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HomeMy WebLinkAboutCA - 2019-05-21COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:02 a.m. Present: Mr. D. Cybalski - Chair Mr. B. McColl Mr. S. Hannah Mr. M. Kidd Officials: Ms. J. von Westerholt, Senior Planner Mr. S. Ryder, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. C. Owen. Administrative Clerk The Chair explained the Committee of Adjustment is considered a Standing Committee of City Council and the Decisions rendered this date with respect to sign/fence variances are recommendations to City Council and not a final decision. He advised the Committee's recommendations will be forwarded to City Council on Monday, May 27, 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 2019-009 Applicant: Waterloo Region District School Board Property Location: 760 Commonwealth Crescent Legal Description: Block 53, Registered Plan 58M-416 Appearances: In Support: Mr. C. Cluthe Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace an existing sign with a ground -supported sign having automatic changing copy located 18.7m from a residential zone rather than the required 100m. The Committee considered Development Services Department report DSD -19-107 dated May 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 May 3, 2019, advising they have no concerns with this application. Mr. C. Cluthe was in attendance in support of the subject application and staff recommendation. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of WATERLOO REGION DISTRICT SCHOOL BOARD requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy located 18.7m from a residential zone rather than the required 100m, on Block 53, Registered Plan 58M-416, 760 Commonwealth Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Sign Permit for the proposed business from the Planning Division. 2. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By-law. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -15- CITY OF KITCHENER 1. Submission No.: SG 2019-009 (Cont'd) 3. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 11 p.m. and 6 a.m. 4. That the owner shall complete the above noted Conditions 1 to 3 prior to September 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in the decision. Failure to fulfill these conditions will result in this approval becoming null and void It is the opinion of this Committee that: 1. The 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 Submission No.: SG 2019-010 Applicant: 2541915 Ontario Inc. Property Location: 907 Frederick Street, Units 3, 4 & 5 Legal Description: Lot 6, Plan 712, Block B, Plan 928 Appearances: In Support: None Contra: None Written Submissions: None That the application of 2541915 ONTARIO INC. requesting permission to legalize an existing facia sign having a width of 96% of the building elevation rather than the maximum permitted width of 90%, BE ADJOURNED to the Committee of Adjustment meeting on June 18, 2019 for consideration, as no one was in attendance this date in support of the subject application. Submission No.: SG 2019-011 Applicant: Royal Canadian Legion Property Location: 524 Belmont Avenue West Leaal Description: Part Lot 15. Plan 402. beina Part 2 on Reference Plan 58R-1135 Appearances: In Support: C. Pickering Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace an existing sign with a ground -supported sign having a height of 3.65m rather than the maximum permitted height of 2m. The Committee considered Development Services Department report DSD -19-109 dated May 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 May 3, 2019, advising they have no concerns with this application. Mr. C. Pickering was in attendance in support of the subject application and staff recommendation COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -16- CITY OF KITCHENER 3. Submission No.: SG 2019-011 (Cont'd) It was requested and agreed that an additional condition be included in the Committee's decision to require the owner to ensure the automatic changing copy shall remain static for a minimum of six (6) seconds in accordance with the Sign By-law. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of ROYAL CANADIAN LEGION requesting permission to replace the existing sign with a ground -supported sign having a height of 3.65m rather than the maximum permitted height of 2m, on Part Lot 15, Plan 402, being Part 2 on Reference Plan 58R-1135, 524 Belmont Avenue West, 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 12:00 a.m. and 6:00 a.m. 3. That the owner shall ensure the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the Sign By-law. 4. That the owner shall complete the above noted Condition 1 prior to September 21, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance 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 10:06 a.m. Dated at the City of Kitchener this 21st day of May, 2019 Dianna Saunderson Secretary -Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:00 a.m. Present: Mr. D. Cybalski - Chair Mr. B. McColl Mr. S. Hannah Mr. M. Kidd Officials: Ms. J. von Westerholt, Senior Planner Mr. G. Stevenson, Planner Mr. S. Ryder, Traffic Planning Analyst Mr. E. Schneider, Junior Planner Ms. D. Saunderson, Secretary -Treasurer Ms. C. Owen, Administrative Clerk MINUTES Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the regular minutes of the Committee of Adjustment meeting held April 16, 2019, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS K�]►�i1:31I1:11 16YA9101 Ll 6*3 1. Submission Nos.: B 2019-014 & A 2019-038 Applicant: Robert Ryan Broadfoot and Rachel Molnar Property Location: 128 Mill Street Legal Description: Lot 315, Subdivision of Lot 17, German Company Tract Appearances: In Support: None Contra: None 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 -19-132 dated May 13, 2019, recommending deferral of these applications to the June 18, 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 application B 2019-014. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 _99- CITY OF KITCHENER 1. 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 Applications B 2019-014 & A 2019-038 BE ADJOURNED to the June 18, 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, on Lot 315, Subdivision of Lot 17, German Company Tract, 128 Mill Street, Kitchener, Ontario. The Committee recessed at 10:01 a.m. and reconvened at 10:06 p.m., Chaired by Mr. D. Cybalski, except Ms. J. Meader. NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2019-039 Applicants: William and Isabel Fairthorne Property Location: 121 Arrowhead Crescent Legal Description: Lot 76, Plan 1318 Appearances: In Support: M. Nielsen Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a 2 -storey addition in the easterly side yard of an existing single detached dwelling having the required off- street parking located 1.6m from the street line rather than the required 6m. The Committee considered Development Services Department report DSD -19-110 dated May 13, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 3, 2019, advising they have no concerns with this application. Mr. M. Nielsen was in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt advised the subject dwelling only requires one legal parking space. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of ISABEL and WILLIAM FAIRTHORNE requesting permission to construct a 2 -storey addition in the easterly side yard of an existing single detached dwelling having the required off-street parking located 1.6m from the street line rather than the required 6m, on Lot 76, Plan 1318, 121 Arrowhead 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 COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 _100- CITY OF KITCHENER 1. Submission No.: A 2019-039 (Cont'd) 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 Carried 2. Submission No.: A 2019-040 Applicants: Blake Cooper and Stuart Gibson Property Location: 18 Rosedale Avenue Legal Description: Lot 21, Plan 656 Appearances: In Support: B. Cooper Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to convert an existing single detached dwelling into a triplex having an existing easterly side yard setback of 0.69m rather than the required 1.5m. The Committee considered Development Services Department report DSD -19-111 dated May 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 May 3, 2019, advising they have no concerns with this application. Mr. B. Cooper was in attendance in support of the subject application and staff recommendation. It was suggested and agreed that a condition be included as part of the Committee's decision this date that the applicant be required to apply for a building permit to the satisfaction of the Chief Building Official. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of BLAKE COOPER and STUART GIBSON requesting permission to convert an existing single detached dwelling into a triplex having an existing easterly side yard setback of 0.69m rather than the required 1.5m, on Lot 21, Plan 656, 18 Rosedale Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive Site Plan Approval to the satisfaction of the Manager of Site Development and Customer Service. 2. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division to establish the Multiple Dwelling use on the property. 3. That the owner shall complete the above noted Conditions 1 and 2 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. 4. That the owner shall apply for a Building Permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property COMMITTEE OF ADJUSTMENT MINUTES LVA le\Y04w1keZ�11WY0]M:I11 to] :I: ILlI:IN 2. Submission No.: A 2019-040 (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. kitchener. ca Carried 3. Submission No.: A 2019-041 Applicant: Waterloo Standard Condominium Corporation 529 Property Location: 555 King Street East Legal Description: Waterloo Condominium Plan 529 Appearances: In Support: J. Graham R. Turner Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to renovate the interior of an existing multi -residential development to add an additional residential unit having 2 off-street visitor parking spaces rather than the required 4 off-street visitor parking spaces; and, to have 1 accessible parking space rather than the required 2 accessible parking spaces. The Committee considered Development Services Department report DSD -19-112 dated May 10, 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 May 3, 2019, advising they have no concerns with this application. Mr. R. Turner and Ms. J. Graham were in attendance in support of the subject application and staff recommendation. In response to questions, Mr. Turner advised the internal space being converted is currently storage space. It was suggested and agreed that a condition be included as part of the Committee's decision this date that the applicant be required to apply for a building permit to the satisfaction of the Chief Building Official. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of WATERLOO STANDARD CONDOMINIUM CORPORATION 529 requesting permission to renovate the interior of an existing multi -residential development to add an additional residential unit having 2 off-street visitor parking spaces rather than the required 4 off-street visitor parking spaces; and, to have 0 accessible parking spaces rather than the required 2 accessible parking spaces, on Waterloo Condominium Plan 529, 555 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall receive Site Plan Approval to the satisfaction of the Manager of Site Development and Customer Service for the addition of 1 -unit and any other proposed site works at 555 King Street East. 2. That the owner shall apply for a Building Permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -102- CITY OF KITCHENER 3. Submission No.: A 2019-041 (Cont'd) 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. kitchener. ca Carried 4. Submission No.: A 2019-042 Applicant: Covanta Environmental Solutions Ontario Inc. Property Location: 244 & 260 Shoemaker Street Legal Description: Part Lot 2, Registrar's Compiled Plan 1478, being Parts 7 & 8 on Reference Plan 58R-5349 and Part 2 on Reference Plan 58R-9662 Appearances: In Support: A. Soryal E. Vago Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a rear yard addition on an existing general industrial employment building having a rear yard setback of 1.18m rather than the required 7.5m. The Committee considered Development Services Department report DSD -19-113 dated May 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 May 3, 2019, advising they have no concerns with this application. Mr. A. Soryal and Mr. E. Vago were in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt advised the proposed development is subject to Site Plan approval. It was suggested and agreed that a condition be included as part of the Committee's decision this date that the applicant be required to apply for a building permit to the satisfaction of the Chief Building Official. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of COVANTA ENVIRONMENTAL SOLUTIONS ONTARIO INC. requesting permission to construct a rear yard addition on an existing general industrial employment building having a rear yard setback of 1.18m rather than the required 7.5m, on Part Lot 2, Registrar's Compiled Plan 1478, being Parts 7 & 8 on Reference Plan 58R-5349 and Part 2 on Reference Plan 58R-9662, 244 and 260 Shoemaker Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive Site Plan Approval to the satisfaction of the Manager of Site Development and Customer Service. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -103- CITY OF KITCHENER 4. Submission No.: A 2019-042 (Cont'd) 2. That the owner shall complete the above noted Condition 1 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. 3. That the owner shall apply for a Building Permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: 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. kitchener. ca Carried 5. Submission No.: A 2019-043 Applicant: Milestone Developments Inc. Property Location: 170 Rivertrail Avenue Legal Description: Lot 37, Registered Plan 58M-597 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having an easterly side yard setback of 1.25m rather than the required 1.5m. The Committee considered Development Services Department report DSD -19-114 dated May 13, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 3, 2019, advising they have no concerns with this application. Mr. P. Haramis 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 MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having an easterly side yard setback of 1.25m rather than the required 1.5m, on Lot 37, Registered Plan 58M-597, 170 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -104- CITY OF KITCHENER 5. Submission No.: A 2019-043 (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. kitchener. ca Carried 6. Submission No.: A 2019-044 Applicant: Gerald and Leanne Leeman Property Location: 109 North Hill Place Legal Description: Part Lot 54, German Company Tract Appearances: In Support: G., L. and N. Leeman Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to add, as a permitted use to the R-3 Zone, a dwelling unit within a portion of an existing accessory building. The accessory building containing the proposed dwelling unit was constructed in 2005. The property also contains a single detached dwelling constructed in 1962. The Committee considered Development Services Department report DSD -19-115 dated May 10, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 3, 2019, advising they have no concerns with this application. Mr. G. Leeman, Ms. L. Leeman and Ms. N. Leeman were in attendance in support of the subject application and staff recommendation. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of GERALD and LEANNE LEEMAN requesting permission to allow a dwelling unit within a portion of an existing accessory building, on Part Lot 54, German Company Tract, 107-109 North Hill Place, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. 