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HomeMy WebLinkAboutCA - 2019-09-17COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:02 a.m. Present: Mr. D. Cybalski - Chair Mr. B. McColl Mr. S. Hannah Mr. M. Kidd Officials: Ms. J. von Westerholt, Senior Planner Mr. S. Ryder, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the regular minutes of the Committee of Adjustment meeting held August 20, 2019, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS 1. Submission No.: B 2019-019 Applicant: Alphabet Overland Self Storage Inc. Property Location: 49 Overland Drive Legal Description: Lot 12 and Part Lots 9, 11 & 16, Plan 791, being Parts 3 & 4 on Reference Plan 58R-1275 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land being irregular in shape having an approximate width on Overland Drive of 114m, an approximate depth of 85m and an area of 9,400 sq. m.; permission is also being requested to grant an irregular-shaped easement as outlined on the plan submitted with the subject application over the retained land in favour of the severed land for stormwater management. The retained land will have an approximate width on Overland Drive of 158m, an approximate depth of 139m and an area of 28,735 sq.m. A Self Storage/Warehouse use is proposed forthe severed lot and a Contractor Yard and Stormwater Management Facility is proposed for the retained land. The Committee considered Development Services Department report DSD -19-230 dated September 5, 2019, recommending deferral of this application to the December 10, 2019 Committee of Adjustment meeting to allow time for further dialogue. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated May 14, 2019, advising they have no objection to this application, subject to the following condition: 1. That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated September 9, 2019, recommending refusal of this application as safe access is not available to the area in times of flooding. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17.2019 -219- CITY OF KITCHENER 1. Submission No.: B 2019-019 (Cont'd Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of Alphabet Overland Self Storage Inc. requesting permission to sever a parcel of land being irregular in shape having an approximate width on Overland Drive of 114m, an approximate depth of 85m and an area of 9,400 sq. m.; permission is also being requested to grant an irregular-shaped easement as outlined on the plan submitted with the subject application over the retained land in favour of the severed land for stormwater management, on Lot 12 and Part Lots 9, 11 & 16, Plan 791, being Parts 3 & 4 on Reference Plan 58R-1275, 49 Overland Drive, Kitchener, Ontario, BE DEFERRED to the December 10, 2019 Committee of Adjustment meeting, with the opportunity to reschedule to an earlier date pending the outcome of discussions with the Grand River Conservation Authority (GRCA) regarding their request for safe access. Carried COMBINED APPLICATIONS: 1. Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 Applicant: Novacore (83 Elmsdale Dr.) Inc. Property Location: 83 Elmsdale Drive Legal Description: Part Lots 3 & 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026 Appearances: In Support: S. Code Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever two parcels of land and retain one parcel for future mixed-use development. Permission is also being requested for various easements to facilitate the development. The development is subject to Site Plan approval application SP17/091/E/KA. B 2019-051 & A 2019-082 - Future Parcel 'C' on the plan submitted with the application: Width on Ottawa Street: 14.2m Depth (not including driveway access): 73.7m Area: 1.21 Hectares Permission is also being requested to grant various easements as follows: Easement 3 on the plan submitted with the application in favour of parcels A, B, D and E for access and Parcel D for water; Easement 4 in favour of parcels A, B, D and E for access and Parcel E for water; Easement 5 in favour of Parcel E for access; and, Easement 6 in in favour of parcels A, B, D and E for access; Easement 8 in favour of Parcel D for sanitary. Permission is also being requested for a minor variance on future Parcel 'C' to allow a lot width of 14.2m rather than the required 30m under the Zoning By-law in current force and effect/15m underthe new Zoning By-law currently under appeal. B 2019-052 — Future Parcel 'E' on the plan submitted with the application: Width: 167.8m Depth 66.2m Area: 0.8937 Hectares Permission is also being requested to grant Easement 7 on the plan submitted with the application in favour of Parcels C and D for sanitary services. B 2019-053 - Parcel 'A' on the plan submitted with the application: Permission to grant an easement over Part 5 (Easement 1 approved previously through Consent Applications B 2018-017, B 2018-018 and B 2018-019) to update the servient and dominant lands and confirm the easement and its purpose being for access for Future Parcel 'E'. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -220- CITY OF KITCHENER 1. Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 (Cont'd) B 2019-054 - Parcel 'B' on the plan submitted with the application: Permission to grant an easement over Part 2 (Easement 2 approved previously through Consent Applications B 2018-017, B 2018-018 and B 2018-019) to update the servient and dominant lands and confirm the easement and its purpose being for access in favour of Parcels A, C, D and E; and, for water in favour of Parcel D. Retained Land - Future Parcel 'D' on the plan submitted with the application: Width on Ottawa Street: 83.4m Depth: 66.2m Area: 0.5517 Hectares The Committee considered Development Services Department report DSD -19-225 dated September 17, 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 September 10, 2019, advising they have no objection to applications B 2019-051 to B 2019-054, subject to the following condition: 1. That prior to final approval, the owner/applicant enter into a development agreement with the Region of Waterloo and City of Kitchener to secure the implementation of the sanitary sewer construction in the Ottawa Street South re -construction project. The agreement will include provisions to secure a detailed engineering plan, cost estimate, and bank draft/letter of credit/certified cheque for the sanitary sewer extension to the satisfaction of the Region. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 5, 2019, advising they have no concerns with application A 2019-082. The Committee considered comments from Kitchener -Wilmot Hydro Inc. dated August 29, 2019 requesting a condition be added to the Committee's decision this date requiring a blanket easement on Parcels "A" to "E" as shown on the severance sketch submitted with the application by ACI Survey Consultants dated August 8, 2019, to protect servicing and access rights. The Chair requested, and it was agreed, the easement condition requested by Kitchener Wilmot Hydro Inc. would be added to the Committee's decision this date; and, the Condition related to obtaining a reference plan be amended to indicate two full size paper copies and a PDF version to be provided. Ms. S. Code was in attendance in support of the subject application and staff recommendation. In response to questions, she advised the site contains a holding provision that restricts development until completion of the Record of Site Condition. She further advised the holding provision would prohibit development of the lot identified as "Parcel C" on the plan submitted with the application until the requirements of the noise study have been addressed. Submission No.: B 2019-051 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -221- CITY OF KITCHENER Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 (Cont'd) That the application of NOVACORE (83 ELMSDALE DRIVE) INC. requesting permission to sever a parcel of land identified as Future Parcel 'C' on the plan submitted with the application, having a width on Ottawa Street of 14.2m and an area of 1.22 hectares; and, to grant various easements on lands identified on the plan submitted with the application as follows: Easement 3 for the purpose of access and a fire route in favour of Parcels 'A, B, D & E' and servicing (water) in favour of Parcel 'D'; Easement 4 for the purpose of access and a fire route in favour of Parcels 'A, B, D & E' and servicing (water) in favour of Parcel 'E'; Easement 5 for the purpose of access and a fire route in favour of Parcel 'E' and servicing (water) in favour of Parcel 'E'; Easement 6 for access and a fire route in favour of Parcels 'A, B, D & E'; and, Easement 7 for the purpose of access and a fire route in favour of Parcels 'A, B, D & E' and servicing (sanitary) in favour of Parcel 'D', on Part Lots 3 & 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026, 83 Elmsdale Drive, 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). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall ensure the transfer easement documents required to create the easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and further, b. a clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking is provided to register the approved transfer easements and to immediately thereafter provide copies to the City Solicitor. 5. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services for the removal of any redundant service connections and installation of all new service connections that may be required for the severed and retained lands, and works located within the private roadway. 6. That the owner shall ensure a Servicing Plan is provided showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the City's 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 for the retained lands. 8. That Minor Variance Application A 2019-082 shall receive final approval. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -222- CITY OF KITCHENER Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 (Cont'd) 9. That the owner shall enter into a development agreement with the Region of Waterloo and City of Kitchener, to be prepared by the Region's Solicitor, in consultation with the City of Kitchener, to secure the implementation of the sanitary sewer construction in the Ottawa Street South re -construction project. The agreement will include provisions to secure a detailed engineering plan, cost estimate, and bank draft/letter of credit/certified cheque for the sanitary sewer extension to the satisfaction of the Region in consultation with the City's Director of Engineering Services. 10. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands. Such agreement shall be to the satisfaction of the City Solicitor and shall include the following condition: That prior to occupancy of any buildings on the severed or retained lands the shared private roadway and any services contained within the easements which have been created for these purposes, shall be designed and constructed to the satisfaction of the City's Manager of Site Development and Customer Service, the Director of Engineering Services, and the Chief Fire Official. All costs associated with the private roadway including but not limited to design, construction, and performance securities (to be administered in accordance with sections 4.2, 4.3 and 4.4 of the City's Performance Security Policy) shall be the responsibility of the owner. The private roadway and services contained within the easements may be constructed in phases, and in advance of development of the adjacent parcels, to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering Services. The private roadway design shall be in accordance with, and implement any approved Site Plan for Parcels A, B, C, D and/or E. Prior to construction of any portion of the private roadway and to the satisfaction of the City's Manager of Site Development and Customer Service, Director of Engineering Services and Chief Fire Official, the owner shall agree to submit and receive approval of plans including but not limited to, Private Roadway 'Site' Plan, Grading and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan, Stormwater Management Plan, and Emergency Fire Route Plan. Further, the owner shall agree to implement the approved plans to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering Services. The owner shall acknowledge and agree that should they elect to proceed with the installation of the private roadway or services prior to final Site Plan Approval for Parcels A, B, C, D and/or E, that such works are done at their sole risk and the owner shall agree to indemnify the City with respect to any claim or loss which may occur as a result of such work. The cost of rectifying any works carried out will be the sole responsibility of the owner. 11. That the owner shall grant Kitchener -Wilmot Hydro Inc. blanket easements over Parcel A, Parcel B, Parcel C, Parcel D and Parcel E on ACI Survey Consultants drawing 'Severance Sketch' dated 2019-08-08 to address servicing and access. 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. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -223- CITY OF KITCHENER Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 17, 2021. Carried Submission No.: B 2019-052 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of NOVACORE (83 ELMSDALE DRIVE) INC. requesting permission to sever a parcel of land having a width on Ottawa Street South of 167.8m and an area of 0.89 hectares, identified as Parcel 'E' on the plan submitted with the application, on Part Lots 3 & 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026, 83 Elmsdale Drive, 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). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall ensure the transfer easement documents required to create the easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and further, a clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking is provided to register the approved transfer easements and to immediately thereafter provide copies to the City Solicitor. 5. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services for the removal of any redundant service connections and installation of all new service connections that may be required for the severed and retained lands, and works located within the private roadway. 6. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the City's Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -224- CITY OF KITCHENER Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 (Cont'd) 7. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 8. That Minor Variance Application A 2019-082 shall receive final approval 9. That the owner shall enter into a development agreement with the Region of Waterloo and City of Kitchener, to be prepared by the Region's Solicitor, in consultation with the City of Kitchener, to secure the implementation of the sanitary sewer construction in the Ottawa Street South re -construction project. The agreement will include provisions to secure a detailed engineering plan, cost estimate, and bank draft/letter of credit/certified cheque for the sanitary sewer extension to the satisfaction of the Region in consultation with the City's Director of Engineering Services. 10. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands. Such agreement shall be to the satisfaction of the City Solicitor and shall include the following condition: That prior to occupancy of any buildings on the severed or retained lands the shared private roadway and any services contained within the easements which have been created for these purposes, shall be designed and constructed to the satisfaction of the City's Manager of Site Development and Customer Service, the Director of Engineering Services, and the Chief Fire Official. All costs associated with the private roadway including but not limited to design, construction, and performance securities (to be administered in accordance with sections 4.2, 4.3 and 4.4 of the City's Performance Security Policy) shall be the responsibility of the owner. The private roadway and services contained within the easements may be constructed in phases, and in advance of development of the adjacent parcels, to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering Services. The private roadway design shall be in accordance with, and implement any approved Site Plan for Parcels A, B, C, D and/or E. Prior to construction of any portion of the private roadway and to the satisfaction of the City's Manager of Site Development and Customer Service, Director of Engineering Services and Chief Fire Official, the owner shall agree to submit and receive approval of plans including but not limited to, Private Roadway 'Site' Plan, Grading and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan, Stormwater Management Plan, and Emergency Fire Route Plan. Further, the owner shall agree to implement the approved plans to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering Services. The owner acknowledges and agrees that should they elect to proceed with the installation of the private roadway or services prior to final Site Plan Approval for A, B, C, D and/or E, that such works are done at their sole risk and the owner shall agree to indemnify the City with respect to any claim or loss which may occur as a result of such work. The cost of rectifying any works carried out will be the sole responsibility of the owner. 11. That the owner shall grant Kitchener -Wilmot Hydro Inc. blanket easements over Parcel A, Parcel B, Parcel C, Parcel D and Parcel E on ACI Survey Consultants drawing 'Severance Sketch' dated 2019-08-08 to address servicing and access. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -225- CITY OF KITCHENER Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 (Cont'd) A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 17, 2021. Carried Submission No.: B 2019-053 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of NOVACORE (83 ELMSDALE DRIVE) INC. requesting permission to grant an easement on Parcel 'A' on the plan submitted with the application, identified as Easement 1 (being Parts 5 & 7 on Reference Plan 58R-18985) for the purpose of access and a fire route in favour of Parcels 'B, C, D & E' and servicing (water) in favour of Parcels 'C, D & E', on Part Lots 3 & 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026, 83 Elmsdale Drive, 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). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall ensure the transfer easement documents required to create the easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and further, a clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking is provided to register the approved transfer easements and to immediately thereafter provide copies thereof to the City Solicitor. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17.2019 -226- CITY OF KITCHENER 1. Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 (Cont'd) 5. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services for the removal of any redundant service connections and installation of all new service connections that may be required for the severed and retained lands, and works located within the private roadway. 6. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the City's 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 for the retained lands. 8. That Minor Variance Application A 2019-082 shall receive final approval. 9. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands. Such agreement shall be to the satisfaction of the City Solicitor and shall include the following condition: 1. That prior to occupancy of any buildings on the severed or retained lands the shared private roadway and any services contained within the easements which have been created for these purposes, shall be designed and constructed to the satisfaction of the City's Manager of Site Development and Customer Service, the Director of Engineering Services, and the Chief Fire Official. All costs associated with the private roadway including but not limited to design, construction, and performance securities (to be administered in accordance with sections 4.2, 4.3 and 4.4 of the City's Performance Security Policy) shall be the responsibility of the owner. The private roadway and services contained within the easements may be constructed in phases, and in advance of development of the adjacent parcels, to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering Services. The private roadway design shall be in accordance with, and implement any approved Site Plan for Parcels A, B, C, D and/or E. Prior to construction of any portion of the private roadway and to the satisfaction of the City's Manager of Site Development and Customer Service, Director of Engineering Services and Chief Fire Official, the owner shall agree to submit and receive approval of plans including but not limited to, Private Roadway 'Site' Plan, Grading and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan, Stormwater Management Plan, and Emergency Fire Route Plan. Further, the owner shall agree to implement the approved plans to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering Services. The owner shall acknowledge and agree that should they elect to proceed with the installation of the private roadway or services prior to final Site Plan Approval for A, B, C, D and/or E, that such works are done at their sole risk and the owner shall agree to indemnify the City with respect to any claim or loss which may occur as a result of such work. The cost of rectifying any works carried out will be the sole responsibility of the owner. 