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HomeMy WebLinkAboutCA Agenda - 2019-08-20COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA August 20, 2019 - 10:00 a.m. MINOR VARIANCE APPLICATION: Submission No.: A 2019-050 Applicant: Kiah Group Inc. Property Location: 149-151 Ontario Street North/21 Weber Street West Legal Description: Part Lot 11, Registered Plan 401, West of Weber Street East The Committee was advised the applicant is requesting permission to convert an existing office/residential dwelling to a mixed-use 21 -storey, 126 -unit multi -residential dwelling having 0 off-street parking spaces rather than the required 87 off-street parking spaces required by Zoning By-law 85-1. The proposed Comprehensive Review of the Zoning By-law (CRoZBy) currently under review would require 0 off-street parking spaces for the proposed redevelopment. THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594 As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY, August 20, 2019, commencing at 10:00 a.m. in the Council Chamber, 211d Floor, Kitchener City Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may attend this meeting. Please note this meeting is open to the public and may be recorded. Copies of written submissions and public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2019-083 - 103 Simeon Street Permission to construct an addition in the rear yard of an existing single detached dwelling having a rear yard setback of 3.5m rather than the required 7.5m. A 2019-084 - 360 Louisa Street Permission to legalize a deck in the rear yard of an existing townhouse dwelling having a rear yard setback of 5.91m rather than the required 6m; and, a setback of 2.7m for a deck exceeding 0.6m in height above finished grade level, rather than the required 4m setback. A 2019-085 - 6 Robert Peel Road Permission to legalize an existing townhouse dwelling having the required off-street parking space within the garage to have a width of 3.04m by a depth of 5.34m rather than the required width of 3.04m by a depth of 5.49m. A 2019-086 - 258 Edgewater Crescent, Unit 8 Permission to construct a 4 -season sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 0.37m rather than the required 7m; and, to legalize a front yard setback of 4.57m rather than the required 5.5m. A 2019-087 - 119 St. George Street Permission to construct a covered porch in the front yard of an existing single detached dwelling having a front yard setback of 0.44m rather than the required 0.9m. A 2019-088 - 915 Chapel Hill Court Permission to construct a single detached dwelling on an irregular-shaped lot having a driveway located 4.41 m from the corner lot line rather than the required 9m. A 2019-089 - 19 Netherwood Road Permission to construct a sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 5.87m rather than the required 7.5m; and, to permit the building lot coverage to be 45.7% rather than the maximum building lot coverage of 45%. Page 1 of 2 A 2019-090 - 30-40 Margaret Avenue Permission to construct a six -storey multiple residential building containing 234 dwelling units rather than the maximum permitted 210 dwelling units; having 262 off-street parking spaces (1.12 spaces/per-unit) rather than the required 293 off-street parking spaces (1.25 spaces/per-unit); and, to permit 16 off-street visitor parking spaces (6% of the total required spaces) rather than the required 59 off-street visitor parking spaces (20% of the total required spaces). B 2019-055 - 119 Waterloo Street Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 8.01 m, a depth of 44.463m and an area of 347 sq.m. The retained land will have a width of 8.351 m, a depth 44.6m and an area of 352.5 sq.m. B 2019-056 - 1000 Victoria Street North Permission for a lease in excess of 21 years to TDL Group Corp (Tim Hortons) for the building they occupy including the Drive-thru being approximately 281.5 sq.m. B 2019-057 & A 2019-091 - 45 & 47 Heiman Street Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width on Heiman Street of 11.3m, a depth of 26.8m and an area of 235 sq.m. The retained land will have a width on Heiman Street of 12.1 m, a depth 26.8m and an area of 364 sq.m. Permission is also being requested for a minor variance for 47 Heiman Street to have a lot width of 12.1 m rather than the required 12.5m. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the calendar of events, see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Local Planning Appeal Tribunal LPAT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Holly Dyson at holly. dyson(a)kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 2nd day of August, 2019. Dianna Saunderson Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON AUGUST 2, 2019. Page 2 of 2 Staff Report _x Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 10 DATE OF REPORT: August 9, 2019 REPORT NUMBER: DSD -19-191 SUBJECT: Addendum to Report DSD -19-121 Application A2019-050 149-151 Ontario Street North & 21 Weber Street West Owners — Kiah Group Inc. Applicant — Scott Patterson, Labreche Patterson and Associates Inc. Approve with Conditions Subject Properties Background: On May 14, 2019 the Committee of Adjustment deferred Application A2019-050 for three months to allow for the appeal period for the new Zoning By-law (By-law 2019-051) to expire. By-law 2019-051 proposed changes to parking regulations, as well as the application of some non- residential zones, among others. By-law 2019-051 was approved by Kitchener City Council on Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca April 29, 2019 and has been appealed. The application of new zones within the Urban Growth Centre has been deferred and will be addressed through a future zoning by-law amendment. Report: Since the May 14, 2019 Committee of Adjustment meeting, the building proposal has been changed such that the proposed dwelling units are now less than 51 square metres in size. The total required parking under Zoning By-law 85-1 is now 23 spaces. The application seeks a reduction from Section 6 of Zoning By-law 85-1 to permit a mixed use building with no minimum parking requirement, whereas the total parking requirement for the new building would be 23. Planning staff remain supportive of the requested parking reduction. Please see Report DSD -19- 121, dated May 14, 2019, for additional information and rationale. As the timing for the application of the new Urban Growth Centre zones is not known, Planning Staffs recommendation from Report DSD -19-121 has been revised to remove any reference to dates and transition regulations and policies. RECOMMENDATION: That Application A2019-050, requesting relief from Section 6 of Zoning By-law 85-1 to permit a mixed use building with no minimum parking requirement, be approved subject to the following conditions: That the Owner receive full site plan approval for a mixed use building, which includes the following bicycle parking configuration: A minimum one 1 Class A Bicycle Parking Stall for each dwelling unit. Each Class A Bicycle Parking Stall shall be a bicycle locker or an enclosed, secure area with controlled access in which a bicycle may be parked and secured for the long term in a stable position with at least one point of contact with the frame of the bicycle. ii. A minimum of 6 Class B Bicycle Parking Stalls. Class B Bicycle Parking Stalls shall be an area in which a bicycle may be parked and secured for the short term in a stable position with two points of contact with the frame of the bicycle. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT NUMBER: SUBJECT: Report: K_x wwwkitchener. ca Committee of Adjustment May 21, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Garett Stevenson, Planner— 519-741-2200 ext. 7070 10 May 14, 2019 DSD -19-121 Application A2019-050 149-151 Ontario Street North & 21 Weber Street West Owners — Kiah Group Inc., 1476795 Ontario Limited Applicant — Scott Patterson, Labreche Patterson and Associates Inc. Approve with Conditions Subject Properties On April 29, 2019, Kitchener City Council approved several sections of Stage 1 of the new zoning by-law, including new on-site parking regulations for properties within the Urban Growth Centre (UGC) zones. However, the UGC zones, Bonusing regulations in section 4.3, and the application of the zones to lands within the Downtown, were deferred. Staff Report Development Services Department K"'""' ' FR wwwki tchener. ca On May 13, 2019, the Planning and Strategic Initiatives Committee recommended approval of the UCG zones and Bonusing regulations, which will be considered at Kitchener City Council on May 27, 2019. Consideration of new UGC zoning for the subjects lands only was specifically deferred to a regularly scheduled Kitchener Council meeting on May 27, 2019 to allow time for the processing and consideration of this minor variance application, and to have the proposal be presented to Heritage Kitchener prior to new zoning being applied. A site plan application is anticipated in the coming days. Heritage Planning staff has received a draft Heritage Impact Assessment (HIA) dated February 2019 and revised March 18, 2019 prepared by Letourneau Heritage Consulting Inc., regarding a proposal to redevelop 149-151 Ontario Street North and 21 Weber Street West. The property municipally addressed 149-151 Ontario Street North contains a circa 1876 brick building originally constructed as semi-detached or "double house". The property is "listed" on the Municipal Heritage Register. 21 Weber Street West contains a commercial building built circa 1957. While 21 Weber Street West does not have heritage status, it is by definition located adjacent to the Civic Centre Neighbourhood Heritage Conservation District (across Weber Street West). ZIN, 11111411111 `��✓� 111111��111111111 Q 11111411113 lot' ����,�� 1111111y11�i�]7ltlit lob ���J �9f9� ,:1a�lti�lllilii i l � '����1111ii111i111Ul1y +i111111l111111111i1t t � � i1I11311,111111t Al I slog l so am Existing Buildings, 21 Weber Street and 149-151 Weber Street W I G - The development proposal, as currently conceived, retains the existing listed cultural heritage resource at 149-151 Ontario Street North and proposes demolition of 21 Weber Street West. A new 21 storey building would be built above, and around, the existing semi-detached dwelling. The developer has requested relief from Section 6 of Zoning By-law 85-1 to permit a mixed use building with no minimum parking requirement, which is consistent with the parking regulations (Section 5 of the new zoning by-law) approved for the UGC zones by Kitchener City Council. The Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca minor variance is required in order to meet transition policies in the new zoning by-law, such that the development would only have to comply with the current zoning regulations (Zoning By-law 85-1). Planning Comments: The subject lands are designed as City Centre District within the Urban Growth Centre (Downtown) Intensification Area. The lands are currently zoned as Office District Zone (D-4) in the current zoning by-law, and proposed to be zoned as UGC -1 with Site Specific Provision (1) in the new Zoning By-law. A site inspection as conducted on May 13, 2019. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent of the Official Plan The Downtown will be planned to increase residential development, to conserve our cultural heritage resources and ensure new development and redevelopment is sensitive to, enhances and reflects our past, and o create and maintain a cycling and pedestrian -friendly and walkable Urban Growth Centre (Downtown). All development or redevelopment in the Downtown will have regard for the contribution to the public realm through the design of public, semi-public and private spaces and buildings. Pedestrian, cycling, and rapid and public transit modes of transportation will be given the priority over vehicular circulation and accommodation within the overall transportation system. The proposed building will not have any required on-site vehicle parking. Planning staff is recommending that the bicycle parking requirements from the new zoning by-law be required to be shown on the final site plan as a condition of approval for the minor variance application to support cycling as an active transportation option for the residents of the building. Active Transportation policies in the Official Plan allow the City to require new multi -unit residential to provide secure bicycle parking. The lands are designated as City Centre. The City Centre District is the heart of the Downtown and focuses around the original commercial area of King Street. This City Centre District is also characterized by several large office developments and by lot sizes and assemblies of lot sizes conducive to future large scale developments. One of the predominate uses in the district includes multiple residential and mixed use developments. Pedestrian -friendly developments are encouraged on the side streets and public lanes as well as King Street to maintain the district's pedestrian appeal and to maximize the points of attraction and to minimize walking distances. The podium of the proposed building will be positioned close to the Weber and Ontario streetlines, and with ground floor elevations are proposed to include large openings with vision glass allowing public view of the front and sides of the heritage resource. An evaluation of significant cultural heritage resources is undertaken in the UGC. Such evaluation includes the identification of specific heritage attributes which will be referenced and guide the review and approval of plans for heritage conservation, adaptive reuse, new development and infrastructure works. The developer completed an HIA which has concluded that the existing semi-detached dwelling at 149-151 should be retained and incorporated into a new development. Staff Deport Development Services Department 1 wR wwwki tchener. c a A high quality of urban design for buildings, building elevations, building massing, storefronts, store signs, patios, streetscapes and public spaces are required in order to enhance street life and create local pride and interest as well as tourism interest. Planning Staff has been advised that due to the position and size of the building proposed to be retained, underground parking is not easily achieved. At grade and above grade parking within the new portions of the proposed building could only be located along the Ontario and Weber streetlines, resulting in blank facade walls and non-active uses at grade. By eliminating the requirement for parking, large portions of the podium of the proposed building could feature vision glass to ensure that components of the heritage resource that is being retained can be viewed from the public realm. An additional stepback beyond the podium is proposed for the tower, setting the mass from Weber Street to transition from the lower rise buildings on the opposite side of the street. The proposed minor variance also conforms to Sustainable Development policies in the Official Plan which encourage redevelopment to strive to be increasingly sustainable by encouraging and supporting compact development and efficient built form and transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Based on the foregoing, Planning Staff is of the opinion that the requested minor variance meets the general intent of the Official Plan. 2. General Intent of the Zoning By-law The current Zoning By-law was first approved in 1985 and has been updated and amended over time. A new zoning by-law is required to implement the City's 2014 Official Plan. During this time of transition, there are some sections of the Zoning By-law that do not align with the direction of the 2014 Official Plan, including on-site parking regulations. As outlined in Staff Report DSD - 19 -049, which was presented to the Planning and Strategic Initiatives Committee on April 15, 2019 along with the first stage of the new zoning by-law, "the new approach to on-site parking regulations involves some big moves, such as minimum bike parking, no minimum automobile parking requirements in the Urban Growth Centre, lower minimum automobile parking requirements for most uses, updated shared parking, and EV -ready spaces... The approach to Parking regulations conforms to the Official Plan policies; including those for active transportation, transportation demand management, intensification, urban design, the environment, and others. This is consistent with the provincial and regional policies on transportation and intensification." As part of the review of the on-site parking regulations in the new Zoning By-law, comprehensive research was undertaken by the City as well as consultants retained by the City. The City retained Paradigm Transportation Solutions Limited to complete a report titled Comprehensive Review of Off -Street Parking & Loading Regulations. The recommendations of this report were utilized in developing some of the on-site parking rates. At the conclusion of that review, inconsideration of the planned function of the UGC, Planning staff, with the support of Transportation staff, recommended that there be no minimum parking requirements in the UGC for multiple dwelling, among some other non-residential uses. This approach would permit the market to determine the parking demand for a development. The current Zoning By-law also contemplates parking reductions in the Downtown. While the final size of the dwelling units is not yet determined for this project, should the development Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca proceed with units that are less than 51 square metres in size, the total parking requirement for the new building would be 23. At the time of the submission of the minor variance application, 36 of the proposed 126 units were below 51 square metres in size, resulting in a parking requirement of 87 spaces. The current zoning by-law also provides on-site parking exemptions for existing floor area and existing lots. While the current zoning by-law does not contemplate full parking exemptions for new multiple residential dwellings, there are exemptions for certain uses, as well as exemptions for new uses within existing buildings (at the time of the by-law being approved) in the "D" zones. Based on the foregoing, Planning Staff is of the opinion that the requested minor variance meets the general intent of the Zoning By-law. 3. Is the Variance Minor? The requested parking reduction is minor. Recent and ongoing investments and improvements to active and public transportation modes in the Downtown provides greater support to alternative modes of transportation. Private carshare and ride hailing services are available in the Downtown, as well as other areas throughout the City. Additionally, should a resident or visitor to the proposed building require vehicle parking, there are publically and privately owned parking lots and garages that could fulfil the demand, in the same way that current residents and employees in the Downtown without a provided parking space have met their needs. 4. Is the Variance Appropriate? The requested variance is appropriate. By eliminating the requirement for on-site parking, a residential intensification can occur on an irregular shaped lot that features an existing cultural heritage feature that is being retained. Eliminating the need for an at or above grade parking structure in the podium will result in a building base that features active uses at grade with a high percentage of vision glass, allowing view of the sides of the heritage feature from the public realm. The minor variance is required to have full compliance with Zoning By-law 85-1 in order for the development to proceed independent of the application of the new UGC zones. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the 21 storey apartment building is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Comments: Transportation Services can support a `zero' parking rate for the proposed application based on the fact that both Planning and Transportation Services staff supported and recommended a `zero' parking rate (no minimum spaces) for multiple residential buildings within the Urban Growth Centre (Downtown) through the Comprehensive Review of the Zoning By-law. Heritage Comments: The property municipally addressed as 149-151 Ontario Street North is a listed property on the Municipal Heritage Register, and the property municipally addressed as 21 Weber Street North is adjacent to the Civic Centre Neighbourhood Heritage Conservation District. The larger development proposal on the subject properties contemplates the retention of the existing front portion of 149-151 Ontario Street North in situ. The proposed minor variance to request relief for 0 (zero) parking spaces would help facilitate the retention of the heritage building, and as such Heritage Planning staff has no concerns. Staff Deport Development Services Department Engineering Comments: Engineering staff has no objections to the proposed variance. Operations Comments: Operations staff has no objections to the proposed variance. Environmental Planning Comments: Environmental Planning staff has no objections to the proposed variance. RECOMMENDATION: 1 wR wwwki tchener. c a That Application A2019-050, requesting relief from Section 6 of Zoning By-law 85-1 to permit a mixed use building with no minimum parking requirement, be approved subject to the following conditions: That the Owner submit a complete site plan application under Zoning By-law 85-1 and comply with all transition policies of Section 18 of the new zoning by-law. 2. That the Owner receive full site plan approval by May 21, 2021, for a mixed use building, which includes the following bicycle parking configuration: A minimum one 1 Class A Bicycle Parking Stall for each dwelling unit. Each Class A Bicycle Parking Stall shall be a bicycle locker or an enclosed, secure area with controlled access in which a bicycle may be parked and secured for the long term in a stable position with at least one point of contact with the frame of the bicycle. ii. A minimum of 6 Class B Bicycle Parking Stalls. Class B Bicycle Parking Stalls shall be an area in which a bicycle may be parked and secured for the short term in a stable position with two points of contact with the frame of the bicycle. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner Region of Waterloo May 03, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority. Shuh Cline & Grossman LLP Barristers and Solicitors Frederick J. Shuh, B.A., LL.B. - 17 Weber Street West Also of New York State Bar Kitchener, Ontario N2H 3Y9 William C. Cline, LL.B- Telephone (519) 578-9010 Mark S. Grossman, B.A., LL.B. Facsimile (519) 578-1590 Gretchen T. Reitzel, B.A. (Hoes.) J.D. Samantha S. Ahn, B.A., M.A., J.D. Please Refer To: Samantha S. Ahn 519-578-9010 east. 240 sahn@shuhlaw.com May 17, 2019 DELIVERED BY EMAIL to Dianna. Saunderson@Kitchener.ca AND BY HAND Committee of Adjustment Office of the City Clerk Kitchener City Hall 200 King Street West 2nd Floor Kitchener, ON N2G 4G7 Dear Sir or Madam: Re: Committee of Adjustment — Hearing May 21, 2019 Objection to Application # A 2019-0 5 0 149-151 Ontario Street North / 21 Weber Street West I am the solicitor for the owners of the property located at 17 Weber Street West, Kitchener which is immediately adjacent to all the applicant's property in the Application. My clients have used their property 17 Weber Street West as law office for 30 years staring in 1989. My clients have a number of concerns regarding this Application to permit a very large scale, high density 21 Storey residential development with zero (0) parking on the immediate adjacent land located at 149-151 Ontario Street North and 21 Weber Street West. Our clients only received notice of this Application on May 6, 2019. My clients were not consulted about this Applicant or the applicant's development. They received some information in a newspaper article published this month. This application should be deferred until my clients have obtained professional planning advice. Our clients will then be able to meet with the applicant and City staff regarding this Application. Shuh Cline & Grossman LLP Barristers and Solicitors We submit that this Application does not meet the legal tests for approval by the Committee of Adjustment under Section 45 of the Planning Act. 1 _ This Application is not minor in nature. The Application seeks the total elimination of the requirement for 87 off-street parking spaces and reduced to zero (0) parking spaces for a 21 -storey residential development. There has been no appropriate consideration of the significant and negative impacts this complete elimination of parking requirements on existing properties adjoining to this development. There will be very significant problems with illegal parking on my clients' property and traffic congestion if this Application is granted. There will also be significant problems with access to my clients' property due to congestion and illegal parking. My clients have many elderly and limited mobility persons needing to attend their law office. 2. This Application does not support an appropriate development of the land. This is a very large scale, high density 21 storey residential development with zero (0) parking. The size of this developer's lot is small. We understand the developer's proposal does not comply with the current D-4 Zone and further, would not fully comply with the new proposed CRoZBy Zoning By-law. 3. We submit the Application does not maintain the intent and purpose of the official plan in a proper or reasonable fashion; 4. We submit the Application does not maintain the intent and purpose of the zoning by- law. The zoning by-law clearly created the requirement for large scale residential developments to have significant off-street parking. We understand that there are also requirements under the proposed new by-law that this development may not comply with. 5. This development has proceeded without any notice or consultation with my clients as the adjoining landowners. 6, The proposed 21 storey tower will block daylight and result in very significant shadowing of my clients' building. This is of great concern arising from the plan for the proposed 21 storey tower. 7, The developer's daylighting opinion mistakenly understates the impact and, in fact, does not refer to my clients' property. 8. There is no restriction on windows facing our clients' property. There should be no windows facing my client's property, similar to the building at 32 Duke Street West facing to the rear of my clients' property. The negative impact on the privacy and the business of my clients would be significant if windows from the 21 -storey tower face my clients' property. My clients are retaining professional Planners to obtain proper planning advice regarding the development at 149-151 Ontario Street North and 21 Weber Street West with zero (0) parking. Shuh Cline & Grossman LLP Barristers and Solicitors We ask that the Application be denied or, alternatively, be deferred until we have been able to obtain proper planning advice and my client's planners have been able to consult with City staff and the applicant. Yours very truly, Shuh Cline & Grossman LLP U Samantha S. Ahn SSA/ Dianna Saunderson From: Sent: "atay,ay P, P P: P To: Dianna Saunderson Subject: FW; Comment for Committee of Adjustment regarding A 2019-050: 149-151 Ontario St N / 21 Weber St W Greetings, Dianna, Holly has directed me to you. Can you please confirm receipt and forward this message to the Committee of Adjustment adjudicators? Thank you, From: Sent: May 18, 2019 3:06 PM To: holly.dyson@kitchener.ca Cc: Subject: Comment for Committee of Adjustment regarding A 2019-050: 149-151Ontario St N / 21 Weber St W Greetings, Holly. Can you please confirm receipt and forward this message to the Committee of Adjustment adjudicators? Thank you, Greetings, Adjudicators, In the case of 149-151 Ontario St N/21 Weber St W, I believe it necessary to either conform to a single zoning bylaw or conform to both the new and old simultaneously, in their respective entireties. I believe that straddling the benefits of two bylaws and ignoring even some of the associated requirements is not a legitimate option. Because a bylaw aims to protect all affected parties, picking and choosing among bylaw provisions can strip neighbours of the protections they are due. Thus, the least restrictive test for the minor variance application is to determine if the application can be considered minor under the complete set of requirements of at least one of Bylaw 85-1 or CRoZBy. Under 85-1, the proposed build, in its draft form, would require 87 spaces. The proposed variance is a reduction of 87 parking spaces or 100% of the requirement. This cannot be considered minor. Under CRoZBy, the parking requirement would not be at issue. But a variance for additional height would be required. The height limit, under CRoZBy, is 12 storeys or 125 feet. The proposed build is 21 storeys and over 226 feet. That constitutes a 75% increase in storeys and an 81% increase in height. This, too, cannot be considered minor. Therefore, under either bylaw, the proposed variance cannot be deemed minor. I appreciate that the proposal and staff report are forward thinking, anticipating and encouraging a shift toward active transportation. Nonetheless, we must operate under rule of law. Please rule that the decision isnot minor and cannot be approved by the Committee of Adjustment. Virus -free. www.avq.com 2 Staff Repod Development Services Department K;`�FR www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519- 741-2200 ext. 7110 WARD: 10 DATE OF REPORT: August 9, 2019 REPORT #: DSD -19-192 SUBJECT: A2019-083 — 103 Simeon St Applicant — Devon Wagler Approve Location Map: 103 Simeon Street REPORT Planning Comments: The subject property located at 103 Simeon Street is zoned Residential Four (R-5) with Special Use Provision 129U in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to construct a rear yard addition and is requesting relief from Section 39.2.1 of the Zoning By-law to allow for a rear yard setback of 3.5 metres, whereas 7.5 metres is required. As shown in the photo below (right), there is an existing addition in the rear yard. This addition will be demolished and replaced with a new addition which will project slightly more into the required rear yard. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The existing rear yard addition (right) will be replaced by a new addition which will project another —0.5 metres into the rear yard City Planning staff conducted a site inspection of the property on August 1, 2019. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent and Purpose of Official Plan Test The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to reduce the rear yard is appropriate and will continue to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The requested variance to permit a rear yard setback at 3.5 metres, whereas 7.5 metres is required, meets the general intent of the Zoning By-law. The purpose of a rear yard setback of 7.5 metres is to provide an outdoor amenity space, as well as adequate separation from neighbouring properties. Staff notes that the existing rear yard is already well below the required 7.5 metres, and a large majority of the existing amenity space in the rear yard of the subject property will remain. Many of the neighbouring properties also have reduced rear yards. It is the opinion of staff that the proposed rear yard setback of 3.5 metres will continue to allow for an adequate amenity space and will not negatively impact adjacent properties. 3. "Minor" Test The variance can be considered minor as the reduced rear yard setback will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed rear yard addition will maintain sufficient outdoor amenity space and is only slightly larger than the existing addition which will be replaced. The proposed reduced rear yard will likely not function or appear significantly different than the existing condition. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the proposed addition with a reduced rear yard is consistent with the low density development of the neighbourhood. Many of the adjacent properties also have reduced rear yards. The new addition will project only slightly beyond the existing building and the marginal increase is appropriate. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the addition to the single detached dwelling and is currently under review. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: Heritage Planning staff has reviewed the minor variance application and do not have any concerns. Please note that the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 103 Simeon Street is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-083 requesting relief from Section 39.2.1 of the Zoning By-law to permit an addition to have a rear yard setback of 3.5 metres, whereas 7.5 metres is required, be approved. Richard Kelly-Ruetz, BES Technical Assistant Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 01, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on August 20, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-083 — 103 Simeon Street — No Concerns. 2. A 2019-084 — 360 Louisa Street — No Concerns. 3. A 2019-085 — 6 Robert Peel Road — No Concerns. 4. A 2019-086 — 8-258 Edgewater Crescent — No Concerns. 5. A 2019-087 — 119 St. George Street — No Concerns. 6. A 2019-088 — 915 Chapel Hill Court — No Concerns. 7. A 2019-089 — 19 Netherwood Road — No Concerns. 