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Home My WebLink AboutCA - 2019-07-16COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:04 a.m. Present: Mr. D. Cybalski - Chair Mr. B. McColl Ms. J. Meader 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, August 26, 2019 at 7:00 p.m. and applicants may registerwith the City Clerkto appear at the meeting if desired. JIM aIN69:1:10:11,R]IN43*3 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: S. Singh Contra: None Written Submissions: None The Committee was advised the applicant is 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%. The Committee considered Development Services Department report DSD -19-108 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 3, 2019, advising although they have no objection to this application, they noted there is another ground -mounted business sign which is encroaching into Victoria Street right-of-way. They requested the owner to confirm if there is an existing encroachment agreement in place; if not, the same would be required with the Region. Mr. S. Singh was in attendance in support of the subject application and staff recommendation. The Chair noted, for the applicants' information, the comments from the Region of Waterloo related to encroachment. Moved by Mr. B. McColl Seconded by Mr. M. Kidd 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%, on Lot 6, Plan 712, Block B, Plan 928, 907 Frederick Street, Units 3, 4 and 5, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -21- CITY OF KITCHENER 1. Submission No.: SG 2019-010 (Cont'd) 2. 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 NEW BUSINESS: '. [r] 1Ie1» [Nei 101k 10 1. Submission No.: SG 2019-014 Applicant: City of Kitchener Property Location: 150 Pioneer Drive Legal Description: Part Block L, Registered Plan 1318 Appearances: In Support: C. Colvin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy located 59m from a residential zone rather than the required 100m; and, for the sign to have an area of 4.6 sq.m. rather than the maximum permitted 3 sq.m. The Committee considered Development Services Department report DSD -19-161 dated July 5, 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 July 5, 2019, advising they have no concerns with this application. The Committee was in receipt of comments from the Ministry of Transportation (MTO) dated July 9, 2019 advising they have no concerns with this application. Ms. C. Colvin was in attendance in support of the subject application and staff recommendation. The Chair requested, and it was agreed, that an additional condition be included in the Committee's decision this date requiring the applicant to provide a site drawing to the satisfaction of the Director of Transportation Services demonstrating the location of the proposed sign, to confirm it is outside the Driveway Visibility Triangle (DVT). Mr. B. McColl further requested, and it was agreed, that a further condition be included in the Committee's decision this date that minor variance approval shall be generally in accordance with the plans submitted with the subject application. Moved by Mr. B. McColl Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -22- CITY OF KITCHENER 2. Submission No.: SG 2019-014 (Cont'd) That the application of CITY OF KITCHENER requesting permission to replace the existing sign with a ground -supported sign having automatic changing copy located 59m from a residential zone rather than the required 100m; and, for the sign to have an area of 4.6 sq. m. rather than the maximum permitted 3 sq.m., on Part Block L, Registered Plan 1318, 150 Pioneer Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That approval of sign variance Application SG 2019-014 be generally as per the plans submitted with the application. 2. That the owner shall obtain a sign permit for the proposed business from the Planning Division. 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 ensure the automatic changing copy portion of the sign is turned off between the hours of 11:00 p.m. and 6:00 a.m. 5. That the owner shall provide a site plan demonstrating that the sign location is outside the Driveway Visibility Triangle (DVT) to the satisfaction of the Director of Transportation Services. 6. That the owner shall complete the above noted Conditions 1 to 5 no later than November 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 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 Submission No.: SG 2019-015 Applicant: Cadillac Fairview Property Location: 2960-3050 Kingsway Drive Legal Description: Part Lot 4, Plan 962, Part Lots 10 & 14, Plan 961, being Parts 1-6, 22, 24 & 25 on Reference Plan 58R-1539 Appearances In Support: G. Collins G. Walters Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for an existing commercial plaza (Fairview Mall) to have three signs located on the subject property requiring variances from the Sign By-law specifically as follows: COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -23- CITY OF KITCHENER 3. Submission No.: SG 2019-015 (Cont'd) Water Tower Ground -Supported Sign (located adjacent to Fairway Road South), having a height of 15.24m rather than the maximum permitted height of 7.5m; a sign area of 21.33 sq. m. rather than the maximum permitted 20 sq. m.; to have a separation distance from another ground -supported sign on the subject property of 15.4m rather than the required 50m; and, to have no civic address on the sign whereas the By-law requires all ground -supported signs to have a civic address; and, Smoke Stack Fascia Sign (Located on the Fairway Road South side of the building adjacent to the former Sears Building), having a sign located on an architectural feature whereas the By-law does not permit signs on an architectural feature; and further, Roof Sign (Former Sears fapade Fairway Road South), having a sign area of 54.22 sq. m. rather than the maximum permitted 10 sq. m.; and, to permit the supporting structure to be visible/not screened whereas the By-law requires the support structures to be screened. The Committee considered Development Services Department report DSD -19-162 dated July 8, 2019, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 5, 2019, advising they have no concerns with this application. Mr. G. Walters and Ms. G. Collins were in attendance in support of the subject application and staff recommendation. In response to questions, Mr. Walters stated the proposed water tower will not be functional. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of CADILLAC FAIRVIEW requesting permission for an existing commercial plaza (Fairview Mall) to have three signs located on the subject property requiring variances from the Sign By-law specifically as follows: • Water Tower Ground -Supported Sign (located adjacent to Fairway Road South), having a height of 15.24m rather than the maximum permitted height of 7.5m; a sign area of 21.33 sq. m. rather than the maximum permitted 20 sq. m.; to have a separation distance from another ground -supported sign on the subject property of 15.4m rather than the required 50m; and, to have no civic address on the sign whereas the By-law requires all ground -supported signs to have a civic address; and, • Smoke Stack Fascia Sign (Located on the Fairway Road South side of the building adjacent to the former Sears Building), having a sign located on an architectural feature whereas the By-law does not permit signs on an architectural feature; and further, • Roof Sign (Former Sears fapade Fairway Road South), having a sign area of 54.22 sq. m. rather than the maximum permitted 10 sq. m.; and, to permit the supporting structure to be visible/not screened whereas the By-law requires the support structures to be screened, on Part Lot 4, Plan 962, Part Lots 10 & 14, Plan 961, being Parts 1-6, 22, 24 & 25 on Reference Plan 58R-1539, 2960 Kingsway Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain sign permits for each sign prior to installation. 2. That the owner shall ensure final sign designs and supporting structures are consistent with the overall dimensions, materials, style, and locations provided in support of sign variance Application SG 2019-015, to the satisfaction of the City's Director of Planning. It is the opinion of this Committee that: The variances approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -24- CITY OF KITCHENER 3. Submission No.: SG 2019-015 (Cont'd) 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 10:10 a. m. Dated at the City of Kitchener this 16th day of July, 2019 Dianna Saunderson Secretary -Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:11 a.m. Present: Mr. D. Cybalski - Chair Mr. B. McColl Ms. J. Meader 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 Ms. J. Meader Seconded by Mr. M. Kidd That the regular minutes of the Committee of Adjustment meeting held June 18, 2019, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2019-059 Applicants: Aaron Huybens and Janet Matic Property Location: 364 Heritage Drive Legal Description: Lot 132, Registered Plan 1403 Appearances: In Support: A. Huybens J. Matic Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a walled carport and sunroom in the rear yard (defined by the Zoning By-law), which actually functions as a side yard, of an existing single detached dwelling having a rear yard setback of 5.5m rather than the required 7.5m. The Committee considered Development Services Department report DSD -19-163 dated July 5, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 5, 2019, advising they have no concerns with this application. Mr. A. Huybens and Ms. J. Matic were in attendance in support of the subject application and staff recommendation. Mr. B. McColl requested, and it was agreed, a condition be included in the Committee's decision this date requiring the owner to apply for a building permit to the satisfaction of the Chief Building Official. Moved by Mr. M. Kidd Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -144- CITY OF KITCHENER 1. Submission No.: A 2019-059 (Cont'd) That the application of AARON HUYBENS and JANET MATIC requesting permission to construct an addition in the rear yard of an existing single detached dwelling having a rear yard setback of 5.5m rather than the required 7.5m, on Lot 132, Registered Plan 1403, 364 Heritage Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. 