10. That the owner shall grant Kitchener -Wilmot Hydro Inc. blanket easements over Parcel A, Parcel B, Parcel C, Parcel D and Parcel E on ACI Survey Consultants drawing 'Severance Sketch' dated 2019-08-08 to address servicing and access. It is the opinion of this Committee that COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -227- CITY OF KITCHENER Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 (Cont'd) A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 17, 2021. Carried Submission No.: B 2019-054 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of NOVACORE (83 ELMSDALE DRIVE) INC. requesting permission to grant an easement on Parcel 'B' on the plan submitted with the application identified as Easement 2 (being Part 2 on Reference Plan 58R-18985) for the purpose of access and a fire route in favour of Parcels'A, C, D & E' and servicing (water) in favour of Parcels'D & E', on Part Lots 3 & 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026, 83 Elmsdale Drive, 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). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall ensure the transfer easement documents required to create the easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and further, a clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking is provided to register the approved transfer easements and to immediately thereafter provide copies thereof to the City Solicitor. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17.2019 -228- CITY OF KITCHENER 1. Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 (Cont'd) 5. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering Services for the removal of any redundant service connections and installation of all new service connections that may be required for the severed and retained lands, and works located within the private roadway. 6. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the City's 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 for the retained lands. 8. That Minor Variance Application A 2019-082 shall receive final approval. 9. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands. Such agreement shall be to the satisfaction of the City Solicitor and shall include the following condition: 1. That prior to occupancy of any buildings on the severed or retained lands the shared private roadway and any services contained within the easements which have been created for these purposes, shall be designed and constructed to the satisfaction of the City's Manager of Site Development and Customer Service, the Director of Engineering Services, and the Chief Fire Official. All costs associated with the private roadway including but not limited to design, construction, and performance securities (to be administered in accordance with sections 4.2, 4.3 and 4.4 of the City's Performance Security Policy) shall be the responsibility of the owner. The private roadway and services contained within the easements may be constructed in phases, and in advance of development of the adjacent parcels, to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering Services. The private roadway design shall be in accordance with, and implement any approved Site Plan for Parcels A, B, C, D and/or E. Prior to construction of any portion of the private roadway and to the satisfaction of the City's Manager of Site Development and Customer Service, Director of Engineering Services and Chief Fire Official, the owner shall agree to submit and receive approval of plans including but not limited to, Private Roadway 'Site' Plan, Grading and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan, Stormwater Management Plan, and Emergency Fire Route Plan. Further, the owner shall agree to implement the approved plans to the satisfaction of the City's Manager of Development Review and Customer Service and the Director of Engineering Services. The owner shall acknowledge and agree that should they elect to proceed with the installation of the private roadway or services prior to final Site Plan Approval for A, B, C, D and/or E, that such works are done at their sole risk and the owner shall agree to indemnify the City with respect to any claim or loss which may occur as a result of such work. The cost of rectifying any works carried out will be the sole responsibility of the owner. 10. That the owner shall grant Kitchener -Wilmot Hydro Inc. blanket easements over Parcel A, Parcel B, Parcel C, Parcel D and Parcel E on ACI Survey Consultants drawing 'Severance Sketch' dated 2019-08-08 to address servicing and access. It is the opinion of this Committee that COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -229- CITY OF KITCHENER Submission Nos.: B 2019-051 to B 2019-054 & A 2019-082 (Cont'd) A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 17, 2021. Carried Submission No.: A 2019-082 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of NOVACORE (83 ELMSDALE DRIVE) INC. requesting permission for the land identified as future Parcel 'C' on the plan submitted with the application to allow a lot width of 14.2m rather than the required 30m under Zoning By-law 85-1 in current force and effect; and, permission to allow a lot width of 14.2m rather than the required 15m under Zoning By-law 2019- 051, on Part Lots 3 & 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026, 83 Elmsdale Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the minor variance shall become effective only at such time as Zoning By-law 2019- 051 comes into force, pursuant to Section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, and the variance shall be deemed to have come into force as of the date of this decision. It is the opinion of this Committee that: The variances requested in this application are minor. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -230- CITY OF KITCHENER NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2019-092 Applicants: Catherine Annoni-Galvez Property Location: 30 Dieppe Avenue Legal Description: Lot 15, Plan 774 Appearances: In Support: C. Annoni-Galvez J. Galvez Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing covered front porch exceeding 0.6m in height and mudroom addition in the front yard having a front yard setback of 3.25m, whereas the By-law requires a 5.5m minimum/7.5m maximum front yard setback. The Committee considered Development Services Department report DSD -19-207 dated August 29, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2019, advising they have no concerns with this application. Ms. C. Annoni-Galvez and Mr. J. Galvez were in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt advised the minor variance requested this date takes into consideration the entire front yard addition, as both the existing covered porch and mudroom exceed 0.6m in height. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of CATHERINE ANNONI-GALVEZ requesting permission to legalize an existing covered front porch and mudroom addition exceeding 0.6m in height having a front yard setback of 3.25m, whereas the By-law requires a minimum 5.5m and maximum 7.5m front yard setback, on Lot 15, Plan 774, 30 Dieppe Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -231- CITY OF KITCHENER 2. Submission No.: A 2019-093 Applicants: Sean Shahrokhnia Property Location: 155 Breckenridge Drive Legal Description: Part Lot 31, Plan 1307, beinq Part 1 on Reference Plan 58R-2288 Appearances: In Support: S. Shahrokhnia S. Gobran Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert a vacant single - storey building into a two-storey health office having 7 off-street parking spaces rather than the required 21 off-street parking spaces; and, to permit a health office to occupy 100% of the Gross Floor Area (GFA) whereas the By-law permits a health office to occupy a maximum of 50% of the GFA. The Committee considered Development Services Department report DSD -19-208 dated September 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 28, 2019, advising they have no concerns with this application. Messrs. S. Shahrokhnia and S. Gobran were in attendance in support of the subject application and staff recommendation. Mr. Shahrokhnia confirmed the total number of off-street parking spaces provided should be sufficient as a number of patients use taxi or bus service to visit the office. In response to questions, Ms. J. von Westerholt advised the By-law does not differentiate between the type of practice within the Health Office use. She stated restricting the applicant to a specific type of physician would restrict their as -of -right Zoning permissions for a Health Office use. Mr. B. McColl requested, and it was agreed, the date to complete the imposed conditions would be extended to March 31, 2020. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of SHAHROKHNIA PSYCHOLOGY PROFESSIONAL CORP. requesting permission to convert a vacant building into a health office that occupies 100% of the Gross Floor Area (GFA) whereas the By-law permits a health office to occupy a maximum of 50% of the GFA; having 7 off-street parking spaces rather than the required 21 off-street parking spaces under Zoning By-law 85-1; as well as, permission under Zoning By-law 2019-051 for a health office to have 7 off-street parking spaces rather than the required 16 off-street parking spaces, on Part Lot 31, Plan 1307, being Part 1 on Reference Plan 58R-2288, 155 Breckenridge Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit a parking justification study to the satisfaction of the Director of Transportation Services. 2. That the owner shall update the Occupancy Certificate to the satisfaction of the Director of Planning (following completion of the above noted Condition 1). 3. That the owner shall re -paint the parking space lines to match the approved Site Plan (SPR/04/20/B/LT) to the satisfaction of the Manager of Site Development and Customer Service. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -232- CITY OF KITCHENER 2. Submission No.: A 2019-093 (Cont'd) 4. That the owner shall complete the above noted Conditions 1 to 3 prior to March 31, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. 5. That the minor variance pertaining to Zoning By-law 19-051 to convert a vacant building into a health clinic having 7 off-street parking spaces rather than the required 16 off-street parking spaces become effective only at such time as Zoning By-law 2019-051 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990 P 13, as amended, and the variance shall be deemed to have come into force as of the date of this decision. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 3. Submission No.: A 2019-094 Applicants: Sarah Courtney Property Location: 205 Strange Street Legal Description: Part Lot 2, Registered Plan 431, Part Lot 492, Plan 377, Subject to & Together with Right of Way, on Part Park Lot 492, Registered Plan 377 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a new entrance and mudroom in the northerly side yard of an existing duplex dwelling having a side yard setback of 1.7m rather than the required 3m. The Committee considered Development Services Department report DSD -19-209 dated September 10, 2019, recommending deferral of this application to allow the owner time for further dialogue with staff. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2019, advising they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. S. Hannah COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17.2019 -233- CITY OF KITCHENER e��1•T511�r•Ti1�t:7i�_��iy�ai�L!<NZ.7iiiC That the application of Sarah Courtney requesting permission to construct a new entrance and mudroom in the northerly side yard of an existing duplex dwelling having a side yard setback of 1.7m rather than the required 3m, on Part Lot 2, Registered Plan 431, Part Lot 492, Plan 377, Subject to & Together with Right of Way, on Part Park Lot 492, Registered Plan 377, 205 Strange Street, Kitchener, Ontario, BE DEFERRED to the October 15, 2019 Committee of Adjustment meeting. Carried 4. Submission No.: A 2019-095 Applicants: Randy and Rebecca Newell Property Location: 43 Jack Avenue Legal Description: Lot 15, Plan 830 Appearances: In Support: R. & R. Newell Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to allow a "Catering" use within an existing single detached dwelling whereas the By-law does not currently allow "Catering" as a permitted home business use. The Committee considered Development Services Department report DSD -19-210 dated September 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 28, 2019, advising they have no concerns with this application. Mr. R. Newell and Ms. R. Newell were in attendance in support of the subject application and staff recommendation. Mr. Newell provided a brief overview of his catering business, noting it is currently a solo operation. He advised depending on the businesses success, he would consider moving if additional employees were required. Mr. Newell stated he will be fully licensed and is currently incorporated. In response to questions, Ms. J. von Westerholt advised the current Zoning regulations for home business would permit one non-resident employee to be located on the subject property. She indicated the intention of Condition 4 in the staff report recommendation, regarding non-resident workers not being permitted to the property, was included to ensure the business remains at a small scale. She further advised she would have no objection if it was the Committee's wish not to impose the condition through the decision this date. It was requested, and agreed, that Condition 4 of the staff recommendation regarding non- resident workers being prohibited from attending the property be stricken from the Committee's decision this date. Mr. B. McColl requested, and it was agreed, Condition 5 of the staff recommendation regarding a Zoning (Occupancy) Certificate, be extended to December 31, 2019. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of RANDY and REBECCA NEWELL requesting permission to allow for "Catering Service Establishment" use as a home business in an existing single detached dwelling whereas the By-law does not currently allow "Catering Service Establishment" as a permitted home business use, on Lot 15, Plan 830, 43 Jack Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -234- CITY OF KITCHENER Submission No.: A 2019-095 (Cont'd) 1. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division. 2. That the owner shall ensure the Home Business - Catering Service Establishment use on the subject property shall be a maximum of 27.87 square metres (as per Section 5.13.1.2(g) of the By-law). 3. That the owner shall ensure no direct retail sales are permitted from the property. 4. That the owner shall complete the above noted Condition 1 by December 31, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 5. Submission No.: A 2019-096 Applicant: John Mensink Property Location: 260 Frederick Street Legal Description: Part Lot 3 Registered Plan 429, being Part 2 on Reference Plan 58R-13100 Appearances: In Support: J. Mensink C. Ostell Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing duplex having a driveway width of 11.8m rather than the maximum permitted width of 6.4m; and, to allow the existing driveway to be comprised of three different materials whereas the By-law requires a driveway to be constructed from one consistent material. The Committee considered Development Services Department report DSD -19-211 dated September 10, 2019, recommending refusal of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2019, advising they have no concerns with this application. Mr. J. Mensink and Ms. C. Ostell were in attendance in support of the subject application and staff recommendation. Mr. Mensink provided an overview of the subject application, stating the property has existed in its current state for 17 years, adding in his opinion the existing driveway provides the safest way for the tenants to exit the property. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -235- CITY OF KITCHENER 5. Submission No.: A 2019-096 (Cont'd) Ms. J. von Westerholt advised there were a number of complaints made to the City regarding driveway widths in the vicinity of the subject property. She stated although staff have recommended refusal of the subject application, suggested wording was provided within the staff report should the Committee wish to approve the application this date. In response to further questions, she indicated as the Region of Waterloo has requested a Regional Access Permit for the existing driveway, it was unlikely a Permit was ever obtained. In response to questions, Ms. Ostell stated they were advised by a private company that the driveway could not consist of only one material. She indicated the cost to redo the driveway would be prohibitive. Mr. S. Hannah suggested, and it was agreed, that the condition related to obtaining a Regional Access Permit not be imposed, as the property has existed in this state for 17 years without concern. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of JOHN MENSINK requesting permission to legalize an existing duplex having a driveway width of 11.8m rather than the maximum permitted width of 6.4m; and, to allow the existing driveway to be comprised of three different materials whereas the By-law requires a driveway to be constructed from one consistent material, on Part Lot 3, Registered Plan 429, being Part 2 on Reference Plan 58R-13100, 260 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall ensure existing landscaping be maintained as a visual barrier to the widened driveway/parking area and that any landscaping that occurs within the Driveway Visibility Triangle (DVT) have a maximum height of 0.9 metres to avoid any obstruction to driver visibility. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 6. Submission No.: A 2019-097 Applicant: David Am and Edeltraut Horn Property Location: 74 Ahrens Street West Legal Description: Part Lots 165 & 166, Registered Plan 374 Appearances: In Support: A. Stellings D. Am B. Buchanan IIsM oil Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -236- CITY OF KITCHENER 6. Submission No.: A 2019-097 (Cont'd) The Committee was advised the applicants are requesting permission to legalize an existing 4-plex whereas the By-law permits a maximum of three dwelling units; having a rear yard setback of 4.63m rather than the required 7.5m; a northerly side yard setback of 0.26m rather than the required 1.2m; having off-street parking located between the fapade and side lot line less than 3m, whereas the By-law does not permit parking between the fapade and the side lot line with a setback less than 3m from the street line; to permit a parking lot having egress only in a rear motion whereas the By- law requires parking lots to have ingress and egress abilities; and, to provide 0 off-street barrier - free parking spaces rather than the required 1 off-street barrier -free parking space. The Committee considered Development Services Department report DSD -19-212 dated September 6 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 28, 2019, advising they have no concerns with this application subject to the following condition: 1. The applicant must obtain an access permit from the Region of Waterloo to legalize the existing access. Ms. A. Stellings and Mr. D. Am were in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt confirmed the driveway would be required to be paved and demarked through the Site Plan Approval process. She indicated a Site Plan Approval application has not yet been submitted for the subject property. Moved by Mr. SH Seconded by Mr. BM That the application of DAVID ARN and EDELTRAUT HORN requesting permission to legalize an existing 4-plex whereas the By-law permits a maximum of three dwelling units; having a rear yard setback of 4.63m rather than the required 7.5m; a northerly side yard setback of 0.26m rather than the required 1.2m; having off-street parking located between the fapade and side lot line less than 3m, whereas the By-law does not permit parking between the fapade and the side lot line with a setback less than 3m from the street line; to permit a parking lot having egress only in a rear motion whereas the By-law requires parking lots to have ingress and egress abilities; and, to provide 0 off-street barrier -free parking spaces rather than the required 1 off- street barrier -free parking space, on Part Lots 165 & 166, Registered Plan 374, 74 Ahrens Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall enter into an encroachment agreement for the parking spaces with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands. 2. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division to establish the Multiple Dwelling use on the property. 3. That the owner shall ensure the 2 existing parking spaces located closest to the Ahrens Street/Maynard Avenue intersection in the Corner Visibility Triangle (CVT) be removed and landscaping be reinstated in the side yard area to the satisfaction of the Director of Planning. 4. That the owner shall obtain a retrofit permit for the fourth unit from Fire Prevention. 5. That the owner shall ensure Site Plan approval is issued and the dropped curb be restored to full barrier curb for the two parking spaces that are being removed in order to prevent continued parking in that area, to the satisfaction of the Manager of Site Development and Customer Service. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -237- CITY OF KITCHENER 6. Submission No.: A 2019-097 (Cont'd) 6. That the owner shall complete the above noted Conditions 1 to 5 prior to July 1, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-098 Applicants: David Elliott Property Location: 44 Breithaupt Street Legal Description: Part Lot 140, Registered Plan 376 Appearances: In Support: D. Elliot S. Gobran Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing second storey deck in the front yard of a single detached dwelling having a front yard setback of 1.35m rather than the required 6m. The Committee considered Development Services Department report DSD -19-213 dated August 29, 2019, recommending approval of this application as amended. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2019, advising they have no concerns with this application. Messrs. D. Elliott and S. Gobran were in attendance in support of the subject application and staff recommendation. In response to questions, Mr. Gobran advised he was in support of the proposed amendment as outlined in the staff recommendation regarding the additional variance for the encroachment into the Driveway Visibility Triangle (DVT). The Chair noted an amended report was circulated to the Committee this date, which included a paragraph related to the Notice of Hearing, stating no additional notice would be required to include the variance for the encroachment into the DVT. Mr. B. McColl requested, and it was agreed, that a condition be added to the Committee's decision this date requiring the encroachment into the visibility triangle be restricted to the support posts for the second storey deck. Moved by Mr. B. McColl Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -238- CITY OF KITCHENER Submission No.: A 2019-098 (Cont'd) That the application of DAVID ELLIOTT requesting permission to legalize an existing second storey deck in the front yard of a single detached dwelling having a front yard setback of 1.35m rather than the required 6m; and, to allow a second storey uncovered porch above a first storey unenclosed porch to be located in a visibility triangle, whereas the By-law does not allow objects above 0.9 metres in height to be within the Driveway Visibility Triangle (DVT) whereas the By- law does not permit encroachments into the DVT, on Part Lot 140, Registered Plan 376, 44 Breithaupt Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the encroachment into the Driveway Visibility Triangle (DVT) is restricted to the support posts for the 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.kitcener.ca Carried 8. Submission No.: A 2019-099 Applicant: Sheldon Development Corp. Property Location: 289 & 295 Sheldon Avenue North Legal Description: Part Lot 180, Registered Plan 651 Appearances: In Support: N. Orasanin Contra: K. Thomas G. Manos Written Submissions: G. & D. Manos The Committee was advised the applicant is requesting permission to construct a 36 -unit stacked townhouse development having a Floor Space Ratio (FSR) of 0.75 rather than the maximum FSR of 0.6; to permit a building height of 12.1m rather than the maximum permitted height of 11.55m; and, a front yard setback of 5m rather than the required 6.62m. The Committee considered Development Services Department report DSD -19-214 dated September 6, 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 28, 2019, advising they have no concerns with this application. Mr. N. Orasanin was in attendance in support of the subject application and staff recommendation. Ms. K. Thomas addressed the Committee in opposition to the subject application. She expressed concerns with increased traffic; on -street parking; children/pedestrian safety; and, decreased property values. She further advised in her opinion, the proposed development does not fit within the character of the neighbourhood. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17.2019 -239- CITY OF KITCHENER : �1•T511 r•Ti1�t:7il•���iy�ai��7NZ.7iiIre In response to questions, Mr. Ryder indicated a development of this size would not warrant a traffic impact study. He further advised Transportation Services has reviewed the subject application and believes the increased traffic volumes would have no adverse impacts on the neighbourhood. Ms. J. von Westerholt further advised a Site Plan meeting has been scheduled for early October, 2019, adding if a traffic impact study was warranted it would be addressed through that process. Mr. G. Manos addressed the Committee in opposition to the subject application, stating in his opinion, the requested variances do not meet the four tests and the FSR is not minor. He expressed concerns regarding: the proposed development being out of character with the neighbourhood; the proposed height and setbacks; shadowing; and, reduced privacy. Mr. Manos further advised it is his belief a development of this nature is not in compliance with the Official Plan, adding in his opinion, a development of a smaller scale would be more appropriate for the neighbourhood. Mr. Orasanin provided a brief overview of the proposed development, stating the subject properties are comprised of 2 residential parcels and a third parcel being acquired from the City. He indicated the total area of the three parcels is 5,574 sq.m., indicating the actual development has a total FSR of 0.56 for the entire site. He commented the Ministry of Transportation (MTO) requires a 15m setback, which has impacted the overall calculation of the FSR. He further advised they have reviewed all other requirements for the proposed development and it is fully functional. He stated the greatest height of the building is at the rear of the property adjacent to the expressway, indicating the front of the building is in compliance with the Zoning regulations. Mr. Orasanin provided an overview of buildings within the immediate vicinity of the subject property, indicating they are multi -use buildings ranging from duplexes to a 94 -unit building, as well as a group home. Mr. Manos expressed concerns with comparing the proposed development to the 94 -unit multi - residential dwelling, noting that property is in an R-7 Zone and is not comparable to the proposed development. In response to questions, Ms. von Westerholt advised staff are in agreement with the applicant's interpretation regarding the variance for the FSR, stating the City's Official Plan contemplates an increase in FSR from 0.6 to 0.7 for that area. The Chair acknowledged the concerns of the neighbours, noting staff through their report have determined the subject application has met the four tests in determining whether a variance is minor. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of SHELDON DEVELOPMENT CORP requesting permission to construct a 36 -unit stacked townhouse development having a Floor Space Ratio (FSR) of 0.75 rather than the maximum FSR of 0.6; to permit a building height of 12.1 m ratherthan the maximum permitted height of 11.55m; and, a front yard setback of 5m rather than the required 6.62m, on Part Lot 180, Registered Plan 651, 289 and 295 Sheldon Avenue North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain Site Plan approval to the satisfaction of the Manager of Site Development and Customer Service. 2. That the above noted Condition 1 shall be completed prior to October 1, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -240- CITY OF KITCHENER 8. Submission No.: A 2019-099 (Cont'd) 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Mr. M. Kidd left the meeting at this time 9. Submission No.: A 2019-100 Applicant: Schlegel Urban Developments Corp. Property Location: John Wallace Drive Legal Description: Block 1, Registered Plan 58M-632 Appearances: In Support: C. Balluch B. Jones Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct three multi - residential stacked townhouse buildings each containing 18 -units having 1.15 off-street parking spaces/per-unit (63 total off-street parking spaces) rather than the required 1.25 off-street parking spaces/per-unit; and, to have a 0.5m encroachment into the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT. The Committee considered Development Services Department report DSD -19-215 dated September 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 28, 2019, advising they have no concerns with this application. Ms. C. Balluch and Mr. B. Jones were in attendance in support of the subject application and staff recommendation. In response to questions, Ms. J. von Westerholt stated the condition related to the variance being subject to a specific Site Plan is appropriate, noting if the Plan changes significantly, the condition would ensure that Committee's approval is appropriate for the intended development. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of SCHLEGEL URBAN DEVELOPMENTS CORP. requesting permission to construct a stacked townhouse development containing a total of 54 units having 1.15 off-street parking spaces/per-unit (63 total off-street parking spaces) rather than the required 1.25 off- street parking spaces/per-unit; and, to have a 0.5m encroachment into the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT, on Block 1, Registered Plan 58M-632, John Wallace Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall agree the subject variances shall apply to the site layout considered through Site Plan Application SP19/076/J/KA. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -241- CITY OF KITCHENER 9. Submission No.: A 2019-100 (Cont'd) It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 10. Submission No.: A 2019-101 Applicant: 2522935 Ontario Inc. Property Location: 360 Rivertrail Avenue Legal Description: Lot 20, Registered Plan 58M-605 Appearances: In Support: P. Ha Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for a single detached dwelling under construction to have a driveway located 7.93m from the intersection of Rivertrail Avenue and Valleybrook Drive, whereas a setback of 9m is required. The Committee considered Development Services Department report DSD -19-216 dated September 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 28, 2019, advising they have no concerns with this application. Mr. P. Ha was in attendance in support of the subject application and staff recommendation. In response to questions, he stated the drawings indicated in staff's recommendation are prepared and will be provided to the appropriate City staff. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of 2522935 ONTARIO INC. requesting permission for a single detached dwelling under construction to have a driveway located 7.93m from the intersection of Rivertrail Avenue and Valleybrook Drive, whereas a setback of 9m is required, on Lot 20, Registered Plan 58M-605, 360 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit revised building drawings and a grading plan to the satisfaction of the City's Chief Building Official by December 31, 2019. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17.2019 -242- CITY OF KITCHENER 10. Submission No.: A 2019-101 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 11. Submission No.: A 2019-102 Applicant: 470088 Ontario Ltd. Property Location: 165 Fairway Road North Legal Description: Part Lots 30 & 31, Registered Plan 959 Appearances: In Support: F. Kramer L. Navaleza C. Schmidt Contra: P. & E. Kraftchick Written Submissions: None The Committee was advised the applicant is requesting permission to convert an existing duplex into a multi -residential dwelling containing 7 units having an existing northerly side yard setback of Om rather than the required 2.5m; a southerly side yard setback of 2m rather than the required 2.5m; a rear yard setback of 0.1m rather than the required 7.5m; and, to permit off-street parking between the front fapade and the front lot line whereas the By-law does not permit parking between the front fapade and the front lot line. The Committee considered Development Services Department report DSD -19-217 dated September 6, 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 28, 2019, advising they have no concerns with this application. Messrs. F. Kramer and L. Navaleza and Ms. C. Schmidt were in attendance in support of the subject application and staff recommendation. Mr. P. Kraftchick and Ms. E. Kraftchick were in attendance in opposition of the subject application. Mr. Kraftchick stated while overall he is not opposed to the proposed development, he expressed concerns with the location and type of windows leading to potential loss of privacy on his property. He requested clarification regarding the construction trailer currently on the subject property and necessary fire access for the proposed development. Mr. Kramer stated there are no windows proposed for the north side of the building, adding the existing portion of the building is intended to remain unchanged. In response to questions, Ms. J. von Westerholt advised a Record of Site Condition was submitted to the Region of Waterloo and approved in April, 2019. She further advised the proposed development would undergo the Site Plan process, which would address any additional conditions that may be required to facilitate the development. The Chair acknowledged the concerns regarding the construction trailer and fire access, noting they were outside the Committee's purview and would need to be addressed by the appropriate City department. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -243- CITY OF KITCHENER 11. Submission No.: A 2019-102 (Cont'd) Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of 470088 ONTARIO LIMITED requesting permission to convert a building into a multi -residential dwelling containing 7 units having an existing northerly side yard setback of Om rather than the required 2.5m; a southerly side yard setback of 2m rather than the required 2.5m; a rear yard setback of 0.1 m rather than the required 7.5m; and, to permit off-street parking between the front fapade and the front lot line whereas the By-law does not permit parking between the front fapade and the front lot line, on Part Lots 30 & 31, Registered Plan 959, 165 Fairway Road North, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division to establish the Multiple Dwelling use on the property. 2. That the owner shall obtain Site Plan approval to the satisfaction of the Manager of Site Development and Customer Service. 3. That the above noted Conditions 1 and 2 shall be completed prior to July 1, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 12. Submission No.: A 2019-103 Applicant: Trez MR Holdings (Ontario Ltd) Property Location: 581 Strasburg Road Legal Description: Block N, Plan 1335 Appearances: In Support: V. Schmidt M. Brouwer Contra: S. Levac Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 2 -storey addition on an existing 3 -storey multi -residential dwelling, increasing the units from 21 to a total of 35 residential units having 35 off-street parking spaces (1.03 spaces/per unit) rather than the required 62 off-street parking spaces (1.75 spaces/per unit). The Committee considered Development Services Department report DSD -19-218 dated September 10, 2019, recommending approval of this application, subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17.2019 -244- CITY OF KITCHENER if���1•Ti11�C•Ti1�C>�G��iy�b[�X�NZ.7iiiC The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2019, advising they have no concerns with this application. Ms. V. Schmidt and Mr. M. Brouwer were in attendance in support of the subject application and staff recommendation. In response to questions, Ms. Schmidt stated an elevator would be incorporated through the construction process. Ms. S. Levac was in attendance in opposition of the subject application, noting she is a current resident of the building. She advised her concerns were related to parking on the subject property. She noted the current 1.75 spaces per unit provided is insufficient, noting people are parking in the fire access. She questioned how the applicant was going to implement the recommended unbundled parking, stating current residents have bundled parking within their agreements. She further advised there is a lack of communication from the property owner to inform the existing tenants of the proposed renovations and questioned whether the tenants could participate in the Site Plan Approval process. Ms. Schmidt advised parking issues would be addressed through the Site Plan process, adding unbundling the parking has not been addressed at this time. She advised the parking lot is intended to be repaved and relined, noting the Site Plan approval process is not a public process. In response to questions, Ms. J. von Westerholt stated the Planner on the file can be made aware of the tenant's concerns, advising parking on site during the construction phase will need to be addressed. She noted as a possible option, the applicant could enter into off-site parking agreements during the construction phase to help alleviate some of the issues related to parking on site. In response to questions, Ms. Schmidt advised the development has not yet received Site Plan Approval in Principle. She indicated there are 2 items to clarify prior to achieving Approval in Principle, being the tree management plan and the functional stormwater management plan. It was suggested, and agreed, that the application be deferred for three months, with the opportunity to reschedule to an earlier date pending receipt of Site Plan Approval in Principle and to report back to the Committee on how to address the construction phase for the existing tenants. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of Trez MR Holdings (Ontario Ltd) requesting permission to construct a 2 - storey addition on an existing 3 -storey multi -residential dwelling, increasing the units from 21 to a total of 35 residential units having 35 off-street parking spaces (1.03 spaces/per unit) rather than the required 62 off-street parking spaces (1.75 spaces/per unit), on Block N, Plan 1335, 581 Strasburg Road, Kitchener, Ontario, BE DEFERRED to the December 10, 2019 Committee of Adjustment meeting, with the opportunity to reschedule to an earlier date pending receipt of Site Plan Approval in principle. Carried CONSENT APPLICATIONS 1. Submission No.: B 2019-058 Applicants: A & F Greenfield Homes Ltd. Property Location: 202 Montgomery Road Legal Description: Part Lot 181, Registered Plan 651 Appearances: In Support: O. and F. Rosu Contra: None COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -245- CITY OF KITCHENER Submission No.: B 2019-058 (Cont'd) 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 7.62m, a depth of 45.744m and an area of 348.57 sq.m. The retained land will have a width of 7.62m, a depth of 45.744m and an area of 348.57 sq. m. The Committee considered Development Services Department report DSD -19-219 dated September 6, 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 September 10, 2019, advising they have no objection to this application, subject to the following conditions: That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2. That prior to final approval, the owner/applicant enter into a Registered Development Agreement with the City of Kitchener to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the severed and retained lands: a. The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building: "The purchasers/tenants are advised this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". Mr. O. Rosu and Ms. F. Rosu were in attendance in support of the subject application and staff recommendation. The Chair requested, and it was agreed, Condition 2 of staffs recommendation be amended to request two full-sized paper copies and a PDF version of the reference plan; and, the conditions requested by the Region of Waterloo be added to the Committee's conditions imposed this date. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of A & F GREENFIELD HOMES LTD. requesting permission to sever a parcel of land having a width of 7.62m, a depth of 45.744m and an area of 348.57 sq. m., on Part Lot 181, Registered Plan 651, 202 Montgomery Road, 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). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -246- CITY OF KITCHENER 1. Submission No.: B 2019-058 (Cont'd) 3. That the owner shall pay cash -in -lieu of Parkland Dedication in the amount of $3,505.20 to the satisfaction of the Director of Operations. 4. That the owner shall make satisfactory arrangements with the Director of Engineering Services regarding the provision of separate municipal services and driveway ramps to City of Kitchener standards. 5. That the owner shall make satisfactory arrangements with the Director of Transportation Planning regarding payment towards the future installation of sidewalks. 6. That the owner shall prepare a scoped Tree Preservation Plan focusing on the City - owned street tree for the severed and retained lands in accordance with the City's Tree Management Policy to be approved by the City's Director of Planning in consultation with the City's Operation Division. Such plans shall include, among other matters, the species, size, and condition of the street tree, and the identification of a proposed building envelope/work zone including driveways and grades, measures for remediation of any impacts of construction (e.g. soil compaction, physical damage). 7. The owner shall agree to implement the approved Tree Preservation Plan. No changes to the said Plan shall be granted except with the prior approval of the City's Director of Planning. If the plan is not implemented, and/or irreparable harm to the tree has occurred, or if the tree has been removed, compensation for the replacement of the tree will be required to the satisfaction of the Director of Parks and Cemeteries and in accordance with the Development Manual. 8. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 9. That the owner shall enter into a Registered Development Agreement with the City of Kitchener to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the severed and retained lands: a. The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building: "The purchasers/tenants are advised this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -247- CITY OF KITCHENER 1. Submission No.: B 2019-058 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 17, 2021. Carried 2. Submission No.: B 2019-059 Applicants: 1054558 Ontario Limited Property Location: 269 Trillium Drive Legal Description: Lot 21, Registered Plan 1478 Appearances: In Support: G. Auer Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to grant an easement/right- of-way having a width of 12.1m, and an approximate depth of 90.84m in favour of the adjacent property municipally addressed as 299 Trillium Drive for the purpose of access. The Committee considered Development Services Department report DSD -19-220 dated September 6, 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 September 10, 2019, advising they have no objection to this application. Mr. G. Auer was in attendance in support of the subject application and staff recommendation. It was noted there was a clerical error in the staff recommendation and the conditions will need to be updated accordingly in the Committee's decision this date. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of 1054558 ONTARIO LIMITED requesting permission to grant an easement having a width of 12.1 m, and an approximate depth of 90.84m in favour of the adjacent property municipally addressed as 299 Trillium Drive for the purpose of a driveway and emergency access, on Lot 21, Registered Plan 1478, 269 Trillium Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -248- CITY OF KITCHENER 2. Submission No.: B 2019-059 (Cont'd) 3. That the owner shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City's Director of Planning. 4. That the owner shall ensure the Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor: a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 5. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 17, 2021. Carried 3. Submission No.: B 2019-060 Applicants: Predrag Vojinovic, Stefan and Dina Dolovac Property Location: 39 Belmont Avenue West Legal Description: Lot 404 and Part Lot 403, Registered Plan 230, Part Lot 19, Municipal Compiled Plan 786 Appearances: In Support: P. Vojinovic 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 7.58m, a depth of 42.88m and an area of 314 sq. m. The retained land will have a width of 7.59m, a depth of 45.6m and an area of 336 sq. m. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -249- CITY OF KITCHENER 3. Submission No.: B 2019-060 (Cont'd) The Committee considered Development Services Department report DSD -19-221 dated September 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, Planning, Development and Legislative Services dated September 10, 2019, advising they have no objection to this application, subject to the following conditions: That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2. That prior to final approval, the owner/applicant enter into a Registered Development Agreement with the City of Kitchener to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the severed and retained lands: a. That all units be constructed with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. b. That the purchasers/tenants are advised that sound levels due to increasing road traffic on Belmont Avenue West may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the City of Kitchener and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the City of Kitchener and the Environment and Climate Change (MOECC). Mr. P. Vojinovic was in attendance in support of the subject application and staff recommendation. The Chair requested, and it was agreed, Condition 2 of staffs recommendation be amended to request a PDF version of the reference plan; the conditions requested by the Region of Waterloo be added to the conditions imposed this date; and, the wording "prior to demolition" be removed from Condition 9 of staff's recommendation. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of PREDRAG VOJINOVIC, STEFAN and DINA DOLOVAC requesting permission to sever a parcel of land having a width of 7.58m, a depth of 42.88m and an area of 314 sq.m., on Lot 404 and Part Lot 403, Registered Plan 230, Part Lot 19, Municipal Compiled Plan 786, 39 Belmont Avenue West, 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). 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 $3,486.80 COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17.2019 -250- CITY OF KITCHENER 3. Submission No.: B 2019-060 (Cont'd) 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 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 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 and implement 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. 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 the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 11. That the owner shall enter into a Registered Development Agreement with the City of Kitchener to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the severed and retained lands: a. That all units be constructed with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. b. That the purchasers/tenants are advised that sound levels due to increasing road traffic on Belmont Avenue West may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the City of Kitchener and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the City of Kitchener and the Environment and Climate Change (MOECC). 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. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -251- CITY OF KITCHENER 3. Submission No.: B 2019-060 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 17, 2021. Carried 4. Submission No.: B 2019-061 Applicants: Ilija, Dragan, Ana and Marija Ilic and Madeleine Butler Property Location: 359 Alice Avenue Legal Description: Lot 40, Registered Plan 645 Appearances: In Support: I. Ilic 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 on Alice Avenue of 17.069m, a depth of 22.267m and an area of 435.5 sq. m. The retained land will have a width on Alice Avenue of 23.050m, a depth of 17.041m and an area of 392.9 sq. m. The Committee considered Development Services Department report DSD -19-222 dated September 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, Planning, Development and Legislative Services dated September 10, 2019, advising they have no objection to this application, subject to the following conditions: 1. That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2. That prior to final approval, the owner/applicant complete the dedicated road widening and daylight triangles to be conveyed to the Region. 3. That priorto final approval, the owner/applicant submit a Stormwater Management brief and detailed grading plan to the satisfaction of the Region. 4. That prior to final approval, the owner/applicant enter into a Registered Development Agreement with the Region of Waterloo to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the severed lands: a. The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -252- CITY OF KITCHENER Submission No.: B 2019-061 (Cont'd) b. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building: "The purchasers/tenants are advised this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". "The purchasers/tenants are advised that sound levels due to increasing traffic on Victoria Street may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". 5. That prior to final approval, the owner/applicant enter into a Registered Development Agreement with the Region of Waterloo to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the retained lands: a. The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building: "The purchasers/tenants are advised this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". Mr. I. Ilic was in attendance in support of the subject application and staff recommendation. The Chair requested, and it was agreed, Condition 2 of staffs recommendation be amended to request a PDF version of the reference plan; and, the conditions requested by the Region of Waterloo be added to the Committee's conditions imposed this date. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of DRAGAN, ILIJA, ANA and MARIJA ILIC and MADELEINE BUTLER requesting permission to sever a parcel of land having a width on Alice Avenue of 17.069m, a depth of 22.267m and an area of 435.5 sq.m., on Lot 40, Registered Plan 645, 359 Alice Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $6,471.74. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -253- CITY OF KITCHENER 4. Submission No.: B 2019-061 (Cont'd) 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a complete Development 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. 10. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 11. That the owner shall complete the dedicated road widening and daylight triangles to be conveyed to the Region of Waterloo. 12. That the owner shall submit a Stormwater Management brief and detailed grading plan to the satisfaction of the Region of Waterloo. 13. That the owner shall enter into a Registered Development Agreement with the Region of Waterloo to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the severed lands: The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building: "The purchasers/tenants are advised this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -254- CITY OF KITCHENER Submission No.: B 2019-061 (Cont'd) "The purchasers/tenants are advised that sound levels due to increasing traffic on Victoria Street may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". 