; and, to allow an encroachment of 0.4m into the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT. The Committee considered Development Services Department report DSD -19-084 dated April 8, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 2, 2019, advising they have no concerns with this application. Mr. P. Florica was in attendance in support of the subject application and staff recommendation. He stated he was in agreement with the proposed amendment to remove the request related to the encroachment into the Corner Visibility Triangle (CVT). Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a driveway located 7.1m from the intersection of Field Sparrow Crescent and Falconridge Drive rather than the required 9m, on Lot 9, Registered Plan 58M- 552, 306 Field Sparrow Crescent, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-034 Applicant: Activa Holdings Inc. Property Location: 188 Redtail Street Legal Description: Lot 15, Registered Plan 58M-551 Appearances: In Support: P. Florica Contra: None COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -79- CITY OF KITCHENER Submission No.: A 2019-034 (Cont'd) Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a maximum driveway width of 10.45m rather than the permitted maximum width of 8m. The Committee considered Development Services Department report DSD -19-085 dated April 5, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 2, 2019, advising they have no concerns with this application. Mr. P. Florica was in attendance in support of the subject application and staff recommendation. The Chair requested, and it was agreed, that a condition be included in the Committee's decision this date to require the driveway width be as per the sketch submitted with the application, prepared by BSR & D Ontario Land Surveyors, dated November 28, 2018. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a maximum driveway width of 10.24m rather than the permitted maximum width of 8m, on Lot 15, Registered Plan 58M-551, 188 Redtail Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall ensure the proposed driveway is constructed as per the plan submitted with the application, prepared by BSR & D Ontario Land Surveyors, dated November 28, 2018. 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 8. Submission No.: A 2019-035 Applicant: 2598198 Ontario Limited Property Location: 186 Kent Avenue Legal Description: Lot 46, Plan 239 Appearances: In Support: Contra: Written Submissions S. & H. Bromberg None None Carried COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -80- CITY OF KITCHENER 8. Submission No.: A 2019-035 (Cont'd) The Committee was advised the applicant is requesting permission to reconstruct a covered front porch on an existing single detached dwelling that is 0.94 above grade having a front yard setback of 2.39m rather than the required 4.5m; having a side yard setback abutting Kennedy Avenue of 2.6m rather than the required 4.5m; to permit the porch to be located 2.1 m into the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT; to permit the porch to be located 1.5m into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; and, to permit new stairs to be 0.94m high located within 3m of a street line whereas the By-law only permits stairs to be a maximum of 0.6m in height when located within 3m of a street line. The Committee considered Development Services Department report DSD -19-086 dated April 9, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 2, 2019, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated April 8, 2019, advising although they have no objection to the subject application, they noted a portion of the subject property is within the flood fringe portion of the floodplain associated with Schneider Creek. They further noted a portion of the property is also within the regulated allowance adjacent to the floodplain and any future development within the regulated area on the property will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. Ms. S. Bromberg and Mr. H. Bromberg were in attendance in support of the subject application and staff recommendation. Ms. Bromberg provided a brief overview of their request. In response to questions, Mr. D. Seller advised an example of a railing that would not restrict visibility would be similar to the wrought iron railing currently in existence. The Chair requested, and it was agreed, that a condition be included in the Committee's decision this date requiring the owner to make satisfactory financial arrangements to the Grand River Conservation Authority (GRCA) for their application plan review fee. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of 2598198 ONTARIO LIMITED requesting permission to reconstruct a covered front porch on an existing single detached dwelling that is 0.94 above grade having a front yard setback of 2.39m rather than the required 4.5m; having a side yard setback abutting Kennedy Avenue of 2.6m rather than the required 4.5m; to permit the porch to be located 2.1 m into the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT; to permit the porch to be located 1.5m into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; and, to permit new stairs to be 0.94m high located within 3m of a street line whereas the By-law only permits stairs to be a maximum of 0.6m in height when located within 3m of a street line, on Lot 46, Plan 239, 186 Kent Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for a building permit for the porch to the Building Division. 