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.kitcener.ca Carried 2. Submission No.: A 2019-060 Applicants: Latton Investments Inc. Property Location: 72 Archer Place Legal Description: Part Lot 7, Plan 253 Appearances: In Support: P. Chauvin S. Hatton Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert an existing duplex into a triplex having an existing southerly side yard setback of 0.66m rather than the required 1.2m; having the required 3 off-street parking spaces located within the minimum side yard abutting Lyndhurst Drive whereas the By-law does not permit parking within the side yard; and, to permit a "Triplex" use whereas the By-law does not currently permit a "Triplex" in the existing Zone. The Committee considered Development Services Department report DSD -19-164 dated July 8, 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 July 5, 2019, advising they have no concerns with this application. Mr. P. Chauvin was in attendance in support of the subject application. He requested, and the Committee agreed, to amend the deadline imposed in Condition 1 related to obtaining an Occupancy Certificate to be July 16, 2020 rather than December 31, 2019. The Chair requested, and it was agreed, that a further condition be included in the Committee's decision this date requiring the owner to apply for a building permit to the satisfaction of the Chief Building Official. In response to questions, Ms. J. von Westerholt provided a brief history of the property, noting the dwelling previously operated as a triplex. She stated prior to the property being sold, it was discovered that the triplex use was not permitted and the dwelling was converted to a duplex. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -145- CITY OF KITCHENER 2. Submission No.: A 2019-060 (Cont'd) She advised the new owner wished to reinstate the dwelling as a triplex use, indicating that a use has been added through minor variance permissions in previous instances. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of LATTON INVESTMENTS INC. requesting permission to convert an existing duplex into a triplex having an existing southerly side yard setback of 0.66m rather than the required 1.2m; having the required 3 off-street parking spaces located within the minimum side yard abutting Lyndhurst Drive whereas the By-law does not permit parking within the side yard; and, to permit a "Triplex" use whereas the By-law does not currently permit a "Triplex" in the existing Zone, on Part Lot 7, Plan 253, 72 Archer Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a Zoning (Occupancy) Certificate to the satisfaction of the Director of Planning prior to July 16, 2020. 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: 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 2019-061 Applicants: Brian Lapointe Property Location: 15 Peter Street Legal Description: Part Lot 21, Plan 382 Appearances: In Support: M. Warzecha Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert an existing duplex into a triplex on a lot having a width of 11.9m rather than the required 15m; a front yard setback of 3.2m rather than the required 4.5m; a rear yard setback of 6.7m rather than the required 7.5m; and, having 1 off-street parking space (0.33 spaces/per-unit) rather than the required 3 off-street parking spaces (1.0 spaces/per unit). The Committee considered Development Services Department report DSD -19-165 dated July 5, 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 July 5, 2019, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -146- CITY OF KITCHENER 3. Submission No.: A 2019-061 (Cont'd) Mr. M. Warzecha was 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 BRIAN LAPOINTE requesting permission to convert an existing dwelling into a triplex on a lot having a width of 11.9m rather than the required 15m; a front yard setback of 3.2m rather than the required 4.5m; a rear yard setback of 6.7m rather than the required 7.5m; and, having 1 off-street parking space (0.33 spaces/per-unit) rather than the required 3 off-street parking spaces (1.0 spaces/per unit), on Part Lot 21, Plan 382, 15 Peter Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division to establish the Multiple Dwelling use on the property. 2. That the owner shall complete the above noted Condition 1 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 4. Submission No.: A 2019-062 Applicants: Margaret Lander Property Location: 920 Keewatin Place Legal Description: Lot 44, Registered Plan 1829 Appearances: In Support: M. Lander M. Bradbury J. Hunter R. Elwahshi Contra: E. & D. Cecchin I. Harrower Written Submissions: Neighbourhood Comments The Committee was advised the applicant is requesting permission to operate a home business out of an existing single detached dwelling having 2 employees (paid/volunteers) rather than the maximum permitted 1 employee; having the required off-street parking spaces in tandem whereas the By-law does not permit tandem parking spaces for a business; having a driveway to be located Om from the southerly side lot line rather than the required 3m; and, having a southerly side yard setback of 2.37m rather than the required 3m. COMMITTEE OF ADJUSTMENT MINUTES JULY 16. 2019 -147- CITY OF KITCHENER ��1•T511�r•Ti1�t:7il•��iy�aiI:�lNZ.7iiiC The Committee considered Development Services Department report DSD -19-166 dated July 9, 2019, recommending approval of Variances 1-3, subject to the conditions outlined in the Report; and, refusal of Variance 4. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 5, 2019, advising they have no concerns with this application. The Committee was in receipt of various written comments from neighbouring property owners in opposition to the subject application. Messrs. M. Bradbury and J. Hunter, Ms. M. Lander and Ms. R. Elwahshi were in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt advised Section 5.13 of the Zoning By-law provides the definition and regulations related to a home business. She indicated the By-law states that a home business shall be conducted by the resident of the dwelling unit, contained wholly within the dwelling and must be secondary to the residential use. Ms. E. Cecchin and Messrs D. Cecchin and I Harrower were in attendance in opposition to the subject application. Mr. Cecchin advised he provided a written submission outlining the majority of his concerns. He stated he is the property owner of 916 Keewatin Place, directly adjacent to the subject property, and is directly impacted by the actions of the property owner of 920 Keewatin Place. Mr. Cecchin expressed concerns with: the business operations; trucks and trailers parked in the circle; vehicles being driven over the island; pedestrian safety; vehicle access; monopolizing on -street parking; and, the placement of the notice sign related to the subject application. He stated he had reviewed the staff report and is of the opinion the recommendations are reasonable and will provide the necessary enforcement means to address the majority of the neighbourhood complaints. He further advised he believes the City is being overly generous with the recommendation to approve, given the past history with the property owner and his reluctance to comply with other City by-laws and regulations. He requested consideration be given to only permitting the applicant to have one employee for a one-year period of time and if after that one- year timeframe there are no further complaints, to then consider allowing the applicant to have a second employee. Mr. Cecchin stated he was in support of staffs recommendation to refuse the variance for the side yard, stating for practical reasons it is the only viable location on the subject property for snow removal, noting snow removal has also been an issue with the property owner in the past. He thanked City staff for addressing the neighbourhood concerns, stating the Report also gives the property owner clear guidelines for the operation of his business. Mr. I Harrower advised he is the property owner of 921 Keewatin Place, noting he was in opposition to the subject application. He stated he was in support of the staff recommendations, indicating his concerns at this time were related to parking on the walkway of the subject property and enforcement of the imposed conditions, commenting the neighbours would need to be proactive to have the conditions enforced. Mr. Bradbury addressed the Committee in support of the staff recommendation, including the recommendation to refuse the variance related to the side yard setback. He circulated photos of the property, indicating Photo 1 demonstrates a front yard view of the property with no vehicles parked in the side yard/walkway area. He expressed concerns with the comments made by Mr. Cecchin, noting they have a pending litigation between them and any complaints made this date will be addressed in court. He addressed the submission from Mr. Cecchin, advising the photos contained within the package were from an isolated incident when he was undertaking work on the rear yard of his property. Mr. Bradbury advised they are in full support of the staff recommendation, including the proposed amendment, and are prepared to operate their business within the parameters as outlined in staffs recommendation. He further advised he is operating a small home business wholly contained within the dwelling. In response to questions, Ms. von Westerholt advised the Zoning By-law has a number of regulations pertaining to a home business. She indicated the regulations refer to the number of employees, parking etc., stating the regulations are outlined in the By-law in Section 5.13.2 from COMMITTEE OF ADJUSTMENT MINUTES JULY 16. 2019 -148- CITY OF KITCHENER ��1•T511�r•Ti1�t:7il•��iy�aiI:�lNZ.7iiiC 'A' to 'R'. She indicated the property owner is permitted within the By-law to have one non- resident employee other than himself. She stated the requested variance is for two non-resident employees. Mr. B. McColl advised he supports home businesses. He stated although there are residents in opposition, all parties in attendance this date have expressed support for the staff recommendations, noting he was also in support of the staff recommendations. In response to questions, Mr. Bradbury advised he was in support of the full staff recommendation, including the proposed amendment contained within the Report. He further advised the condition outlined in the staff recommendation related to open building permits was no longer required as he has recently completed all necessary works. Ms. von Westerholt advised staff would prefer the condition related to the closing of all outstanding building permits remain, noting if the applicant has already completed the work, it would not be onerous to clear. Ms. J. Meader stated it would be her preference to ensure consistency in the imposed conditions. She requested, and it was agreed, that Conditions 2, 3 and 5 as outlined in the Report should be consistent and all reference 'construction business', rather than the word 'contractor'. Ms. Meader expressed concerns with Condition 2 as outlined in the Report, noting the wording may cause confusion with regards to individuals permitted to attend the property. Ms. von Westerholt acknowledged the concern, stating nothing would prohibit the property owner from preparing AutoCad drawings etc., as that type of work could be associated with the construction business and defined as office work. She indicated the purpose of the proposed condition is to prohibit attracting people to the subject property and to regulate contractors from the construction business from attending the site. Ms. von Westerholt further advised that Condition 5 as outlined in staff's recommendation was also intended to make it very clear that the applicant is not permitted to have any type of contractor's yard, including outdoor storage. She indicated By-law Enforcement is aware of the site and the neighbours are being vigilant. Ms. Meader noted Condition 2 as outlined in staff's recommendation could create further issues for the applicant/neighbourhood in defining what type of employees are attending the site. She indicated it may be more appropriate to strike the condition to prevent "people" Zoning and allow the regulations outlined in the By-law related to home business employees prevail. A motion was brought forward by Mr. B. McColl to approve the recommendation as previously amended regarding the use of'construction business' and striking Condition 2. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of MARGARET LANDER requesting permission to have a southerly side yard setback of 2.37m rather than the required 3m when a driveway is located leading to a required parking space, on Lot 44, Registered Plan 1829, 920 Keewatin Place, 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 not 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 not being maintained on the subject property. - and - COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -149- CITY OF KITCHENER 4. Submission No.: A 2019-062 (Cont'd) That the application of MARGARET LANDER requesting permission to operate a home business out of an existing single detached dwelling having 2 employees at any one time (paid/volunteers) rather than the maximum permitted 1 employee; having the required off-street parking spaces located in tandem whereas the By-law does not permit tandem parking spaces when there are employees; and, having a driveway to be located Om from the southerly side lot line rather than the required 0.6m, on Lot 44, Registered Plan 1829, 920 Keewatin Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure no clients/patrons enter the subject premises. 2. That the owner shall ensure no outdoor storage associated with the construction business is located anywhere on the subject property. 3. That the owner shall ensure no vehicles or utility trailers are parked in any walkway, including the side of the house or in front of the porch. 4. That the owner shall ensure no vehicles and/or utility trailers for the construction business are parked in the driveway, as that is required for the use of employee parking for the home office business. 5. That the owner shall ensure no signage is located on the subject property. 6. That the owner shall submit an updated application for a Zoning (Occupancy) Certificate to acknowledge only two office employees are permitted at any one time, to be submitted to the Planning Division for approval. 7. That the owner shall submit an updated to -scale drawing showing the amended tandem parking spaces to both the Planning Division and the Transportation Services Division. 8. That the owner shall obtain a building permit from the Building Division for the home business and that outstanding/open permits currently on file are closed. 9. That the owner shall obtain an updated Business License from the Licensing Division, if required. 10. That the owner shall complete the above noted Conditions 7 to 9 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 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 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 COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -150- CITY OF KITCHENER CONSENT APPLICATIONS 1. Submission No.: B 2019-025 Applicant: 1719288 Ontario Inc. Property Location: 4283 King Street East Legal Description: Level 1, Waterloo Condominium Plan 443, Unit 3 Appearances: In Support: L. Richardson Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for a lease in excess of 21 years to the Brick (Furniture Retail) for the building they occupy (Unit 3) on King Street East within the Deer Ridge Plaza. The Committee considered Development Services Department report DSD -19-167 dated July 8, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2019, advising they have no objection to this application. Mr. L. Richardson was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of 1719288 ONTARIO INC. requesting permission for a lease in excess of 21 years to The Brick Warehouse LP for the building they occupy (Unit 3) on King Street East within the Deer Ridge Plaza, on Level 1, Waterloo Condominium Plan 443, Unit 3, 4283 King Street East, 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.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 July 16, 2021. Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 - 151 - CITY OF KITCHENER 2. Submission No.: B 2019-026 Applicant: 1719288 Ontario Inc. Property Location: 4285 King Street East Legal Description: Level 1, Waterloo Condominium Plan 443, Unit 4 Appearances: In Support: L. Richardson Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for a lease in excess of 21 years to Tim Hortons for the building they occupy (Unit 4) on King Street East within the Deer Ridge Plaza. The Committee considered Development Services Department report DSD -19-168 dated July 8, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2019, advising they have no objection to this application. Mr. L. Richardson 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 1719288 ONTARIO INC. requesting permission for a lease in excess of 21 years to The TDL Group Corp. for the building they occupy (Unit 4) and drive-thru on King Street East within the Deer Ridge Plaza, on Level 1, Waterloo Condominium Plan 443, Unit 4, 4285 King Street East, 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.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 July 16, 2021. Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -152- CITY OF KITCHENER 3. Submission No.: B 2019-027 Applicant: Activa Group Property Location: 1340 Fischer Hallman Road Legal Description: Lot 5, Registrar's Compiled Plan 1471, being Parts 1 & 2 on Reference Plan 58R-859 Appearances: In Support: J. Marshall S. Savell Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to grant a stormwater easement having a width of 30.98m, a depth of 69.45m and an area of 2,093 sq.m. in favour of the adjacent lands to the north, being Strasburg Creek, for the purpose of a flow-through outlet. The Committee considered Development Services Department report DSD -19-169 dated July 5, 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 July 9, 2019, advising they have no objection to this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated July 5, 2019, advising although they have no objection to this application, they noted a portion of the property is within the regulated area due to Strasburg Creek, the floodplain of Strasburg Creek, slope erosion hazards, Provincially Significant Strasburg Creek Wetland Complex and the associated allowances to these features. They stated any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. Messrs. J. Marshall and S. Savell were 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 ACTIVA HOLDINGS INC. requesting permission to grant a stormwater easement as shown generals as Parts 1, 2, 3 and 4 on the draft reference plan submitted with the application, having a width of 30.98m, a depth of 69.45m and an area of 2,093 sq.m. in favour of the adjacent lands to the north, being Strasburg Creek, for the purpose of a flow- through outlet, on Lot 5, Registrar's Compiled Plan 1471, being Parts 1 & 2 on Reference Plan 58R-859, 1340 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall ensure the Transfer Easement documents required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -153- CITY OF KITCHENER Submission No.: B 2019-027 (Cont'd) a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and to immediately thereafter provide copies thereof to the City Solicitor. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. 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 July 16, 2021. Carried 4. Submission No.: B 2019-028 Applicant: Kiah Group Inc. Property Location: 37 Heiman Street Legal Description: Part Lot 44, Subdivision of Lot 18, German Company Tract, being Parts 1-3 on Reference Plan 58R-20182 Appearances: In Support: S. Patterson S. O'Neill Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 9.15m, a depth of 27.49m and an area of 245 sq.m. The retained land will have a width of 15m, a depth of 87.78m and an area of 1362 sq.m. Both parcels are intended for residential development. A previous Consent application (B 2018-023) was granted for the severance of the subject property. The Committee considered Development Services Department report DSD -19-170 dated July 5, 2019, recommending approval of this application, subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -154- CITY OF KITCHENER 4. Submission No.: B 2019-028 (Cont'd) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 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. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated July 5, 2019, advising although they have no objection to this application, they noted portions of the lands to be retained are within the flood fringe and floodway of the Two Zone floodplain associated with Shoemaker Creek. They further advised the lands to be retained also contains a portion of the regulatory allowance adjacent to the floodplain. They stated any future development in the regulated area will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. Mr. S. Patterson was in attendance in support of the subject application and staff recommendation. The Chair noted comments from the Region of Waterloo and requested their condition be included in the Committee's decision. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of KIAH GROUP INC. requesting permission to sever a parcel of land (41 Heiman Street) having a width of 9.15m, a depth of 27.49m and an area of 245 sq.m., on Part Lot 44, Subdivision of Lot 18, German Company Tract, being Parts 1-3 on Reference Plan 58R- 20182, 37 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 submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City's Director of Planning. 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 to the retained lands. 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 showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 7. That the owner shall ensure any new driveways are built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES JULY 16. 2019 -155- CITY OF KITCHENER !��1•Ti1 Me , Ll>ii• VZQ&0aiY9:114Mir 8. 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. 9. That the owner shall provide Engineering Services with confirmation that the basement elevation of the house 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. 10. 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 $4,209.00. 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 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 the Director of Operations, 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 (including street trees) 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 and the Director of Operations. 