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HomeMy WebLinkAboutCA - 2019-06-18COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 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 Ms. J. Meader 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. H. Dyson, 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, June 24, 2019 at 7:00 p.m. and applicants may register with the City Clerk to appear at the meeting if desired. UNFINISHED BUSINESS: SIGN APPLICATION 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 July 16, 2019 for consideration, as no one was in attendance this date in support of the subject application. The Committee recessed at 10:03 a.m. and reconvened at 10:29 a.m., Chaired by Mr. D. Cybalski, with all members present. NEW BUSINESS: SIGN APPLICATIONS 1. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: Written Submissions SG 2019-012 Waterloo Region District School Board 1250 Victoria Street South Block 153. Plan 1689 C. Cluthe None COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 2019 -18- CITY OF KITCHENER 1. Submission No.: SG 2019-012 (Cont'd) The Committee was advised the applicant is requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy located 75m from a residential zone rather than the required 100m; and, for the sign to only have the civic number whereas the By-law requires the sign to have the civic number and the street name. The Committee considered Development Services Department report DSD -19-145 dated June 11, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 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. B. McColl Seconded by Mr. M. Kidd 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 75m from a residential zone rather than the required 100m; and, for the sign to only have the civic number whereas the By-law requires the sign to have the civic number and street name, on Block 153, Plan 1689, 1250 Victoria Street South, 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 that the automatic changing copy portion of the sign is turned off between the hours of 11:00 p.m. and 6:00 a.m. 3. That the owner shall complete the above noted Condition 1 prior to December 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried 2. Submission No.: SG 2019-013 Applicant: Highland Park Shopping Centre Ltd. Property Location: 525 Highland Road West Legal Description: Part Lot 21, Plan 1004, being Parts 1 to 4 on Reference Plan 58R- 5638 Appearances: In Support: P. Chance Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 2019 _19- CITY OF KITCHENER 2. Submission No.: SG 2019-013 (Cont'd) The Committee was advised the applicant is requesting permission for multi -unit commercial building to have fascia signs with a width of 100% of the individual unit rather than the maximum 90%; and, to have a separation distance between the fascia signs of 0.08m rather than the required 0.3m. The Committee considered Development Services Department report DSD -19-146 dated June 11, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 3, 2019, advising they have no concerns with this application. Ms. P. Chance was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of HIGHLAND PARK SHOPPING CENTRE LTD; requesting permission to for multi -unit commercial building to have fascia signs with a width of 100% of the individual unit rather than the maximum 90%; and, to have a separation distance between the fascia signs of 0.08m rather than the required 0.3m, on Part Lot 21, Plan 1004, being Parts 1 to 4 on Reference Plan 58R-5638, 525 Highland Road West, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:30 a.m. Dated at the City of Kitchener this 18th day of June, 2019 Dianna Saunderson Secretary -Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:03 a.m. Present: Mr. D. Cybalski - Chair Mr. B. McColl Ms. J. Meader Mr. S. Hannah Mr. M. Kidd Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Mr. E. Schneider, Junior Planner Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the regular minutes of the Committee of Adjustment meeting held May 21, 2019, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS sleL 69 :1 Ll 11 rel» U:Ni'll I Lei F 1. 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 this application be deferred to allow further dialogue with the applicant. 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. COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 2019 -130- CITY OF KITCHENER Submission No.: B 2019-019 (Cont'd The Committee considered the report of the Grand River Conservation Authority (GRCA) dated June 10, 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 indicated he has attended preliminary Site Plan meetings regarding the safe access policy due to the property being located within the flood plain, noting a resolution has not yet been identified. He agreed to a proposed three month deferral, with the option to reschedule to an earlier date, pending the outcome of the discussions with staff and the GRCA. Moved by Ms. J. Meader 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 September 17, 2019 Committee of Adjustment meeting, with the opportunity to reschedule to an earlier date pending the outcome of discussions with the Grand River Conservation Authority (GRCA) regarding their request for safe access. Carried COMBINED APPLICATIONS: 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: R. Broadfoot Contra: R. Boshart R. A. Kuehl Written Submissions: Neighbourhood Comments 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 -19-155 dated June 7, 2019, recommending refusal of these applications. COMMITTEE OF ADJUSTMENT MINUTES JUNE 18. 