8. A 2019-090— 30 to 40 Margaret Avenue — No Concerns. 9. A 2019-091— 47 Heiman Street — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Document Number: 3066911 Page 1 of 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Report _x Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 10 DATE OF REPORT: August 9, 2019 REPORT NUMBER: DSD -19-193 SUBJECT: Application A2019-084 360 Louisa Street Owners - Renee Joy Rita Meier & Matthew McKinnon Paul Schryer Applicant — Emil Mrzlijak, Losani Homes Approve with Conditions Subject Property REPORT The subject property located at 360 Louisa Street and is part of the Victoria Commons (1 Adam) development. The property has been developed with a street fronting townhouse dwelling. The property is designated as Medium Rise Residential with Special Policy Area 23 and zoned Residential Six (R-6) with Special Regulation Provision 630R and Special Use Provision 198U in the Zoning By-law 85-1. Staff Deport Development Services Department 1 wR wwwki tchener. c a The application is seeking relief from Section 360R to legalize an existing rear yard setback of 5.91 metres whereas 6.0 metres is required, and seeking relief from Section 5.6.a.4.c to legalize a covered deck with a height exceeding 0.6 metres to be within 2.7 metres of the rear lot line, whereas a 4.0 metre setback is required. City Planning staff conducted a site inspection of the property on August 8, 2019. Existing Rear Yard and Covered Deck - 360 Louisa Street Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated as Medium Rise Residential with Site Specific Policy Area 23. The Medium Rise Residential land use designation permits a range of medium density housing types including townhouse dwellings in a cluster development, multiple dwellings and special needs housing. The requested variance to legalize the existing rear yard and covered deck is appropriate and maintains the character of the property and surrounding neighbourhood. Planning staff are of the opinion that the requested variances meet the intent of the Official Plan. Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca General Intent of Zoning By-law 2. The requested variances meet the general intent of the Zoning By-law. The intent of the 6.0 metre rear yard setback requirement is to provide amenity space in the rear yard. The intent of the 4.0 metre setback for a coverage deck is to ensure that outdoor amenity space is adequately separated from an adjacent property. The subject property is part of the comprehensively planned community, along with the adjacent properties, and all townhouses feature rear decks which form a portion of the outdoor amenity space. The existing deck is adjacent to the side yard of the next closest property and there is adequate separation between the dwelling and neighbouring properties. Application is Minor 3. The variances are minor as the legalization of the existing rear yard and covered deck will not create any significant impacts to adjacent properties and the overall neighbourhood. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variance will not impact the existing character of the surrounding neighbourhood as it is consistent with other development in the community. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. A revision to the original application has been made to for the deck to the townhouse and is currently under review. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Environmental Comments: No environmental planning concerns. Heritage Comments: No heritage planning concerns. RECOMMENDATION That minor variance application A2019-084 requesting relief from Section 360R to legalize an existing rear yard setback of 5.91 metres whereas 6.0 metres is required, and also seeking relief from Section 5.6.a.4.c to legalize a covered deck with a height exceeding 0.6 metres to be within 2.7 metres of the rear lot line, whereas a 4.0 metre setback is required, be approved. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner Region of Waterloo August 01, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on August 20, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-083 — 103 Simeon Street — No Concerns. 2. A 2019-084 — 360 Louisa Street — No Concerns. 3. A 2019-085 — 6 Robert Peel Road — No Concerns. 4. A 2019-086 — 8-258 Edgewater Crescent — No Concerns. 5. A 2019-087 — 119 St. George Street — No Concerns. 6. A 2019-088 — 915 Chapel Hill Court — No Concerns. 7. A 2019-089 — 19 Netherwood Road — No Concerns. 8. A 2019-090— 30 to 40 Margaret Avenue — No Concerns. 9. A 2019-091— 47 Heiman Street — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Document Number: 3066911 Page 1 of 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Repod Development Services Department 1 �.R www.kitch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20th, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Jenna Daum — Technical Assistant - 519-741-2200 ext.7760 WARD: 10 DATE OF REPORT: August 12th, 2019 REPORT #: DSD -19-194 SUBJECT: A 2019-085 — 6 Robert Peel Road Owner — Lukasz Sokolowski & Aneta Sokolowski Approve Without Conditions Location Map: 6 Robert Peel Road *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 6 Robert Peel Road is zoned Residential Six (R-6) with special provisions 630R and 198U in Zoning By-law 85-1 and is designated Medium Rise Residential in the Official Plan. City Planning staff conducted a site inspection of the property on August 8th 2019. The garage space requires a landing to enter the dwelling as per the Ontario Building Code, the proposed landing encroaches into the required parking space located within the garage. Therefore, the owner is requesting relief from Section 6.1.1.2(e) to allow for an off-street parking space to be 5.34 metres in length whereas 5.5 metres is required. E1 View from Robert Peel Road Considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Medium Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a medium density neighbourhood. The requested variance to permit a reduced the length of an off-street parking stall is appropriate and continues to maintain the medium density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The requested off-street parking variance meets the general intent of the Zoning By-law. Parking space dimensions are standardized and are provided in the Zoning By-law to ensure that a range of vehicles can be accommodated within required off-street parking spaces. The smaller length of space within the garage will continue to be able to accommodate a wide variety of personal passenger vehicles. It is not anticipated that any negative impacts on the adjacent residential properties will result from the variance required. Minor The requested variance is considered minor as it is the opinion of staff that the proposed revised garage space can continue to accommodate most types of personal passenger vehicle. The property is also developed with a single car driveway which can further accommodate an additional vehicle for the owners without impacting the adjacent properties or the public realm. Appropriate and Desirable The requested variance is appropriate for the development and use of the land as the revised garage space may accommodate most types of personal passenger vehicles. Staff is of the opinion that the variance will cause no negative impacts on the surrounding properties within the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: The reduction in length to the internal garage parking space being sought is minor (15 cm), therefore, Transportation Services supports the requested variance. RECOMMENDATION: That minor variance application A2019-085 requesting relief from Section 6.1.1.2(e) to allow for an off-street parking space to be 5.34 metres in length whereas 5.5 metres is required, be approved without conditions. Jenna Daum Juliane von Westerholt, BES, MCIP, RPP Technical Assistant (Planning and Zoning) Senior Planner Region of Waterloo August 01, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on August 20, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-083 — 103 Simeon Street — No Concerns. 2. A 2019-084 — 360 Louisa Street — No Concerns. 3. A 2019-085 — 6 Robert Peel Road — No Concerns. 4. A 2019-086 — 8-258 Edgewater Crescent — No Concerns. 5. A 2019-087 — 119 St. George Street — No Concerns. 6. A 2019-088 — 915 Chapel Hill Court — No Concerns. 7. A 2019-089 — 19 Netherwood Road — No Concerns. 8. A 2019-090— 30 to 40 Margaret Avenue — No Concerns. 9. A 2019-091— 47 Heiman Street — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Document Number: 3066911 Page 1 of 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: www.ki tch en er. ca Committee of Adjustment August 20, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 2 August 8, 2019 DSD -19-195 A2019-086 — 8-258 Edgewater Crescent Applicants — Werner Leuschner Approve without conditions Location Map: 8-258 Edgewater Crescent *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 8-258 Edgewater Crescent is zoned Residential Six (R-6), with Special Regulation Provision 381 R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build an attached structure over an existing deck onto the single detached dwelling. The proposed building addition on the subject property can no longer meet the requirements of the Special Regulation Provision 381 R of the Zoning By-law. The applicant is requesting relief from Special Regulation Provision 381 R of the Zoning By-law to allow an addition to have a rear yard setback of 0.37 metres rather than the required 7.0 metres, and to legalize the existing front yard setback of 4.57 metres rather than the required 5.5 metres. City Planning staff conducted a site inspection of the property on August 2, 2019. 8-258 Edgewater Crescent (Front and Rear view) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced rear yard setback and legalize the front yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested minor variances for a front yard setback of 4.57 metres rather than the required 5.5 meters, a rear yard setback of 0.37m rather than the required 7.0 metres, all meet the general intent of the Zoning By-law. The request for the front yard variance recognizes an existing situation, and no changes to the front yard are proposed. The rear yard requires a 7.0 metres setback from the rear lot line to ensure there is adequate rear yard amenity space. The property in question backs onto Idlewood Creek and there is no development behind it, therefore the reduction in the rear yard setback is not affecting any neighbouring rear yard properties. Furthermore, the addition to the dwelling also does not encompass the entire back yard only the portion that currently has a deck on it. There is still a portion of the rear yard amenity space remaining which will be adequate for the property. It is the opinion of staff that the required variances meet the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that the requested variances are minor. The proposed reduction in the rear yard setback will be negligible due to the open space behind the property and will not impact the existing neighbourhood. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The addition of the sunroom as an amenity feature will provide an alternative space for the residents to occupy, and is an appropriate size for the residential area. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided the building permit for the new 4 season sunroom is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Environmental Comments: No environmental planning concerns. Heritage Comments: No heritage planning concerns. RECOMMENDATION That minor variance application A2019-086 requesting relief from Special Regulation Provision 381R to allow the addition of a single detached dwelling to be setback 0.37 metres from the rear lot line, whereas 7.0 metres is required; a front yard setback of 4.57 metres whereas 5.5 metres be required; be approved. Tim Seyler, BES Junior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo August 01, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on August 20, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-083 — 103 Simeon Street — No Concerns. 2. A 2019-084 — 360 Louisa Street — No Concerns. 3. A 2019-085 — 6 Robert Peel Road — No Concerns. 4. A 2019-086 — 8-258 Edgewater Crescent — No Concerns. 5. A 2019-087 — 119 St. George Street — No Concerns. 6. A 2019-088 — 915 Chapel Hill Court — No Concerns. 7. A 2019-089 — 19 Netherwood Road — No Concerns. 8. A 2019-090— 30 to 40 Margaret Avenue — No Concerns. 9. A 2019-091— 47 Heiman Street — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Document Number: 3066911 Page 1 of 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Repod Development Services Department I www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20th, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Jenna Daum — Technical Assistant - 519-741-2200 ext.7760 WARD: 9 DATE OF REPORT: August 12th, 2019 REPORT #: DSD -19-196 SUBJECT: A 2019-087 — 119 St. George Street Owner —Jeannette Marie Elizabeth McNamara Approve Without Conditions x ti Location Map: 119 St. George Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 119 St. George Street is zoned Residential Five (R-5) in Zoning By-law 85-1 and is designated Low Rise Conservation in the Cedar Hill Secondary Plan for Land Use. City Planning staff conducted a site inspection of the property on Thursday, August 1St. The property contains an existing Single Detached Dwelling which is proposed to construct a front porch. To accommodate the porch, the owner is requesting relief from Section 39.2.1 of the Zoning By-law to have a front yard setback of 0.44 metres rather than the required 0.90 metres setback. View from St. George Street Considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Conservation in the Cedar Hill Secondary Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to the required front yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The requested front yard setback variance meets the general intent of the Zoning By-law. The intent of this regulation is to maintain a cohesive look along the blocks within the Residential Intensification in Established Neighbourhoods Study (RIENS) area. The neighbouring properties have front covered porches, while the subject property is the only one that does not have a covered porch. By constructing the front covered porch the home will maintain the cohesive look that RI ENS intends to provide. It is not anticipated that any negative impacts on the adjacent residential properties will result from the variance required. Appropriate and Desirable The requested variance is appropriate for the development and use of the land as it is not uncommon to have a covered front porch and this is in keeping with the character of the area. Staff is of the opinion that the variance will cause no negative impacts on the surrounding properties within the neighbourhood. Minor The requested variance will maintain a sufficient setback from the public realm in order to ensure that the use of the porch will not negatively impact pedestrians using the sidewalk. There are also no visibility concerns with the proposed porch within the in the driveway visibility triangle (DVT). Therefore staff are of the opinion that the variance is minor. Based on the foregoing, Planning staff recommends that this application be approved Building Division Comments: The Building Division has no objections to the proposed variance provided the building permit for the new front yard addition is obtained prior to construction. Please contact the Building Division @ 519-741- 2433 with any questions. Heritage Planning Comments: Heritage Planning staff has reviewed the minor variance application and do not have any concerns. Please note that the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 119 St. George Street is located within the Cedar Hill Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Transportation Services Comments: Based on the revised plan submitted by the applicant on August 8, 2019, Transportation Serveries has no concerns with the application. RECOMMENDATION: That minor variance application A2019-87 requesting relief from Section 39.2.1 of the Zoning By- law to have a front yard setback of 0.44 metres rather than the required 0.90 metres setback, be approved without conditions. Jenna Daum Juliane von Westerholt, BES, MCIP, RPP Technical Assistant (Planning and Zoning) Senior Planner Region of Waterloo August 01, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on August 20, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-083 — 103 Simeon Street — No Concerns. 2. A 2019-084 — 360 Louisa Street — No Concerns. 3. A 2019-085 — 6 Robert Peel Road — No Concerns. 4. A 2019-086 — 8-258 Edgewater Crescent — No Concerns. 5. A 2019-087 — 119 St. George Street — No Concerns. 6. A 2019-088 — 915 Chapel Hill Court — No Concerns. 7. A 2019-089 — 19 Netherwood Road — No Concerns. 8. A 2019-090— 30 to 40 Margaret Avenue — No Concerns. 9. A 2019-091— 47 Heiman Street — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Document Number: 3066911 Page 1 of 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Report KA—�R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 4 DATE OF REPORT: August 8, 2019 REPORT #: DSD -19-188 SUBJECT: A2019-088 — 915 Chapel Hill Court Applicants — MHBC Planning Ltd. on Behalf of Crescent Haven Homes Inc. Approve without conditions Location Map: 915 Chapel Hill Court *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 915 Chapel Hill Court is zoned Residential Four (R-4) in the Zoning By- law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is requesting relief from Section 6.1.1.1.b) iv) of the Zoning By-law to locate a driveway 4.41 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. City Planning staff conducted a site inspection of the property on August 6, 2019. 915 Chapel Hill Court In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The Residential designation places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The request to legalize the driveway located 4.41 metres from the intersection of the street lines, whereas 9.0 metres is required meets the general intent of the Zoning Bylaw. The reduction of 4.59 metres from the required 9.0 metres can be considered minor. The intent of the 9.0 metre setback is to ensure that there are no obstructions within the corner visibility triangle, and ensuring vehicles entering and exiting the intersection can do so safely. Due to the irregular shape of the lot and curvature of the roadway, it is not anticipated that any negative impacts on the adjacent residential properties will result from the variance required therefore, it is the opinion of staff that the general intent of the Zoning By-law continues to be maintained. Application is Minor 3. Staff is of the opinion that the requested variance is minor. The proposed reduction from the intersection of the street lines will be negligible due to the irregular shape of the property and the shorter street will likely not generate large volumes of traffic. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. �M4. "2 r� IT a 'fir b- .iti Yl 29'04'4M 6 As,435,a$5 24 01-6A31 4 wj R_4, acro A.8.183 CH=7.5{3 Proposed Single Detached Dwelling — 915 Chapel Hill Court Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the single detached dwelling and is currently under review. Transportation Services Comments: Based of the configuration of the site, low traffic volumes expected along Chapel Hill Court; the proposed driveway setback can be supported. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2019-088 requesting relief from Section 6.1.1.1.b) iv) to permit a driveway located 4.41 metres from the intersection of the street lines, whereas 9.0 meters is required; be approved. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 01, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on August 20, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-083 — 103 Simeon Street — No Concerns. 2. A 2019-084 — 360 Louisa Street — No Concerns. 3. A 2019-085 — 6 Robert Peel Road — No Concerns. 4. A 2019-086 — 8-258 Edgewater Crescent — No Concerns. 5. A 2019-087 — 119 St. George Street — No Concerns. 6. A 2019-088 — 915 Chapel Hill Court — No Concerns. 7. A 2019-089 — 19 Netherwood Road — No Concerns. 8. A 2019-090— 30 to 40 Margaret Avenue — No Concerns. 9. A 2019-091— 47 Heiman Street — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Document Number: 3066911 Page 1 of 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff ReportAaR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519- 741-2200 ext. 7110 WARD: 4 DATE OF REPORT: August 9, 2019 REPORT #: DSD -18-198 SUBJECT: A2019-089 — 19 Netherwood Rd Applicant — Aldo & Silvana Albarello Approve i Subject Property 2.1 -` 17 Location Map: 19 Netherwood Road REPORT Planning Comments: The subject property located at 19 Netherwood Road is zoned Residential Four (R-4) with Special Regulation Provision 405R in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to construct a rear yard one -storey sunroom and is requesting relief from Section 38.2.1 of the Zoning By-law to allow for a rear yard setback of 5.87 metres, whereas 7.5 metres is required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Front of 19 Netherwood Road Location of Rear Yard Sunroom City Planning staff conducted a site inspection of the property on August 1, 2019. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent and Purpose of Official Plan Test The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to reduce the rear yard is appropriate and will continue to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The requested variance to permit a rear yard setback of 5.87 metres, whereas 7.5 metres is required, meets the general intent of the Zoning By-law. The purpose of a rear yard setback of 7.5 metres is to provide an outdoor amenity space, as well as adequate separation from neighbouring properties. The property owner intends to use the sunroom to cover a hot tub and staff is of the opinion that this will contribute to amenity area for the property, further maintaining the general intent of the Zoning By-law. It is the opinion of staff that the proposed rear yard setback of 5.87 metres will continue to allow for an adequate amenity space and will not negatively impact adjacent properties. 