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HomeMy WebLinkAboutCA - 2019-08-20COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:01 a.m. Present: Mr. B. McColl -Vice Chair Ms. J. Meader Mr. M. Kidd Mr. S. Hannah Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Mr. G. Stevenson, Planner Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the regular minutes of the Committee of Adjustment meeting held July 16, 2019, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE APPLICATION: 1. 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 Appearances: In Support: S. Patterson S. O'Neill Contra: J. Guzzi Written Submissions: H. Jaeger S. Ahn, Shuh Cline & Grossman LLP The Committee was advised the applicant is requesting permission to convert an existing office/residential dwelling to a mixed-use 21 -storey, 126 -unit multi -residential dwelling having 0 off- street parking spaces rather than the required 87 off-street parking spaces required by Zoning By- law 85-1. The proposed Comprehensive Review of the Zoning By-law (CRoZBy) currently under review would require 0 off-street parking spaces for the proposed redevelopment. The Committee considered Development Services Department report DSD -19-191 dated August 9, 2019, recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 1, 2019, advising they have no concerns with this application. Messrs. S. Patterson and S. O'Neill were in attendance in support of the subject application and staff recommendation. Mr. Patterson advised since the Committee's deferral at the May 21, 2019 Committee of Adjustment meeting, the applicant has amended their proposed design to reduce the size of the dwelling units to a maximum of 51 sq. m., which reduced their parking requirement from 87 off-street parking spaces to 23 off-street parking spaces. He further advised the new Zoning By-law supports the variance to provide 0 off-street parking spaces. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20. 2019 -201- CITY OF KITCHENER i��1•T511�r•Ti1�t:7i�_��iy�ai�7i7NZ.7iiiC Mr. J. Guzzi, Dillon Consulting, addressed the Committee on behalf of the neighbouring property owner of 17 Weber Street West, the law firm of Shuh Cline & Grossman LLP, in opposition to the subject application. He stated in his opinion, the application does not meet the four tests for a minor variance. He expressed concerns with overflow parking, lack of barrier -free parking spaces, size of the proposed development in relation to the site, incorporation of the heritage dwelling, and possible adverse impacts related to shadowing. He further advised the new Zoning By-law 2019-051 is under appeal and should not be used to provide guidance on the proposed development as the regulations contained within may be amended. Mr. Guzzi stated in his opinion, the application is not in keeping with the intent of the Zoning By-law. In response to questions, Mr. Guzzi advised his clients have filed an appeal against Zoning By-law 2019-051. In response to questions, Mr. Patterson advised he would not object to an additional condition being included in the Committee's decision this date restricting the dwelling units to a maximum of 51 sq. m. in size. Questions were raised regarding the regulations of Zoning By-law 85-1 in comparison to the regulations outlined in the new Zoning By-law for the subject property. Mr. G. Stevenson advised under By-law 85-1 the applicant would be permitted 12 storeys. He stated under the new By-law currently under appeal, the applicant would be permitted 6 storeys with the opportunity to have additional storeys through bonusing provisions. He indicated since By-law 2019-051 is under appeal, staff are further reviewing the proposed height regulations for the subject property. In response to questions, he advised the subject application is wholly a variance request for the regulations of Zoning By-law 85-1, which is in current force and effect. He indicated if By-law 2019-051 was not appealed, the property would be in full compliance with Zoning regulations. In response to questions, Mr. Stevenson advised three appeals have been filed against the new Zoning By-law 2019-051, noting he was unable to provide information on the nature of the appeals. Questions were raised regarding comments related to barrier -free parking. Mr. Stevenson advised where there are restrictions to barrier -free parking, through the Site Plan Approval process, spaces are typically identified in the right-of-way. He stated there is a similar situation at the Waterloo Region Courthouse where barrier -free spaces were provided in the right-of-way and are enforced by the City's By-law Enforcement Division. He further advised the applicant is still subject to the Site Plan approval process. Mr. S. Hannah stated he was in support of the subject application pending a condition being imposed restricting the dwelling units to a maximum of 51 sq.m. in size. He stated following the Committee's deferral at the May 21, 2019 Committee of Adjustment meeting, as requested the applicant delayed reappearing until Council rendered a decision on the new Zoning By-law. He indicated if the By-law was not appealed, the subject property would have been in compliance with the new By-law. He further advised the applicant has also amended their design to reduce the size of the dwelling units, reducing their demand on parking. He stated for those reasons he was in support of the subject application. A motion was brought forward by Mr. S. Hannah to approve the recommendation as outlined in the Report, including a condition that the proposed dwelling units can not exceed a maximum of 51 sq.m. in size, which was seconded by Mr. M. Kidd. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of KIAH GROUP INC. requesting permission to construct a 21 -storey mixed- use building having 0 off-street parking spaces rather than the required 23 off-street parking spaces, on Part Lot 11, Registered Plan 401, West of Weber Street East, 149-151 Ontario Street North/21 Weber Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive full site plan approval for a mixed use building, which includes the following bicycle parking configuration: COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -202- CITY OF KITCHENER Submission No.: A 2019-050 (Cont'd) A minimum of 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 six (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. 2. That approval of Minor Variance Application A 2019-050 is subject to a maximum dwelling unit size of 51 sq. m. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: Submission No.: A 2019-083 Applicants: Devon and Meredith Wagler Property Location: 103 Simeon Street Legal Description: Part Lots 106 & 109, Simeon Brubacher's Survey, Registered Plan 414 Appearances: In Support: D. Wagler Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD -19-192 dated August 9, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 1, 2019, advising they have no concerns with this application. Mr. D. Wagler was in attendance in support of the subject application and staff recommendation. Mr. S. Hannah requested, and it was agreed, that the Committee's decision this date specify the proposed addition be limited to one storey in height. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -203- CITY OF KITCHENER 1. Submission No.: A 2019-083 (Cont'd) Moved by Mr. S. Hannah Seconded by Ms. J. Meader That the application of DEVON and MEREDITH WAGLER requesting permission to construct a one -storey 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, on Part Lots 106 & 109, Simeon Brubacher's Survey, Registered Plan 414, 103 Simeon Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 2. Submission No.: A 2019-084 Applicants: Matthew Schryer and Renee Meier Property Location: 360 Louisa Street Legal Description: Part Block 1, Registered Plan 58M-585, being Parts 6 & 16 on Reference Plan 58R-18910 Appearances: In Support: E. Mrzljak Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to legalize a deck in the rear yard of an existing townhouse dwelling having a rear yard setback of 5.91 m ratherthan 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. The Committee considered Development Services Department report DSD -19-193 dated August 9, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 1, 2019, advising they have no concerns with this application. Mr. E. Mrzljak was in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of MATTHEW SCHRYER and RENEE MEIER requesting permission to legalize a deck in the rear yard of an existing townhouse dwelling having a rear yard setback of 5.91 m rather than the required 6m; and, a setback of 2.7m for a covered deck exceeding 0.6m in height rather than the required 4m setback, on Part Block 1, Registered Plan 58M-585, being Parts 6 & 16 on Reference Plan 58R-18910, 360 Louisa Street, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -204- CITY OF KITCHENER 2. Submission No.: A 2019-084 (Cont'd) It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 3. Submission No.: A 2019-085 Applicants: Lucas and Aneta Sokolowski Property Location: 6 Robert Peel Road Legal Description: Part Block 2, Registered Plan 58M-561, being Parts 3, 89 & 79 on Reference Plan 58R-18519 Appearances: In Support: E. Mrzljak Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD -19-194 dated August 12, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 1, 2019, advising they have no concerns with this application. Mr. E. Mrzljak was in attendance in support of the subject application and staff recommendation. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of LUKASZ and ANETA SOKOLOWSKI requesting 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, on Part Block 2, Registered Plan 58M-561, being Parts 3, 89 & 79 on Reference Plan 58R-18519, 6 Robert Peel Road, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20. 2019 -205- CITY OF KITCHENER C�*Vl11Tr_r1 1 0156 0128yE01811971rrd lIre Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 4. Submission No.: A 2019-086 Applicants: Werner and Carmen Leuschner Property Location: 258 Edgewater Crescent, Unit 8 Legal Description: Level 1, Waterloo Condominium Plan 483, Unit 13 Appearances: In Support: W. Leuschner Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD -19-195 dated August 8, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 1, 2019, advising they have no concerns with this application. Mr. W. Leuschner was in attendance in support of the subject application and staff recommendation. He provided a brief overview of the application, noting his intentions are to enclose the existing patio. He further advised the patio was in existence when he purchased the property, noting the existing setback is 0.37m from the lot line. In response to questions, Ms. J. von Westerholt stated she was unsure this date if the Walter Bean Trail is located through the greenspace at rear of the subject property, noting it is unlikely that area would be developed in the future. In response to questions related to Building Code requirements, Ms. von Westerholt advised the Building Division was provided the subject application and they indicated no concerns with the application. The Chair requested, and it was agreed, that a condition be included in the Committee's decision this date requiring the owner to apply for a building permit to the satisfaction of the Chief Building Official. Ms. J. Meader stated there are no concerns related to side yard setbacks and the proposed 1ft setback from the rear lot line should provide sufficient space for maintenance, adding she had no objections to the subject application. Mr. S. Hannah further suggested, and the Committee agreed, that a second condition be included in the Committee's decision this date stating that the proposed sunroom could not extend beyond the second storey deck. Mr. Leuschner expressed concerns regarding the proposed condition requiring a building permit. He stated he had spoken to the Building Division regarding his proposal and they advised a building permit would not be required. The Chair indicated if a building permit was not required, it would not be an onerous condition to clear. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -206- CITY OF KITCHENER Submission No.: A 2019-086 (Cont'd) Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of WERNER and CARMEN LEUSCHNER requesting permission to construct a 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, on Level 1, Waterloo Condominium Plan 483, Unit 13, 258 Edgewater Crescent, Unit 8, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. 2. That the owner shall ensure the sunroom addition does not extended beyond the existing second storey deck. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 5. Submission No.: A 2019-087 Applicant: Jeannette McNamara Property Location: 119 St. George Street Legal Description: Part Lot 15, Plan 390 Appearances: In Support: J. and N. McNamara Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-196 dated August 12, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 1, 2019, advising they have no concerns with this application. Ms. J. McNamara and Mr. N. McNamara were in attendance in support of the subject application and staff recommendation. The Chair requested, and it was agreed, that a condition be included in the Committee's decision this date requiring the owner to apply for a building permit to the satisfaction of the Chief Building Official. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -207- CITY OF KITCHENER 5. Submission No.: A 2019-087 (Cont'd) Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of JEANNETTE MCNAMARA requesting 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, on Part Lot 15, Plan 390, 119 St. George Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 6. Submission No.: A 2019-088 Applicant: Crescent Haven Homes Inc. Property Location: 915 Chapel Hill Court Legal Description: Lot 25, Registered Plan 58M-630 Appearances: In Support: A. Sinclair Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling on an irregular-shaped lot having a driveway located 4.41m from the corner lot line rather than the required 9m. The Committee considered Development Services Department report DSD -19-188 dated August 8, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 1, 2019, advising they have no concerns with this application. Ms. A. Sinclair was in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of CRESCENT HAVEN HOMES INC. requesting 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, on Lot 25, Registered Plan 58M-630, 915 Chapel Hill Court, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -208- CITY OF KITCHENER 6. Submission No.: A 2019-088 (Cont'd) It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2019-089 Applicants: Aldo Albarello Bolivar and Ingrid Silvana Astorquiza Property Location: 19 Netherwood Road Legal Description: Lot 53, Registered Plan 58M-558 Appearances: In Support: A. Albarello Bolivar K. Ryan Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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%. The Committee considered Development Services Department report DSD -19-198 dated August 9, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 1, 2019, advising they have no concerns with this application. Messrs. A. Albarello Bolivar and K. Ryan were in attendance in support of the subject application and staff recommendation. In response to questions, Mr. Ryan advised the proposed addition would match the side yard setback of the dwelling, indicating it is located 1.21 m from the lot line. The Chair requested, and it was agreed, that a condition be included in the Committee's decision this date requiring the owner to apply for a building permit to the satisfaction of the Chief Building Official. Moved by Mr. M. Kidd Seconded by Ms. J. Meader That the application of ALDO ALBARELLO BOLIVAR and INGRID SILVANA ASTORQUIZA requesting 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, on Lot 53, Registered Plan 58M-558, 19 Netherwood Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -209- CITY OF KITCHENER Submission No.: A 2019-089 It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 8. Submission No.: A 2019-090 Applicant: Activa Holdings Inc. Property Location: 30-40 Margaret Avenue Legal Description: Lots 193-198 & 211-213 and Part Lots 199-203 & 214-218, Registered Plan 374 Ms. J. Meader declared a pecuniary interest with this application as she has previously represented the applicant. As such, she did not participate in any discussion or voting with respect to this application and left the meeting at this time. Appearances: In Support: P. Chauvin P. Britton A. Sumner Contra: A. Holmes J. Harms C. Kellett D. Brogee D. Kuehl Written Submissions: None The Committee was advised the applicant is requesting 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). The Committee considered Development Services Department report DSD -19-199 dated August 9, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 1, 2019, advising they have no concerns with this application. Messrs. P. Chauvin, P. Britton and A. Sumner were in attendance in support of the subject application and staff recommendation. Mr. Chauvin advised the proposed development has gone through extensive public consultation and has received unanimous approval from Heritage Kitchener on a Heritage Permit Application. He stated the Special Regulation Zoning on the subject property was intended for a previous development that did not proceed. He indicated the proposed development meets all of the requirements outlined in the Special Regulation, save and except for the number of dwelling units. He noted the proposed design has a greater Floor COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20. 