2019 - 131 - CITY OF KITCHENER i��1•Ti11 CTi1�C•>` ►�iZ�ail�ClE Ire 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. 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 Committee considered comments from Canadian National (CN) Railway dated June 7, 2019, stating the standard setback for development on this property as per the FCM/RAC Guidelines and CN's site development standards is 15 metres. They indicated it appears the property would be only 10 metres from the mutual property line, adding variances in setback require additional mitigation such as a berm or crash wall. They noted as this is a single lot development, these options are likely not feasible and the reduced set back without additional mitigation measures increases the risk for development on this site. CN Rail indicated the noises feasibility study suggest the property could meet the NPC -300 noise standards with brick/masonry construction, stating the study recommends additional design work will be necessary as the vibration levels exceed the CN standards by a "wide margin." They indicated the standard is 0.14 mm/s and the measurements range from 0.31mm/s to 0.56 mm/s which is significantly in excess of the standards. CN Rail stated they do not support this application for severance and the construction of a duplex on the property based on the excessive levels of vibration, noting while it may be possible to mitigate the building for vibration inside the building, there would also be an impact on the ability of the residents to enjoy their outdoor space which would face the rail line. They stated In addition to the vibration, there is also a safety concern presented by the reduced setback. CN rail noted they would not object to additional intensification within the existing residence. Mr. R. Broadfoot was in attendance in support of the subject application and in opposition to the staff recommendation. He indicated the proposed development is anticipated to be an all -brick dwelling to address potential railway vibration concerns. Mr. R. Boshart was in attendance in opposition of the subject application. He expressed concerns with an additional dwelling being constructed in the rear yard of an existing dwelling adjacent to a railway line. He stated in his opinion, the railway line is active and the noise and vibration would have greater impact to the proposed home than suggested by the applicant. He further advised he has concerns that the proposed dwelling will also impact enjoyment of the amenity space of surrounding properties. Mr. Boshart noted a 'for sale' sign was placed on the property this date, questioning the applicant's intentions. Ms. R. Kuehl was in attendance in opposition of the subject application. She expressed concerns with the grade change in the rear yard of the subject property and potential issues with: erosion; drainage; lack of privacy; and, adverse impacts to the surrounding properties due to construction. In response to questions, Mr. Broadfoot circulated additional drawings and noise mitigation documents summarizing possible options that would address noise volumes for the proposed development. He indicated a regular wooden fence should reduce noise levels by approximately 25 decibel (dBa), whereas a brick fence would have greater affects on reducing the dBa volumes. He stated he appreciated the neighbours concerns, noting his intention with the proposed development is to respect the heritage aspect of the neighbourhood. He indicated in his opinion, the house at 128 Mill Street was rundown when he purchased it and is now beautiful and should not be demolished. Mr. Broadfoot advised that if the application was approved, he would be required to complete a number of conditions, including a tree management plan and servicing, which in his opinion would address the majority of the concerns raised this date. He further advised it was his intention to construct a raised bungalow, noting because of the grade change only the peak of the roof would be visible over the proposed fence. Questions were raised on whether consideration had been given to expanding the existing dwelling rather than creating a new lot. Mr. Broadfoot advised he had addressed that option with staff and it was agreed that it would be a less aesthetically pleasing option. COMMITTEE OF ADJUSTMENT MINUTES JUNE 18. 