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. kitchener. ca Carried COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -105- CITY OF KITCHENER 7. Submission No.: A 2019-045 Applicant: Miroslav Orasanin Property Location: 52 South Drive Legal Description: Part Lots 302, 303 & 304, Plan 230, being Part 1 on Reference Plan 58R-20302 (Severed Lot from Consent Application B 2018-044) Appearances: In Support: N. Orasanin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 2 -storey duplex having a rear yard setback of 6.5m rather than the required 7.5m. The Committee considered Development Services Department report DSD -19-116 dated April 30, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 3, 2019, advising they have no concerns with this application. Mr. N. Orasanin was in attendance in support of the subject application and staff recommendation. In response to questions, Mr. Orasanin advised the lot is subject to Consent Application B 2018-044, which was approved in 2018. He stated there were 13 conditions imposed through that decision, indicating only 2 conditions are still outstanding to date. He indicated the proposed application is to facilitate the sale of the lot and the conditions will be completed to finalize that transaction. He further advised a condition requiring the payment of parkland dedication was imposed as part of the consent application. Mr. S. Hannah suggested and it was agreed that a condition be included as part of the Committee's decision that Application A 2019-045 be subject to the full and final approval of Consent Application B 2018-044. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of MIROSLAV ORASANIN requesting permission to construct a 2 -storey duplex having a rear yard setback of 6.5m rather than the required 7.5m, on Part Lots 302, 303 & 304, Plan 230, being Part 1 on Reference Plan 58R-20302, 52 South Drive, Kitchener, Ontario, BE APPROVED; subject to the following condition: 1. That the owner shall receive full and final approval of Consent Application B 2018-044. 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. kitchener. ca Carried COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -106- CITY OF KITCHENER 8. Submission No.: A 2019-046 Applicant: Maxwell Building Consultants Ltd. Property Location: 18 Guelph Street Legal Description: Part Lot G, Plan 386 Appearances: In Support: K. Perrott H. Price M. Maxwell Contra: P. Quick R. & A. LeGood Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 3 -storey multi - residential townhouse development containing 13 -units having a maximum building height of 10.8m rather than the maximum permitted height of 10.5m; to permit exterior stairs to be 0.9m 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; having front yard steps which encroach onto the property line whereas the By-law does not permit encroachments; and, having a parking rate of 0.7 spaces per dwelling unit (9 off-street parking spaces) rather than the required parking rate of 1.25 spaces per dwelling unit (16 off-street parking spaces). This property is subject to Site Plan Application SP19/016/G/LT. The Committee considered Development Services Department report DSD -19-117 dated May 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 May 3, 2019, advising they have no concerns with this application. Ms. K. Perrott, Ms. H. Price and Mr. M. Maxwell were in attendance in support of the subject application. Ms. Perrott circulated a proposed change to the staff recommendation, noting they were in general support of the staff recommendation. She indicated they have minor concerns with the way the recommendation has been written in regards to the front steps encroaching onto City lands. Ms. Price referenced Section 5.6.1 (d) of the Zoning By-law where it referenced steps or access encroaching beyond the lot line. She requested the recommendation be clarified as outlined in their circulated material to clarify that up to three steps are encroaching beyond the lot line and to address the encroachment agreement condition to reference the three steps. Ms. P. Quick addressed the Committee in opposition to the subject application. She stated she has concerns with safety and overflow parking. She indicated currently parking is only permitted on one side of the street and if a parking reduction is approved, it will create more of an issue with overflow parking. She further advised when there are cars parked on -street, it reduces visibility and obstructs two-way traffic. Mr. R. LeGood & Ms. A. LeGood addressed the Committee in opposition to the subject application. Mr. LeGood advised his concerns are related to their driveway, specifically whether the proposed development would impede their access and snow storage, noting their driveway has encroached onto the subject property for over a decade. In response to questions, Mr. S. Ryder advised that the applicant did submit a Transportation Demand Management (TDM) Checklist in support of their parking reduction and Transportation Services are in support of the conclusions outlined in the Checklist. He further advised in response to the neighbours concerns regarding on -street parking it, at times, can be a contentious issue. He stated parking on the street is an amenity, which would have the same rights to all users. Questions were raised regarding the comments provided by Transportation Services related to the proposed Transportation Demand Management (TDM) measures being imposed as conditions of the Committee's decisions this date. Mr. Ryder advised staff would be supportive of the two comments being included as conditions of the Committee's approval. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -107- CITY OF KITCHENER 8. Submission No.: A 2019-046 (Cont'd) In response to further questions, Ms. J. von Westerholt advised the development has Site Plan approval in principle. Questions were raised regarding the project's affordable housing status. Mr. Maxwell advised that the project would be eligible for grant funding from other levels of government, stating a condition of the funding requires the project to remain affordable housing for a minimum of 25 years. A motion was brought forward by Mr. S. Hannah to approve the subject application as outlined in the staff recommendation, including the amendment proposed by the applicants related to the encroachment of the three stairs, as well as the two conditions outlined in the comments provided by the City's Transportation Services Division related to the proposed TDM measures. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of MAXWELL BUILDING CONSULTANTS LTD. requesting permission to construct a 3 -storey multi -residential townhouse development containing 13 -units having a maximum building height of 10.8m rather than the maximum permitted height of 10.5m; to permit exterior stairs to be 0.9m 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; having three steps which encroach beyond the property line whereas the By-law does not permit encroachments; and, having a parking rate of 0.7 spaces per dwelling unit (9 off-street parking spaces) rather than the required parking rate of 1.25 spaces per dwelling unit (16 off-street parking spaces), on Part Lot G, Plan 386, 18 Guelph Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive final approval of Site Plan Application SP19/016/G/LT. 2. That the owner shall enter into an encroachment agreement with the City of Kitchener for the encroachment of up to three stairs into the municipal right-of-way. 3. That the owner shall ensure that the extra bicycle spaces beyond the minimum required, as per the TDM report, are constructed and maintained on-site to the satisfaction of the Director of Transportation Services. 4. That the owner shall provide Transportation Services with confirmation that parking spaces will be unbundled from the residential units and sold/rented separately. 