3. "Minor" Test The variance can be considered minor as the reduced rear yard setback will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed rear yard addition will maintain sufficient outdoor amenity space and maintain a reasonable rear yard for the property and the area. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the proposed sunroom with a reduced rear yard is consistent with the low density development of the neighbourhood. The new addition will project slightly beyond the existing building and the rear yard encroachment is appropriate. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance provided the building permit for the addition of the four season sunroom is obtained prior to construction. Please contact the Building Division @ 519- 741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-089 requesting relief from Section 38.2.1 of the Zoning By-law to permit the construction of one -storey rear yard sunroom with a rear yard setback of 5.87 metres, whereas 7.5 metres is required, be approved. Richard Kelly-Ruetz, BES Technical Assistant Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 01, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on August 20, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-083 — 103 Simeon Street — No Concerns. 2. A 2019-084 — 360 Louisa Street — No Concerns. 3. A 2019-085 — 6 Robert Peel Road — No Concerns. 4. A 2019-086 — 8-258 Edgewater Crescent — No Concerns. 5. A 2019-087 — 119 St. George Street — No Concerns. 6. A 2019-088 — 915 Chapel Hill Court — No Concerns. 7. A 2019-089 — 19 Netherwood Road — No Concerns. 8. A 2019-090— 30 to 40 Margaret Avenue — No Concerns. 9. A 2019-091— 47 Heiman Street — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Document Number: 3066911 Page 1 of 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority 1 Staff Repod K 1RN-PR Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner — 519-741-2200 ext. 7869 WARD: 10 DATE OF REPORT: August 9, 2019 REPORT # DSD -19-199 SUBJECT: Application #: A2109-090 — 30 to 40 Margaret Avenue Applicant: P. Chauvin, MHBC Recommendation to Approve with Conditions �Subiect Property Subject Property Report: 10 ML 4 X,�' 7 The subject property is an assemblage of properties municipally addressed as 30 to 40 Margaret Avenue. Legally described as Lots 193-198, 211-213 and Part of Lots 199-203, 214-218 Registered Plan 374, City of Kitchener, Regional Municipality of Waterloo. The subject lands are situated on the north side of Margaret Avenue between Queen Street and Maynard Avenue. The Staff Repod Development Services Department 1 K'R TIN+R www.kitchener. ca subject lands measure approximately 191 metres wide by 55 metres deep for an area of 1.23 hectares (3.04 acres). Surrounding land uses are comprised of low rise residential, medium to high rise residential and institutional uses. Located within the Civic Centre Neighbourhood, these lands are designated Medium Density Multiple Residential in the Civic Centre Secondary Plan and zoned R-8 with special regulation 551 R, in the City of Kitchener Zoning By-law 85-1. The zoning permits a medium rise residential development. Application for site plan approval was submitted to the City in late March of 2019. The plan is for the development of a six -storey, multiple residential building fronting onto Margaret Ave, with a total of 234 dwelling units. A total of 262 parking spaces are proposed, the majority of which are located underground. 16 visitor surface parking spaces are proposed at the rear of the building. There is an outdoor amenity area proposed at the rear of the building, as well as landscaped areas and indoor amenity areas. Two vehicular access points are proposed off of Margaret Ave, on the easterly and westerly edges of the property. The access on the easterly edge provides access to the underground parking, and the access on the westerly edge provides access to the visitor parking area at the rear of the building. A Neighbourhood Information Meeting was held with area residents on May 9, 2019. The Site Plan Review Committee met on June 19, 2019 to discuss the site plan application. City staff has issued `Approval in Principle' (AIP) for the site plan. The heritage application was considered by Heritage Kitchener at the August 4, 2019 meeting. The application received unanimous endorsement from Heritage Kitchener and was recommended for approval. This matter will be discussed at the August 26 Council meeting. MARGAREI AVEWr Proposed Site Plan — Courtesy of MHBC Planning Staff Repod Development Services Department Variances Requested 1 K�R TIN+_ K www.kitchener. ca In order to implement the site development under consideration, three minor variances are required. The variances are as follows: 1) Unit Count - To provide relief from City of Kitchener Zoning By-law 85-1 site specific zoning By-law 551 R, to permit a maximum of 234 units, whereas 210 units are permitted. 2) Residential Parking Rate - To permit a parking rate of 1.12 spaces per unit for a total of 262 spaces, whereas a rate of 1.25 spaces / unit for a total of 293 spaces are required, as per Section 6.1.2 a) of Zoning By-law 85-1. 3) Visitor Parking Rate - To permit 16 spaces, or 6% of the total required spaces as visitor parking spaces, whereas Zoning By-law 85-1 Section 6.1.2. b) requires 20% or 59 spaces. Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: 1. Do the variances maintain the general intent and purpose of the Official Plan? The subject property is designated Medium Density Commercial Residential in the Central Frederick Neighbourhood Secondary Plan of the City of Kitchener Official Plan. The general intent of this designation is to allow for medium density residential while maintaining the overall residential character of the neighbourhood. The proposed development and the requested variances are in keeping with the intent of the Civic Centre Secondary Plan for the subject lands. The proposed variances will implement a site development that is permitted and envisioned for this designation, is compatible with the surrounding area, achieves a higher level of urban design supporting the City's Urban Design policies, and provides for a mixture of unit sizes that the City's Housing policies encourage. Lastly, given its location relative to the downtown and higher order transit the combination of proposed density and parking is balanced appropriately to have sufficient on site parking yet encourage the use of public transit that the City's Transportation policies promote. In the opinion of staff the general intent of the Official Plan is therefore maintained. 2. Does the variance maintain the general intent and purpose of the Zoning By-law? Unit Count The subject property is zoned Residential Eight (R-8), with Special Regulation 551 R, under City of Kitchener Zoning By-law 85-1. The site specific By-law was approved in 2010. The proposed use of a multiple dwelling is permitted in the R-8 zone. Special Regulation Provision 551 R was enacted in response to a conceptual development to support the Official Plan Amendment and Zoning By-law Amendment application in order to regulate the height, massing, number of units and parking of the previous plan. The current developer is maintaining the height and massing restrictions 551 R imposes, but is reconfiguring the internal layout of the building to provide a Staff Repod Development Services Department 1 K�RTIN-r_ K www.kitchener. ca greater mix of unit sizes to meet current housing demands. This has resulted in a slightly higher unit yield of 234 versus 210. Since height and massing of the building remain unchanged, the effect is negligible and the general intent of the Zoning By-law is maintained. Parking Space Rate The intent of the parking provisions in the Zoning By-law is to ensure sufficient on-site parking is provided for residents and visitors. Section 6 of the City of Kitchener Zoning By-law 85-1 provides for off-street residential parking requirements for multiple dwellings. The proposed parking rate is 1.12 spaces per unit; whereas 1.25 spaces per unit is required under Zoning By-law 85-1. Council has approved Stage 1 of a new Zoning By-law 2019-051 (CRoZBy) (under appeal) By- law 2019-051 is reducing the required residential parking rate for multiples to 1.1 space per unit, inclusive of visitor parking at 10 percent or 0.1. The parking rate under consideration more closely aligns with direction being sought by the City to lower parking rates, requiring TDM measures in order to encourage use of public transportation, particularly around transit station areas. This parking rate is also consistent with or slightly greater than most developments occurring within or adjacent to the downtown. The proposed rate of 1.12 spaces per unit maintains the general intent and purpose of the Zoning By-law and is appropriate for a multiple residential dwelling, located in close proximity of the Urban Growth Centre, a range of uses, services and transit, including higher order transit. Visitor Parking Rate Under By-law 85-1, the visitor parking requirement for the number of units proposed is 20 percent of the required number of spaces. By-law 2019-051 (CRoZBY) proposes a visitor parking rate of 10 percent. A rate that is applied generally throughout the City. The intent of the By-law is to ensure an adequate amount of on-site visitor parking is being provided. The rate being proposed is 6 percent for a total of 16 spaces. 23 spaces would be required under the new Zoning By-law. The intent of the reduction is to minimize the amount of asphalt area in order to preserve existing trees and to maximize the amount of land available for amenity and open space in order to create a buffer for those existing residential properties located on Ellen Street that back onto this development. Given the location of this development to the downtown and ION, and a desire to balance the parking with urban design objectives, staff is satisfied that a reduction is appropriate for this location. Moreover, there is on -street parking available along this section of Margaret Avenue. Further to discussions with the applicant in which staff requested the applicant to provide more visitor parking spaces, the applicant has obliged by increasing the visitor parking ratio from 6 to 8 percent. This move increases visitor parking from 16 to 24 spaces. The additional 8 spaces are being allocated in the underground parking structure. Staff supports this change as it brings the ratio closer to the 10 percent under By-law 2019-051 (under appeal). Consequently, the applicant has requested to revise his variance request and ask for an 8 percent visitor parking rate instead of the required 20 percent under By-law 85-1. Staff is of the opinion that providing 8 percent of the required parking for visitor parking generally meets the intent of the Zoning By-law. 3. Are the variances minor? The proposed variance to increase the maximum number of permitted units from 210 to 234, is minor and represents an increase of 24 units due to the reconfiguration of the internal building space to provide smaller unit sizes. Smaller units are being offered to provide a greater mixture Staff Repod Development Services Department 1 K�R TIN+_ K www.kitchener. ca and variety of unit sizes. Building height and massing are not being increased. As a result, staff has no concerns with the proposed increase from 210 to 234. The proposed variance to provide parking at a rate of 1.12 spaces/ unit (262 spaces proposed) for a medium density development, will provide for sufficient parking for the residential use, and will not have negative impacts on abutting residential lands. Additionally, the proposed development still provides parking at a rate in excess of 1.1 spaces/ unit that By-law 2019-051 (CRoZBy) (under appeal). An 8 percent visitor parking rate is appropriate for this location given proximity to ION, a desire to balance the amount of surface parking with amenity space and buffer needed to separate the proposed development from adjacent low rise residential lands and direction of By-law 2019-051 (under appeal). In staffs opinion, the parking reduction is minor given the overall direction of City parking policy to reduce parking in all zones combined with the location of the subject lands to higher order public transit and a desire to minimize surface parking in favour of more amenity space and lands available to buffer those homes that back onto this development. 