2019 -132- CITY OF KITCHENER i��1•Ti1 CTi1�C•>` ►�iZ�ail�ClE Ire Mr. S. Hannah questioned the proposed servicing to the property and what may need to be undertaken to extend the storm sewer to facilitate the development. Mr. Broadfoot advised that he was not sure this date what was entailed, noting he had spoken with an engineer but was unsure what was involved. He stated he was under the impression the Committee only had concerns related to noise, not servicing. He indicated the comments from Engineering Services outlined in the Report do not indicate any concerns with the proposed lot creation. In response to questions, Ms. J. von Westerholt advised she was unaware of the total number of flag lots that currently exist within the City. She stated she was only aware of two instances within the past 12 years where flag lots were approved through the Committee of Adjustment. She stated in this instance, the Planner for this file could not support the subject application due to the number of concerns raised by public agencies with respect to rail noise, vibration concerns and safety, and whether it was an appropriate property for a second dwelling. Mr. B. McColl stated in his opinion there are a number of issues related to the creation of a flag lot, including snow removal and mail delivery. He expressed concerns with the proposed variance not being minor and the number of written submissions received from neighbours in opposition to the subject applications. He further advised the Region of Waterloo and CN Rail have also expressed significant concerns with the proposed development. He stated for those reasons he did not believe it was an appropriate development and could not support the subject application this date. In response to questions regarding servicing, Ms. von Westerholt advised she was unsure where the existing storm sewer concluded and how far the applicant may be required to extend it to service the proposed lot. Mr. S. Hannah stated in addition to the concerns raised by Mr. McColl, in his opinion the proposed design was not consistent with the character of the neighbourhood and creating a new lot in the rear of the property would create privacy issues. He expressed further concerns with the comments related to extending the storm sewer, noting the change in grading on the property may need to be significantly altered to accommodate proper drainage. Submission No.: A 2019-038 Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of ROBERT RYAN BROADFOOT and RACHEL MOLNAR requesting permission for the severed lot (Consent Application B 2019-014) to have a minimum lot width of 5.2m rather than the required 9.Om on Lot 315, Subdivision of Lot 17, German Company Tract, 128 Mill Street, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: 1. The variance requested in this application is not minor. 2. This application is desirable not 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 not being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions received the public agencies and neighbouring property owners in opposition to the subject Consent application. The concerns related to: noise due to the adjacent railway; compatibility with the surrounding area; drainage; privacy; and, character of the neighbourhood. The concerns were considered and taken into account as part of the Committee's decision-making process, which resulted in the refusal of 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 JUNE 18, 2019 -133- CITY OF KITCHENER 1. Submission Nos.: B 2019-014 & A 2019-038 (Cont'd) Submission No.: B 2019-014 Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of ROBERT RYAN BROADFOOT and RACHEL MOLNAR requesting permission to sever an L-shaped parcel of land having a width of 5.14m, a depth of 25.95m and an area of 678.3 sq.m., on Lot 315, Subdivision of Lot 17, German Company Tract, 128 Mill Street, Kitchener, Ontario, BE REFUSED. It is in the opinion of the Committee that the proposed development is not suitable or appropriate development for the subject property based on the comments received from the various public agencies as well as the proposed variance not being minor. Pursuant to Section 53 of the Planning Act, the Committee considered all oral and written submissions received from the public agencies and neighbouring property owners in opposition to the subject Consent application. The concerns related to: noise due to the adjacent railway; compatibility with the surrounding area; drainage; privacy; and, character of the neighbourhood. The concerns were considered and taken into account as part of the Committee's decision-making process, which resulted in the refusal of the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried The Committee recessed at 10:28 a.m. and reconvened at 10:31 a.m., Chaired by Mr. D. Cybalski. NEW BUSINESS MINOR VARIANCE APPLICATIONS: Submission No.: A 2019-052 Applicants: Daniel and Heather Nicholson Property Location: 284 Mausser Avenue Legal Description: Subdivision of Lot 18, Part Lot 49, German Company Tract Appearances: In Support: S. Allen Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission for an existing single detached dwelling to have one required off-street parking space having a width of 2.6m wide and a depth of 2.9m rather than the required 2.6m by 5.5m depth due to the installation of a new sidewalk. The Committee considered Development Services Department report DSD -19-147 dated June 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 June 3, 2019, advising they have no concerns with this application. Mr. S. Allen was in attendance in support of the subject application and staff recommendation. Ms. J. von Westerholt clarified Mr. Allen is a City of Kitchener employee acting as agent for the subject application. She stated the City made the application on behalf of the property owners due to the nature of the municipal works on the subject property. She stated the property owners COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 2019 -134- CITY OF KITCHENER 1. Submission No.: A 2019-052 (Cont'd) will still be required to obtain an encroachment agreement for the parking space, as outlined in the staff recommendation. Mr. Allen confirmed the setback was sufficient to accommodate another parking space on the subject property. Moved by Mr. S. Hannah Seconded by Ms. J. Meader That the application of DANIEL and HEATHER NICHOLSON requesting permission for an existing single detached dwelling to have one required off-street parking space having a width of 2.6m wide and a depth of 2.9m rather than the required 2.6m by 5.5m depth, on Subdivision of Lot 18, Part Lot 49, German Company Tract, 284 Mausser Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall enter into an encroachment agreement for the parking spaces with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands. 2. That the owner shall complete the above noted Condition 1 prior to February 1, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 2. Submission No.: A 2019-053 Applicants: 627220 Ontario Inc. Property Location: 99 College Street Legal Description: Part Lot 7, Plan 401, being Part 1 on Reference Plan 58R-1450 Appearances: In Support: J. Gibson Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert an existing triplex into a four-plex by adding an additional residential unit in the basement and legalizing the lot width of 13.41m rather than the required 15m; and, an existing easterly side yard setback of 1.05m rather than the required 1.2m. The Committee considered Development Services Department report DSD -19-148 dated June 7, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 3, 2019, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 2019 -135- CITY OF KITCHENER 2. Submission No.: A 2019-053 (Cont'd) Mr. J. Gibson was in attendance in support of the subject application and staff recommendation He confirmed the proposed dwelling will contain four units. In response to questions, Ms. J. von Westerholt agreed the staff recommendation should be amended to reference four units rather than three. She further advised the current zoning permits a multiple dwelling on the subject property. In response to further questions, she confirmed a building permit would be required through the Site Plan process. Moved by Mr. M. Kidd Seconded by Mr. B. McColl That the application of 627220 ONTARIO INC. requesting permission to allow a multiple residential dwelling (4 -units) on a lot having a width of 13.41 m rather than the required 15m; and, an existing easterly side yard setback of 1.05m rather than the required 1.2m, on Part Lot 7, Plan 401, being Part 1 on Reference Plan 58R-1450, 99 College Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 May 1, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 3. Submission No.: A 2019-054 Applicant: Claudine Boterman Property Location: 10 Gordon Avenue Legal Description: Part Lot 15, Plan 429 Appearances: In Support: M. Boterman Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing single family dwelling having two driveways whereas the By-law only permits one driveway; and, to have a parking stall having a width of 2.6m wide and a depth of 5.4m rather than the required 2.6m by 5.5m depth. COMMITTEE OF ADJUSTMENT MINUTES JUNE 18. 2019 -136- CITY OF KITCHENER e��1•T511�r•Ti1�t:7i�_��iy�ai�Z!<NZ.7iiiC The Committee considered Development Services Department report DSD -19-149 dated June 11, 2019, recommending refusal of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 3, 2019, advising they have no concerns with this application. Mr. M. Boterman was in attendance in support of the subject application. He confirmed the second driveway had been in existence for 18 years. In response to questions, he stated the driveway leading towards the garage is too narrow for vehicle access to the rear of the dwelling. In response to questions, Ms. J. von Westerholt stated the subject application is as a result of a complaint made to By-law Enforcement. She noted although staff have recommended refusal of this application there is an alternative recommendation within the Report, including a condition that the applicant would be required to enter into an encroachment agreement for the driveway, if it was the Committee's wish to approve the application this date. In response to questions, Mr. D. Seller advised no driveway visibility issues were identified, stating as the subject property is located on a dead-end street with minimal traffic, Transportation Services has no concerns with the subject application. Ms. J. Meader stated in her opinion staff always work towards finding amenable resolutions, indicating the recommended refusal is not a common inference. She noted Transportation Services and heritage staff have no concerns with the second driveway, and it appeared the neighbours are in support of the subject application. She stated as the subject property is located on a dead-end street, she believed there would be no adverse impact on the neighbouring properties and she was in support of the subject application. Mr. B. McColl moved approval of the subject application, including a condition requiring the applicant to enter into an encroachment agreement as suggested in the staff report, which was seconded by Mr. S. Hannah. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of CLAUDINE BOTERMAN requesting permission to legalize an existing single family dwelling having two driveways whereas the By-law only permits one driveway; and, to have a parking stall having a width of 2.6m wide and a depth of 5.4m rather than the required 2.6m by 5.5m depth, on Part Lot 15, Plan 429, 10 Gordon Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain an encroachment agreement for the parking space located on City lands to be prepared by the City Solicitor and registered on title of the subject lands. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 2019 -137- CITY OF KITCHENER Submission No.: A 2019-055 Applicant: Activa Group Property Location: 277 Field Sparrow Crescent Legal Description: Lot 21, Registered Plan 58M-552 Appearances: In Support: P. Florica Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a rear yard setback of 6.7m rather than the required 7.5m. The Committee considered Development Services Department report DSD -19-150 dated June 7, 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 June 3, 2019, advising they have no concerns with this application. Mr. P. Florica was in attendance in support of the subject application and staff recommendation. In response to questions, he advised the application was intended to accommodate a covered porch in the rear yard of the subject property. Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a rear yard setback of 6.7m rather than the required 7.5m, on Lot 21, Registered Plan 58M-552, 277 Field Sparrow Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall submit revised building drawings and grading plan to the City's Building Division prior to October 1, 2019. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 5. Submission No.: A 2019-056 Applicant: HIP 741 King St. Inc. Property Location: 741-751 King Street West Legal Description: Part Lots 44 and 45, Plan 377 Appearances: In Support: T. Hawkins Contra: None COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 2019 -138- CITY OF KITCHENER 5. Submission No.: A 2019-056 (Cont'd) Written Submissions: None The Committee was advised the applicant is requesting permission to construct an 18 -storey commercial/residential dwelling containing 206 -units having a parking rate of 0.68 spaces per unit (153 off-street parking spaces) rather than the required parking rate of 1 space per unit (218 off- street parking spaces); having 20% visitor parking spaces based on the proposed 0.68 space per unit parking rather than 20% visitor parking rate at the required 1 space per unit parking rate; and, to permit two supporting pillars to be located within the King Street West Driveway Visibility (DVT) Triangle whereas the By-law does not permit encroachments into the DVT. The Committee considered Development Services Department report DSD -19-151 dated June 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 June 3, 2019, advising they have no concerns with this application. Mr. T. Hawkins was in attendance in support of the subject application and staff recommendation. In response to questions, he advised 18% of the residential units are two - bedrooms with the remaining are one -bedroom units. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of HIP 741 KING ST INC. requesting permission to construct an 18 -storey commercial/residential dwelling containing 206 -units having a parking rate of 0.68 spaces per unit (153 off-street parking spaces) rather than the required parking rate of 1 space per unit (218 off-street parking spaces); and, to permit two supporting pillars to be located within the King Street West Driveway Visibility (DVT) Triangle whereas the By-law does not permit encroachments into the DVT, on Part Lots 44 and 45, Plan 377, 741-751 King Street West , Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall ensure Transportation Demand Management measures, including the provision of secure indoor bicycle parking, a dedicated car share parking space, and active uses at grade, are provided through the Site Plan approval process. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 6. Submission No.: A 2019-057 Applicant: Kiah Group Inc. Property Location: 152 Weichel Street Legal Description: Part 6 on Reference Plan 58R-414 Appearances: In Support: S. Patterson Contra: None COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 2019 -139- CITY OF KITCHENER 6. Submission No.: A 2019-057 (Cont'd) Written Submissions: None The Committee was advised the applicants are requesting permission to construct a 6 -unit 3 -storey residential dwelling having a side yard abutting Victoria Street South of 3.4m rather than the required 4.5m; having a Floor Space Ratio (FSR) of 0.69 rather than the maximum permitted FSR of 0.6; and, having 8 off-street parking spaces (1.5 spaces per unit) rather than the required 9 off- street parking spaces (1.33 spaces per unit). The Committee considered Development Services Department report DSD -19-152 dated June 11, 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 June 3, 2019, advising they have no concerns with this application. Mr. S. Patterson was in attendance in support of the subject application and staff recommendation. He provided a brief overview of the application and the parking reduction justification. In response to questions, Mr. D. Seller advised staff have no issues with the proposed parking reduction. He indicated the condition outlined in the staff recommendation related to the parking brief is to formalize the request and give a clear justification for the parking rate reduction. He further advised the brief being requested would not have any conditions related to implementation of Transportation Demand Management measures. Questions were raised regarding the Corner Visibility Triangle (CVT). Mr. E. Schneider advised the proposed widening was being requested by the Region of Waterloo. He stated the variance for the side yard setback was measured from the original property line. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of KIAH GROUP INC. requesting permission to construct a 6 -unit 3 -storey residential dwelling having a side yard abutting Victoria Street South of 3.4m rather than the required 4.5m; a Floor Space Ratio (FSR) of 0.69 rather than the maximum permitted FSR of 0.6; and, having 8 off-street parking spaces (1.33 spaces per unit) rather than the required 9 off- street parking spaces (1.5 spaces per unit), on Part Lot 4, Plan 793, being Part 6 on Reference Plan 58R-414, 152 Weichel Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit a parking justification brief and receive approval to the satisfaction of the Director of Transportation by October 31, 2019. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 2019 -140- CITY OF KITCHENER Submission No.: A 2019-058 Applicant: Catalyst 137 Kitchener Inc. Property Location: 137 Glasgow Street Legal Description: Part Lot 492, Plan 377, Part Lots 10-14, Plan 402, being Parts 10, 11, 13-16 & 18-23 on Reference Plan 58R-9638 Appearances: In Support: C. Pidgeon Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for an existing office/service commercial building to have a parking rate of 1 space for every 43.3 sq.m. of Gross Floor Area (GFA) rather than the required parking rate of 1 space per 28 sq.m. of GFA. The Committee considered Development Services Department report DSD -19-153 dated June 7, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 3, 2019, advising they have no concerns with this application, subject to the conditions outlined in the Report. Mr. C. Pidgeon 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 CATALYST 137 KITCHENER INC. requesting permission for an existing office/service commercial building to have a parking rate of 1 space for every 43.3 sq.m. of Gross Floor Area (GFA) rather than the required parking rate of 1 space per 28 sq. m. of GFA, on Part Lot 492, Plan 377, Part Lots 10-14, Plan 402, being Parts 10, 11, 13-16 & 18-23 on Reference Plan 58R-9638, 137 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall update the site plan to the satisfaction of the Manager of Site Development and Customer Service to account for changes in gross floor area and parking requirements. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 2019 - 141 - CITY OF KITCHENER CONSENT APPLICATIONS 1. Submission No.: B 2019-024 Applicant: 2326035 Ontario Inc. Property Location: 209-211 Heiman Street Legal Description: Subdivision of Lot 18, Part Lot 70, German Company Tract Appearances: In Support: S. O'Neill 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 211 Heiman Street will have a width of 8.585m, a depth of 26.523m and an area of 236 sq.m. The retained land municipally addressed as 209 Heiman Street will have a width of 9.51 m, an average depth of 26.540m and an area of 318 sq. m. The Committee considered Development Services Department report DSD -19-154 dated June 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, Planning, Development and Legislative Services dated June 7, 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. S. O'Neill was in attendance in support of the subject application and staff recommendation. The Chair noted the condition from the Region of Waterloo and requested it be included in the Committee's decision. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of 2326035 ONTARIO INC. 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 211 Heiman Street will have a width of 8.585m, a depth of 26.523m and an area of 236 sq.m. The retained land municipally addressed as 209 Heiman Street will have a width of 9.51 m, an average depth of 26.540m and an area of 318 sq. m„ on Subdivision of Lot 18, Part Lot 70, German Company Tract, 209-211 Heiman 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, 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 parkland dedication the amount of $3949.10. 4. 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. COMMITTEE OF ADJUSTMENT MINUTES JUNE 18, 2019 -142- CITY OF KITCHENER 1. Submission No.: B 2019-024 (Cont'd) 5. 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. 6. That the owner shall provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 7. 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 severed and retained lands. 8. That the owner shall provide Engineering Services with confirmation that the basement elevation of the future dwellings can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required 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, at the cost of the owner. 9. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 18, 2021. Carried ADJOURNMENT On motion, the meeting adjourned at 10:54 a.m. Dated at the City of Kitchener this 18th day of June, 2019. Dianna Saunderson Secretary -Treasurer Committee of Adjustment