14. That the owner shall enter into a Registered Development Agreement with the Region of Waterloo to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the retained lands: The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building: "The purchasers/tenants are advised this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental, Conservation and Parks (MECP)". It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 17, 2021. Carried 5. Submission No.: B 2019-062 Applicants: Lutheran Homes Kitchener -Waterloo Property Location: 2727 Kingsway Drive Legal Description: Parts 1, 2 & 3 on Reference Plan 58R-13634 Appearances: In Support: M. Mahlstedt Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -255- CITY OF KITCHENER 5. Submission No.: B 2019-062 (Cont'd) The Committee was advised the applicants are requesting permission mortgage a residential care facility separately from the existing long-term care facility to facilitate repairs and maintenance of the facility. The Committee considered Development Services Department report DSD -19-223 dated September 6, 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 September 10, 2019, advising they have no objection to this application, subject to the following conditions: 1. That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2. That prior to final approval, the owner/applicant submit a Record of Site Condition for both the severed and retained lands, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. Mr. M. Mahlstedt was in attendance in support of the subject application and staff recommendation. The Chair requested, and it was agreed, Condition 2 of staffs recommendation be amended to request two full-sized paper copies and a PDF version of the reference plan. Ms. J. von Westerholt stated she had spoken with the Region of Waterloo and they are waiving the Record of Site condition. The Chair noted the Region of Waterloo's comments related to the Consent Application Review fee and requested that condition be included in the Committee's decision this date. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of LUTHERAN HOMES KITCHENER-WATERLOO requesting permission to mortgage an irregular-shaped parcel of land (residential care facility) being Part 2 on Reference Plan 58R-14446 separately from the existing long-term care facility, on Part Lot 6, Municipal Compiled Plan 958, being Parts 1, 2 & 3 on Reference Plan 58R-13634, 2727 Kingsway Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City's Director of Planning. 4. That the owner and mortgagee shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: "In the event enforcements proceedings are taken under the terms of a mortgage/charge of lands, the Owner, its successor or assigns, shall take no action to affect the servicing and/or access to any building on the lands described as Parts 1 & 3 Plan 58R-13634 and/or Part 1 58R-14446." COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -256- CITY OF KITCHENER 5. Submission No.: B 2019-062 (Cont'd) 5. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 17, 2021. Carried COMBINED APPLICATIONS: Submission Nos.: B 2019-063, A 2019-104 & A 2019-105 Applicant: Mohammad Gohari Property Location: 193 Louisa Street Legal Description: Part Lot 321, Plan 376 Appearances: In Support: V. Labreche Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land identified as 'Parcel B' will have a width of 7.52m, a depth of 27.94m and an area of 190 sq.m. The retained land identified as 'Parcel A' will have a width of 13.18m, a depth of 22.6m and an area of 236 sq. m. Permission is also being requested for the retained land identified as 'Parcel A' on the plan submitted with the application to have a rear yard setback of 2.4m rather than the required 7.5m; and, for the severed land identified as 'Parcel B' on the plan submitted with the application to have a rear yard setback of 6m rather than the required 7.5m; and, a lot area of 190 sq.m. rather than the required 235 sq.m. The Committee considered Development Services Department report DSD -19-224 dated September 6, 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 September 10, 2019, advising they have no objection to application B 2019-063, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -257- CITY OF KITCHENER Submission Nos.: B 2019-063, A 2019-104 & A 2019-105 (Cont'd) That prior to final approval, the owner/applicant obtain the required Regional access permit. 2. That prior to final approval, the owner/applicant enter into a Registered Development Agreement with the Region of Waterloo to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the retained lands: The owner further agrees that the following noise mitigation measures will be provided in the subject development: a. All exterior walls of the building/dwelling units will be constructed with brick veneer (EW5) or higher acoustical equivalent with STC 54 or higher. b. All building/dwelling units will be installed with windows and doors with STC 37 or higher. C. All building/dwelling will be installed with a forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. d. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building / dwelling units: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MOECP). ii. "Purchasers/tenants are advised that sound levels due to increasing traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MOECP)." iii. "Warning: Region of Waterloo / Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of- way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2019, advising they have no concerns with applications A 2019-104 and A 2019-105, subject to the following condition: That the recommendations of the noise study as required for Consent Application B 2019- 063 can be implemented. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -258- CITY OF KITCHENER 1. Submission Nos.: B 2019-063, A 2019-104 & A 2019-105 (Cont'd) Mr. V. Labreche was in attendance in support of the subject applications and staff recommendations. He noted the parcels were reversed in the Notice of Hearing, but correct in the staff recommendation. He requested, and it was agreed, that the Committee's decision regarding the description of the future lots be rounded to the first decimal place to allow some flexibility when pouring the foundations. The Chair requested, and it was agreed, Condition 2 of staffs recommendation be amended to request two full-size copies and a PDF version of the reference plan; and, the conditions requested by the Region of Waterloo be added to the Committee's conditions imposed this date. Submission No.: B 2019-063 Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of MOHAMMAD GOHARI requesting permission to sever a parcel of land identified as 'Parcel A' on the plan submitted with the application having a width of 13.18m, a depth of 22.64m and an area of 237 sq.m., on Part Lot 321, Plan 376, 193 Louisa Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That Minor Variance Application A 2019-104 shall receive final approval. 4. That Minor Variance Application A 2019-105 shall receive final approval. 5. That the owner shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City's Director of Planning. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections and the removal of redundant services to the retained lands. 7. That the owner shall make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 9. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 10. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -259- CITY OF KITCHENER Submission Nos.: B 2019-063, A 2019-104 & A 2019-105 (Cont'd) 11. That the owner shall provide Engineering Services with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the owner. 12. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $3,459.20. 13. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: That the owner shall implement the approved Vegetation Management and Existing Conditions Plan, prepared by MacKinnon & Associates, dated August 12, 2019 for the severed and retained lands in accordance with the City's Tree Management Policy, prior to any grading, tree removal or the issuance of building permits. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning in consultation with the Director of Operations. C. The owner shall agree that the City may seek compensation in the event of irreparable harm to a tree intended to be retained, in accordance with the City's Tree Management Policy." 14. That the owner shall obtain the required Regional access permit. 15. That the owner shall enter into a Registered Development Agreement with the Region of Waterloo to include the following noise attenuation/warning clauses in all agreements of purchase and sale, lease and/or rental agreements for all residential dwelling units on the retained lands: The owner further agrees that the following noise mitigation measures will be provided in the subject development: a. All exterior walls of the building/dwelling units will be constructed with brick veneer (EW5) or higher acoustical equivalent with STC 54 or higher. b. All building/dwelling units will be installed with windows and doors with STC 37 or higher. C. All building/dwelling will be installed with a forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. d. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the building / dwelling units: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. This dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MOECP). COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -260- CITY OF KITCHENER 1. Submission Nos.: B 2019-063, A 2019-104 & A 2019-105 (Cont'd) ii. "Purchasers/tenants are advised that sound levels due to increasing traffic on Weber Street and Region of Waterloo Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation and Parks (MOECP)." iii. "Warning: Region of Waterloo/Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of- way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." It is the opinion of this Committee that 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being September 17, 2021. Carried Submission No.: A 2019-104 Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of MOHAMMAD GOHARI requesting permission for the severed land identified as 'Parcel A' on the plan submitted with the application to have a rear yard setback of 2.4m rather than the required 7.5m, on Part Lot 321, Plan 376, 193 Louisa 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. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 17, 2019 -261- CITY OF KITCHENER Submission Nos.: B 2019-063, A 2019-104 & A 2019-105 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2019-105 Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of MOHAMMAD GOHARI requesting permission for the severed land identified as 'Parcel B' on the plan submitted with the application to have a rear yard setback of 6m rather than the required 7.5m; and, a lot area of 190 sq. m. rather than the required 235 sq. m., on Part Lot 321, Plan 376, 193 Louisa Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried I'il0_1001NLl LVA 1:11Ll111 On motion, the meeting adjourned at 11:28 a.m. Dated at the City of Kitchener this 17th day of September, 2019. Dianna Saunderson Secretary -Treasurer Committee of Adjustment