4. Are the variances appropriate for the development of the lands? The variances are appropriate for the development and use of the land for the following reasons. The proposed variances will implement an infill site development of a mid -rise, multiple residential dwelling building that is permitted and envisioned for this site under the land use designation and zoning, has been designed to be compatible with the surrounding area and achieves a higher level of urban design, provides a variety of unit sizes, and encourages use of public transit through providing an appropriate balance of parking with a desire for more amenity space and buffer lands to enhance compatibility. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: It should be noted that as part of Transportation Services support of this application, justification was submitted by Paradigm (March 2019). As part of their justification for reduced vehicle parking, a TDM checklist was included, the checklist notes 84 bicycle parking spaces. However, to achieve the proposed 262 on-site vehicle parking spaces, a total of 145 indoor secure bicycle parking space be provided on-site. This equates to an additional 61 indoor secure bicycle parking spaces should be provided on-site. Engineering Comments: No concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with the proposed minor variances. The property municipally addressed as 30-40 Margaret Avenue is designated under Part V of the Ontario Heritage Act and located within the Civic Centre Neighbourhood Heritage Conservation District. A Heritage Permit Application has been submitted for the construction of two joined 6 storey multiple residential buildings. Staff Report Development Services Department Environmental Planning Comments: No natural heritage concerns. Operations (parks) RECOMMENDATION: www1itchener.ca That Application A2019-191 seeking relief to 551R of By-law 85-1 in order to permit: a maximum residential unit count of 234 rather than 210; a parking rate of 1.12 spaces per dwelling unit (262 spaces) whereas 1.25 spaces per dwelling unit (293) is required; and a visitor parking rate of 8 percent (24 spaces) whereas 20 percent (59 spaces) is required, BE APPROVED, subject to the following conditions: That Site Plan Application (SP19/040/M/JVW) receive full and final approval to the satisfaction of the Manager of Site Development and Customer Service. 2. That the Owner agrees to provide 61 additional bicycle spaces as per the TDM Checklist to the satisfaction of the Director of Transportation. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo August 01, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on August 20, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-083 — 103 Simeon Street — No Concerns. 2. A 2019-084 — 360 Louisa Street — No Concerns. 3. A 2019-085 — 6 Robert Peel Road — No Concerns. 4. A 2019-086 — 8-258 Edgewater Crescent — No Concerns. 5. A 2019-087 — 119 St. George Street — No Concerns. 6. A 2019-088 — 915 Chapel Hill Court — No Concerns. 7. A 2019-089 — 19 Netherwood Road — No Concerns. 8. A 2019-090— 30 to 40 Margaret Avenue — No Concerns. 9. A 2019-091— 47 Heiman Street — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Document Number: 3066911 Page 1 of 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 0 �J I�[7r R www.kitchener. ca Committee of Adjustment August 20th, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Eric Schneider, Junior Planner - 519-741-2200 ext. 7843 10 August 12th, 2019 DSD -19-200 APPLICATION #: B2019-055 119 Waterloo Street Applicant: Raj Rai Approve with conditions Location Map: 119 Waterloo Street 0 Proposed lot fabrics REPORT Planning Comments: The subject property is zoned Residential Five Zone (R-5) in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property currently contains a semi-detached dwelling under construction. The existing development of the neighbourhood consists of single detached, semi-detached, and multiple dwellings. 2 o I f r. LO y I" i pp s®oF ED O4 x. 1,45 +m - f4RCM PORCH r, MUN: NO. 1 15 R00FE6 PoRCN L �GhNRil I A$f 11 !� { JI I II,LJ r � I PROPOSEDFOLNDAT10k I ISENI- `OFTA�HEgJ - 4 1.25 i DECK i DECK i - 1. 3101 J C 'J L) E [f1 e L o _r 0 L_ Z 0 o SkD. u, 00 Z Q ay LID Lkl V- J . 4 v 7 4 yl l'kE�' UTILITY PME Ld L d Z ` L01 � ©7 f � 4 �4, W is i[NG` J� I � V ,Y Proposed lot fabrics REPORT Planning Comments: The subject property is zoned Residential Five Zone (R-5) in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property currently contains a semi-detached dwelling under construction. The existing development of the neighbourhood consists of single detached, semi-detached, and multiple dwellings. 2 The Owner is requesting permission to sever the subject lands into two lots to allow separate ownership of each semi-detached unit. The severed lot would have a lot width of 8.01 metres, a depth of 44.4 metres, and an area of 347 square metres. The retained lot would have a lot width of 8.35 metres, a depth of 44.6 metres, and an area of 352.5 square metres. City Planning staff conducted a site inspection of the 4 f 31St, 2019. Semi-detached dwelling under construction at 119 Waterloo Street (July 31, 2019) With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. The proposed lots conform to the Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Consent Application B2019-055, requesting consent to sever the subject property into two lots to allow separate ownership of 3 each semi-detached unit be approved, subject to the conditions listed in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Heritage Comments: Heritage Planning staff has reviewed the severance application and has no concerns. Please note that the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 119 Waterloo Street is located within the Mt. Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building/demolition permit will be issued. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Christine Goulet (519-741-2200 ext. 7820). Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as a new development lot will be created. The cash -in -lieu dedication required is $3,684.60. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (8.01 m) at a land value of $9,200 per frontage meter. RECOMMENDATION: That Application B2019-055 requesting consent to sever the subject property into two lots 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 pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,684.60. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy 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. 4. That the Owner make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 6. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner 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. 8. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the Owner shall prepare a Tree Management Plan for both the severed and retained lands in accordance with the City's Tree Management policy, to be 5 approved by the City's Director of Planning and where necessary, implemented prior to demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 10. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Eric Schneider, BES Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner L Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 D20-20/19 KIT August 7, 2019 Re: Comments for Consent Application B2019-055 through B2019-057 Committee of Adjustment Hearing August 20, 2019 CITY OF KITCHENER B2019-055 119 Waterloo Street Rajesh and Rupa Marwah The owner/applicant is proposing a lot severance to permit the construction of semi- detached dwellings. Regional Comments: Fee: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new lot. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-056 1000 Victoria Street North Dillon Consulting Limited The owner/applicant is proposing a lease greater than 21 years. Regional Staff has no objection to the application. Document Number: 3073055 Version: 1 B2019-057 45 and 47 Heiman Street 2645826 Ontario Inc. The owner/applicant is proposing a severance to allow for semi-detached dwellings. Regional Comments: Fee: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new lot. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Other: Regional staff advises there are no airport specific comments for the above applications. However, the owner/applicant is advised that these lands fall under the Region of Waterloo International Airport Zoning Regulated Area. The subject residents may be subject to presence and noise of flying aircraft. For any further information please contact Kevin Campbell @ 519-648-2256 x8511 Email: KCampbell(a)regionofwaterloo.ca Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, 4���_✓_ Matthew Colley Planner Document Number: 3073055 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Report Development Services Department wAl—�R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: August 14, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner— 519-741-2200 ext.7987 WARD: #1 DATE OF REPORT: August 14, 2019 REPORT #: DSD -19-201 SUBJECT: B2019-056 — 1000 Victoria Street North Owner — 132450 Ontario Inc, 1324248 Ontario Inc. & Glenang Inc.. Approve with Conditions REPORT Planning Comments: The owner of the subject lands, is requesting consent for a lease in excess of 21 years for the Tim Horton's restaurant currently located on the subject site. The applicant has indicated that the lease will only apply to the restaurant building. No changes are proposed to the existing site layout at this time. Approval of the consent would permit the lease of the building to TDL Group for a period of time in excess of 21 years. The original lease was for a period of 20 years, and was executed in 1998, and is now proposed to be further extended. PHOTO: 1000 Victoria Street North (photo taken July 30, 2019) *** This information is availaUo formats upon request. *** Please call 519-741-2345 or TT'. 