2. That the owner shall ensure the railings for the proposed porch provide unobstructed visibility. 3. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the required application plan review fee. 4. That the above noted Condition #1 shall be completed by October 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -81- CITY OF KITCHENER 8. Submission No.: A 2019-035 (Cont'd) 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 9. Submission No.: A 2019-036 Applicant: CF Realty Holdings Inc. Property Location: 2960 Kingsway Drive Legal Description: Part Lots 10 & 14, Plan 961, Part Lot 4, Plan 962, being Parts 1-11, 16, 17, 20, 27 to 32, 34 & 36 to 38 on Reference Plan 58R-1539 Appearances: In Support: K. Barisdale K. Perrott Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for Fairview Park Mall to have off-street parking located within Om of the streetline along the Highway 8 interchange rather than the required 3.0m; and, to allow a total of 2,164 parking spaces (1 space per 31.8 sq. m. of plaza floor area) rather than the required total of 2,531 parking spaces (1 space per 27 sq. m. of plaza floor area). The Committee considered Development Services Department report DSD -19-087 dated April 5, 2019, recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 2, 2019, advising they have no concerns with this application. The Committee considered comments submitted by the Ministry of Transportation (MTO) dated April 3, 2019 advising the MTO does not support off-street parking which will be located within O.m of the streetline along Highway 8 interchange. They noted if any part of a development is integral to the operation of the development (including minimum parking requirements, fire lanes, drive- through lanes, delivery areas and loading dock areas) those parts of the development should be set back a minimum of 14 m from MTO's Highway Property Limit., adding where MTO's setback requirement exceeds that of the City of Kitchener; then MTO's setback will apply. Further, the MTO advised the existing parking spaces located within 14.Om of the Highway Property Limit may remain for their current use, but shall not be 'legalized' through this amendment. The MTO stated the existing parking spaces located within 14.Om of the Highway Property Limit should be deducted from the total number of parking spaces required under the By-law, adding the City should contemplate this when considering the applicant's request to reduce the number of parking spaces from 2531 spaces to 2164 spaces. The MTO noted Section 38 of the PTHIA in part states: COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -82- CITY OF KITCHENER 9. Submission No.: A 2019-036 (Cont'd) 38(2) Despite any general or special Act, regulation, by-law or other authority, no person shall, except under a permit therefor from the Minister, (a) place, erect or alter any building, fence, gasoline pump or other structure or any road upon or within 45 metres of any limit of a controlled -access highway or upon or within 395 metres of the centre point of an intersection; (e) display any sign, notice or advertising device, whether it contains words or not, other than one sign not more than sixty centimetres by thirty centimetres in size displaying the name or the name and occupation of the owner of the premises to which it is affixed or the name of such premises within 400 metres of any limit of a controlled - access highway; (f) use any land, any part of which lies within 800 metres of any limit of a controlled - access highway, for the purposes of a shopping centre, stadium, fair ground, race track, drive-in theatre or any other purpose that causes persons to congregate in large numbers. Ms. K. Barisdale was in attendance in support of the subject application and staff recommendation. In response to questions, she advised the 14m setback identified by the Ministry of Transportation Ontario (MTO) is not currently being utilized for parking. She indicated the site had a previously approved minor variance application that was only valid until a new site plan was required for the site. She stated Cadillac Fairview intends to redevelop the site and at staffs direction they are requesting the same variances as previously approved to ensure technical compliance. She stated Phase 1 of the development includes the expansion of the existing Sears building, as well as a Zone Change application to permit an Office use adjacent to the Highway 8 off -ramp. In response to questions, Ms. J. von Westerholt stated the sideyard setback of Om is adjacent to the Highway 8 -off ramp, adding the requested variance should not adversely impact any adjacent properties. The Chair requested, and it was agreed, a condition be included in the Committee's decision this date stating that any off-street parking located within 14m of the Ministry of Transportation (MTO) right-of-way shall not be counted towards the parking total (2,148 off street spaces) as these lands are regulated by the MTO and could be required for future highway widening. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of CF/REALTY HOLDINGS INC. requesting permission for Fairview Park Mall to have off-street parking located within Om of the streetline along the Highway 8 interchange rather than the required 3.0m; and, to allow a total of 2,148 parking spaces (1 space per 31.8 sq. m. of plaza floor area) rather than the required total of 2,531 parking spaces (1 space per 27 sq. m. of plaza floor area), on Part Lots 10 & 14, Plan 961, Part Lot 4, Plan 962, being Parts 1-11, 16, 17, 20, 27 to 32, 34 & 36 to 38 on Reference Plan 58R-1539, 2960 Kingsway Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the reduced landscape strip and parking setback to Highway 8 shall only apply to the parking spaces and landscaping configuration existing as of April 16, 2019, and shall only remain valid until such time as lands located within Lot F and Lot G (as shown on the plan attached to the variance application) are developed. 2. That any off-street parking located within 14m of the Ministry of Transportation (MTO) right-of-way shall not be counted towards the parking total (2148 off street spaces) as these lands are regulated by the MTO and could be required for future highway widening. 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -83- CITY OF KITCHENER 9. Submission No.: A 2019-036 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 10. Submission No.: A 2019-037 Applicant: Activa Holdings Inc. Property Location: Valencia Court (Blocks 2, 3 and 4 of Stage 12 Huron Village Subdivision 30T-01201) Legal Description: Part Lot 457, German Company Tract, being Part 1 on Reference Plan 58R-15731, save and except 58M 466 Appearances: In Support: P. Chauvin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for future residential lots fronting onto Valencia Court and Valencia Avenue identified as "Area 1" on the plan submitted with the application, currently Zoned R3, to have a minimum lot widths of 10.97m rather than the required 13.7m; and, to have minimum lot areas of 339.5 sq.m. rather than the required 411 sq.m. A maximum of 21 lots are contemplated within "Area 1". The Committee considered Development Services Department report DSD -19-088 dated April 5, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 2, 2019, advising they have no concerns with this application. Mr. P. Chauvin 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 ACTIVA HOLDINGS INC. requesting permission for future residential lots fronting onto Valencia Court and Valencia Avenue identified as "Area 1" on the plan submitted with the application, currently Zoned R3, to have a minimum lot widths of 10.97m rather than the required 13.7m; and, to have minimum lot areas of 339.5 sq. m. rather than the required 411 sq.m., on Part Lot 457, German Company Tract, being Part 1 on Reference Plan 58R-15731, save and except Registered Plan 58M-466, Valencia Court (Blocks 2, 3 and 4 of Stage 12 Huron Village Subdivision 30T-01201) , 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16.2019 -84- CITY OF KITCHENER i[�>E�1•Ti11�r•Ti1�t:>����iy�aiX�LNZ.TiiiC 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: 1. Submission No.: B 2019-011 Applicant: Governing Council of the Salvation Army in Canada Property Location: 75 Tillsley Drive Legal Description: Blocks 128 & 129, Registered Plan 1819 Appearances: In Support: H. Handy S. Cameron J. Vos Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having an approximate width on Erinbrook Drive of 71.5m, a depth of 140.1 m and an area of 10,304 sq.m. The retained land will have a width of 86.6m, a depth 140.1 m and an area of 16,102 sq. m. The retained land will remain religious institution use and the severed land is intended for a multi - residential development. The Committee considered Development Services Department report DSD -19-089 dated April 11, 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 April 9, 2019, advising they have no objection to this application, subject to the following conditions: 1. That prior to final approval the owner/applicant submit an Archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 2. That prior to final approval the owner/applicant submit an Environmental Noise Study to the satisfaction of the Region, and if necessary, based on the recommendations of the study enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. The Chair requested, and it was agreed, that the two conditions requested by the Region of Waterloo would be included in the Committee's decision this date. Mr. H. Handy was in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt stated parkland dedication would have been paid at the time of subdivision regardless of the designated use. She noted no minor variances related to this address have been requested, adding current zoning