12. 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 July 16, 2021. Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -156- CITY OF KITCHENER COMBINED APPLICATIONS: 1. Submission Nos.: B 2019-029 & A 2019-063 Applicant: Sportsworld Crossing Inc. Property Location: 4278 King Street East Legal Description: Part Lot 9, Beasley's Broken Front Concession, being Parts 7-13 on Reference Plan 58R-18919 Appearances: In Support: B. Flewwelling S. Hopps I. Cattrysse Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width on King Street East of 14.0m, an approximate depth of 178m and an area of 0.84 hectares (2.1 acres). Permission is also being requested to grant an easement having a width of 14m and an approximate depth of 69.6m, in favour of the retained land for access. The retained land will have an approximate width on King Street East of 95.4m, a depth of 140m and an area of 1.15 hectares (2.82 acres). Permission is also being requested for minor variances on the severed lot to permit a minimum side yard of 1.2m for an existing hydro building, rather than the required 3.Om under both the Zoning By-law in current force and effect and under the new Zoning By-law currently under appeal; and, a lot width of 14m rather than the required 25m under the Zoning By-law in current force and effect/30m under the new Zoning By-law currently under appeal. The Committee considered Development Services Department report DSD -19-171 dated July 5, 2019, recommending approval of these applications subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2019, advising they have no objection to application B 2019-029, subject to the following conditions: 1. That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2. That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo to submit a detailed Environmental and Stationary Noise Study prior to Site Plan approval for any proposed development on the retained lands. 3. That prior to final approval, the owner/applicant obtain an access permit(s) to the satisfaction of the Region of Waterloo. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 5, 2019, advising they have no concerns with application A 2019-063. The Chair noted the comments from the Region of Waterloo and requested their conditions be included in the Committee's decision this date. Messrs. B. Flewelling, S. Hopps and I. Cattrysse were in attendance in support of the subject applications and staff recommendations. In response to questions, Ms. J. von Westerholt advised that parkland dedication, as noted in the staff report by Parks Operations, has already been received for the subject property. Submission No.: B 2019-029 Moved by Mr. M. Kidd Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES JULY 16. 2019 -157- CITY OF KITCHENER i��1•Ti11 CTi1�C•>`� 3��iy�aiY >E Ire That the application of SPORTSWORLD CROSSING INC. requesting permission to sever a parcel of land having a width on King Street East of 14.0m, an approximate depth of 178m and an area of 0.84 hectares (2.1 acres); and, to grant an easement over the severed land having a width of 14m and an approximate depth of 69.6m, in favour of the retained land for access, on Part Lot 9, Beasley's Broken Front Concession, being Parts 7-13 on Reference Plan 58R-18919, 4278 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That Minor Variance Application A 2019-063 shall receive final approval. 4. That the owner shall provide confirmation that no stormwater is required to flow overland from the severed portion over the retained portion, to the satisfaction of the City's Engineering Services. 5. That the Transfer Easement documents required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 6. That the owner shall provide a satisfactory Solicitor's Undertaking to registerthe approved Transfer Easement and to immediately thereafter provide copies thereof to the City Solicitor. 7. That the owner shall submit a draft copy of the proposed Transfer for the severed parcel for review and approval, to the satisfaction of the City Solicitor. 8. That the owner shall apply for, obtain approval of, and finalize a Stamp Plan "A" Site Plan Application for the severed lands, including registration on title of a new Section 41 Agreement. The application shall, among other requirements: a. address the following site changes, including, but not limited to, constructing a new driveway and closing the existing driveway, adding/revising address signage, relocating the sidewalk, relocating lighting, and adding landscape buffers, all within the 14m wide frontage. Note that no retaining walls will be permitted within Driveway Visibility Triangles; b. request removal of the severed lands from the existing, overall Sportsworld Crossing Section 41 Agreement, with the retained lands to remain part of said Agreement; C. propose to restore the as -built parking and loading layout to the layout approved through SP04/32/K/LT. Alternatively, the applicant may request revisions allow existing layout, and shall obtain approval; d. address any Tree Management Policy matters; and COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -158- CITY OF KITCHENER 1. Submission Nos.: B 2019-029 & A 2019-063 (Cont'd) e. address any zoning non-compliance matters (e.g., barrier -free parking); and further, f. require the owner to obtain access permits from the Region for the new access and the closure of the existing access. 9. The owner shall convey a servicing easement over the retained lands in favour of Kitchener -Wilmot Hydro for the existing ductbank extending from King Street to the severed lands, to the satisfaction Kitchener -Wilmot Hydro, or otherwise receive a written exemption from this requirement, from Kitchener -Wilmot Hydro. 10. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 11. That the owner shall enter into an agreement with the Region of Waterloo to submit a detailed Environmental and Stationary Noise Study prior to Site Plan approval for any proposed development on the retained lands. 12. That the owner shall obtain an access permit(s) to the satisfaction of the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 16, 2021. Carried Submission No.: A 2019-063 Moved by Mr. M. Kidd Seconded by Mr. B. McColl That the application of SPORTSWORLD CROSSING INC. requesting permission to permit a minimum side yard of 1.2m for an existing hydro building, rather than the required 3m; a lot width of 14m rather than the required 25m under the Zoning By-law 85-1 in current force; as well as permission under the new Zoning By-law 2019-051 to permit a minimum lot width of 14m rather than the required 30m; and, a minimum side yard of 1.2m for an existing hydro building rather than the required 3, on Part Lot 9, Beasley's Broken Front Concession, being Parts 7-13 on Reference Plan 58R-18919, 4278 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -159- CITY OF KITCHENER Submission Nos.: B 2019-029 & A 2019-063 (Cont'd) That the variances to By-law 2019-051 will become effective only at such time as Zoning By-law 2019-051 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended. At such time, the variance shall be deemed to have come into force as of the date of this decision. Further, should the regulations relating to the requested variance change prior to Zoning By-law 2019-051 coming into force, this variance shall be 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 2. Submission Nos.: B 2019-030 & A 2019-064 Applicant: William Wirtz Property Location: 452 Prospect Avenue Legal Description: Part Lot 1, Plan 267 The Committee was advised the applicant is requesting permission to sever a parcel of land in the rear yard (proposed Parcel 2 on the plan submitted with the application) having a width of 12.192m, a depth of 25.2m and an area 309.7 sq.m. to be conveyed as a lot addition to the property municipally addressed as 456 Prospect Avenue. The retained parcel will have a lot width on Prospect Avenue of 12.192m, a depth of 38.233 and an area of 467.2 sq.m. Permission is also being requested for minor variances on the retained parcel for an existing single detached dwelling to have a lot width of 12.12m rather than the required 13.7m, and, an easterly side yard setback for a driveway leading toward the required off-street parking space, where the parking is situated between the building and the lot line, rather than the required 3m. - and - Submission Nos.: B 2019-031 & A 2019-065 Applicant: William and Megan Wirtz Property Location: 456 Prospect Avenue Legal Description: Part Lot 1, Plan 267 Appearances: In Support: M. Wirtz J. Krygsman Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land in the rear yard (proposed Parcel 4 on the plan submitted with the application) having a width of 12.192m, a depth on Broadview Avenue of 25.2m and an area 309.7 sq.m., which will be consolidated with the severed parcel identified as Proposed Parcel 2 on the plan submitted with the application (B 2019-030 — 452 Prospect Avenue). The retained parcel will have a width of 12.12m, a depth of 38.233m and an area of 465.8 sq.m. Permission is also being requested for COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -160- CITY OF KITCHENER 2. Submission Nos.: B 2019-030, A 2019-064, B 2019-031 & A 2019-065 (Cont'd) minor variances on the retained parcel for an existing single detached dwelling to have a lot width of 12.19m rather than the required 15m; a westerly side yard of 1.07m rather than the required 1.2m; a front yard setback of 4.48m rather than the required 4.5m; a side yard abutting Broadview Avenue with the driveway leading to the required parking to be 2.93m rather than the required 4.5m; an accessory building to be located 0.8m from the side lot line abutting Broadview Avenue whereas the By-law does not permit accessory buildings to be located within the side yard abutting a street; an accessory building to be located 0.8m from the side lot line abutting Broadview Avenue acting as a front lot line whereas the By-law does not permit accessory buildings to be closer than the front face of the building; having a minimum side yard abutting a street for a part of a building containing off-street parking to be 0.8m rather than the required 6m; having off-street parking located Om from the street line rather than the required 6m; to permit a driveway located Om from the intersection of Prospect Avenue and Broadview Avenue rather than the required 9m; to legalize the single detached dwelling having a 0.6m encroachment into the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT. The rear portions of 452 and 465 Prospect Avenue are intended to be consolidated for residential development. The Committee considered Development Services Department report DSD -19-172 dated July 5, 2019, recommending approval of these applications subjectto the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2019, advising they have no objection to applications B 2019- 