2019 -210- CITY OF KITCHENER Space Ratio (FSR) than what was previously contemplated. Mr. Chauvin further advised in regards to the parking variances, a Parking Justification Study has been completed for the development, which includes Transportation Demand Management (TDM) measures and unbundled parking. He indicated the site is walkable and within the vicinity of Grand River Transit bus routes as well as the new ION station. He stated the applicant was able to reduce the variance request for visitor parking spaces as they have identified 8 additional visitor parking spaces since the application was submitted, commenting that the development has higher visitor parking rates than other properties within the vicinity. Messrs. A. Holmes and J. Harms, Ms. C. Kellett and Ms. D. Brogee addressed the Committee in opposition to the subject application. They expressed concerns with increased vehicle traffic on Margaret Avenue, lack of visitor parking, lack of on -street parking, and increased vehicle pollution. Ms. D. Kuehl stated that while she is not in opposition to the proposed development, she expressed concerns with increased traffic and on -street parking issues. She indicated further concerns with comments contained within the staff report regarding the Central Frederick Secondary Plan, stating it was her belief that the property was located within the Civic Centre Secondary Plan. She also expressed concerns regarding the Report, noting the property is also located within the Civic Centre Neighbourhood Hertiage Conservation District, which was given minimal consideration. Ms. J. von Westerholt acknowledged the comments regarding the Secondary Plan, stating it was a clerical error, noting the Report should have indicated the Civic Centre Secondary Plan. She further advised the report did not speak to the heritage requirements regarding the property as the matter before the Committee this date is Zoning related and the development was subject to a separate heritage approval process. In response to the concerns related to increased traffic, Mr. D. Seller advised Margaret Avenue has a capacity for 5,000 vehicles daily, stating the traffic counts for both morning and afternoon hours do not exceed 500 vehicles. Questions were raised regarding the location of the 8 additional visitor parking spaces. Mr. Chauvin advised they would be located within the underground parking garage. In response to further questions, Mr. Chauvin advised the Zoning regulations permit a 21m height building, noting the proposed building is 20m in height. In response to the concerns raised by the neighbouring property owners, Mr. Britton advised the site is in close proximity to both Grand River Transit routes as well as the ION. He indicated a traffic impact study was completed, which also took into consideration the new development proposed by Vive Development in close proximity to the subject property and Margaret Avenue having the capacity to address the increased traffic levels. He indicated the only concern raised at that time was the driveway entrance in relation to Maynard Avenue and the entrance was shifted to address that concern. Ms. J. von Westerholt advised the proposed development has gone through extensive public consultation. In response to further questions, Ms. J. von Westerholt advised the proposed parking rates for the development are in compliance with the new By-law and if Zoning By -2019- 051 was in force and effect the application would not require a parking variance. Mr. S. Hannah advised he was in support of the subject application. He indicated the proposed development has received Site Plan Approval in Principle, which means staff have reviewed all aspects of the development and it will be fully functional when constructed. He further advised it has also received the required heritage approvals and was fully supported through that process as well. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -211- CITY OF KITCHENER 8. Submission No.: A 2019-090 (Cont'd) That the application of ACTIVA HOLDINGS INC. requesting 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 24 off-street visitor parking spaces (8% of the total required spaces) rather than the required 59 off-street visitor parking spaces (20% of the total required spaces), on Lots 193-198 & 211-213 and Part Lots 199-203 & 214-218, Registered Plan 374, 30-40 Margaret Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall ensure Site Plan Application (SP19/040/M/JVW) receives full and final approval to the satisfaction of the Manager of Site Development and Customer Service. 2. That the owner shall agree to provide 61 additional bicycle spaces as per the TDM Checklist to the satisfaction of the Director of Transportation. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried CONSENT APPLICATIONS Submission No.: B 2019-055 Applicants: Rajesh and Rupa Marwah Property Location: 119 Waterloo Street Legal Description: Part Lots 2, 3, 22 & 23, Registered Plan 428 Appearances: In Support: R. Marwah R. Rai Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 8.01m, 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. The Committee considered Development Services Department report DSD -19-200 dated August 12, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated August 7, 2019, advising they have no objection to this application, subject to the following condition: COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -212- CITY OF KITCHENER 1. Submission No.: B 2019-055 (Cont'd) 1. That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Messrs. R. Marwah and R. Rai were in attendance in support of the subject application and staff recommendation. At the request of Ms. D. Saunderson, the Committee agreed to amend Condition 3 of the staff recommendation regarding the reference plan, to require the applicant to provide two full size paper copies of the reference plan, rather than the one requested. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of RAJESH and RUPA MARWAH requesting permission to sever a parcel of land having a width of 8.01 m, a depth of 44.463m and an area of 347 sq. m., on Part Lots 2, 3, 22 & 23, Registered Plan 428, 119 Waterloo Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,684.60. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways are built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a complete Development 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 shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner shall prepare a Tree Management Plan for both the severed and retained lands in accordance with the City's Tree Management policy, to be approved by the City's Director of Planning and where necessary, implemented prior to demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -213- CITY OF KITCHENER 1. Submission No.: B 2019-055 (Cont'd) 10. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 20, 2021. Carried 2. Submission No.: B 2019-056 Applicants: 132450 Ontario Inc.; 1324248 Ontario Inc.; and, Glenang Inc. Property Location: 1000 Victoria Street North Legal Description: Part Lot 51, Plan 763, being Parts 3, 4 & 5 on Reference Plan 58R-14655 Appearances: In Support: F. Tamer Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD -19-201 dated August 14, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated August 7, 2019, advising they have no objection to this application. Ms. F. Tamer was in attendance in support of the subject application and staff recommendation. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -214- CITY OF KITCHENER 2. Submission No.: B 2019-056 (Cont'd) That the application of 1324250 ONTARIO INC., 1324248 ONTARIO INC., and GLENANG INC. requesting permission for a lease in excess of 21 years to The TDL Group Corp (Tim Hortons) for the building they occupy including the Drive-thru being approximately 281.5 sq.m, on Part Lot 51, Plan 763, being Parts 3, 4 & 5 on Reference Plan 58R-14655, 1000 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in 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 Secretary Treasurer. 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 re -stripe 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. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 20, 2021. Carried Isle] LVA 1:11LlI:11IL1»I16YA9[07Ll615 Submission Nos.: B 2019-057 & A 2019-091 Applicant: 2645826 Ontario Inc. Property Location: 45 & 47 Heiman Street Legal Description: Subdivision of Lot 18 and Part Lot 44, German Company Tract, being Part 5 on Reference Plan 58R-20182 Appearances: In Support: N. Krayishnik Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -215- CITY OF KITCHENER 1. Submission Nos.: B 2019-057 & A 2019-091 (Cont'd) The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land 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. The Committee considered Development Services Department report DSD -19-202 dated August 12, 2019, recommending approval of these applications, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated August 7, 2019, advising they have no objection to application B 2019- 057, subject to the following condition: 1. That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 1, 2019, advising they have no concerns with application A 2019-091. Mr. N. Krayishnik was in attendance in support of the subject applications and staff recommendations. The Chair requested and the Committee agreed to amend Condition 3 of the staff recommendation regarding the reference plan, requiring the applicant to provide two full size paper copies of the reference plan, rather than the one requested. Submission No.: B 2019-057 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of 2645826 ONTARIO INC. requesting permission to to sever a parcel of land having a width of 11.3m, a depth of 26.8m and an area of 235 sq.m., on Subdivision of Lot 18 and Part Lot 44, German Company Tract, being Part 5 on Reference Plan 58R-20182, 45 & 47 Heiman Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner 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. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways are built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -216- CITY OF KITCHENER 1. Submission Nos.: B 2019-057 & A 2019-091 (Cont'd) 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a complete Development 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 shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 20, 2021. Carried Submission No.: A 2019-091 Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of 2645826 ONTARIO INC. requesting permission for a corner lot for a semi- detached dwelling to have a lot width of 12.1 m rather than the required 12.5m, on Subdivision of Lot 18 and Part Lot 44, German Company Tract, being Part 5 on Reference Plan 58R-20182, 47 Heiman Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES AUGUST 20, 2019 -217- CITY OF KITCHENER Submission Nos.: B 2019-057 & A 2019-091 (Cont'd) Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried ADJOURNMENT On motion, the meeting adjourned at 11:19 a.m. Dated at the City of Kitchener this 20th day of August, 2019. Dianna Saunderson Secretary -Treasurer Committee of Adjustment