permits residential use for the subject property. Moved by Mr. B. McColl Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT MINUTES APRIL 16.2019 -85- CITY OF KITCHENER i��1•Ti11 Me , Ll Me, iC That the application of the GOVERNING COUNCIL OF THE SALVATION ARMY IN CANADA requesting permission to sever a parcel of land having a width on Erinbrook Drive of 19m, a depth of 140.1m and an area of 2,651 sq. m. to be conveyed as a lot addition to the parcel of land described as Block 129, Registered Plan 1819, on Blocks 128 & 129, Registered Plan 1819, 75 Tillsley 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 the lands to be severed be added to the abutting lands described as Block 129, Registered Plan 1819, 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 Consolidation 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 Consolidation Parcels to the City Solicitor within a reasonable time following registration. 5. That the owner shall submit a complete Site Plan Application to revise the existing Site Plan and associated Section 41 Development Agreement for the church on the recipient parcel, to the satisfaction of the City's Manager of Site Development and Customer Service, or otherwise receive an exemption from this requirement from said Manager. This Site Plan application shall involve, at minimum, the removal of the retained lands from the plan, but may include revisions to the building, parking, or loading, etc. related to the church. 6. That the owner shall make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed lands and, if necessary, also to the retained lands. 7. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 8. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 9. That the owner shall make request of, and obtain approval, from the appropriate authority to remove any existing 0.3 metre reserves along the frontage of Erinbrook Drive from the retained lands. 10. That the owner shall submit an Archaeological Assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 11. That the owner shall submit an Environmental Noise Study to the satisfaction of the Region of Waterloo and if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. It is the opinion of this Committee that COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -86- CITY OF KITCHENER 1. Submission No.: B 2019-011 (Cont'd) 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 April 16, 2021. Carried 2. Submission No.: B 2019-012 Applicants: R. Kraishnik Property Location: 53 Lichty Crescent Legal Description: Lot 27, Plan 865 Appearances: In Support: R. Kraishnik Contra: E. McCabe N. Joakim D. & D. Taylor M. & R. Mayer D. Bridson Written Submissions: Neighbourhood Petition The Committee was advised the applicant is requesting permission to sever a parcel of land having a width on Lichty Crescent of 23.119m, a depth of 52.042m and an area of 836.5 sq. m. The retained land will have a width of 23.119, a depth of 46.967 and an area of 896.2 sq.m. Each lot is intended for a two-storey duplex. The Committee considered Development Services Department report DSD -19-090 dated April 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 April 9, 2019, advising they have no objection to this application, subject to the following conditions: 1. That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2. That prior to final approval, the owner/applicant submit a Functional Servicing Report to the satisfaction of the Region. Mr. R. Kraishnik was in attendance in support of the subject application and staff recommendation. He provided a brief overview of the application, stating his intent is to sever the subject property into two lots to construct two duplex dwellings. He noted due to the proposed grading on the site COMMITTEE OF ADJUSTMENT MINUTES APRIL 16.2019 -87- CITY OF KITCHENER �1•Ti11 Me , Ll Mir he had retained an engineer, adding although plans have not been finalized as yet, the proposed duplex dwelling will have a half walk -out basement rather than a full walk -out, similar to the existing structure. Ms. D. Taylor, Ms. E. McCabe and Mr. N. Joakim addressed the Committee in opposition to the subject application on behalf of residents residing on Lichty Crescent. Ms. Taylor expressed concerns regarding the proposed duplexes on the subject property, specifically regarding increased density and traffic. She expressed further concerns with loss of mature trees and possible grading issues, noting from her conversations with staff the applicant intends to construct walk -out dwellings and the subject property is flat. Ms. McCabe expressed concerns with safety for children, noting a school is in close proximity to the subject property and voiced concerns related to school drop- offs/pick-ups and safety during construction. She expressed further concerns with addition/relocation of hydro poles and questioned how the new lots would be serviced. Ms. J. von Westerholt advised that the application before the Committee this date is requesting the creation of a new lot. She stated both of the proposed lots are within full compliance of the Zoning By-law and duplexing is permitted as -of -right. Mr. E. Schneider stated the proposed lots are similar to others on the Crescent, noting the front dwelling is proposed to have a 9m setback rather than the minimum 4.5m as outlined in the Zoning By-law, to ensure it mimics other houses on the street. He indicated the applicant was initially considering severing the lot into three; however, following discussions with staff it was determine two lots would be more appropriate. He indicated the lots are proposed to be 23m wide, whereas 13m is required. Mr. Schneider further advised that the proposed lots are similar in size to other lots currently existing on the street. Ms. J. Meader stated in her opinion the typography of the lots do not support a walk -out basement. She indicated she reviewed the proposed conditions and did not see any requirements related to grading. Mr. Schneider advised he has completed a site visit and has reviewed the requirements related to the creation of a lot and has made the recommendation based on that review. He indicated when the applicant applies for a building permit, he will be required to submit a grading plan to the satisfaction of the Chief Building Official. Mr. Schneider indicated that is not a requirement of for the subject application. Ms. Meader noted there are extensive engineering conditions within the staff recommendation. She indicated to address some of the neighbours concerns it may be warranted to include a grading condition in the Committee's decision this date. In response to questions, Mr. Schneider advised as part of the staff recommendation, the owner will be required to address stormwater management, whether that involves extending services in the municipal right of way or through sump pumps. Mr. S. Hannah questioned whether it would be appropriate to include a condition requiring the owner to maintain the proposed 9m front yard setback, as mentioned by staff this date, rather than the 4.5m that is permitted within the Zoning By-law. He stated he would prefer greater assurance on where the houses will be located on the properties. Ms. Meader stated she could not support restricting a property owners' as -of -right under the current Zoning. She questioned whether the applications were premature, noting additional clarity may be required by the applicant on what is intended to be developed on the subject properties. In response to questions, Mr. Kraishnik advised elevation drawings have been included in the subject application for the proposed dwellings. Ms. J. von Westerholt noted duplexes are permitted as an as -of -right Zoning. She stated she was in agreement with Ms. Meader and expressed concerns with the inclusion of a condition related to defining a front yard setback. She indicated staff would have no objection if it was the Committee's wish to include a condition related to drainage, although that requirement is typically addressed at the building permit stage. She noted the lots are in full compliance of the Zoning By-law, indicating for that reason it was her opinion the consent should be granted. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -88- CITY OF KITCHENER 2. Submission No.: B 2019-012 (Cont'd) The Chair noted although the Region of Waterloo requested two conditions, only one was included in staff's recommendation. It was further requested, and agreed, that a condition requiring the applicant to submit a grading plan to the satisfaction of the Director of Engineering Services and Chief Building Official. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of RAY KRAISHNIK requesting permission to sever a parcel of land having a width on Lichty Crescent of 23.119m, a depth of 52.042m and an area of 836.5 sq. m., on Lot 27, Plan 865, 53 Lichty Crescent, 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 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 $10,634.74. 4. That the owner shall submit a grading plan to the satisfaction of the Director of Engineering Services and/or Chief Building Official. 5. 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. 6. That the owner shall make satisfactory arrangements with the Director of Engineering Services for payment towards future sidewalk installation along the frontage for the severed portion. 7. That the owner shall extend the storm sewer or implement a suitable design solution for a sump pump outlet to the satisfaction of the City's Engineering Services. 8. That the owner shall ensure any new driveways shall 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 Services. 9. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 11. That the 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 to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -89- CITY OF KITCHENER 2. Submission No.: B 2019-012 (Cont'd) 12. That the owner shall prepare a Tree Management Plan for both 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 demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 13. That the owner shall obtain Demolition Control approval in accordance with the City's Demolition Control By-law to the satisfaction of the Director of Planning. 14. That the owner shall obtain a demolition permit to the satisfaction of the Chief Building Official. 15. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 16. That the owner shall submit a Functional Servicing Report to the satisfaction of 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 April 16, 2021. Carried 3. Submission No.: B 2019-013 Applicants: Owl Properties Incorporated Property Location: 69 Amherst Drive/118 Doon Valley Drive Legal Description: Lots 40, 41 & 42 and Part Lots 28, 29, 37, 38, 43, 44, 45, 47, 48, 50 & 55 and Part Sydenham Street Registered Plan 578 Appearances: In Support: K. Barisdale K. Perrott Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width on Doon Valley Drive of 18.28m, a depth of 46.34m and an area of 572 sq. m. The retained land will have irregular widths and depths with an overall area of 6,862 sq.m. Both lots are intended for residential use. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 _90- CITY OF KITCHENER 3. Submission No.: B 2019-013 (Cont'd) The Committee considered Development Services Department report DSD -19-091 dated April 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 April 9, 2019, advising they have no objection to this application. Ms. K. Barisdale was in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt advised the intention of the application is to redefine a lot that merged on title with the property in the rear. She noted Parks Operations staff have confirmed that parkland dedication has never been collected on the subject property and requested the condition be included as part of the staff recommendation. Mr. B. McColl stated in his opinion the consent application is not intended for redevelopment; rather, that it is simply recreating a stand-alone parcel of land that previously existed. He requested, and it was agreed, that the condition related to parkland dedication be removed from the Committee's decision this date. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of OWL PROPERTIES INCORPORATED requesting permission to sever a parcel of land municipally addressed as 118 Doon Valley Drive having a width of 10.429m, a depth of 46.34m and an area of 572 sq. m., on Lots 40, 41 & 42 and Part Lots 28, 29, 37, 38, 43, 44, 45, 47, 48, 50 & 55 and Part Sydenham Street, Registered Plan 578, 69 Amherst Drive/118 Doon Valley 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 the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for a future sidewalk along the entire frontage (18.28m) of the severed portion. 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 _91- CITY OF KITCHENER 3. Submission No.: B 2019-013 (Cont'd) 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 April 16, 2021. Carried COMBINED APPLICATIONS: 1. Submission Nos.: B 2019-005, B 2019-006, A 2019-027 & A 2019-028 Applicant: Benjamins Real Estate Holdings Inc. - 001 Property Location: 151 Wentworth Avenue Legal Description: Part Lot 368, Subdivision of Lot 17, German Company Tract, being Part 2 on Reference Plan 58R-14934 Appearances: In Support: J. Benjamins M. Benjamins Contra: T. & V. Terzic Written Submissions: None The Committee was advised the applicant is requesting 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 2.1m and an overall depth of 27.092m to provide shared driveway access for each lot. Minor variances are also being requested for "Lot A" to have a southerly side yard setback of 1.89m rather than the required 3m on one side where a driveway leading to a required parking space is situated between the main building and the side lot line; and, a front yard having 2.98m to allow a covered, unenclosed porch exceeding 0.6m in height above finished grade whereas the By-law requires a minimum front yard of 4.5m. In addition, minor variances are being requested for "Lot B" to have a northerly side yard of 1.39m whereas the By-law requires a minimum side yard of 3m on one side where a driveway leading to a required parking space is situated between the main building and the side lot line. Both lots are intended for duplex dwellings. The Committee considered Development Services Department report DSD -19-078 dated April 9, 2019, approval of these applications, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated April 9, 2019, advising they have no objection to applications B 2019- 005 and B 2019-006, 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 April 2, 2019, advising they have no concerns with applications A 2019-027 and A 2019-028. Messrs. J. and M. Benjamins were in attendance in support of the subject application and staff recommendation. Mr. T. Terzic and Ms. V. Terzic addressed the Committee in opposition of the subject application, expressing concerns related to the proximity of the proposed dwelling in relation to their fence, potential drainage issues and on -street parking. They requested clarification on where the off-street parking would be located for the new dwellings. The Chair advised the applicant was proposing parking in the rear of the proposed dwellings. Mr. S. Hannah indicated concerns regarding impact to the neighbours property regarding the lack of greenspace in the rear yard of the proposed dwellings. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -92- CITY OF KITCHENER 1. Submission Nos.: B 2019-005, B 2019-006, A 2019-027 & A 2019-028 (Cont'd) Mr. M. Benjamins advised the variance required for the side yard is in relation to the shared driveway that will go between the new dwelling and the existing duplex. He stated the side yard abutting the neighbour's fence is 1.2m which is permitted in the Zoning By-law. In response to further questions regarding the proposed parking in the rear of the dwellings and potential drainage issues, Mr. M. Benjamins advised they have already spoken to an Engineer related to the proposed parking. He indicated they will not require any fill in the yard to elevate the parking, indicating a French drain maybe required but that is still to be determined. The Chair stated the applicant will be required to clear specific engineering conditions as part of the Committee's approval and Engineering Services will address any issues related to drainage and grading. Submission No.: B 2019-005 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of BENJAMINS REAL ESTATE HOLDINGS INC. - 001 requesting 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.; and, permission to grant an easement in favour of "Lot A" on the plan submitted with the application, having a width of 1.39m and overall depth of 27.092m. to provide shared driveway access for each lot, on Part Lot 368, Subdivision of Lot 17, German Company Tract, being Part 2 on Reference Plan 58R-14934, 151 Wentworth Avenue, 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 the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That Consent Application B 2019-006 shall receive final approval. 5. That Minor Variance Applications A 2019-027 and A 2019-028 shall receive final approval. 6. That the owner shall ensure the existing detached garage in the rear yard is demolished or removed from the property, with the applicable Building Permits as necessary, to the satisfaction of the City's Chief Building Official. 7. That the owner shall ensure the severed lot and access/shared driveway easement is in general accordance with the "Site Plan" drawing submitted with Minor Variance Application A 2019-028, prepared by Gerrard's Design & Drafting Inc., dated March 8, 2019, to the satisfaction of the City's Director of Planning. 8. That the owner shall fulfill the following conditions related to the creation of an access/shared driveway easement over the severed lot in favour of the retained lot: That the Transfer Easement document(s) required to create the Easement being approved herein shall include the following, and shall be approved by the City Solicitor, in consultation with the City's Director of Planning and Director of Engineering Services: COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -93- CITY OF KITCHENER Submission Nos.: B 2019-005, B 2019-006, A 2019-027 & A 2019-028 (Cont'd) a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and, ii. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 9. That the owner shall retain a qualified designer and complete a building code assessment as it relates to the proposed property line, to the satisfaction of the City's Chief Building Official. The assessment shall address, for example, spatial separation of the wall face of the existing building, and the possibility of closing building openings. 10. That the owner shall apply for and obtain a building permit for any remedial work/upgrades required by the building code assessment, to the satisfaction of the City's Chief Building Official. 11. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. This may include the extension of a storm sewer at the discretion of the City's Engineering Services. 12. 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 and retained lands, or otherwise receive relief from Engineering Services for this requirement. 13. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services, prior to endorsement of the deed for the severed lands. 14. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 15. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -94- CITY OF KITCHENER 1. Submission Nos.: B 2019-005, B 2019-006, A 2019-027 & A 2019-028 (Cont'd) 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 April 16, 2021. Carried Submission No.: B 2019-006 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of BENJAMINS REAL ESTATE HOLDINGS INC. - 001 requesting permission to grant an easement in favour of "Lot B" on the plan submitted with the application, having a width of 2.1 m and an overall depth of 27.092m to provide shared driveway access for each lot, on Part Lot 368, Subdivision of Lot 17, German Company Tract, being Part 2 on Reference Plan 58R-14934, 151 Wentworth Avenue, 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 the owner shall ensure the access/shared driveway easement is in general accordance with the "Site Plan" drawing submitted with Minor Variance Application A 2019-028, prepared by Gerrard's Design & Drafting Inc., dated March 8, 2019, to the satisfaction of the City's Director of Planning. 4. That Consent Application B 2019-005 shall receive final approval. 5. That Minor Variance Applications A 2019-027 and A 2019-028 shall receive final approval. 6. That the owner shall ensure the existing detached garage in the rear yard is demolished or removed from the property, to the satisfaction of the City's Chief Building Official. 7. That the owner shall fulfill the following conditions related to the creation of an access/shared driveway easement over the retained lot in favour of the severed lot: a. That the Transfer Easement document(s) required to create the Easement being approved herein shall include the following, and shall be approved by the City Solicitor, in consultation with the City's Director of Planning and Director of Engineering Services: a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and, a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. COMMITTEE OF ADJUSTMENT MINUTES 1. Submission Nos.: B 2019-005, B 2019-006, A 2019-027 & A 2019-028 (Cont'd) 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 April 16, 2021. Carried Submission No.: A 2019-027 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of BENJAMINS REAL ESTATE HOLDINGS INC. - 001 requesting permission for an existing duplex on the retained land identified as "Lot A" on the plan submitted with the application (Consent Applications B 2019-005 and B 2019-006) to have an easterly side yard setback of 1.89m rather than the required 3m where a driveway leading to a required parking space is situated between the main building and the side lot line; and, a 1 -storey unenclosed covered porch exceeding 0.6m in height having a front yard setback of 2.98m rather than the required 4.5m, on Part Lot 368, Subdivision of Lot 17, German Company Tract, being Part 2 on Reference Plan 58R-14934, 151 Wentworth Avenue, 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 2019-028 Moved by Mr. B. McColl Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -96- CITY OF KITCHENER Submission Nos.: B 2019-005, B 2019-006, A 2019-027 & A 2019-028 (Cont'd) That the application of BENJAMINS REAL ESTATE HOLDINGS INC. - 001 requesting permission to construct a duplex on the severed land identified as "Lot B" on the plan submitted with the application (Consent Applications B 2019-005 and B 2019-006) to have a westerly side yard of 1.39m whereas the By-law requires a minimum side yard of 3m on one side where a driveway leading to a required parking space is situated between the main building and the side lot line, on Part Lot 368, Subdivision of Lot 17, German Company Tract, being Part 2 on Reference Plan 58R-14934, 151 Wentworth 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 2. Submission Nos.: B 2019-014 & A 2019-038 Applicant: Robert Ryan Broadfoot & Rachel Molnar Property Location: 128 Mill Street Legal Description: Lot 315, Subdivision of Lot 17, German Company Tract Appearances: In Support: None Contra: R. Kuehl R. Boshart Written Submissions: None The Committee was advised the applicants are requesting 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 2.1m and an overall depth of 27.092m to provide shared driveway access for each lot. Minor variances are also being requested for "Lot A" to have a southerly side yard setback of 1.89m rather than the required 3m on one side where a driveway leading to a required parking space is situated between the main building and the side lot line; and, a front yard having 2.98m to allow a covered, unenclosed porch exceeding 0.6m in height above finished grade whereas the By-law requires a minimum front yard of 4.5m. In addition, minor variances are being requested for "Lot B" to have a northerly side yard of 1.39m whereas the By-law requires a minimum side yard of 3m on one side where a driveway leading to a required parking space is situated between the main building and the side lot line. Both lots are intended for duplex dwellings. The Committee considered Development Services Department report DSD -19-092 dated April 5, 2019, recommending deferral of these applications to the May 21, 2019 Committee meeting to allow time for staff to dialogue with the Region of Waterloo and Canadian National Railway (CNR). The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated April 9, 2019, advising they cannot support the proposed consent application. COMMITTEE OF ADJUSTMENT MINUTES APRIL 16, 2019 -97- CITY OF KITCHENER Submission Nos.: B 2019-014 & A 2019-038 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 2, 2019, advising they have no concerns with application A 2019-038. The Chair suggested, and it was agreed, that these applications be adjourned to the May 21, 2019 Committee of Adjustment meeting to allow staff further time to dialogue with the Region of Waterloo and CNR, and to review the Noise and Vibration Study submitted with the application. ADJOURNMENT On motion, the meeting adjourned at 10:47 a.m. Dated at the City of Kitchener this 16th day of April, 2019. Dianna Saunderson Secretary -Treasurer Committee of Adjustment