030 and B 2019-031, 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 per application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 5, 2019, advising they have no concerns with applications A 2019-064 and A 2019-065. Ms. M. Wirtz and Mr. J. Krygsman were in attendance in support of the subject applications and staff recommendations. At the request of Mr. Krygsman, the Committee agreed to remove the words "building elevation drawings" from Condition 6.a) of the staff recommendation; and further, to amend Condition 6 to require the agreement be registered only on the severed lands rather than the severed and retained lands. Mr. Krygsman further requested that consideration be given to removing Condition 6 in its entirety, stating no trees are located on the severed lands and in his opinion, the condition would be onerous for the applicant to clear. Ms. J. von Westerholt advised there is a tree straddling the proposed lot line and a preservation plan is being recommended to ensure the protection of all trees, including the drip line of existing trees. She indicated it would be her preference that the Committee impose the condition as part of their decision this date. Submission No.: B 2019-030 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of WILLIAM WIRTZ requesting permission to sever a parcel of land in the rear yard (proposed Parcel 2 on the plan submitted with the application) having a width of 12.192m, a depth of 25.2m and an area 309.7 sq.m. to be conveyed as a lot addition to the property municipally addressed as 456 Prospect Avenue, on Part Lot 1, Plan 267, 452 Prospect Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain 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. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 - 161 - CITY OF KITCHENER 2. Submission Nos.: B 2019-030, A 2019-064, B 2019-031 & A 2019-065 (Cont'd) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That Minor Variance Applications A 2019-064 and A 2019-065 shall receive final approval. 4. That the lands to be severed be added to the abutting lands immediately to the east, addressed as 456 Prospect Avenue, and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 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 July 16, 2021. Carried Submission No.: B 2019-031 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of WILLIAM and MEGAN WIRTZ requesting permission to sever a parcel of land in the rear yard identified as proposed Parcels 2 and 4 (Parcel 2 added as a lot addition through Application B 2019-030) having a width on Broadview Avenue of 25.2m, an overall depth of 24.4449m and an area 309.7 sq. m., on Part Lot 1, Plan 267, 456 Prospect Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -162- CITY OF KITCHENER 2. Submission Nos.: B 2019-030, A 2019-064, B 2019-031 & A 2019-065 (Cont'd) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That Minor Variance Applications A 2019-064 and A 2019-065 shall receive final approval. 5. That Consent Application B 2019-030 receive final approval. 6. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: That the owner shall prepare a Tree Preservation Plan for the severed lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. The owner 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. 7. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands and/or retained lands. 8. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands, or otherwise receive relief from Engineering Services for this requirement. 9. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services, prior to endorsement of the deed for the severed lands. 10. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 11. That the owner shall submit payment for the Consent Application Review Fee of $350.00, to the satisfaction of the Regional Municipality 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. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -163- CITY OF KITCHENER 2. Submission Nos.: B 2019-030, A 2019-064, B 2019-031 & A 2019-065 (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.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 July 16, 2021. Carried Submission No.: A 2019-064 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of WILLIAM WIRTZ requesting permission for an existing single detached dwelling to have a lot width of 12.12m rather than the required 13.7m, and, an easterly side yard setback of 2.8m with a driveway leading toward the required off-street parking space, where the parking is situated between the building and the lot line, rather than the required 3m, on Part Lot 1, Plan 267, 452 Prospect Avenue, 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.kitcener.ca Carried Submission No.: A 2019-065 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of WILLIAM and MEGAN WIRTZ requesting permission for an existing single detached dwelling to have a lot width of 12.19m rather than the required 15m; a westerly side yard of 1.07m rather than the required 1.2m; a front yard setback of 4.48m rather than the required 4.5m; a side yard abutting Broadview Avenue to be 2.93m rather than the required 4.5m; to locate a building containing the required off-street parking space to be located 0.8 metres from the street line rather than the required 6m; to allow off-street parking to be located Om from the street line rather than the required 6m; to allow the existing building to be 0.6m within the Driveway Visibility Triangle (DVT) and Corner Visibility Triangle (CVT), whereas the By-law does not permit any encroachments within a visibility triangle; to allow an accessory building to have a minimum side yard abutting the street of 0.8 metres, whereas the By-law does not permit an accessory building to be located in a side yard abutting a street; to allow an accessory building to be located between a street line and the nearest point of the principle building, whereas the By-law does not allow an accessory building between the street line and the nearest point of the principle building; and, to permit a driveway located Om from the intersection of Prospect Avenue and Broadview Avenue rather than the required 9m, on Part Lot 1, Plan 267, 456 Prospect Avenue, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -164- CITY OF KITCHENER 2. Submission Nos.: B 2019-030, A 2019-064, B 2019-031 & A 2019-065 (Cont'd) It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 Applicant: Activa Holdings Inc. Property Location: 78, 84, 86, 92, 94, 104, 106, 112, 114, 116 and 122 Monarch Woods Drive Legal Description: Lots 58, 61, 62, 65-68, 71-73 & 76, Registered Plan 58M-614 Appearances: In Support: P. Chauvin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to create rear yard easements (4 Townhouse Blocks) in favour of adjacent townhomes for the purpose of access, including permission to grant minor variances as follows: B 2019-032 & A 2019-066 - 78 Monarch Woods Drive: Permission to grant an 'L' shaped easement in the westerly side yard having an overall width of 0.91 m, a depth in the westerly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 80 Monarch Woods Drive. Permission is also being requested to construct a townhouse dwelling having a westerly side yard setback of 0.91 m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-033 & A 2019-067 - 84 Monarch Woods Drive: Permission to grant an 'L' shaped easement in the easterly side yard having an overall width of 0.91 m, a depth in the easterly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 82 Monarch Woods Drive. Permission is also being requested to construct a townhouse dwelling having an easterly side yard setback of 0.91 m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-033 & A 2019-067 - 86 Monarch Woods Drive: Permission to grant an 'L' shaped easement in the westerly side yard having an overall width of 0.91 m, a depth in the westerly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 88 Monarch Woods Drive. Permission is also being requested to construct a townhouse dwelling having a westerly side yard setback of 0.91 m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-035 - 92 Monarch Woods Drive: Permission to grant an easement in the rear yard having a width of 5.5m and a depth of 0.91 m in favour of 90 and 94 Monarch Woods Drive. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -165- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) B 2019-036 & A 2019-069 - 94 Monarch Woods Drive: Permission to grant an 'L' shaped easement in the easterly side yard having an overall width of 0.91 m, a depth in the easterly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 90 and 92 Monarch Woods Drive. Permission is also being requested to construct a townhouse dwelling having an easterly side yard setback of 0.91 m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-037 & A 2019-070 - 104 Monarch Woods Drive: Permission to grant an 'L' shaped easement in the westerly side yard having an overall width of 0.91 m, a depth in the westerly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 106 and 108 Monarch Woods Drive. Permission is also being requested to construct a townhouse dwelling having a westerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-038 - 106 Monarch Woods Drive: Permission to grant an easement in the rear yard having a width of 5.5m and a depth of 0.91 m in favour of 104 and 108 Monarch Woods Drive. B 2019-039 & A 2019-071 - 112 Monarch Woods Drive: Permission to grant an 'L' shaped easement in the easterly side yard having an overall width of 0.91 m, a depth in the easterly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 110 Monarch Woods Drive. Permission is also being requested to construct a townhouse dwelling having an easterly side yard setback of 0.91 m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-040 & A 2019-072 - 114 Monarch Woods Drive: Permission to grant an 'L' shaped easement in the westerly side yard having an overall width of 0.91 m, a depth in the westerly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 116 and 118 Monarch Woods Drive. Permission is also being requested to construct a townhouse dwelling having a westerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-041 - 116 Monarch Woods Drive: Permission to grant an easement in the rear yard having a width of 5.5m and a depth of 0.91 m in favour of 114 and 118 Monarch Woods Drive. B 2019-042 & A 2019-072 - 122 Monarch Woods Drive: Permission to grant an 'L' shaped easement in the easterly side yard having an overall width of 0.91 m, a depth in the easterly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 120 Monarch Woods Drive. Permission is also being requested to construct a townhouse dwelling having an easterly side yard setback of 0.91 m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. The Committee considered Development Services Department report DSD -19-173 and DSD -19- 174 dated July 8, 2019, recommending approval of these applications subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2019, advising they have no objection to applications B 2019- 032 to B 2019-042. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 5, 2019, advising they have no concerns with applications A 2019-066 to A 2019-073. Mr. P. Chauvin was in attendance in support of the subject applications and staff recommendations. Submission No.: B 2019-032 Moved by Ms. J. Meader Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -166- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the westerly side yard having an overall width of 0.91m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 80 Monarch Woods Drive for the purpose of access, on Lot 58, Registered Plan 58M-614, 78 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-033 Moved by Ms. J. Meader Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -167- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) That the application of ACTIVA HOLDINGS INC. requesting permission to to grant an 'L' shaped easement in the easterly side yard having an overall width of 0.91 m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 82 Monarch Woods Drive for the purpose of access, on Lot 61, Registered Plan 58M-614, 84 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-034 Moved by Ms. J. Meader Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -168- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the westerly side yard having an overall width of 0.91m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 88 Monarch Woods Drive for the purpose of access, on Lot 62, Registered Plan 58M-614, 86 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-035 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to grant an easement in the rear yard having a width of 5.5m and a depth of 0.91m in favour of 90 and 94 Monarch Woods Drive, on Lot 65, Registered Plan 58M-614, 92 Monarch Woods Drive for the purpose of access, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -169- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) 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 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-036 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the easterly side yard having an overall width of 0.91 m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 90 and 92 Monarch Woods Drive for the purpose of access, on Lot 66, Registered Plan 58M-614, 94 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -170- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-037 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the westerly side yard having an overall width of 0.91m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 106 and 108 Monarch Woods Drive for the purpose of access, on Lot 67, Registered Plan 58M-614, 104 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 - 171 - CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) 2. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-038 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to grant an easement in the rear yard having a width of 5.5m and a depth of 0.91 m in favour of 104 and 108 Monarch Woods Drive for the purpose of access, on Lot 68, Registered Plan 58M-614, 106 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -172- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) 3. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-039 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the easterly side yard having an overall width of 0.91 m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 110 Monarch Woods Drive for the purpose of access, on Lot 71, Registered Plan 58M-614, 112 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -173- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-040 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the westerly side yard having an overall width of 0.91m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 116 and 118 Monarch Woods Drive for the purpose of access, on Lot 72, Registered Plan 58M-614, 114 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -174- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-041 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to grant an easement in the rear yard having a width of 5.5m and a depth of 0.91m in favour of 114 and 118 Monarch Woods Drive for the purpose of access, on Lot 73, Registered Plan 58M-614, 116 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. COMMITTEE OF ADJUSTMENT MINUTES JULY 16. 2019 -175- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 16, 2021. Carried Submission No.: B 2019-042 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to grant an easement in the rear yard having a width of 12.48m and a depth of 0.91m, in favour of 120 Monarch Woods Drive for the purpose of access, on Lot 76, Registered Plan 58M-614, 122 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -176- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) 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 July 23, 2021. Carried Submission No.: A 2019-066 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having a westerly side yard setback of 0.91 m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 58, Registered Plan 58M-614, 78 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-067 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having an easterly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 61, Registered Plan 58M-614, 84 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -177- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-068 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having a westerly side yard setback of 0.91 m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 62, Registered Plan 58M-614, 86 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-069 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having an easterly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 66, Registered Plan 58M-614, 94 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -178- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) Submission No.: A 2019-070 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having a westerly side yard setback of 0.91 m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 67, Registered Plan 58M-614, 104 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-071 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having an easterly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 71, Registered Plan 58M-614, 112 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-072 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having a westerly side yard setback of 0.91 m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 72, Registered Plan 58M-614, 114 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -179- CITY OF KITCHENER 3. Submission Nos.: B 2019-032 to B 2019-042 & A 2019-066 to A 2019-073 (Cont'd) It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-073 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having an easterly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 76, Registered Plan 58M-614, 122 Monarch Woods Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 4. Submission Nos.: B 2019-043 to B 2019-050 & A 2019-074 to A 2019-081 Applicant: Activa Holdings Inc. Property Location: 110, 116, 118,124,126, 132, 134, 140 Ian Ormston Drive Legal Description: Lots 55, 58, 59, 62, 63, 66, 67 & 70, Registered Plan 58M-513 Appearances: In Support: P. Chauvin Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to create rear yard easements (4 Townhouse Blocks) in favour of adjacent townhomes for the purpose of access, including permission to grant minor variances as follows: COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -180- CITY OF KITCHENER 4. Submission Nos.: B 2019-043 to B 2019-050 & A 2019-074 to A 2019-081 (Cont'd) B 2019-043 & A 2019-074 - 110 Ian Ormston Drive: Permission to grant an 'L' shaped easement in the northerly side yard having an overall width of 0.91m, a depth in the northerly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 112 Ian Ormston Drive. Permission is also being requested to construct a townhouse dwelling having a northerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-044 & A 2019-075 - 116 Ian Ormston Drive: Permission to grant an 'L' shaped easement in the southerly side yard having an overall width of 0.91m, a depth in the southerly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 114 Ian Ormston Drive. Permission is also being requested to construct a townhouse dwelling having a southerly side yard setback of 0.91m ratherthan the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-045 & A 2019-076 - 118 Ian Ormston Drive: Permission to grant an 'L' shaped easement in the northerly side yard having an overall width of 0.91m, a depth in the northerly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 120 Ian Ormston Drive. Permission is also being requested to construct a townhouse dwelling having a northerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-046 & A 2019-077 - 124 Ian Ormston Drive: Permission to grant an 'L' shaped easement in the southerly side yard having an overall width of 0.91m, a depth in the southerly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 122 Ian Ormston Drive. Permission is also being requested to construct a townhouse dwelling having a southerly side yard setback of 0.91m ratherthan the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-047 & A 2019-078 - 126 Ian Ormston Drive: Permission to grant an 'L' shaped easement in the northerly side yard having an overall width of 0.91m, a depth in the northerly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 128 Ian Ormston Drive. Permission is also being requested to construct a townhouse dwelling having a northerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-048 & A 2019-079 - 132 Ian Ormston Drive: Permission to grant an 'L' shaped easement in the southerly side yard having an overall width of 0.91m, a depth in the southerly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 130 Ian Ormston Drive. Permission is also being requested to construct a townhouse dwelling having a southerly side yard setback of 0.91m ratherthan the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-049 & A 2019-080 - 134 Ian Ormston Drive: Permission to grant an 'L' shaped easement in the northerly side yard having an overall width of 0.91m, a depth in the northerly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 136 Ian Ormston Drive. Permission is also being requested to construct a townhouse dwelling having a northerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. B 2019-050 & A 2019-081 - 140 Ian Ormston Drive: Permission to grant an 'L' shaped easement in the southerly side yard having an overall width of 0.91m, a depth in the southerly yard of 30.03m, and a width across the rear yard of 11.02m, in favour of 138 Ian Ormston Drive. Permission is also being requested to construct a townhouse dwelling having a southerly side yard setback of 0.91m ratherthan the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%. The Committee considered Development Services Department report DSD -19-173 and DSD -19- 174 dated July 8, 2019, recommending approval of these applications subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 - 181 - CITY OF KITCHENER 4. Submission Nos.: B 2019-043 to B 2019-050 & A 2019-074 to A 2019-081 (Cont'd) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2019, advising they have no objection to applications B 2019- 043 to B 2019-050. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 5, 2019, advising they have no concerns with applications A 2019-074 to A 2019-081. Mr. P. Chauvin was in attendance in support of the subject applications and staff recommendations. Submission No.: B 2019-043 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the northerly side yard having an overall width of 0.91m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 112 Ian Ormston Drive for the purpose of access, on Lot 55, Registered Plan 58M-613, 110 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1 A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -182- CITY OF KITCHENER 4. Submission Nos.: B 2019-043 to B 2019-050 & A 2019-074 to A 2019-081 (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 July 16, 2021. Carried Submission No.: B 2019-044 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the southerly side yard having an overall width of 0.91 m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 114 Ian Ormston Drive for the purpose of access, on Lot 58, Registered Plan 58M-613, 116 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -183- CITY OF KITCHENER 4. Submission Nos.: B 2019-043 to B 2019-050 & A 2019-074 to A 2019-081 (Cont'd) Submission No.: B 2019-045 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the northerly side yard having an overall width of 0.91m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 120 Ian Ormston Drive for the purpose of access, on Lot 59, Registered Plan 58M-613, 118 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-046 Moved by Ms. J. Meader Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -184- CITY OF KITCHENER 4. Submission Nos.: B 2019-043 to B 2019-050 & A 2019-074 to A 2019-081 (Cont'd) That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the southerly side yard having an overall width of 0.91 m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 122 Ian Ormston Drive for the purpose of access, Lot 62, Registered Plan 58M-613, 124 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-047 Moved by Ms. J. Meader Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -185- CITY OF KITCHENER 4. Submission Nos.: B 2019-043 to B 2019-050 & A 2019-074 to A 2019-081 (Cont'd) That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the northerly side yard having an overall width of 0.91m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 128 Ian Ormston Drive for the purpose of access, on Lot 63, Registered Plan 58M-613, 126 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-048 Moved by Ms. J. Meader Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -186- CITY OF KITCHENER 4. Submission Nos.: B 2019-043 to B 2019-050 & A 2019-074 to A 2019-081 (Cont'd) That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the southerly side yard having an overall width of 0.91 m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 130 Ian Ormston Drive for the purpose of access, on Lot 66, Registered Plan 58M-613, 132 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-049 Moved by Ms. J. Meader Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -187- CITY OF KITCHENER 4. Submission Nos.: B 2019-043 to B 2019-050 & A 2019-074 to A 2019-081 (Cont'd) That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the northerly side yard having an overall width of 0.91m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 136 Ian Ormston Drive for the purpose of access, on Lot 67, Registered Plan 58M-613, 134 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: B 2019-050 Moved by Ms. J. Meader Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -188- CITY OF KITCHENER 4. Submission Nos.: B 2019-043 to B 2019-050 & A 2019-074 to A 2019-081 (Cont'd) That the application of ACTIVA HOLDINGS INC. requesting permission to grant an 'L' shaped easement in the southerly side yard having an overall width of 0.91 m, a depth of 30.03m, and a width across the rear yard of 11.02m, in favour of 138 Ian Ormston Drive for the purpose of access, on Lot 70, Registered Plan 58M-613, 140 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner 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 owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 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 July 16, 2021. Carried Submission No.: A 2019-074 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having a northerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 55, Registered Plan 58M-613, 110 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -189- CITY OF KITCHENER 4. Submission Nos.: B 2019-043 to B 2019-050 & A 2019-074 to A 2019-081 (Cont'd) It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-075 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having a southerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 58, Registered Plan 58M-613, 116 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-076 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having a northerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 59, Registered Plan 58M-613, 118 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES JULY 16. 2019 _190- CITY OF KITCHENER !�*N •T i MM Mir Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-077 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having a southerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 62, Registered Plan 58M-613, 124 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-078 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having a northerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 63, Registered Plan 58M-613, 126 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 - 191 - CITY OF KITCHENER Submission No.: A 2019-079 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having a southerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 66, Registered Plan 58M-613, 132 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-080 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having a northerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 67, Registered Plan 58M-613, 134 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-081 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a townhouse dwelling having a southerly side yard setback of 0.91m rather than the required 2.5m; and, a garage width of 100% of the front facade rather than the maximum permitted 70%, on Lot 70, Registered Plan 58M-613, 140 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -192- CITY OF KITCHENER 4. Submission Nos.: B 2019-043 to B 2019-050 & A 2019-074 to A 2019-081 (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.kitcener.ca Carried 5. Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 Applicant: Novacore (83 Elmsdale Dr.) Inc. Property Location: 83 Elmsdale Drive Legal Description: Part Lots 3 & 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever two parcels of land and retain one parcel for future mixed-use development. Permission is also being requested for various easements to facilitate the development. The development is subject to Site Plan approval application SP17/091/E/KA. B 2019-051 & A 2019-082 - Future Parcel 'C' on the plan submitted with the application: Width on Ottawa Street: 14.2m Depth (not including driveway access): 73.7m Area: 1.21 Hectares Permission is also being requested to grant various easements as follows: Easement 3 on the plan submitted with the application in favour of parcels A, B, D and E for access and Parcel D for water; Easement 4 in favour of parcels A, B, D and E for access and Parcel E for water; Easement 5 in favour of Parcel E for access; and, Easement 6 in in favour of parcels A, B, D and E for access; Easement 8 in favour of Parcel D for sanitary. Permission is also being requested for a minor variance on future Parcel 'C' to allow a lot width of 14.2m rather than the required 30m under the Zoning By-law in current force and effect/15m underthe new Zoning By-law currently under appeal. B 2019-052 — Future Parcel 'E' on the plan submitted with the application: Width: 167.8m Depth 66.2m Area: 0.8937 Hectares Permission is also being requested to grant Easement 7 on the plan submitted with the application in favour of Parcels C and D for sanitary services. B 2019-053 - Parcel 'A' on the plan submitted with the application: Permission to grant an easement over Part 5 (Easement 1 approved previously through Consent Applications B 2018-017, B 2018-018 and B 2018-019) to update the servient and dominant lands and confirm the easement and its purpose being for access for Future Parcel 'E'. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -193- CITY OF KITCHENER 5. Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 (Cont'd) B 2019-054 - Parcel 'B' on the plan submitted with the application: Permission to grant an easement over Part 2 (Easement 2 approved previously through Consent Applications B 2018-017, B 2018-018 and B 2018-019) to update the servient and dominant lands and confirm the easement and its purpose being for access in favour of Parcels A, C, D and E; and, for water in favour of Parcel D. Retained Land - Future Parcel 'D' on the plan submitted with the application: Width on Ottawa Street: 83.4m Depth: 66.2m Area: 0.5517 Hectares The Committee considered Development Services Department report DSD -19-175 dated July 10, 2019, recommending deferral of these applications until the October 15, 2019 meeting to allow the applicant time for further dialogue with City and Region of Waterloo staff. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 10, 2019, requesting a deferral of applications B 2019-051 to B 2019-055 as a result of the following: The Functional Servicing and Stormwater Management Report submitted by WalterFedy (June, 2019) specifies that Regional Staff have permitted a sanitary connection for the original Parcel C to Ottawa Street. Regional Staff have no documentation to indicate support for the proposed connection. Regional Staff request to discuss the proposed sanitary connection to Ottawa Street South as Staff recommend the owner/applicant not connect due to reasons including, but not limited to, methane being present in manholes; potential clogging; and odours Regional Staff have concerns with the proposed sanitary connection and would recommend that the owner/applicant discuss with Regional/City Staff to ensure a proper sanitary sewer is installed. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 5, 2019, advising they have no concerns with application A 2019-082. Moved by Mr. B. McColl Seconded by Ms. J. Meader Thatthe application of Novacore (83 Elmsdale Dr.) Inc. permission to severtwo parcels of land and retain one parcel for future mixed-use development; and, to grant various easements to facilitate the development of the proposed lots as outlined in Consent Applications B 2019-051 to B 2019- 054 & Minor Variance Application A 2019-082, on Part Lots 3 & 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026, 83 Elmsdale Drive, Kitchener, Ontario, BE DEFERRED to the October 15, 2019 Committee of Adjustment meeting, with the opportunity to reschedule to an earlier date pending the outcome of discussions with the Region of Waterloo regarding their function servicing agreement. Carried CHANGE OF CONDITIONS APPLICATIONS: Submission Nos.: CC 2019-005 to CC 2019-007 Applicant: Lino and Angela Santarosa Property Location: 25 & 31 Fourth Avenue Legal Description: Lots 88 & 89 Registered Plan 254 Appearances: In Support: B. Flewwelling Contra: None COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -194- CITY OF KITCHENER 1. Submission Nos.: CC 2019-005 to CC 2019-007 (Cont'd) Written Submissions: None The Committee was advised the applicants are requesting permission to change the conditions of Provisional Consent applications B 2019-002, B 2019-003, and B 2019-004, granted by the Committee of Adjustment on January 15, 2019 specifically as follows: • B 2019-002 - removal of Conditions 3 and 4 and reinstating with new conditions related to the timing of the land registry transactions; and, • B 2019-003 - removal of Conditions 5 and 6; updating Condition 3 requiring the decision to be dependent on Consent Applications B 2019-002 and B 2019-004; and, correcting Condition 12 to reference Future Lot C rather than Future Lot B; and further, • B 2019-004 - removal of Conditions 5 and 6; and, correcting Condition 12 to reference Future Lot D rather than Future Lot B. The Committee considered Development Services Department report DSD -19-176 dated June 28, 2019, recommending approval of these applications subjectto the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated July 9, 2019, advising they have no objection to applications CC 2019- 005 to CC 2019-007. Mr. B. Flewwelling was in attendance in support of the subject applications and staff recommendations. Submission No.: CC 2019-005 Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of ANGELA and LINO SANTAROSSA requesting permission to change the conditions of Provisional Consent application B 2019-002, granted by the Committee of Adjustment on January 15, 2019 to remove of Conditions 3 and 4 and reinstate with new conditions related to the timing of the land registry transactions, on Lot 88, Registered Plan 254, 25 Fourth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That Consent application B 2019-004 shall receive final approval, and registered transfers shall be provided to the Secretary Treasurer of the Committee of Adjustment. 4. That Minor Variance Application A 2019-013 shall receive final approval. 5. That the owners shall consolidate and take into identical ownership the remnant parcel with the adjacent property municipally addressed as 31 Fourth Avenue. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -195- CITY OF KITCHENER Submission Nos.: CC 2019-005 to CC 2019-007 (Cont'd) 6. That the owners 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 address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b. obtain a building permit for any remedial work/ upgrades required by the building code assessment. 7. That the owners shall make financial arrangements to the satisfaction of the City's Director of Engineering Services for the removal of any redundant service connections and the installation of new ones that may be required to service this property, the installation of boulevard landscaping including street trees, the installation of a paved driveway ramp, and the installation of new curb and gutter, all to City standards. 8. That the owners 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. 9. That the owners shall provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of Engineering Services, showing outlets to the municipal servicing system, together with any required easements. 10. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 11. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: "That prior to any demolition, grading, tree removal, or the application for or issuance of a building permit, the owners shall submit the following plans for the newly consolidated lot (shown as'Future Lot B' on the severance sketch submitted with the application), to the satisfaction of the City's Director of Planning: a. a plan showing the location of the proposed dwelling and driveway, and elevation drawings, illustrating that the proposed dwelling will be compatible with the neighbourhood in terms of massing, scale and design, and that the plans be approved prior to the issuance of any building permit. b. 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. The plans shall be prepared by qualified consultants C. the owners shall further agree 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." 12. That the owners shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -196- CITY OF KITCHENER 1. Submission Nos.: CC 2019-005 to CC 2019-007 (Cont'd) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 16, 2021. Carried Submission No.: CC 2019-006 Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of ANGELA and LINO SANTAROSSA requesting permission to change the conditions of Provisional Consent application B 2019-003, granted by the Committee of Adjustment on January 15, 2019 to remove Conditions 5 and 6; update Condition 3 requiring the decision to be dependent on Consent Applications B 2019-002 and B 2019-004; and, correct Condition 12 to reference Future Lot C rather than Future Lot B, on Lot 89, Registered Plan 254, 31 Fourth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That Consent applications B 2019-002 and B 2019-004 shall receive final approval and the registered deed shall be provided to the Secretary Treasurer of the Committee of Adjustment. 4. That Minor Variance Application A 2019-013 shall receive final approval. 5. That the owners shall make financial arrangements to the satisfaction of the City's Director of Engineering Services for the removal of any redundant service connections and the installation of new ones that may be required to service this property, the installation of boulevard landscaping including street trees, the installation of a paved driveway ramp, and the installation of new curb and gutter, all to City standards. 6. That the owners 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. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -197- CITY OF KITCHENER Submission Nos.: CC 2019-005 to CC 2019-007 (Cont'd) 7. That the owners shall provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of Engineering Services, showing outlets to the municipal servicing system, together with any required easements. 8. That the owners 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. 9. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel the amount of $4206.24. 10. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: "That prior to any demolition, grading, tree removal, or the application for or issuance of a building permit, the owners shall submit the following plans for the new lot (Shown as 'Future Lot C" on the severance sketch), to the satisfaction of the City's Director of Planning: a. A plan showing the location of the proposed dwelling and driveway, and elevation drawings, illustrating that the proposed dwelling will be compatible with the neighbourhood in terms of massing, scale and design, and that the plans be approved prior to the issuance of any building permit. b. 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. The plans shall be prepared by qualified consultants. C. The owners shall further agree 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." 11. That the owners shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 -198- CITY OF KITCHENER 1. Submission Nos.: CC 2019-005 to CC 2019-007 (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 July 16, 2021. Carried Submission No.: CC 2019-007 Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of ANGELA and LINO SANTAROSSA requesting permission to change the conditions of Provisional Consent application B 2019-004, granted by the Committee of Adjustment on January 15, 2019 to remove of Conditions 5 and 6; and, correct Condition 12 to reference Future Lot D rather than Future Lot B, on Lot 89, Registered Plan 254, 31 Fourth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That Minor Variance Application A2019-013 receive final approval. 4. That the owners shall ensure the existing dwelling and garage located at 31 Fourth Avenue be demolished. The owners shall secure required approvals for Demolition Control and Demolition Permits as may be required. 5. That the owners shall make financial arrangements to the satisfaction of the City's Director of Engineering Services for the removal of any redundant service connections and the installation of new ones that may be required to service this property, the installation of boulevard landscaping including street trees, the installation of a paved driveway ramp, and the installation of new curb and gutter, all to City standards. 6. That the owners 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. 7. That the owners shall provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of Engineering Services, showing outlets to the municipal servicing system, together with any required easements. 8. That the owners 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. 9. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel the amount of $4206.24. 10. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: "That prior to any demolition, grading, tree removal, or the application for or issuance of a building permit, the owners shall submit the following plans for the COMMITTEE OF ADJUSTMENT MINUTES JULY 16, 2019 _199- CITY OF KITCHENER new lot (Shown as 'Future Lot D" on the severance sketch), to the satisfaction of the City's Director of Planning: a. A plan showing the location of the proposed dwelling and driveway, and elevation drawings, illustrating that the proposed dwelling will be compatible with the neighbourhood in terms of massing, scale and design, and that the plans be approved prior to the issuance of any building permit. b. 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. The plans shall be prepared by qualified consultants. C. The owners shall further agree 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." 11. That the owners shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 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 July 16, 2021. Carried ADJOURNMENT On motion, the meeting adjourned at 11:10 a.m. Dated at the City of Kitchener this 16th day of July, 2019. Dianna Saunderson Secretary -Treasurer Committee of Adjustment