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. kitchener. ca Carried 9. Submission No.: A 2019-047 Applicant: Granite Homes Guelph Inc. Property Location: 945 Robert Ferrie Drive Legal Description: Part Lot 8, Biehn's Tract and Block 71, Registered Plan 58M-803, Block 7. Registered Plan 58M-627 Appearances: In Support: K. Barisdale COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -108- CITY OF KITCHENER 9. Submission No.: A 2019-047 (Cont'd) Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 6 -unit townhouse having a rear yard setback for the westerly end townhouse unit of 6.3m rather than the required 7.5m. The Committee considered Development Services Department report DSD -19-118 dated May 10, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 3, 2019, advising they have no concerns with this application. Ms. K. Barisdale 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 GRANITE HOMES GUELPH INC. requesting permission to construct a 6 -unit townhouse having a rear yard setback for the westerly end townhouse unit of 6.3m rather than the required 7.5m, on Part Lot 8, Biehn's Tract and Block 71, Registered Plan 58M-803, Block 7, Registered Plan 58M-627, 945 Robert Ferrie Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 10. Submission No.: A 2019-048 Applicant: Terry Ferguson Property Location: 28 Stirling Avenue South Legal Description: Lot 7, Plan 634 Appearances: In Support: V. Labreche T. Ferguson Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize a Lodging House having a lot width of 14m rather than the required 15m; to have 95 sq. m. of floor area devoted to lodging units having 3 off-street parking spaces ratherthan the required 4 off-street parking spaces; and, to be located 380m from another Lodging House whereas the By-law requires a distance separation of 400m. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 _109- CITY OF KITCHENER 10. Submission No.: A 2019-048 (Cont'd) The Committee considered Development Services Department report DSD -19-119 dated May 13, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 3, 2019, advising they have no concerns with this application. Mr. V. Labreche was in attendance in support of the subject application and staff recommendation. In response to questions, Mr. Labreche advised the existing single detached garage in the rear of the dwelling is an existing condition that pre -dates the existing Zoning By- law. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of TERRY FERGUSON requesting permission to legalize a Lodging House having a lot width of 14.2m rather than the required 15m; to have 95 sq.m. of floor area devoted to lodging units having 3 off-street parking spaces rather than the required 4 off-street parking spaces; and, to be located 380m from another Lodging House whereas the By-law requires a distance separation of 400m, on Lot 7, Plan 634, 28 Stirling Avenue South, Kitchener, Ontario, BE APPROVED. 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. kitchener. ca Carried 11. Submission No.: A 2019-049 Applicant: Silicon North Real Estate Corporation Property Location: 101-115 Margaret Avenue Legal Description: Part Lots 99 & 100, Plan 376 Appearances: In Support: R. Masri Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert an existing Lodging House into a multi -residential dwelling containing 17 -units having a front yard setback of 1.7m rather than the required 4.5m; a rear yard setback of 3.2m rather than the required 7.5m; having 9 off-street parking spaces rather than the required 21 off-street parking spaces; 0 accessible parking spaces rather than the required 1 accessible parking space; and, 0 off-street visitor parking spaces rather than the required 3 off-street visitor parking spaces. The Committee considered Development Services Department report DSD -19-120 dated May 13, 2019, recommending approval of this application, subject to the condition outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 _110- CITY OF KITCHENER 11. Submission No.: A 2019-049 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 3, 2019, advising they have no concerns with this application. Ms. R. Masri was in attendance in support of the subject application and staff recommendation. In response to questions, she advised the site currently contains a group home. Mr. S. Hannah suggested and it was agreed, that Transportation Demand Management comments provided by the City's Transportation Services department should be included as conditions of the Committee's approval this date. In response to questions, Ms. J. von Westerholt advised unbundled parking can be facilitated through a condominium document, which allows residents to determine whether they wish to purchase a parking space with their unit. It was further requested and agreed that an additional condition be included as part of the Committee's decision requiring the applicant to apply for a building permit to the satisfaction of the Chief Building Official. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of SILICON NORTH REAL ESTATE CORPORATION requesting permission to convert an existing Lodging House into a multi -residential dwelling containing 17 - units having a parking rate of 0.54 parking spaces per unit (9 off-street parking spaces) rather than the required parking rate of 1.25 parking spaces per unit (21 off-street parking spaces); 0 accessible parking spaces rather than the required 1 accessible parking space; and, 0 off-street visitor parking spaces rather than the required 3 visitor off-street parking spaces, on Part Lots 99 & 100, Plan 376, 101-115 Margaret Avenue, Kitchener, Ontario, BE APPROVED; subject to the following conditions: 1. That the owner shall receive final Site Plan Approval. 2. That the owner shall ensure that the extra bicycle spaces beyond the minimum required, as per the TDM report, are constructed and maintained on-site to the satisfaction of the Director of Transportation Services. 3. That the owner shall provide Transportation Services with confirmation that parking spaces will be unbundled from the residential units and sold/rented separately. 4. That the owner shall apply for a Building Permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: 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. kitchener. ca Carried 12. Submission No.: A 2019-050 Applicant: Kiah Group Inc. Property Location: 149-151 Ontario Street North/21 Weber Street West Leaal Description: Part Lot 11. Reaistered Plan 401. West of Weber Street East COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -111 - CITY OF KITCHENER 12. Submission No.: A 2019-050 (Cont'd) Appearances: In Support: S. Patterson S. O'Neill R. Sittler Contra: S. Ahn Written Submissions: H. Jaeger Shuh Cline & Grossman LLP The Committee was advised the applicant is requesting permission to convert an existing office/residential dwelling to a mixed-use 21 -storey, 126 -unit multi -residential dwelling having 0 off- street parking spaces rather than the required 87 off-street parking spaces required by Zoning By- law 85-1. The proposed Comprehensive Review of the Zoning By-law (CRoZBy) currently under review would require 0 off-street parking spaces for the proposed redevelopment. The Committee considered Development Services Department report DSD -19-121 dated May 14, 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 May 3, 2019, advising although they have no concerns with this application, they noted any development application on the above development would require dedicated road widening of approximately 3m along the entire property frontage along Weber Street (RR #08). Mr. S. Patterson was in attendance in support of the subject application and staff recommendation. Mr. G. Stevenson provided an overview of the application, advising the City has been reviewing various design options for the proposed redevelopment of the subject properties over the past year. He stated the City is also currently completing a Comprehensive Review of the Zoning By- law (CRoZBy), which Stage 1 has been approved by Council and is within the appeal period. He noted there is a transition phase between the current Zoning By-law and the new Zoning By-law and the subject application is intended to assist in facilitating that transition. He stated the existing Zoning By-law required 87 off-street parking spaces, the zoning on the subject property is proposed to be changed and will require 0 off-street parking spaces under the new By-law. He further advised the Zoning on the subject property was deferred by Council to its May 27, 2019 meeting pending consideration of the active planning applications at the Heritage Kitchener Advisory Committee meeting and the Committee of Adjustment meeting this date. Mr. Stevenson advised the minor variance would ensure the property is compliant with the existing By-law and the transitional policies of the new By-law to allow the development to proceed. In response to questions, Mr. Stevenson advised the applicant has completed a Site Plan pre- submission hearing, as confirmed publicly by the Owner during the Heritage Kitchener Advisory Committee meeting, and has completed a Heritage Impact Assessment and completed concept plans in regards to the proposed development. Questions were raised regarding the proposed Zoning and what would be permitted in regards to the building height. Mr. Stevenson advised under the new Zoning By-law, the permitted height of the building would be 12 stories with a Floor Space Ratio of 3.0. Ms. S. Ahn addressed the Committee in opposition to the subject application. She advised she is an owner of the adjacent property, noting she has provided a written submission further outlining some of their concerns. She requested the Committee defer the subject application for one month to allow them to meet with the owners of the subject property prior to rendering a decision on the variances. Ms. Ahn expressed concerns with the proposed parking reduction, stating in her opinion the application does not meet the four tests for determining whether the application is minor. In response to questions, Mr. Patterson advised he was in support of the staff recommendation. He indicated at his request Council deferred consideration of the Zoning on the subject property pending the outcome of the Heritage Impact Assessment at the Heritage Kitchener Advisory COMMITTEE OF ADJUSTMENT MINUTES MAY 21. 2019 -112- CITY OF KITCHENER •T51r_r1 Me, RMe, iC Committee meeting. He stated the property municipally addressed as 149-151 Ontario Street North is of cultural heritage interest and the applicant is trying to maintain that building in situ. He stated following the outcome of today's meeting, they have intentions of submitting a Site Plan approval application to the City tomorrow to begin that process. Mr. Patterson further advised the meeting with the adjacent property owner as mentioned by Ms. Ahn is likely going to be a conversation related to land acquisition. Additionally, Mr. Patterson stated he had copies of the concept plan prepared for the proposed development and circulated them to the Committee for their consideration. Ms. J. von Westerholt advised the proposed development, save and except for parking complies with Zoning By-law 85-1, which is the current Zoning By-law. The application before the Committee this date is to address the transition period between this By-law and the new Zoning By-law. Mr. Stevenson advised the parking rate for the proposed development is based on the size of the units, if the units were less than 51 sq.m they would only require 23 off-street parking spaces. Several committee members expressed concerns with the proposed development and which regulations are being considered between the By-law which is in force and effect, and the new Zoning By-law. It was noted under the existing Zoning By-law, the property owner is eligible for a greater density on site, than what would be permitted under the new Zoning By-law. Mr. B. McColl stated he had concerns with the parking reduction, stating in his opinion the parking in the Downtown is problematic and the application may have adverse impacts on the situation. Mr. Stevenson stated the building would be smaller under the new Zoning By-law, but the applicant would have various options to achieve the proposed density, including but not limited to site specific zoning through CRoZBy or a Zone Change Application. He indicated if the units in the building were proposed to be smaller, the applicant considered using a parking stacker to achieve their required 23 off-street parking spaces and the site would be in full compliance with the Zoning By-law. He stated staff encouraged the applicant to improve the ground floor design and to add various design features to maintain and enhance the heritage building, and to provide active uses at grade, which eliminated the off-street parking stacker. He stated that was the rationale on what is being proposed this date. In response to questions, Mr. Patterson advised pending the outcome of the meeting this date, if the Committee defers or refuses the subject application, it is likely he would request site specific zoning from Council at the May 27, 2019 Council meeting prior to approving the zoning proposed for the subject property in CRoZBy. Ms. von Westerholt advised CRoZBy is being approved in stages; the Urban Growth Centre and parking rates have already gone before Council and are within the appeal period. Several members expressed concerns with making a decision on the application this date, noting it would be their preference to allow the appeal period for CRoZBy to expire and allow Council to make a decision on the proposed Zoning for the subject property prior to rendering a decision on the subject application. The Chair noted, for reference to the applicant, that the Region of Waterloo is also seeking a road widening on the property that may impact the proposed development. Moved by Mr. B. McColl Seconded by S. Hannah That the application of KIAH GROUP INC. requesting permission to convert an existing office/residential dwelling to a mixed-use 21 -storey, 126 -unit multi -residential dwelling having 0 off- street parking spaces rather than the required 87 off-street parking spaces required by Zoning By- law 85-1, on Part Lot 11, Registered Plan 401, West of Weber Street East, 149-151 Ontario Street North/21 Weber Street West, BE DEFFERED to the August 20, 2019 Committee of Adjustment meeting to allow for Council to further consider CRoZBy at its meeting on Monday, May 27, 2019 related to the subject property. Carried COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -113- CITY OF KITCHENER 13. Submission No.: A 2019-051 Applicant: Alfredo and Sandra Hernandez Property Location: 25 Vanier Drive Legal Description: Part Lots 10 & 11, Registered Plan 791 Appearances: In Support: A. and S. Hernandez Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to legalize a semi-detached duplex dwelling having a driveway width of 5.6m rather than the permitted 5.2m; and, to allow a driveway to contain two different materials (concrete/asphalt) whereas the By-law requires a driveway to be a consistent material. The Committee considered Development Services Department report DSD -19-122 dated May 13, 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 May 3, 2019, advising they have no concerns with this application. Mr. A. Hernandez and Ms. S. Hernandez were in attendance in support of the subject application, including the proposed staff amendment recommendation. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of ALFREDO HERNANDEZ and SANDRA HERNANDEZ requesting permission to legalize a semi-detached duplex dwelling having a driveway width of 5.6m rather than the permitted 5.2m; on Part Lots 10 & 11, Registered Plan 791, 25 Vanier Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall ensure the driveway is returned to one consistent surface material (asphalt or concrete) to comply with the Zoning By-law by December 31, 2019. 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. kitchener. ca Carried CONSENT APPLICATIONS: 1. Submission No.: B 2019-015 Applicant: Yusuf Ishmail Property Location: 23-25 Wendy Crescent Legal Description: Lot 42, Registered Plan 1661 Appearances: In Support: Y. and F. Ishmail COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -114- CITY OF KITCHENER 1. Submission No.: B 2019-015 (Cont'd) 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 23 Wendy Crescent will have a width of 10.016m, an average depth of 34m and an area of 342.8 sq.m. The retained land municipally addressed as 25 Wendy Crescent will have a width of 10.016m, an average depth of 35.136m and an area of 348.6 sq.m. The Committee considered Development Services Department report DSD -19-123 dated May 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, Planning, Development and Legislative Services dated May 14, 2019, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Mr. Y. Ishmail and Ms. F. Ishmail were in attendance in support of the subject application and staff recommendation. Moved by Mr. M. Kidd Seconded by Mr. B. McColl That the application of YUSUF ISHMAIL requesting permission to sever a parcel of land municipally addressed as 23 Wendy Crescent having a width of 10.016m, an average depth of 34m and an area of 342.8 sq.m., on Lot 42, Registered Plan 1661, 23-25 Wendy 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 .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. 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. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -115- CITY OF KITCHENER 1. Submission No.: B 2019-015 (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 May 21, 2021. Carried 2. Submission No.: B 2019-016 Applicant: 4Front Design Build Partners Property Location: 52 Wilhelm Street Legal Description: Part Lot 6, Plan 399 Appearances: In Support: D. McMartin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 9.06m, a depth of 41.89m and an area of 366.37 sq.m. The retained land will have a width of 9.06m, a depth of 44.03m and an area of 385 sq. m. Each lot is intended for a two-storey duplex. The Committee considered Development Services Department report DSD -19-124 dated May 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 May 14, 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 applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, 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. Mr. D. McMartin was in attendance in support of the subject application and staff recommendation. The Chair requested and it was agreed to include the conditions requested by the Region of Waterloo as part of the Committee's decision this date. Moved by Mr. B. McColl Seconded by S. Hannah That the application of 4FRONT DESIGN BUILD PARTNERS requesting permission to sever a parcel of land having a width of 9.06m, a depth of 41.89m and an area of 366.37 sq. m., on Part Lot 6, Plan 399, 52 Wilhelm Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner 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 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 Agn (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 in the amount of $4,167.60. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -116- CITY OF KITCHENER 2. Submission No.: B 2019-016 (Cont'd) 4. 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. 5. 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 lands. 6. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the owner shall submit a complete Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of Engineering Services. 9. That the owner shall provide Engineering Services 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. 10. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The owner shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 11. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 12. That the owner shall submit an Environmental Noise Study to the Region of Waterloo for review and approval, 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: 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. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -117- CITY OF KITCHENER 2. Submission No.: B 2019-016 (Cont'd) 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 May 21, 2021. Carried 3. Submission No.: B 2019-017 Applicant: Theodore Russell Property Location: 177 Fifth Avenue Legal Description: Part Block F, Registered Plan 254 Appearances: In Support: D. Aston Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 10.05m, a depth of 50.18m and an area of 506.9 sq.m. The retained land will have a width of 10.05m, a depth of 50.18m and an area of 501.9 sq.m. Both lots are intended for residential development; the existing dwelling will be demolished. The Committee considered Development Services Department report DSD -19-125 dated May 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, Planning, Development and Legislative Services dated May 14, 2019, advising they have no objection to this application, subject to the following condition: That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Mr. D. Aston was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of THEODORE RUSSELL requesting permission to sever a parcel of land having a width of 10.05m, a depth of 50.18m and an area of 506.9 sq.m., on Part Block F, Registered Plan 254, 177 Fifth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 .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 MAY 21, 2019 -118- CITY OF KITCHENER 3. Submission No.: B 2019-017 (Cont'd) 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $4,623.00. 4. 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. 5. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a complete Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of Engineering Services. 8. That the owner shall provide Engineering Services 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. 9. That the owner shall make satisfactory arrangements to address existing boulevard trees that may be impacted to the satisfaction of the Director of City's Operations. 10. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 11. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a. That prior to any grading or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: i. the proposed location of all buildings (including accessory buildings and structures), decks, fencing and driveways; ii. the location of any existing buildings or structures to be removed or relocated; iii. the proposed grades and drainage; iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; and, V. justification for any trees to be removed; and further, vi. outline tree protection measures including any city trees within the Fifth Avenue ROW. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 _119- CITY OF KITCHENER 3. Submission No.: B 2019-017 (Cont'd) b. Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. 12. That the owner shall obtain Demolition Control Approval to the satisfaction of the Director of Planning. 13. 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. 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 May 21, 2021. Carried 4. Submission No.: B 2019-018 Applicant: Owl Properties Incorporated Property Location: 69 Amherst Drive Legal Description: Lots 40-42 and Part Lots 28, 29, 43-45, 47-50 & 55 and Part Sydenham Street, Registered Plan 578 Appearances: In Support: K. Barisdale Contra: V. and P. James Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land municipally addressed as 69 Amherst Drive having a width on Amherst Drive of 20.535m, a depth of 30.480m and an area of 632 sq. m. The retained parcel will be irregular in shape having width on Doon Valley Drive of 4.267m and an area of 6862 sq.m. Both parcels are intended for residential use. The Committee considered Development Services Department report DSD -19-126 dated May 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, Planning, Development and Legislative Services dated May 14, 2019, advising they have no objection to this application, subject to the following condition: COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -120- CITY OF KITCHENER 4. Submission No.: B 2019-018 (Cont'd) 1. That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Chair noted the condition requested by the Region of Waterloo and requested it be included in the Committees decision this date. Ms. K. Barisdale was in attendance in support of the subject application. She stated she was aware that the City has intentions of installing new sidewalks on Amherst Drive, noting it was her belief that they are being proposed on only one side of the street. She requested clarification if the sidewalk was being proposed on the same side as the subject property, indicating if they were proposed for the opposite side it was her preference to remove condition 3 as outlined in the staff recommendation. In response to questions, Ms. J. von Westerholt advised staff could not confirm this date which side of the street the sidewalk was proposed for. She indicated Transportation Services requested the condition, noting as a way to address the applicant's concerns, staff would be willing to amend the condition, to include the words "if required" to ensure it is a requirement only if it impacts the subject property. At the suggestion of Ms. von Westerholt, it was agreed that condition 3 of the staff recommendation related to the sidewalk should be amended to include the words "if required". Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of OWL PROPERTIES INC. requesting permission to sever a parcel of land municipally addressed as 69 Amherst Drive having a width on Amherst Drive of 20.535m, a depth of 30.480m and an area of 632 sq. m., on Lots 40-42 and Part Lots 28, 29, 43-45, 47-50 & 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 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, if required. 4. 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: 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. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 - 121 - CITY OF KITCHENER Submission No.: B 2019-018 (Cont'd) 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 May 21, 2021. Carried 5. Submission No.: B 2019-019 Applicant: Alphabet Overland Self Storage Inc. Property Location: 49 Overland Drive Legal Description: Lot 12 and Part Lots 9, 11 & 16, Plan 791, being Parts 3 & 4 on Reference Plan 58R-1275 Appearances: In Support: D. Aston Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land being irregular in shape having an approximate width on Overland Drive of 114m, an approximate depth of 85m and an area of 9,400 sq. m.; permission is also being requested to grant an irregular-shaped easement as outlined on the plan submitted with the subject application over the retained land in favour of the severed land for stormwater management. The retained land will have an approximate width on Overland Drive of 158m, an approximate depth of 139m and an area of 28,735 sq.m. A Self Storage/Warehouse use is proposed forthe severed lot and a Contractor Yard and Stormwater Management Facility is proposed for the retained land. The Committee considered Development Services Department report DSD -19-127 dated May 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, Planning, Development and Legislative Services dated May 14, 2019, advising they have no objection to this application, subject to the following condition: That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated May 13, 2019, advising a portion of the subject property is within the Riverine Flooding Hazard (floodplain) of Schneider Creek and its associated 5m regulated allowance. The GRCA recommends deferral of this application to allow time for the owner to demonstrate that vehicles and people have a way of safely entering and exiting the area in times of flooding. Mr. D. Aston was in attendance in support of the subject application. He expressed concerns with the comments from the GRCA, regarding their deferral request. He stated the subject property is outside of the flood plain. He indicated the larger issue is related to the intersection on Overland Drive being within the flood plain due to Schneider Creek. He advised in recent months a new storage facility was approved on Overland Drive and the subject application is intended to create a new lot to provide for another business on the street. He further advised the road itself is below the flood line, which would impact a number of businesses on the street. Mr. Aston requested the Committee consider the subject application this date, noting a number of the conditions that would be applied through the consent process could be addressed through the Site Plan approval COMMITTEE OF ADJUSTMENT MINUTES MAY 21. 2019 -122- CITY OF KITCHENER . �1•Ti11 Me , Ll•� 3��1ZE%a11iE%7NMir• process. He stated possible conditions for the Committee's consideration this date would be the requirement to obtain a new reference plan and possibly obtaining a GRCA permit. He indicated work has already commenced on the subject property for the construction of a stormwater facility and the subject application is intended to establish a new lot, which is not located within a flood plain. In response to questions, Mr. E. Schneider advised that staff did not receive comments from the GRCA with sufficient time to address their request. He indicated there may be the requirement for an additional easement to address the safe access requirement that was not applied for through the subject application. He indicated staff approached the GRCA with the possibility for including a condition in the Committee's decision to address their request for safe access and they indicated a deferral as their preferred option. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of Alphabet Overland Self Storage Inc. permission to sever a parcel of land being irregular in shape having an approximate width on Overland Drive of 114m, an approximate depth of 85m and an area of 9,400 sq.m.; permission is also being requested to grant an irregular- shaped easement as outlined on the plan submitted with the subject application over the retained land in favour of the severed land for stormwater management, on Lot 12 and Part Lots 9, 11 & 16, Plan 791, being Parts 3 & 4 on Reference Plan 58R-1275, 49 Overland Drive, Kitchener, Ontario, BE DEFERRED to the June 18, 2019 Committee of Adjustment meeting, to allow additional time to address the comments from the GRCA regarding their request for safe access. Carried 6. Submission No.: B 2019-020 Applicant: MB Future Homes Ltd. Property Location: 28 Burgetz Avenue Legal Description: Part Lot 4, Registered Plan 589, being Parts 2 & 3 on Reference Plan 58R-15112 Appearances: In Support: M. Prebreza Contra: S. Dahmer Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land containing an existing 2 -storey log dwelling having a width of 15.266m, a depth of 29.46m and an area or 434.9 sq. m. The retained land will have a width of 25.295, a depth of 28.273m and an area of 815.2 sq.m. The retained land is intended for residential development. The Committee considered Development Services Department report DSD -19-128 dated May 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 May 14, 2019, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Mr. M. Prebreza was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -123- CITY OF KITCHENER 6. Submission No.: B 2019-020 (Cont'd) That the application of MB FUTURE HOMES LTD. requesting permission to sever a parcel of land containing an existing 2 -storey log dwelling having a width of 15.266m, a depth of 29.46m and an area or 434.9 sq. m., on Part Lot 4, Registered Plan 589, being Parts 2 & 3 on Reference Plan 58R-15112, 28 Burgetz 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 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 in the amount of $11,635.70. 4. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections and the removal of redundant services to the severed lands and retained lands. 6. 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 for the retained lands. 7. That the owner shall make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the owner shall make arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping, closure of the redundant driveway ramp on the retained lands and installation of a new driveway ramp on the severed lands. 9. That the owner shall reconstruct or repair the retaining wall along the south-western property line to the satisfaction of the City's Director of Engineering Services and/or Chief Building Official. A building permit will be required to replace the retaining wall if the wall exceeds 1000mm in height. 10. That the owner shall receive approval of the Heritage Impact Assessment (HIA) dated March 2018 and the Conservation Plan dated July 2018 and prepared by MHBC Planning Limited, for 28 Burgetz Avenue, from the City's Director of Planning. 11. 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 lands which shall include the following: That following the completion of building renovations contemplated under Building Permit 19-101721, the owner agrees that the property containing the log house be designated under Part IV of the Ontario Heritage Act. That a new driveway 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 Chief Building Official. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -124- CITY OF KITCHENER Submission No.: B 2019-020 (Cont'd) 12. 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 retained lands which shall include the following: "That prior to any grading, tree removal, or the application for or issuance of a building permit, the owner shall submit a Tree Preservation Plan in accordance with the City's Tree Management Policy. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved and must be prepared by qualified consultants, to the satisfaction of the City's Director of Planning. The owner further agrees to implement the approved plans. No changes to the plans shall be granted except with the prior approval of the City's Director of Planning." 13. That the owner shall: complete a building code assessment, prepared by a qualified designer, to confirm that the proposed property line and any of the building adjacent to this new property line comply with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall addresses items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. obtain a building permit for any remedial work/upgrades required by the building code assessment. 14. 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. 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 May 21, 2021. Carried Submission Nos.: B 2019-021 & B 2019-022 Applicant: 2184647 Ontario Limited & Breithaupt Block Inc. Property Location: 20-24 Breithaupt Street Legal Description: Lots 135-138 and Part Lots 133, 134, 139 & 140, Registered Plan 376 - and - COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -125- CITY OF KITCHENER Submission No.: B 2019-023 Applicant: 2184647 Ontario Limited & Breithaupt Block Inc. Property Location: 26, 43, 47, 53, 55 Wellington Street North, 2, 12 Moore Avenue and 20 Breithaupt Street Legal Description: Part Lots A & E and Lots B -D, Plan 22, Part Lots 133, 134, 139 & 140 and Lots 135-138, Plan 376, being Parts 2-7 on Reference Plan 58R-3538 Appearances: In Support: A. Bobechko C. Beattie K. Mitikuticwz Contra: D. Elliott C. Owens Written Submissions: None Regarding Applications B 2019-021 and B 2019-022, the Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 43.2m, a depth of 48.1 m and an area of 2,069 sq.m. The retained land will have a width of 67.9m, a depth of 48m and an area of 3,263 sq.m. Permission is also being requested to grant an easement over the severed land having a width of 14m and a depth of 48.1 m in favour of the retained lands for access. Regarding Application B 2019-023, the Committee was advised the applicants are requesting permission for a lease in excess of 21 years for the subject property having frontage on Breithaupt Street, Moore Avenue and Wellington Street North also known as "The Breithaupt Block Phase 3" for a total area of 27870.912 sq.m. The public lane is intended to be closed to facilitate the redevelopment of the subject parcel. The Committee considered Development Services Department report DSD -19-129 dated May 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, Planning, Development and Legislative Services dated May 14, 2019, advising they have no objection to application B 2019- 021, subject to the following condition: 1. That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. In addition, the Region advised they have no objection to applications B 2019-022 and B 2019-023. Ms. A. Bobechko was in attendance in support of the subject applications and staff recommendations. Submission No.: B 2019-021 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of 2184647 ONTARIO LIMITED & BREITHAUPT BLOCK INC. requesting permission to sever a parcel of land having a width of 43.2m, a depth of 48.1 m and an area of 2,069 sq.m., on Lots 135-138 and Part Lots 133, 134, 139 & 140, Registered Plan 376, 20-24 Breithaupt Street, 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, COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -126- CITY OF KITCHENER Submission No.: B 2019-021, B 2019-022 and B 2019-023 (Cont'd) Submission No.: B 2019-021 (Cont'd) 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 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. 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 May 21, 2021. Carried Submission No.: B 2019-022 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of 2184647 ONTARIO LIMITED & BREITHAUPT BLOCK INC. requesting permission to grant an easement over the severed land having a width on Breithaupt Street of 14m, a depth of 48.1 m and an area of approximately 678.2 sq. m. in favour of the retained lands for access, on Lots 135-138 and Part Lots 133, 134, 139 & 140, Registered Plan 376, 20-24 Breithaupt Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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. 2. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor: a clear and specific description of the purpose of the Easement(s) 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); a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity. COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -127- CITY OF KITCHENER 7. Submission No.: B 2019-021, B 2019-022 and B 2019-023 (Cont'd) Submission No.: B 2019-022 (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. 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 May 21, 2021. Carried Submission No.: B 2019-023 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of 2184647 ONTARIO LIMITED & BREITHAUPT BLOCK INC. requesting permission for a lease in excess of 21 years for the subject property having frontage on Breithaupt Street, Moore Avenue and Wellington Street North also known as "The Breithaupt Block Phase 3" for a total area of 27,318 sq. m., on Part Lots A & E and Lots B -D, Plan 22, Part Lots 133, 134, 139 & 140 and Lots 135-138, Plan 376, being Parts 2-7 on Reference Plan 58R- 3538, 43, 47, 53 & 55 Wellington Street North, 2-12 & 26 Moore Avenue, 20 Breithaupt Street, Kitchener, Ontario, BE APPROVED. 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. 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 May 21, 2021. Carried COMMITTEE OF ADJUSTMENT MINUTES MAY 21, 2019 -128- CITY OF KITCHENER ADJOURNMENT On motion, the meeting adjourned at 11:34 a.m. Dated at the City of Kitchener this 21st day of May, 2019. Dianna Saunderson Secretary -Treasurer Committee of Adjustment