1-866-969-9994 for assistance. The subject lands are designated Commercial and are located in an Urban Corridor. The property is zoned Service Industrial Zone (M-3) in By-law 85-1 and COM -2 (108) in the By-law 2019-051. The existing use as a restaurant with a drive-through is permitted, and the existing building complies with zoning. Staff has observed that the overall site layout generally continues to comply with the approved site plan, however it appears that the barrier free spaces differ from the approved plan (despite complying with current by-law regulations), and the striping of the spaces along the carpet store has faded significantly. Prior to endorsement of the deed, staff recommend that the owner be required to apply for a minor change to the approved site plan to document the adjusted parking layout and to restripe the parking lot so that it conforms to the approved site plan. Staff also note that an easement is registered over adjacent lands to provide for the existing drive-through. As the lease is only proposed to apply to the building, staff is of the opinion that the terms of easement agreement are separate from the lease currently being considered. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that a lease in excess of 21 years is desirable, appropriate, suitable. The consent is not considered to be premature or pre -determining the outcome of future planning processes. Staff is of the opinion that the proposed development conforms to the Official Plan, and is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that the application be approved, subject to conditions. Building Comments: No objections. Traffic Comments: No concerns. Engineering Comments: No concerns. RECOMMENDATION That application B2019-056 for consent for a lease in excess of 21 years in favour of The TDL Group, for the Tim Horton's restaurant at 1000 Victoria Street North, 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), if required by the City Clerk. 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 restripe the parking lot to comply with the approved site plan to the satisfaction of the City's Manager of Development Review, prior to endorsement of the deed. Katie Anderl, MCI P, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 D20-20/19 KIT August 7, 2019 Re: Comments for Consent Application B2019-055 through B2019-057 Committee of Adjustment Hearing August 20, 2019 CITY OF KITCHENER B2019-055 119 Waterloo Street Rajesh and Rupa Marwah The owner/applicant is proposing a lot severance to permit the construction of semi- detached dwellings. Regional Comments: Fee: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new lot. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-056 1000 Victoria Street North Dillon Consulting Limited The owner/applicant is proposing a lease greater than 21 years. Regional Staff has no objection to the application. Document Number: 3073055 Version: 1 B2019-057 45 and 47 Heiman Street 2645826 Ontario Inc. The owner/applicant is proposing a severance to allow for semi-detached dwellings. Regional Comments: Fee: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new lot. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Other: Regional staff advises there are no airport specific comments for the above applications. However, the owner/applicant is advised that these lands fall under the Region of Waterloo International Airport Zoning Regulated Area. The subject residents may be subject to presence and noise of flying aircraft. For any further information please contact Kevin Campbell @ 519-648-2256 x8511 Email: KCampbell(a)regionofwaterloo.ca Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, 4���_✓_ Matthew Colley Planner Document Number: 3073055 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority Staff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: AOL.,& J wR www.kitchener. ca Committee of Adjustment August 20th, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Eric Schneider, Junior Planner - 519-741-2200 ext. 7843 9 August 12th, 2019 DSD -19-202 APPLICATION #: A2019-091 & B2019-057 45 & 47 Heiman Street Applicant: Ned Krayishnik Approve with conditions Location Map: 45 & 47 Heiman Street HEIMAN S r- - - - - - - - - - - N50'42'55"F Proposed lot fabrics REPORT Planning Comments: The subject property is zoned Residential Six Zone (R-6) in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property currently contains a semi-detached dwelling under construction. The existing development of the neighbourhood consists of single detached, semi-detached, and multiple dwellings. 2 City Planning staff conducted a site inspection of the property on July 17th, 2019. Minor Variance The owner is requesting relief from section 40.2.3 of the Zoning By-law to allow for a semi- detached dwelling to be on a lot with a width of 12.1 metres rather than the required 12.5 metres. General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The Official Plan encourages redevelopment that provides for an appropriate range, variety and mix of housing types to satisfy the varying housing needs of the community. The reduction in lot width allows for a variety of housing types to suit the needs of the community. General Intent of the Zoning By-law The requested variance meets the general intent of the Zoning By-law. The intent of the minimum lot width for corner lot properties is to ensure that adequate amenity space is provided, corner visibility is sufficient, and space for vehicle storage is provided. Staff has reviewed the proposed layout and is satisfied that the aforementioned considerations can be met. The lot has considerable amenity space both behind the dwelling, as well as in the side yard between the dwelling and Kehl Street. Visibility is maintained as there are no building projections into the Corner Visibility Triangle. Finally, vehicle storage is provided adequately with a driveway coming off of Kehl Street. Therefore, the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? The requested variance for reduction in lot width is appropriate for the neighbourhood. Compact lots are prevalent in the neighbourhood and the proposed lot will meet the character of the neighbourhood and is therefore considered appropriate. Is the Variance Minor? The requested reduction in lot width is just 0.4 metres and is considered minor. Staff does not expect any adverse impacts from the minor reduction. Consent to Sever The Owner is requesting permission to sever the subject lands into two lots to allow separate ownership of each semi-detached unit. The severed lot would have a lot width of 11.3 metres, a depth of 26.8 metres, and an area of 235 square metres. The retained lot would have a lot width of 12.1 metres, a depth of 26.8 metres, and an area of 364 square metres. 3 Semi-detached dwelling under construction at 45-47 Heiman Street (July 17, 2019) With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. The proposed lots conform to the 2014 Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Minor Variance Application A2019-091 and Consent Application B2019-057, requesting a reduction in lot width and consent to sever the subject property into two lots to allow separate ownership of each semi-detached unit be approved, subject to the conditions listed in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Heritage Comments: No Heritage Planning Concerns. Environmental Planning Comments: A Tree management plan was approved and registered on title in a previous consent application made in 2018. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Christine Goulet (519-741-2200 ext. 7820). Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Please note that servicing plans and required funds have already been taken and an offsite works permit issued. (004-2019) Engineering does not require anything else to be submitted for this application and will sign off on the conditions. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as a new development lot will be created. The cash -in -lieu dedication required is $5,198.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (11.3m) at a land value of $9,200 per frontage meter. RECOMMENDATION: That Application A2019-091 & B2019-055 requesting permission for a semi-detached dwelling on a corner lot having a lot width of 12.1 metres rather than the required 12.5 metres and consent to sever the subject property into two lots be approved, subject to the following conditions: 5 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 pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $5,198.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy 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. 4. That the Owner make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 6. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner 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. 8. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Eric Schneider, BES Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner L Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 D20-20/19 KIT August 7, 2019 Re: Comments for Consent Application B2019-055 through B2019-057 Committee of Adjustment Hearing August 20, 2019 CITY OF KITCHENER B2019-055 119 Waterloo Street Rajesh and Rupa Marwah The owner/applicant is proposing a lot severance to permit the construction of semi- detached dwellings. Regional Comments: Fee: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new lot. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-056 1000 Victoria Street North Dillon Consulting Limited The owner/applicant is proposing a lease greater than 21 years. Regional Staff has no objection to the application. Document Number: 3073055 Version: 1 B2019-057 45 and 47 Heiman Street 2645826 Ontario Inc. The owner/applicant is proposing a severance to allow for semi-detached dwellings. Regional Comments: Fee: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new lot. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Other: Regional staff advises there are no airport specific comments for the above applications. However, the owner/applicant is advised that these lands fall under the Region of Waterloo International Airport Zoning Regulated Area. The subject residents may be subject to presence and noise of flying aircraft. For any further information please contact Kevin Campbell @ 519-648-2256 x8511 Email: KCampbell(a)regionofwaterloo.ca Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, 4���_✓_ Matthew Colley Planner Document Number: 3073055 Version: 1 Region of Waterloo August 01, 2019 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on August 20, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-083 — 103 Simeon Street — No Concerns. 2. A 2019-084 — 360 Louisa Street — No Concerns. 3. A 2019-085 — 6 Robert Peel Road — No Concerns. 4. A 2019-086 — 8-258 Edgewater Crescent — No Concerns. 5. A 2019-087 — 119 St. George Street — No Concerns. 6. A 2019-088 — 915 Chapel Hill Court — No Concerns. 7. A 2019-089 — 19 Netherwood Road — No Concerns. 8. A 2019-090— 30 to 40 Margaret Avenue — No Concerns. 9. A 2019-091— 47 Heiman Street — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Document Number: 3066911 Page 1 of 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority