HomeMy WebLinkAboutCA Agenda - 2019-10-15COMMITTEE OF ADJUSTMENT
UNFINISHED BUSINESS AGENDA
October 15, 2019 - 10:00 a.m.
MINOR VARIANCE APPLICATION:
1. 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
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 CITY OF KITCHENER Kitchener City Hall
COMMITTEE OF ADJUSTMENT 200 King St w
NOTICE OF HEARING Box 1118
Kitchener ON N2G 4G7
Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594
As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca
TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY,
October 15, 2019, commencing at 10:00 a.m. in the Council Chamber, 2nd Floor, Kitchener City
Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor
Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You
have received this notice pertaining to the application number referenced on the front of your
envelope as a courtesy. Anyone having an interest in any of these applications may attend this
meeting. Please note this meeting is open to the public and may be recorded.
Copies of written submissions and public agencies' comments are available on Friday afternoon prior to
the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using the
calendar of events, see the meeting date for more details.
APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT
A 2019-106 - 78 Castlebay Street
Permission to construct a covered deck in the rear yard of an existing single detached dwelling having a rear
yard setback of 5.59m rather than the required 7.5m.
A 2019-107 - 38 Gordon Avenue
Permission to construct a second driveway for an existing duplex whereas the By-law only permits 1 driveway
for the subject property; and, to allow one off-street parking space to be 2.6m wide by 4.25m in length rather
than the required 2.6m wide by 5.5m in length.
A 2019-108 - 41 Moore Avenue
Permission to construct a duplex on a lot having a width of 4.57m rather than the required 9m; and, a front
yard setback of 45m rather than the maximum permitted front yard setback of 4.67m.
A 2019-109 - 26 Baird Avenue
Permission for an existing semi-detached dwelling to have a driveway located 5.97m from the intersection
of Baird Avenue and Bettley Crescent rather than the required setback of 9m.
A 2019-110 - 334 Manitou Drive, Unit `C'
Permission to allow a fitness centre with a maximum gross floor area of 200 sq.m. in a multi -tenant building
without being accessory to a permitted use whereas the By-law requires a fitness centre to be an accessory
use to a permitted use.
B 2019-064 - 53 & 55 Perth Road
Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with
separately. The severed land municipally addressed as 53 Perth Road will have a width of 8.38m, a depth
of 43.65m and an area of 312.6 sq.m. The retained land municipally addressed as 55 Perth Road will have
a width of 8.38m, a depth of 44.25m and an area of 313.3 sq.m.
B 2019-065 - 210 Simeon Street
Permission to sever a parcel of land at the rear of the subject property having a width of 12.248m, a depth
of 10.311 m and an area of 126.3 sq.m. to be conveyed as a lot addition to the property municipally addressed
as 162 Pandora Avenue North.
Page 1 of 3
B 2019-066 to B 2019-071 - 253 Clark Avenue
Permission to sever 6 residential lots and retain one lot for future residential development; the existing
dwelling will be demolished. The lots will have the following dimensions:
Retained lot
Width (Clark Avenue) - 9.2m
Depth - 38.9m
Area - 339.7 sq. m.
B 2018-066 (Severed Lot 1)
Width (Clark Avenue) - 9.4m
Depth - 38.9m
Area - 362.6 sq. m.
B 2018-067 (Severed Lot 2)
Width (Siebert Avenue) - 9m
Depth - 32m
Area - 287.9 sq. m.
B 2018-068 (Severed Lot 3)
Width (Siebert Avenue) - 9m
Depth - 32m
Area - 286.8 sq. m.
B 2018-069 (Severed Lot 4)
Width (Siebert Avenue) - 9.1 m
Depth - 31.6m
Area - 280.2 sq. m.
B 2018-070 (Severed Lot 5)
Width (Siebert Avenue) - 8.2m
Depth - 30.5m
Area - 238.7 sq. m.
B 2018-071 (Severed Lot 6)
Width (Siebert Avenue) - 18.3m
Depth - 28.9m
Area - 325.6 sq. m.
• additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King
Street West, Kitchener (519-741-2200 ext.7594).
• copies of written submissions/public agencies' comments are available on Friday afternoon prior to the
meeting on the City of Kitchener website www.kitchener.ca in the calendar of events, see the meeting
date for more details.
• anyone having an interest in any of these applications may attend this meeting.
• a person or public body that files an appeal of a consent decision of the Committee of Adjustment must
make written submissions to the Committee before the Committee gives or refuses to give a Provisional
Consent otherwise the Local Planning Appeal Tribunal LPAT) may dismiss the appeal.
• any personal information received in relation to this meeting is collected under the authority s. 28(2) of
the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee
of Adjustment applications. Questions about the collection of information should be directed to Holly
Dyson at holly. dyson(a)kitchener.ca.
Page 2 of 3
• if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer,
Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles
you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful
party you should make this request as the decision could be appealed by the applicant or another party.
Dated the 27th day of September, 2019.
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment
THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE
OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD
ON SEPTEMBER 27, 2019.
Page 3 of 3
Subj ect
Property
2018 aerial photo
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Ak6e
Staff Report
i�TTCHPNPR
Community Services Department www.kitchenercn
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
October 15, 2019
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844
WARD:
9
DATE OF REPORT:
October 9, 2019
REPORT #:
DSD -19-209
SUBJECT:
ADDENDUM to report dated September 10, 2019
A 2019-094 — 205 Strange Street
Applicant — Brian Courtney
Owner — Sarah Courtney
Approve with Conditions
Subj ect
Property
2018 aerial photo
:4
Ak6e
REPORT
Planning Comments:
The property is zoned Institutional Two (1-2) with Special Provision 102U in By-law 85-1 and is designated
as Community Institutional in the KW Hospital Secondary Plan. Staff visited the site on September 9,
2019.
The owner 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 1.7 metres rather than the required 3 metres.
205 Strange St (left) and 207 Strange St (right) with mutual right-of-way driveway between buildings.
This application was deferred from the September 10, 2019, meeting in order for staff to consult with the
property owner about the timing of a condition for the reconstruction of the retaining wall which surrounds
the two required parking spaces for the duplex use; and also to consult about access to the rear yard.
After this discussion, the owner has advised that he will reconstruct the parking area/retaining wall before
beginning work on the addition. Therefore, he is agreeable to a condition that will require the retaining
wall to be completed before construction of the proposed addition. Additionally, the owner has advised
that stairs from the parking area will be constructed to ensure that there is access to the amenity area in
the backyard. The drawing below is an updated sketch submitted by the applicant.
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Planning Comments:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offer the following comments.
General Intent of the Official Plan
The subject property is designated as Community Institutional in the KW Hospital Secondary Plan in the
Official Plan. The designation makes provision for a range of residential uses that are complementary to the
community institutional uses and the duplex use is permitted. The general intent of the Official Plan will be
maintained, as the proposed addition to an existing use is minor and does not compromise the low-density
use of the property.
General Intent of the Zonina By-law
The subject lands are zoned 1-2 (Institutional) which permits the duplex use. The intent of the regulation
requiring a 3 -metre side yard setback for residential building, where the driveway leads to required parking
spaces, is to ensure that there is sufficient vehicular access to the required parking spaces. The requested
side yard setback of 1.7 metres is considered to meet the intent of the by-law because a 1.21 -metre right-
of-way exists on the abutting property and therefore the access to the rear yard parking area is a total of
2.91 metres wide. This mutual driveway access has existed for some time with no concerns. Transportation
Planning staff is in support of the variance as access to the rear yard parking is being maintained.
In addition, staff has discussed the proposed reconstruction to the retaining wall with the owner. The wall is
about 0.9 metres high with the parking area located on the higher level and the back yard amenity area at
the bottom of the wall (see Google street view image below). Transportation Planning staff has requested
that the reconstruction of the retaining wall around the parking area provide for an increased width to 3
metres for one of the required parking spaces to ensure there is adequate room for getting into and out of
vehicles. As well, a guardrail is being requested to ensure safety for people accessing the vehicles.
Based on above, Planning staff is of the opinion that the variance meets the general intent of the Zoning By-
law.
Minor
The proposed addition to an existing duplex is to create a new entrance to the basement unit and to provide
a mudroom on ground level. The addition covers a small percentage of the lot and as noted above, it does
not negatively affect the access to the parking area. Staff is of the opinion that the variance is minor.
Google street view (3D) image
Appropriate Development
As previously stated, because of the existing right-of-way between the properties, the proposed entrance
addition will not compromise access to the back yard parking area. The reconstruction of the parking area
will ensure sufficient width for two spaces, and ensure safety for people accessing the vehicles. The addition
is at the side of the building, near the back of the structure, and not readily visible from the streetscape.
Based on the above comments, staff is of the opinion that the request is appropriate development for the
property and for the streetscape.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below in the Recommendation section of this report.
Building Comments: The Building Division has no objections to the proposed variance provided the
building permit for the addition is obtained prior to construction. Please contact the Building Division @ 519-
741-2433 with any questions.
Transportation Services Comments: Given the retaining wall dropping below the grade of the parking
spaces, Transportation Services can support the proposed application provided that the parking space
adjacent to the retaining wall is widened to a minimum of 3.Om and is accompanied with a handrail to
prevent safety and tripping hazards.
Engineering Comments: No comments.
Heritage Planning Comments:
Heritage Planning staff has no concerns with the proposed minor variance application. The Kitchener
Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan
Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The
CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The
applicant is advised that the property municipally addressed as 205 Strange Street is located within the
Warehouse District CHL. The owner and the public will be consulted as the City considers listing CHLs
on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for
each CHL with specific conservation options.
Environmental Planning Comments: No concerns
RECOMMENDATION:
That application A 2019-094 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 1.7 metres
rather than the required 3 metres be approved subject to the following conditions:
1) That the retaining wall for the two parking spaces for the duplex use be reconstructed
to have one parking space a minimum of 3 metres wide and the other parking space a
minimum of 2.6 metres wide (for total minimum width of 5.6 metres), and that a
guardrail is installed to prevent safety hazards; to the satisfaction of the Director of
Transportation Planning, or designate; and,
2) That condition #1 be completed by October 1, 2020. Any request for a time extension
must be approved in writing by the Manager of Development Review (or designate) prior
to completion date set out in this decision. Failure to complete the conditions will result
in this approval becoming null and void.
Sheryl Rice Menezes, CPT
Planning Technician (Zoning)
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Staff Report
Ki i I IENER CommunityServicces Department www.kitchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844
WARD: 9
DATE OF REPORT: September 10, 2019
REPORT #: DSD -19-209
SUBJECT: A 2019-094 — 205 Strange Street
Applicant — Brian Courtney
Owner — Sarah Courtney
Deferral
_LL.1. - -
2018 aerial photo
REPORT
Planning Comments:
The property is zoned Institutional Two (1-2) with Special Provision 102U in By-law 85-1 and is designated
as Community Institutional in the KW Hospital Secondary Plan. Staff visited the site on September 9,
2019.
The owner 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 1.7 metres rather than the required 3 metres.
205 Strange St (left) and 207 Strange St (right) with mutual right-of-way driveway between buildings.
Staff has discussed with the applicant the requirement of a condition that the retaining wall for the rear yard
parking area be reconstructed before final variance approval and therefore before the building permit can be
issued for the addition. The applicant has advised that this will not accommodate his work plan. Therefore,
staff wishes to have an opportunity to discuss this further and to clarify the timing of the retaining wall
reconstruction and other options, such as the provision of a Letter of Credit. In addition, staff will be seeking
clarification how access to the rear yard will be maintained for both units in the existing duplex, once the wall
has been reconstructed. Lastly, Building staff has advised that a building permit is not required for the
approximately 0.9 m (3 ft) retaining wall. Staff has concerns that people and vehicles will be accessing the
area on the elevated portion of the retaining wall in the absence of a guardrail or barrier. All items noted
above need to be clarified before the next Committee meeting and Staff is therefore requesting a deferral.
"001w,
Google street view (3D) image
Building Comments: The Building Division has no objections to the proposed variance provided the
building permit for the addition is obtained prior to construction. Please contact the Building Division @ 519-
741-2433 with any questions.
Transportation Services Comments: Transportation Services have no concerns with the proposed
application provided that the proposed parking spaces in the rear yard are constructed entirely on the
property of 205 Strange Street.
Engineering Comments: No comments.
Heritage Planning Comments:
Heritage Planning staff has no concerns with the proposed minor variance application. The Kitchener
Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan
Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The
CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The
applicant is advised that the property municipally addressed as 205 Strange Street is located within the
Warehouse District CHL. The owner and the public will be consulted as the City considers listing CHLs
on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for
each CHL with specific conservation options.
Environmental Planning Comments: No concerns.
RECOMMENDATION:
That application A 2019-094 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 1.7 metres
rather than the required 3 metres be deferred.
Sheryl Rice Menezes, CPT
Planning Technician (Zoning)
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
August 28, 2019
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
(8) / VAR KIT, Martea Developments
(11) / 53 FAIRWAY, 470088 Ontario Ltd
Re: Committee of Adjustment Meeting on September 17, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1. A 2019-092 — 30 Dieppe Avenue— No Concerns.
2. A 2019-093 — 155 Breckenridge Drive — No Concerns.
3. A 2019-094 — 205 Strange Street — No Concerns.
4. A 2019-095 — 43 Jack Avenue — No Concerns.
5. A 2019-096 — 260 Frederick Street — The applicant must obtain a Regional
access permit to legalize the existing access.
6. A 2019-097 — 74 Ahrens Street West — No Concerns.
7. A 2019-098 — 44 Breithaupt Street — No Concerns.
8. A 2019-099— 289 and 295 Sheldon Avenue North — No Concerns.
9. A 2019-100— John Wallace Drive (Townhouse Block 1) — No Concerns.
10. A 2019-101 — 360 River Trail Avenue — No Concerns.
11. A 2019-102 — 165 Fairway Road North — No Concerns.
12. A 2019-103 — 581 Strasburg Road — No Concerns.
13. A 2019-104 & A 2019-105— 193 Louisa Street — There would be no concerns to
the minor variance applications subject to the condition that the
recommendations of the noise study as required for the Consent application can
be implemented.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 3091880
Page 1 of 2
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: September 9, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-082
83 Elmsdale Drive
A 2019-092
30 Dieppe Avenue
A 2019-093
155 Breckenridge Drive
A 2019-094
205 Strange Street
A 2019-095
43 Jack Avenue
A 2019-096
260 Frederick Street
A 2019-097
74 Ahrens Street West
A 2019-098
44 Breithaupt Street
A 2019-099
289 & 295 Sheldon Avenue North
A 2019-100
John Wallace Drive
A 2019-101
360 Rivertrail Avenue
A 2019-102
165 Fairway Drive Road North
A 2019-103
581 Strasburg Road
A 2019-104 & 105
193 Louisa Street
Applications for Consent:
B 2019-051 to 054 83 Elmsdale Drive
B 2019-058
202 Montgomery Road
B 2019-059
269 Trillium Drive
B 2019-060
39 Belmont Avenue West
B 2019-061
359 Alice Avenue
B 2019-062
2727 Kingsway Drive
B 2019-063
193 Louisa Street
GRCA COMMENT:
The above noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority
Staff Report
Development Services Department
1
KIR
www.ki tch en er. c a
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 15, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Richard Kelly-Ruetz, Junior Planner— 519-741-2200 ext. 7110
WARD: 5
DATE OF REPORT: October 7, 2019
REPORT #: DSD -19-237
SUBJECT: A2019-106 — 78 Castlebay Street
Owner — Nick Balkaran & Brian Mitkus
Applicant — Nick Balkaran
Approve
REPORT
Planning Comments:
SAV
Subject Property
E2 •4* 71t=ii -
c
Location Map: 78 Castlebay Street
The subject property located at 78 Castlebay Street is zoned Residential Four (R-4) with Special
Regulation Provision 341R in Zoning By-law 85-1 and designated Low Rise Residential in the City's
Official Plan. The applicant is proposing to construct a rear yard covered deck and is requesting relief
from Section 38.2.1 of the Zoning By-law to allow for a rear yard setback of 5.59 metres, whereas 7.5
metres is required.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Front and Rear Yard of 78 Castlebay Street
City Planning staff conducted a site inspection of the property on October 3, 2019.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
1. General Intent and Purpose of Official Plan Test
The subject property is designated Low Rise Residential in the Official Plan. The intent of this
designation is to encourage a range of different forms of housing to achieve a low density
neighbourhood. The requested variance to reduce the rear yard for a covered deck is appropriate
and will continue to maintain the low density character of the property and surrounding
neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the
Official Plan.
2. General Intent and Purpose of Zoning By-law Test
The requested variance to permit a rear yard setback at 5.59 metres, whereas 7.5 metres is required,
meets the general intent of the Zoning By-law. The purpose of a rear yard setback of 7.5 metres is
to provide an outdoor amenity space, as well as adequate separation from neighbouring properties.
It is the opinion of staff that the proposed rear yard setback of 5.59 metres will continue to allow for
an adequate amenity space and will not negatively impact adjacent properties.
3. "Minor" Test
The variance can be considered minor as the reduced rear yard setback will not present any
significant impacts to adjacent properties or the overall neighbourhood. The proposed rear yard
addition will maintain sufficient outdoor amenity space.
4. Desirability for Appropriate Development or Use Test
The requested variance is appropriate for the development and use of the land, as the proposed
covered deck with a reduced rear yard is consistent with the low density development of the
neighbourhood.
Based on the foregoing, Planning staff recommends that this application be approved.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made for the new
roof structure and is currently under review
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Heritage Comments:
No Heritage Planning concerns.
Environmental Comments:
No environmental planning concerns.
RECOMMENDATION
A. That Minor Variance Application A2019-106 requesting relief from Section 38.2.1 of the
Zoning By-law to permit a rear yard covered deck to have a rear yard setback of 5.59
metres, whereas 7.5 metres is required, be approved.
Richard Kelly-Ruetz, BES
Junior Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
September 26, 2019
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
Re: Committee of Adjustment Meeting on October 15, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1. A 2019-106 — 78 Castlebay Street— No Concerns.
2. A 2019-107 — 38 Gordon Avenue — No Concerns.
3. A 2019-108 — 41 Moore Avenue — No Concerns.
4. A 2019-109 — 26 Baird Avenue — No Concerns.
5. A 2019-110 — 330 Manitou Drive Unit C — No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3115951
Page 1 of 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: October 7, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-094
205 Strange Street
A 2019-106
78 Castlebay Street
A 2019-107
38 Gordon Avenue
A 2019-108
41 Moore Avenue
A 2019-109
26 Baird Avenue
Applications for Consent:
B 2019-064 53 & 55 Perth Road
B 2019-065 210 Simeon Street
B 2019-066-071 253 Clark Avenue
GRCA COMMENT:
The above noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority
Staff Report
i�TTCH� N� R Community Services Department www.kitchenercn
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
Committee of Adjustment
October 15, 2019
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844
10
October 9, 2019
DSD -19-238
A 2019-107 — 38 Gordon Avenue
Applicant — David Ashley
Owner — Nancy Ashley
Approve with Conditions
Photo 1
REPORT
Planning Comments:
The property is zoned R-5, 129U in By-law 85-1 and designated as Low Rise Conversation A in the
Central Frederick Neighbourhood Plan. Staff visited the site on October 4, 2019.
The applicant is requesting permission to construct a second driveway for an existing duplex whereas
the By-law permits one driveway for the subject property; and to allow one off-street parking space to be
2.6 metres by 4.25 metres rather than the required minimum 2.6 metres by 5.5 metres size.
Photo 2
Planning Comments:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offer the following comments.
General Intent of the Official Plan
The subject property is designated Low Rise Conservation A in the Central Neighbourhood Secondary
Plan. The intent of this designation is to retain the existing low rise, low density residential character of
the neighbourhood. The designation permits low density forms of housing such as duplex dwellings and
encourages a range of different forms of housing and encourages a mix of residential uses in residential
areas. It is the opinion of staff that the requested variance meets the general intent of the Official Plan
General Intent of the Zonina By-law
The property is legally established as a duplex use with the two required parking spaces in the rear yard.
See the aerial picture, Photo 1, above which shows most of the back yard as grassed/landscaped. Staff has
consulted with the owner and he has provided photos of two `living' driveways that were installed in the back
yard. Also known as green driveways, they contain a hard proven green alternative to paving that prevents
runoff and helps protect the environment. It is a green alternative that uses permeable stabilized material
under the grass to support the weight of vehicles. Staff questioned how tenants or future occupants know
where the parking spaces were located and the owner has advised that he will placed reflector sticks to
demarcate the entrance to the parking spaces.
It is noted that the parking spaces in the rear yard are accessed by a right-of-way shared with the abutting
property at 36 Gordon Avenue, which is also owned by the owner and the applicant. The subject property
has a driveway access of only 1.3 metres from the street along the side of the house and this is for the
right-of-way for access to the back yard. It is not wide enough to park a vehicle. Also, the driveway
between the buildings may not be used to park vehicles as it is required for access to the back yard
parking area.
There has been a history of parking violations at this property, as vehicles have been parked on the grass
behind the existing City tree and parallel to the sidewalk in the front yard. See Photo 2 showing the City tree
and the area behind it where grass has been worn away and/or surface has been modified.
The owner now wishes to construct a legal parking space in the front yard in addition to the two spaces in
the rear yard. The intent of the regulation limiting a property to one driveway is to ensure that the front yard
and streetscape are not dominated by parking areas and vehicles. As noted above, the existing driveway is
only 1.3 metres wide. The addition of a second driveway will not dominate this lot if it is limited to one space
and the existing landscaping is reinstalled/maintained. Staff is of the opinion that this variance meets the
general intent of the by-law.
The regulation in regards to a minimum parking space size is to ensure that a vehicle can park on the subject
property and not encroach over a City sidewalk. There is sufficient City land between the property line and
sidewalk for a standard size vehicle parking space provided that an encroachment agreement is obtained.
Therefore, staff is of the opinion that this request meets the general intent of the by-law.
Minor
As noted above, the existing driveway is only 1.3 metres wide, as it is an access over a right-of-way between
two buildings. The approval of the proposed driveway and reduced parking space size does not appear to
present any significant impact to the neighbourhood or streetscape and could therefore be considered minor.
Appropriate Development
It was brought to staff's attention by Environmental Planning staff that a street tree has been removed from
this site (Photo 3 below). It is staff's position that street trees should not be damaged or removed to
facilitate new driveways as these trees contribute to Cultural Heritage Landscape.
Photo 3 — Google street view image (2014)
In addition, two trees at 36 Gordon Avenue appear to have been removed when compared to City
records. Staff is of the opinion that the removal of three street trees for parking spaces is not appropriate
for the development of the property nor the streetscape. However, in consultation with Parks and
Cemetaries staff, the owner could reimburse the City for the cost of replacing a tree/trees and planting
it/them, likely at 36 Gordon Avenue as there is limited area remaining at 38 Gordon Avenue.
Staff is of the opinion that if a minimum of one tree can be replaced (or more trees, if required by Parks
and Cemeteries staff), then the streetscape would not be as negatively impacted by the installation of the
proposed driveway.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below in the Recommendation section of this report.
Staff notes that from the past history on the abutting property, that the parking area approved by a variance
earlier this year was installed before all the conditions were met. Therefore, the owner is advised that all
approved conditions of this variance must be fulfilled before the parking space is constructed or Enforcement
action may be taken.
Building Comments: The Building Division has no objections to the proposed variance.
Transportation Services Comments: Transportation Services has no concerns with this application, provided
that the applicant enters into an encroachment agreement with the City of Kitchener for the portion of the parking
space that is within the city right-of-way.
Engineering Comments: No comments
Heritage Planning Comments:
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The
Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an
inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation
process. The applicant is advised that the property municipally addressed as 38 Gordon Avenue is
located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as
the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan,
and preparing action plans for each CHL with specific conservation options.
Consequently, Heritage Planning staff has no concerns with this application
Environmental Planning Comments:
Street trees should not be damaged / not have been removed to facilitate new driveways. These trees
contribute to Cultural Heritage Landscape. In addition, removal of street trees is a violation of the City's
Boulevard Beautification and Maintenance Bylaw (formerly Street Tree Bylaw).
RECOMMENDATION:
That application A 2019-107 to construct a second driveway for an existing duplex whereas the
By-law permits one driveway for the subject property; and to allow one off-street parking space
to be 2.6 metres by 4.25 metres rather than the required minimum 2.6 metres by 5.5 metres size,
be approved, subject to the following conditions;
1) That the owner enter into an encroachment agreement for the proposed driveway/parking
space with the City of Kitchener to be prepared by the City Solicitor and registered on title
of the subject lands;
2) That the owner obtain a curb cutting permit for the new driveway access through the City
of Kitchener Engineering Division;
3) That the owner ensure that the driveway is constructed with a consistent material, in a
dust -free condition, to the satisfaction of the Director of Planning;
4) That the owner shall ensure that the remainder of the front yard area that is not used for
an approved driveway, be reinstated to grass or landscaping, to the satisfaction of the
Director of Planning;
5) That the area behind the existing City tree be blocked from access for any parking by a
physical barrier, to the satisfaction of the Director of Planning;
6) That the two green parking spaces in the rear yard be demarcated to the satisfaction of the
Director of Planning; and the demarcation to be maintained;
7) That the owner pay for the replacement cost of a City tree (or trees) on either 36 or 38
Gordon Avenue, to the satisfaction of the Director of Parks and Cemeteries, or designate;
and replace the removed tree(s) at one of the locations in consultation with Parks and
Cemeteries staff;
8) That the maximum width of the driveway be maintained at 2.6 metres;
9) That conditions #1 to 7 be completed by April 1, 2020. Any request for a time extension must
be approved in writing by the Manager of Development Review (or designate) prior to
completion date set out in this decision. Failure to complete the conditions will result in this
approval becoming null and void.
Sheryl Rice Menezes, CPT
Planning Technician (Zoning)
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
September 26, 2019
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
Re: Committee of Adjustment Meeting on October 15, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1. A 2019-106 — 78 Castlebay Street— No Concerns.
2. A 2019-107 — 38 Gordon Avenue — No Concerns.
3. A 2019-108 — 41 Moore Avenue — No Concerns.
4. A 2019-109 — 26 Baird Avenue — No Concerns.
5. A 2019-110 — 330 Manitou Drive Unit C — No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3115951
Page 1 of 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: October 7, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-094
205 Strange Street
A 2019-106
78 Castlebay Street
A 2019-107
38 Gordon Avenue
A 2019-108
41 Moore Avenue
A 2019-109
26 Baird Avenue
Applications for Consent:
B 2019-064 53 & 55 Perth Road
B 2019-065 210 Simeon Street
B 2019-066-071 253 Clark Avenue
GRCA COMMENT:
The above noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority
Staff Report
Development Services Department
1
R
www.ki tch en er. c a
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 15, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Andrew Pinnell, Planner— 519-741-2200 ext. 7668
WARD: 10
DATE OF REPORT: October 9, 2019
REPORT #: DSD -19-239
SUBJECT: A2019-108 — 41 Moore Ave
Owners — Robert and Linda Nelson
Approve Subject to Conditions
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REPORT
Planning Comments:
The property is located on the west side of Moore Avenue, between Louisa Street and Wellington Street,
in the KW Hospital Planning Community. The property is comprised partly of the eastern portion of a
former public laneway, which used to run between King Street and Moore Avenue. Another portion of the
lane, beginning at the rear lot line of the subject property and extending to King Street remains open and
public. The subject property is surrounded by the rear yards of those properties fronting onto Louisa and
Wellington Streets.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The subject property was formerly used for warehousing, but is currently vacant and vegetated. Retaining
walls outline large sections of the north, south, and west property boundaries. The property is 1,255
square metres in area and has 4.57m of frontage on Moore Avenue (the width of the former laneway). A
right-of-way for access to the two abutting properties on Moore Street, addressed as 37 and 43 Moore
Street, remains in effect. The property is designated Low Rise Conservation in the KW Hospital
Secondary Plan and is zoned Residential Five (R-5), with Special Use Provision 129U (prevents triplexes)
in the Zoning By-law. Planning staff visited the site on September 23, 2019.
In order to facilitate the development of a duplex, the applicant is requesting a minor variance to allow:
1. a minimum lot width of 4.57 metres, whereas the Zoning By-law requires 9.0 metres, and
2. a maximum front yard of 45.0 metres, whereas the Zoning By-law requires 4.67 metres.
It should be noted that the City's Residential Intensification in Existing Neighbourhoods Study (RIENS)
resulted in a zoning regulation that would prevent a garage from projecting beyond the front facade of
the habitable portion of the duplex (regulation 5.51D). Although the plans submitted with the application
form show a design that does not comply with this regulation, the owner has confirmed to Planning staff
these plans are conceptual and are provided simply to demonstrate that a duplex could fit on the subject
lot. The owner further stated that he intends to change the design of the proposed home to a back -split
layout with no garages. If this occurs, the duplex could be shorter than proposed in the plans submitted
(6-7 metres in height, rather than 9.5 metres). That said, the zoning would allow for many layouts / design
options for a duplex, as long as the regulations are complied with, including a max height requirement of
10.5 metres. Note that the design/layout provided as part of a future building permit application would
be required to comply with the above noted regulation.
The subject variances are being considered under By-law 85-1, rather than 2019-051 (CRoZBy), because
the subject area is within a Secondary Plan area and CRoZBy does not apply to secondary plan areas.
The KW Hospital Secondary Plan and associated zoning is currently being reviewed, but a new
secondary plan has not yet been proposed.
It should also be noted that in this case, in accordance with the RIENS study recommendation and
Section 39.2.1 and Appendix `H' of By-law 85-1, the maximum front yard (i.e., 4.67 metres) is calculated
by averaging the front yards of the abutting lots (i.e., 37 Moore Avenue and 43 Moore Avenue) and adding
1.0 metre.
General Intent and Purpose of Official Plan Test
The Low Rise Conservation designation policies state that duplex dwellings are a permitted use. In
addition, the KW Hospital Secondary Plan aims to retain the existing low rise, low density residential
character of the neighbourhood. Accordingly, the variances meet the general intent of the Official Plan.
General Intent and Purpose of Zoning By-law Test
The intent of the 9.0 metre lot width regulation is to ensure that an appropriately sized building can be
placed on the property. In this case, although the technical lot width is only 4.57 metres, the lot widens
to about 20 metres at approximately 28 metres from the front lot line (due to its irregular shape). This lot
width is more than sufficient to support the development of a duplex and associated parking, landscaped
area, etc.
The intent of the maximum front yard requirement is to ensure a consistent streetwall / streetscape is
established, for neighbourhood character purposes. In this case, a dwelling that fits into the existing
streetscape cannot be constructed on the property due to the lack of frontage. However, a building can
be constructed completely outside of the streetscape. If a variance is approved, the construction of a
duplex will not create a streetscape that is inconsistent or that degrades streetscape character.
The variances meet the general intent of the Zoning By-law for the reasons cited above.
"Minor" Test
The plan provided suggests that the subject property will be able to accommodate a duplex, appropriate
setbacks, and all facilities required to support the use, including parking, landscaping, amenity space,
etc. On-site trees would be protected to the extent possible and off-site trees would be fully protected
through a recommended tree preservation plan condition. Also, the variances would facilitate a low rise
use that is permitted by the current zoning. In this regard, the variances are minor in that they will not
create unacceptably adverse impacts on adjacent uses or lands.
Desirability for Appropriate Development or Use Test
The variances would facilitate low-density infill development of a permitted use, in an appropriate manner.
Also, by authorizing the variances, the owner would be required to undertake a Record of Site Condition
as part of the future building permit process, including possible remediation as a result of former
warehouse operations. This would improve the environmental condition of the property. Planning staff
is of the opinion that the variances are appropriate for the desirable development of the land.
For the abovementioned reasons, Planning staff is of the opinion that the variance requests should be
approved, subject to the conditions outlined below.
Building Comments:
The Building Division has no objections to the proposed variance provided the building permit for the new
residential building is obtained prior to construction. Record of Site Condition will be required to develop this
site with a residential use Please contact the Building Division @ 519-741-2433 with any questions.
Transportation Services Comments:
Transportation Services has no concerns with the subject application.
Engineering Comments:
No Engineering concerns.
Heritage Comments:
Heritage Planning staff has no concerns with this application. The Kitchener Cultural Heritage Landscape
Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by
Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased
Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property
municipally addressed as 41 Moore Avenue is located within the Mt Hope/Breithaupt Neighbourhood
CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal
Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with
specific conservation options.
Environmental Planning Comments:
Standard tree management condition to enter into an agreement to be registered on the title of the
property to complete and implement a Tree Preservation / Enhancement Plan prior to the issuance of
any building permit, and maintain that plan for the life of the development. Shared ownership trees will
be an issue for the proposed development.
Fire Services:
For infill projects, Fire Services has accepted a maximum of 105 metres, and can accept it in this case.
Furthermore, City by-laws require the address of the building to be visible from the street and, as such,
the owner is required to erect a sign at the entrance from the road. Also, the owner must demonstrate
that 60 metres of preconnect hose will reach all areas of the units from the street.
RECOMMENDATION
That Minor Variance Application A2019-108 requesting to relief from Zoning By-law 85-1 to allow:
A. a minimum lot width of 4.57 metres, whereas the Zoning By-law requires 9.0 metres, and
B. a maximum front yard of 45.0 metres, whereas the Zoning By-law requires 4.67 metres
be approved, subject to the following conditions:
1. Prior to issuance of a building permit for a building on the subject property, the owner
shall install municipal address signage in an appropriate location on the subject property
that is visible from Moore Avenue, to the satisfaction of the City's Chief Fire Official.
2. Prior to issuance of a building permit for a building on the subject property, the owner
shall prepare and submit a fire route plan, implement the plan as part of the building permit
process, and maintain the plan for the life of the development, to the satisfaction of the
City's Chief Fire Official.
3. Prior to the commencement of grading on the subject property, 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 subject property, which shall include the following:
a. That the owner shall prepare a Tree Preservation Plan for the subject property in
accordance with the City's Tree Management Policy, to be approved by the City's
Director of Planning and where necessary, implemented prior to any grading,
servicing, tree removal or the issuance of building permits. Such plans shall
include, among other matters, the identification of a proposed building
envelope/work zone, landscaped area and vegetation to be preserved.
b. The owner further agrees 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.
c. The owner agrees to maintain the subject property, in accordance with the approved
Tree Preservation Plan, for the life the development.
Andrew Pinnell, MCIP, RPP
Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Attach:
• "Existing Site Plan" submitted with application form
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MOSRIC AVC\ kE
Region of Waterloo
September 26, 2019
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
Re: Committee of Adjustment Meeting on October 15, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1. A 2019-106 — 78 Castlebay Street— No Concerns.
2. A 2019-107 — 38 Gordon Avenue — No Concerns.
3. A 2019-108 — 41 Moore Avenue — No Concerns.
4. A 2019-109 — 26 Baird Avenue — No Concerns.
5. A 2019-110 — 330 Manitou Drive Unit C — No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3115951
Page 1 of 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: October 7, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-094
205 Strange Street
A 2019-106
78 Castlebay Street
A 2019-107
38 Gordon Avenue
A 2019-108
41 Moore Avenue
A 2019-109
26 Baird Avenue
Applications for Consent:
B 2019-064 53 & 55 Perth Road
B 2019-065 210 Simeon Street
B 2019-066-071 253 Clark Avenue
GRCA COMMENT:
The above noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority
To Whom it May Concern;
Andrew Pinnel (planner, Planning Division, COK) andrew.pinnel@kitchener.ca 519-741-
2200 ext. 7668
Dianna Saunderson
From;
Note: deadline for submissions unknown
dianna.saunderson(@kitchener.ca
Re: 2019-108 41 Moore Ave Application for Minor Variance, site plan, related issues
submission (subsequent to conversation with Andrew Pinnell on 08OC2019)
Procedural:
-insufficient time before hearing for all interested parties (incl., COK Fire, EMS, Water and sewer,
Snow/Maintenance) and affected area residents to respond responsibly and completely.
-when was the application made? Is it accurate?
-sign went up/notices prepared 27SE2019, only 18 days (into statutory holiday) for parties to respond.
INSUFFICIENT TIME!
-site plan submitted;
-is it the truly intended plan or a facsimile/other? (formally submitted and paid for?)
-does not reflect/indicate the complicated terrain (actual property line vis a vis existing concrete
walls on three sides of lot) nor existing, abutting structures (multiple fences, garages, hydro poles etc...)
Variances:
-neither are 'minor', roughly 100% and 1000% respectively
-and in COMBINATION are far more contrary to by-law rationale, and create a problematic if not
dangerous bottleneck with regard to issues raised below
Other COK Departments (consulted? Conclusions?)
-Fire and EMS:
-there has been a fire on this property previously causing damage and threats to adjacent
properties (c. 1993??) and revealed commensurate challenges in Fire response.
-even a future, closer hydrant (if not buried in snow) would not improve responder's access
through snowbanks, parked or incapacitated vehicles or other potential obstacles along narrow laneway
past bracketing homes and garages and driveways/parking/their cars.
-Water/Sewer/Storm drains and Road Maintenance/snow removal
-where/how will so many sq. ft. of snow and ice be deposited? And what equipment and
intrusion onto Moore Ave. would it entail
-would it present problems when this concrete wall enclosed envelope's snow melts and
proceeds downslope to Moore Ave. and homes to either side of the laneway?
Environmental Impacts:
-how would mature walnut trees be affected (#1 at wall to the west at City laneway from King St., and
#2 further northeast on Louisa resident's rear yard)
-who owns west wall tree (and fence, and wall)? This is an unresolved dispute. (Tammy Shirle of 33
Louisa St./ Mike Niederer COK).
-is a tree/root preservation review not warranted?
-will structure(s) vents/exhausts and 1.2 M proximity to longstanding walls/fences/garages etc...
present other negative environmental or health issues (and in conjunction with snow, shade...)?
Residential Impacts (hardly limited to those below listed):
-X notices issued multiplied by # of occupants per home would result for many people and households
considerable and cumulative negative impact (inclluding concomitant real-estate and financial loss),
-Louisa St. properties adjacent have tiny back yards (mine 18 ft in depth north to south, wall/fence and
garage on west and east respectively). The proposed structure would block nearly all of the remaining
sunlight to my grass, gardens and my only south facing windows. Others face near identical impacts
given 1.2m offset indicated.
Construction/Future Logistical
-has any consideration/consultation with regard to the ongoing condominium project underway (across
Moore St./Google parking lot) and that project's entry/exit and 'corner park' implications, including
further congestion
-how might the construction purported in the application itself affect or imperil Occupants and property
of Moore Ave. 'Choke Point' owners? Has any action been specifically taken to apprise these profoundly
impacted?
Previous Negative ruling with regard to essentially identical Application for Adjustment
-what was the reasoning supporting that determination, and is this available to all parties, and how?
-what, if anything has changed (materially or policywise... ) since that judgement?
I realize that these are a great many questions. I believe they merit consideration and investigation if
not outright answers or solutions.
GIVEN THE GREAT COMPLEXITY AND BROAD IMPACT OF THIS APPLICATION, we respectfully request that
the hearing for this application be (if not denied) DEFERRED TO ALLOW SUFFICIENT TIME FOR ALL
CONCERNED to address the points raised above.
Sincerely,
To: The City of Kitchener Committee of Adjustment
Meeting Tuesday October 15, 2019
Council Chamber, Kitchener City Hall
RE: Application for minor variance (zoning) A2019-108-41 Moore Avenue.
The application requests permission to construct a duplex on a lot having a width of
4.57m rather than the required 9m; and, a front yard setback of 45m rather than the
maximum permitted front yard setback of 4.67m.
The application is essentially identical in its request to the application A2008-026,
considered by the Committee of Adjustment on May 20, 2008, which was refused. It
was the opinion of the Committee that the variance was not minor in nature. Moreover,
the 2008 application was not desirable for the appropriate development of the property.
There are three major concerns we have with this application.
First, we participated in the conversation held in 2008 for this application, which in part
focused on fire safety. While our neighbours who witnessed the fire that destroyed the
previous building have since passed, I recall their description of the difficulties the fire
fighters had in tackling the blaze given limited frontage access to the building. The
proposed building plans indicate buildings would be 3.14m from the north and south
property lines, which is less than 3m from the existing concrete retaining walls. This
would not provide sufficient room for emergency access, placing several residential
homes at risk.
Second, we have been patiently in conversation with Municipal Law Enforcement Officer
Mike Niederer regarding determination of where precisely the property line for 41 Moore
falls. In particular, there is some confusion regarding responsibility for the broken fence
and large walnut tree that is atop the wall at the end of the City's alley. Once this is settled
we will have better sense of the implications of the building plan. With the short notice of
this application we have not been able to finalize those conversations or properly review
existing land surveys.
Third, it is not clear to us how final these plans are for the proposed duplex. We are very
concerned that expansions or revisions will not require consultations with members of
the community.
Thank you for your time and consideration.
Sincerely,
October 9, 2019
Re: Application for Minor Variance A-2019-108-41 Moore Avenue
From:
This letter is in response to the above proposed application to construct a duplex at 41
Moore Avenue. The application requests permission to construct a duplex on a lot
having a width of 4.57m rather than the required 9m; and a front yard setback of 45m
rather than the maximum permitted front yard setback of 4.67m.
This irregular shaped property consists of a long shared laneway bracketed between
two existing homes (37 & 43 Moore Street, garage and parking in their rear yards)
opening to a larger parcel of land in the centre of the Moore/Wellington/King/Louisa
Street block. This property abuts the rear yards of the surrounding homes. The King
Street border is a 15+ foot retaining wall to elevated properties above.
We have the following comments and concerns regarding this application.
This Minor Variance Application request is nearly identical in its request to the
2008 application which was denied citing the variance was not minor in nature
and the application was not desirable for the appropriate development of the
property. This current application is also not minor in nature and would not be
desirable for the appropriate development of the property.
The size of the building footprint and the height of the building (9m/30 feet) is too
large and intrusive for this property. Multiple vehicle parking and usage is also
not desirable.
2. Entrance/laneway: This property has no visibility from the street. The existing
lane is shared by the two adjacent homes (37 & 43 Moore). The lane is narrow
and paved to the maximum (43 Moore) touching the home's sidewalk and stairs
and there is limited ability to widen into the side yard (37 Moore). There is no
ability to widen this laneway sufficiently to permit two-way traffic and/or
emergency vehicles and widening would encroach on these properties.
3. Fire/EMS: Just prior to our purchase in, there was a fire at one of the now
demolished single story warehouses at oore and the fire truck was unable to
get into the property via the laneway to contain the fire and the fire spread to
surrounding garages. Our garage was one of these.
Rear yards of the surrounding properties are no more than 15 or 20 feet in depth
and garages, sheds, and fences are in immediate proximity (less than 10 feet)
from the proposed building. Should snow bank accumulation or a vehicle impede
or block access, there is a real potential for this to occur again due to the depth
of this property and" land -locked" nature of proposed building. The closest fire
hydrant is at Moore and Louisa Streets.
EMS as per above, limited or potential impeded access.
4. Privacy/Suitability: Our primary concerned is with privacy and the suitability of
this property for residency. The rear yards of the surrounding properties are
already very small (15 or 20 feet depth) and look out/face into this property.
Proposed side setback of 3.1 m / 10 feet is insufficient to have a sense of privacy
in one's back yard and property lines have shifted over time which may leave this
setback considerably less. Privacy for the tenants of this proposed duplex and
the privacy of the surrounding neighbours would be compromised resulting in
loss of enjoyment for all.
5. Sunlight reduction/Light pollution: The height of the proposed building (9m / 30
feet) will result in a significant loss of sunlight to the surrounding homes and rear
yards which are already very small (15 to 20 feet in depth). Conversely, outdoor
and interior building lighting would shine into our yard and bedrooms and the
surrounding homes.
6. Vehicle noise/exhaust fumes: Noise and exhaust from vehicles on the property
would effectively be in the rear yard of the surrounding properties.
7. Trees: The health of the roots and overhang of large trees on the surrounding
properties (Walnut, Red Maple, and existing Maple on property) would be
compromised by the foundation and paved parking area. Hydro pole with
overhead telephone services wires located on this property are connected to the
surrounding homes and would need to be relocated.
8. For future consideration: This has been a stable block of single family homes
with recent and coming intensive high-rise residential development in the
surrounding blocks. Public green space is sorely absent in the "Mid -Town" area.
Further consultation is requested with the City Parks Department to consider
purchasing this parcel for a playground, park, dog park or community garden and
a query will be made to the owners of the property to determine interest in selling
to the City of Kitchener or possibly adjoining residents to expand their rear yards.
With limited notice of this hearing, these conversations have not been finalized.
For the above reasons, we respectfully request that Application A-2019-108 — 41 Moore
be declined.
Staff Report
Development Services Department
1
R
www.ki tch en er. c a
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
October 15', 2019
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Tim Seyler, Junior Planner — 519-741-2200 ext. 7860
WARD:
1
DATE OF REPORT:
October 4t", 2019
REPORT #:
DSD -19-240
SUBJECT:
A2019-109 — 26 Baird Avenue
Applicant — Vanessa Kranjec on behalf of Jose & Mari Borges
Approve as AMENDED
Location Map: 26 Baird Avenue
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property located at 26 Baird Avenue is zoned Residential Four Zone (R-4), and designated
Low Rise Residential in the City's Official Plan. The applicant is requesting relief from Section 6.1.1.1.b)
iv) of the Zoning By-law to locate a driveway 5.97 metres from the intersection of street lines abutting the
lot rather than the required setback of 9 metres.
Through the review of the application, it has come to staff's attention that the requested variance of 5.97
metres from the intersection of street lines, would not be sufficient to meet the applicant's needs to create
a parking space. The original setback distance requested of 5.97 metres, would not permit a car to exit
the garage without affecting the newly created parking space. As such staff recommends that the
application be AMENDED to request to locate a driveway 5.0 metres from the intersection of street lines
abutting the lot rather than the required setback of 9 metres. Staff is of the opinion that this modification
to the application does not require additional notice as sufficient notice has been issued.
City Planning staff conducted a site inspection of the property on October 1St, 2019.
26 Baird Avenue
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
General Intent of Official Plan
1. The subject property is designated Low Rise Residential in the Official Plan. The Residential
designation in the Official Plan places emphasis on compatibility of building form with respect to
massing, scale and design in order to support the successful integration of different housing types.
It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior
areas. The requested variance meets the general intent of the Official Plan, because the proposed
variance conforms to the designation and it is the opinion of staff the requested variance is
appropriate.
General Intent of Zoning By-law
2. The lands are zoned Residential Four (R-4). The intent of the 9.0 metre setback from an
intersection in Zoning By-law 85-1, is to ensure that there are no obstructions within the corner
visibility triangle (CVT), thus ensuring vehicles entering and exiting the intersection can do so
safely. The corner visibility triangle as indicated on the revised concept sketch below, shows the
reduced CVT of 7.5 metres that is being supported through the Comprehensive Review of the
Zoning By-law (CroZBy) 2019-051. The parking spaces, as well as the driveway are located
outside of the new proposed CVT dimensions. It is not anticipated that the proposed driveway will
create an obstruction to visibility and not expected to result in any negative impacts on the adjacent
residential properties. Furthermore, staff is of the opinion that the driveway apron and curb of the
existing driveway should not be permitted to be widened. Therefore, the general intent of the Zoning
Bylaw continues to be maintained.
Application is Minor
3. The reduction in setback of 4.0 metres can be considered minor as it is not expected to cause any
obstructions in the Corner Visibility Triangle (CVT). Furthermore, the proposed CVT in CroZBy 2019-
051, has a reduced size of 7.5 metres instead of 9.0 metres in 85-1, thus the new reduction in setback
would be reduced to 2.5 metres, and can be considered minor. This reduced setback from the
intersection will continue to allow vehicles to have safe ingress/egress for the site and represents a
small reduction in the requirement.
Application is Appropriate
4. The requested variance is not anticipated to impact any of the adjacent properties or the surrounding
neighbourhood. Therefore, the variance is appropriate for the development and use of the land.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
Based on the updated plan received October 4, 2019, Transportation Services can support this
application.
Environmental Comments:
No environmental planning concerns.
Heritage Comments:
Heritage Planning staff has no concerns with this application.
26 Baird Avenue — Revised Concept October 4, 2019
RECOMMENDATION
That minor variance application A2019-109 requesting permission to locate a driveway 5.Om from
the intersection of Baird Avenue and Bettley Crescent, whereas a setback of 9 metres is required
be approved as AMENDED.
Tim Seyler, BES
Junior Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
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26 Baird Avenue — Revised Concept October 4, 2019
RECOMMENDATION
That minor variance application A2019-109 requesting permission to locate a driveway 5.Om from
the intersection of Baird Avenue and Bettley Crescent, whereas a setback of 9 metres is required
be approved as AMENDED.
Tim Seyler, BES
Junior Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
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26 Baird Avenue — Revised Concept October 4, 2019
RECOMMENDATION
That minor variance application A2019-109 requesting permission to locate a driveway 5.Om from
the intersection of Baird Avenue and Bettley Crescent, whereas a setback of 9 metres is required
be approved as AMENDED.
Tim Seyler, BES
Junior Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
September 26, 2019
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
Re: Committee of Adjustment Meeting on October 15, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1. A 2019-106 — 78 Castlebay Street— No Concerns.
2. A 2019-107 — 38 Gordon Avenue — No Concerns.
3. A 2019-108 — 41 Moore Avenue — No Concerns.
4. A 2019-109 — 26 Baird Avenue — No Concerns.
5. A 2019-110 — 330 Manitou Drive Unit C — No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3115951
Page 1 of 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: October 7, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-094
205 Strange Street
A 2019-106
78 Castlebay Street
A 2019-107
38 Gordon Avenue
A 2019-108
41 Moore Avenue
A 2019-109
26 Baird Avenue
Applications for Consent:
B 2019-064 53 & 55 Perth Road
B 2019-065 210 Simeon Street
B 2019-066-071 253 Clark Avenue
GRCA COMMENT:
The above noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority
1
Staff Report
-Ki R Community Services Department www.krtchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 15, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844
WARD: 3
DATE OF REPORT: October 9, 2019
REPORT #: DSD -19-241
SUBJECT: A 2019-110 — 334 Manitou Drive
Applicant — Willy Hoover
Owner — Grandridge Properties Inc (George Mouradian)
Approve with Conditions
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REPORT
Planning Comments:
The property is zoned M-4, 34U in By-law 85-1 and EMP -2 in By-law 2019-051 and is designated as
Heavy Industrial Employment in the Official Plan. Staff visited the site on September 26, 2019.
The applicant is requesting permission to permit a fitness centre with a maximum gross floor area of 200
square metres in a multi -tenant building without being accessory to a permitted use, whereas the By-law
2019-051 requires a fitness centre to be an accessory use to a permitted use.
Staff notes that a variance is not required under By-law 85-1. An application for the minor variance is
required to vary By-law 2019-051 which is currently under appeal. This is to ensure that the use
permitted under 85-1 will continue to be permitted and will not be legal non -conforming once 2019-051
is in effect.
Multi -tenanted industrial building
Planning Comments:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
General Intent of the Official Plan
The property is designated Heavy Industrial Employment in the City's Official Plan. Section 15.D.6.25 states
that in addition to heavy industrial uses, a variety of industrial uses typically found in the General Industrial
Employment areas may also be permitted provided they are not incompatible with heavy industrial activities.
Further, Section 15.D.6.18 (General Industrial Employment) permits a number of accessory or ancillary uses
that support the primary function of the designation. This includes uses such as restaurants, fitness centres
and day care facilities which will be permitted provided they are located within a building containing at least
one primary permitted industrial employment use; the individual unit does not exceed 1,500 square metres
of gross floor area and they will not conflict or interfere with the satisfactory operation or development of the
lands for industrial employment purposes.
The proposed fitness centre will occupy approximately 200 square metres in a building with a gross floor
area of 2,234 square metres. The primary uses of the building include a warehouse, tradesman or
contractor's establishment and building material sales with accessory office use(s). The proposed fitness
centre will occupy less than 10% of the building area and staff is of the opinion that it will not conflict with the
development of the industrial employment uses already on the site and can be considered to meet the
general intent of the Official Plan by being accessory to the primary uses already established in the building.
General Intent of the Zoning By-law
The subject lands are zoned M-4, 34U, in By-law 85-1. This zone permits the proposed fitness centre as a
`private club' (defined as a building, or part thereof, used for social, literary, cultural, political, education or
recreational purposes which is operated for the exclusive use of members and their guests). The proposed
use under By-law 85-1 is permitted and meets all regulations of that by-law, including the parking
requirement, and therefore a variance to 85-1 is not required.
However, the subject lands are also zoned EMP -2 in By-law 2019-051 (under appeal). The EMP -2 zone
permits a `fitness centre' only if it is an accessory use to at least one permitted use listed in the EM P-2 section
and provided that it does not exceed 1,500 square metres gross floor area. As the applicant is proposing a
fitness centre as a primary use that is not accessory to another use, a variance to 2019-051 is required. The
intent of the regulation is to ensure that a fitness centre is not the primary use on the property and that is
does not negatively impact the industrial uses on the site. As the area of the business is less than 10% of
the total floor area, and other permitted uses that are primary to the building exist, staff is of the opinion that
the proposed variance meets the general intent of the Zoning By-law.
Minor
As noted above, under By-law 2019-051, the proposed use of a fitness centre meets the general intent of
by-law in that it is accessory to the building and therefore to other uses already existing in the building and
it will occupy a small portion of the overall building floor area. It will not negatively impact the existing
industrial uses already established in the building. Consequently, staff is of the opinion that the requested
variance is minor.
Appropriate Development
As noted above, the proposed use of one unit in this multi -tenant building can be considered as though it
were accessory to the industrial uses of the entire building. It will not impact the general industrial uses
already existing or any future industrial uses that occupy the building, nor impact any uses on abutting
properties. Therefore, staff is of the opinion that the variance is appropriate for the development of the
property and surrounding streetscape.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below in the Recommendation section of this report.
Building Comments: The Building Division has no objections to the proposed variance provided a building
permit for the renovation to the commercial building is obtained prior to construction. Please contact the
Building Division @ 519-741-2433 with any questions.
Transportation Services Comments: Transportation Services have no concerns with this application.
Engineering Comments: No comments.
Heritage Planning Comments: No comments.
Environmental Planning Comments: No concerns.
RECOMMENDATION:
That application A 2019-110 requesting permission under Section 10.2 — Table 10-1 (EMP -2) to
permit a fitness centre with a maximum gross floor area of 200 square metres in a multi -tenant
building without being accessory to a permitted use whereas the By-law 2019-051 requires a
fitness centre to be an accessory use to a permitted use, be approved, subject to the following
conditions:
1) That the minor variance shall become effective only at such time as Zoning By-law
2019-51 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; and,
2) That a Zoning (Occupancy) Certificate is submitted to the Planning Division.
Sheryl Rice Menezes, CPT
Planning Technician (Zoning)
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
September 26, 2019
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
Re: Committee of Adjustment Meeting on October 15, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1. A 2019-106 — 78 Castlebay Street— No Concerns.
2. A 2019-107 — 38 Gordon Avenue — No Concerns.
3. A 2019-108 — 41 Moore Avenue — No Concerns.
4. A 2019-109 — 26 Baird Avenue — No Concerns.
5. A 2019-110 — 330 Manitou Drive Unit C — No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3115951
Page 1 of 1
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1 R 5W6
Resource Management Division Phone: (519) 621-2761 ext. 2228
Andrew Herreman, Resource Planning Fax: (519) 621-4945
Technician E-mail: a herrema n@g rand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: October 7, 2019 YOUR FILE: A 2019-110
GRCA FILE: A2019-110 — 334 Manitou Drive, Unit C
RE: Minor Variance Application A 2019-110
334 Manitou Drive, Unit C, City of Kitchener
George Mouradian
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor
variance application. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the subject lands contain erosion
hazards, a wetland, and the regulated allowance adjacent to these features. A copy of our
resource mapping is attached.
2. Legislative/Policy Requirements and Implications:
The minor variance application is requesting permission to allow a fitness centre within a
multi -tenant building without being an accessory to a permitted use. Based on a discussion
with the applicant, it is our understanding that no changes to the exterior of the building or
parking lot are proposed as a result of this application. As such, the GRCA has no objection
to the proposed minor variance application.
Due to the presence of the above -noted features, a majority of the subject property is
regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation.
Any future development on the subject lands will require the prior issuance of a permit
pursuant to Ontario Regulation 150/06. The permit process involves the submission of a
permit application to this office, the review of the application by Authority staff and the
subsequent approval/refusal of the permit application by the GRCA.
3. Plan Review Fees:
This application is a `minor' minor variance application and the applicable plan review fee is
$270.00. With a copy of this correspondence, the applicant will be invoiced in the amount of
$270.00.
N:\Resource Management Division\Resource Planning\Waterloo Reg ion\KITCHENER\2019\Minor Vadance\A2019-110 Pagel of 2
334 Manitou DriveVQ019-110 - 334 Manitou Drive, Unit C.docx
* These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand
River Conservation Authority
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
a
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Encl.
cc: George Mouradian — 334 Manitou Drive, Unit A, Kitchener, ON N2C 1 L3
N:\Resource Management Division\Resource Planning\Waterloo Reg ion\KITCH ENER\201 9\Minor Variance1H2019-110 Page 2 of 2
334 Manitou Drive\A2019-110 - 334 Manitou Drive, Unit C.docx
• These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand
River Conservation Authority
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www.kitchener.ca
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
October 15, 2019
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Richard Kelly-Ruetz, Junior Planner, 519-741-2200 ext. 7110
WARD:
9
DATE OF REPORT:
October 7, 2019
REPORT #:
DSD -19-242
SUBJECT:
55 Perth Road —Application: B2019-064
Owner(s): Jovica Miljevic; Nicholas Ryan Bron; Tatiana Bron; Branka
Vasic
Summarized Recommendation: Approve Consent Applications Subject
to Conditions
REPORT
Planning Comments:
The subject property is located at 55 Perth Road and is designated Low Rise Residential in the City's Official
Plan and Zoned Residential Five (R-5) in Zoning By-law 85-1. The properties are located near the
intersection of Belmont Avenue East and Queens Boulevard in the Southdale Planning Community. A site
inspection was done on October 3 2019. The lot currently contains a semi-detached dwelling under
construction. The surrounding neighbourhood is comprised primarily of low density residential uses. The
subject property is shown below.
Existing Conditions and Location Map — 55 Perth Road
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The applicant is proposing to sever the subject property and create two new lots fronting Perth Road. The
proposal is illustrated below.
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PERTH ROAD
B-38 I 8.36
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Consent Considerations
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O.
1990, c.P.13, the proposed consent request is not premature and is in the public interest. The proposal
conforms to the City's Official Plan. The proposed lot fronts onto an established public street with
adequate municipal services. The dimension and shape of the proposed new lot is consistent with
surrounding lots in the neighbourhood. The severed land and new lot is suitable for future residential
development and proposed to be developed with a semi-detached dwelling unit, a permitted residential
use.
The severed lot complies with the regulations of the Residential Five (R-5) zone and is consistent with
the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The
proposed lot and proposed land use is compatible with the existing surrounding community.
On this basis, Planning staff recommends that all of the above referenced applications be approved,
subject to the conditions outlined in the Recommendation section of this report.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Should a severance be approved, additional services will be required for
severed lot.
Transportation Services Comments:
Transportation Services has no concerns with the proposed applications.
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new services that may be required to service this property, all prior to
severance approval. Our records indicate municipal sanitary, storm and water services are
currently available to service this property. Any further enquiries in this regard should be directed
to Niall Melanson (519-741-2200 ext. 7133).
• Any new driveways are to be built to City of Kitchener standards. All works is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.)
with corresponding layer names and asset information to the satisfaction of the Engineering
Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as a new development lot
will be created. The cash -in -lieu dedication required is $3,854.80.
Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by
the lineal frontage (8.38m) at a land value of $9,200 per frontage metre.
Region Comments:
Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the
creation of a new lot.
Regional staff has no objection to the applications, subject to the following conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the
Consent Application Review Fee of $350.00.
Bell Comments:
Bell Canada has no concerns with Application for Consent B2019-064 regarding 53 and 55 Perth Road.
RECOMMENDATION
That Consent Application B2019-064 at 55 Perth Road, requesting consent to sever the subject
property into two lots, 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(ies) to the satisfaction of the
City's Revenue Division;
2. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication
on the severed parcel equal in the amount of $3,854.80. The park land dedication is
calculated at the residential rate of 5% of the per metre lineal frontage land value for the
severed portion.
3. That the owner provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or.dgn (Microstation) format, as well as two full
size 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.
4. That the Owner make financial arrangements to the satisfaction of the City's Engineering
Division for the installation of any new service connections to the severed and/or retained
lands.
5. That any new driveways be built to City of Kitchener standards at the Owner's expense
prior to occupancy of the building to the satisfaction of the City's Engineering Division.
6. That the Owner provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
7. That the Owner submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with
a digital submission of all AutoCAD drawings required for the site (Grading, Servicing
etc.) with the corresponding correct layer names and numbering system to the
satisfaction of the Director of Engineering Services.
8. That the Owner provides Engineering staff with confirmation that the basement elevation
can be drained by gravity to the street sewers. If this is not the case, then the owner
would have to pump the sewage via a pump and forcemain to the property line and have
a gravity sewer from the property line to the street to the satisfaction of the Director of
Engineering Services.
9. That, prior to final approval, the applicant submits the Consent Application Review Fee of
$350.00 to the Region of Waterloo.
Richard Kelly-Ruetz, BES
Junior Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
D20-20/19 KIT
October 3, 2019
Re: Comments for Consent Application B2019-064 through
B2019-071
Committee of Adjustment Hearing October 15, 2019
CITY OF KITCHENER
B2019-64
53 and 55 Perth Road
Jovica Miljevic
The owner/applicant is proposing a severance to permit the construction of a semi-
detached dwelling.
Fee:
The owner/applicant must submit the consent review fee of $350.00 to the Region of
Waterloo prior to final approval of the consent application.
Airport Regulations:
For informational purposes, Regional Staff advise the owner/applicant of the severed
and retained lands that these properties are located under the airport runway take -off
approach surface; and are subject to Region of Waterloo Airport Zoning regulations.
The occupants would be subject to presence and noise from the flying aircrafts.
For any further information in this regard, please contact Kevin Campbell, Project
Manager, Airport Construction and Development @ 519 648-2256 ext. 8511 Email:
KCampbell(a)-regionofwaterloo.ca
Document Number: 3121471 Version: 1
Record of Site Condition:
The lands adjacent to the rear property line of 53/55 Perth Road are identified as a
known threat in the Region's Threats Inventory Database (TID). The proposed threat
indicator is associated with a former landfill on the adjacent lands. As per the Region's
Implementation Guidelines for the Review of Development Applications on or Adjacent
to Known and Potentially Contaminated Sites the subject property would require a
completed Record of Site Condition for both the severed and retained parcels prior to
final approval of the consent application as the proposal seeks to divide a sensitive use
into separate parcels of land that could be held in distinct and separate ownership.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
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.
B2019-65
210 Simeon Street
Esther Geiger and Charles Whitlock
Fee:
Regional Staff do not require a consent review fee as the proposed application is not
creating a new lot.
The owner/applicant is proposing to sever the rear portion of 210 Simeon Street to be
added to the rear of 162 Pandora Avenue North.
Regional staff has no objection to the subject application
B2019-66 to B2019-071
253 Clark Avenue
JC Group
The owner/applicant is submitting six consent applications for the subject lands to
create a total of seven new residential lots.
Fee:
The owner/applicant must submit the consent review fee of $350.00 per new lot created
($350.00 x 6 =$2,100) to the Region of Waterloo prior to final approval of the consent
application.
Document Number: 3121471 Version: 1
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2019.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00 per new lot created.
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff
reports, decisions and minutes pertaining to each of the consent applications noted
above. Should you require Regional Staff to be in attendance at the meeting or have
any questions, please do not hesitate to contact the undersigned.
Yours truly,
?..6*::; -
Matthew Colley
Planner
Document Number: 3121471 Version: 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: October 7, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-094
205 Strange Street
A 2019-106
78 Castlebay Street
A 2019-107
38 Gordon Avenue
A 2019-108
41 Moore Avenue
A 2019-109
26 Baird Avenue
Applications for Consent:
B 2019-064 53 & 55 Perth Road
B 2019-065 210 Simeon Street
B 2019-066-071 253 Clark Avenue
GRCA COMMENT:
The above noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority
Staff Repod
Development Services Department
1
wax
www.kitchen er. ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 15, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Andrew Pinnell, Planner— 519-741-2200 ext. 7668
WARD: 10
DATE OF REPORT: October 9, 2019
REPORT #: DSD -19-243
SUBJECT: Application No. B2019-065
Address: 210 Simeon Street
Applicant: Joan and Edmund Pries
Owner: Esther Geiger and Charles Whitlock
Summarized Recommendation: Approve Subject to Conditions
Figure 1: Subject Property and Recipient Parcel
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject property is located on the east side of Simeon Street, north of Pandora Avenue, in the
Auditorium Planning Community. The property contains a single detached dwelling and is approximately
13.1 metres wide, 34.1 metres deep, and has an area of 428.5 square metres. The neighbourhood is
primarily composed of single detached dwellings, most of which were constructed in the 1920s and
1930s.
The property is designated Low Rise Residential on the Land Use map of City's Official Plan, and is
identified as Community Area on the Urban Structure map. The property is presently zoned Residential
Four Zone (R-4) in Zoning By-law 85-1. Planning staff visited the property on September 23, 2019.
The applicant is requesting consent to sever a rectangular parcel of land with an approximate depth of
10.3 metres, a width of 12.25 metres, and an area of 126.3 square metres, and convey it to the property
addressed as 162 Pandora Avenue North, as a lot addition. The purpose of this application is to increase
the rear yard of 162 Pandora Avenue for a garden.
The retained parcel would have an approximate width of 13.1 metres, a depth of 23.8 metres, and an
area of 302.2 square metres. No minor variances are required to facilitate the requested lot addition.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O.
1990, c.P.13, the uses of the resultant parcels conform to the City's Official Plan per Section 24(4) of the
Planning Act, the dimensions and shapes of the resultant parcels are appropriate and suitable for the
existing and proposed uses, the resultant parcels front onto established public streets, and the resultant
parcels will be serviced with independent, adequate municipal service connections. The requested
consent for lot addition will allow the property owners of 162 Pandora Avenue to have greater enjoyment
of their property while not compromising the usability or character of the affected lots or neighbourhood.
Based on the foregoing, Planning staff recommends that the subject application be approved, subject to
the conditions outlined in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Services Comments:
Transportation Services has no concerns with this application.
Engineering Services Comments:
Engineering has no concerns as the severed portion is being conveyed to an existing serviced property.
Environmental Planning Comments:
Environmental Planning staff recommend a standard tree management condition requiring the owner to
enter into an agreement, to be registered on the title of the severed lands, to complete and implement a
Tree Preservation / Enhancement Plan prior to the issuance of any future building permit, and maintain
that plan for the life of the development. Shared ownership trees will be an issue for any new construction
/ development.
Heritage Comments:
Heritage Planning staff has no concerns with this application. The Kitchener Cultural Heritage Landscape
Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by
Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased
Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property
municipally addressed as 210 Simeon Street is located within the Pandora Neighbourhood CHL. The
owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage
Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific
conservation options.
Operations Comments:
Parkland dedication is not required for this application as no new developable lot has been created.
RECOMMENDATION
That Consent Application B2019-065, requesting consent to sever a parcel of land with an
approximate width of 12.2 - 12.3 metres, a depth of 10.3 metres, and an area of 126.3 square
metres, from the parcel of land described as Part of Lots 41 and 43, Registered Plan 284
(municipally addressed as 210 Simeon Street), and convey it to the parcel of land described as
Part of Lots 42 to 45, Registered Plan 284 (municipally addressed as 162 Pandora Avenue North),
as a lot addition, as shown on the Sketch for Planning Purposes — 210 Simeon Street, prepared
by McKechnie Surveying, dated August 7, 2019, 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(ies) to the satisfaction of the City's
Revenue Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of the
City's Mapping Technologist.
3. That the lands to be severed be added to the abutting lands described as Part of Lots 42 to
45, Registered Plan 284 (municipally addressed as 162 Pandora Avenue North), and title be
taken into identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3)
and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application
Consolidation Parcels immediately following the registration of the Severance Deed and
prior to any new applicable mortgages, and to provide a copy of the registered Application
Consolidation Parcels to the City Solicitor within a reasonable time following registration.
5. Prior to the commencement of any grading on the severed lands, 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 lands, which shall include the following:
a. That the owner shall prepare a Tree Preservation Plan for the severed lands in
accordance with the City's Tree Management Policy, to be approved by the City's
Director of Planning and where necessary, implemented prior to any grading,
servicing, tree removal or the issuance of building permits. Such plans shall
include, among other matters, the identification of a proposed building
envelope/work zone, landscaped area and vegetation to be preserved.
b. The owner further agrees 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.
c. The owner agrees to maintain the severed lands, in accordance with the approved
Tree Preservation Plan, for the life the development.
Andrew Pinnell, MCIP, RPP
Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Attachment:
• Sketch for Planning Purposes — 210 Simeon Street, prepared by McKechnie Surveying, dated
August 7, 2019.
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Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
D20-20/19 KIT
October 3, 2019
Re: Comments for Consent Application B2019-064 through
B2019-071
Committee of Adjustment Hearing October 15, 2019
CITY OF KITCHENER
B2019-64
53 and 55 Perth Road
Jovica Miljevic
The owner/applicant is proposing a severance to permit the construction of a semi-
detached dwelling.
Fee:
The owner/applicant must submit the consent review fee of $350.00 to the Region of
Waterloo prior to final approval of the consent application.
Airport Regulations:
For informational purposes, Regional Staff advise the owner/applicant of the severed
and retained lands that these properties are located under the airport runway take -off
approach surface; and are subject to Region of Waterloo Airport Zoning regulations.
The occupants would be subject to presence and noise from the flying aircrafts.
For any further information in this regard, please contact Kevin Campbell, Project
Manager, Airport Construction and Development @ 519 648-2256 ext. 8511 Email:
KCampbell(a)-regionofwaterloo.ca
Document Number: 3121471 Version: 1
Record of Site Condition:
The lands adjacent to the rear property line of 53/55 Perth Road are identified as a
known threat in the Region's Threats Inventory Database (TID). The proposed threat
indicator is associated with a former landfill on the adjacent lands. As per the Region's
Implementation Guidelines for the Review of Development Applications on or Adjacent
to Known and Potentially Contaminated Sites the subject property would require a
completed Record of Site Condition for both the severed and retained parcels prior to
final approval of the consent application as the proposal seeks to divide a sensitive use
into separate parcels of land that could be held in distinct and separate ownership.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
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.
B2019-65
210 Simeon Street
Esther Geiger and Charles Whitlock
Fee:
Regional Staff do not require a consent review fee as the proposed application is not
creating a new lot.
The owner/applicant is proposing to sever the rear portion of 210 Simeon Street to be
added to the rear of 162 Pandora Avenue North.
Regional staff has no objection to the subject application
B2019-66 to B2019-071
253 Clark Avenue
JC Group
The owner/applicant is submitting six consent applications for the subject lands to
create a total of seven new residential lots.
Fee:
The owner/applicant must submit the consent review fee of $350.00 per new lot created
($350.00 x 6 =$2,100) to the Region of Waterloo prior to final approval of the consent
application.
Document Number: 3121471 Version: 1
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2019.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00 per new lot created.
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff
reports, decisions and minutes pertaining to each of the consent applications noted
above. Should you require Regional Staff to be in attendance at the meeting or have
any questions, please do not hesitate to contact the undersigned.
Yours truly,
?..6*::; -
Matthew Colley
Planner
Document Number: 3121471 Version: 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: October 7, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-094
205 Strange Street
A 2019-106
78 Castlebay Street
A 2019-107
38 Gordon Avenue
A 2019-108
41 Moore Avenue
A 2019-109
26 Baird Avenue
Applications for Consent:
B 2019-064 53 & 55 Perth Road
B 2019-065 210 Simeon Street
B 2019-066-071 253 Clark Avenue
GRCA COMMENT:
The above noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority
Staff Repod
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
J
wR
www.kitchener. ca
Committee of Adjustment
October 15', 2019
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Eric Schneider, Junior Planner - 519-741-2200 ext. 7843
3
October 7t", 2019
DSD -19-244
APPLICATION #: B2019-066-071
253 Clark Avenue
Applicant: Matthew Warzecha
Approve with conditions
Location Map: 253 Clark Avenue
N51°16'55"E
Proposed lot fabrics
REPORT
Planning Comments:
The subject property is split -zoned Residential Five Zone (R-5) and Residential Six Zone (R-6)
in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The
property currently contains a triplex dwelling. The existing development of the neighbourhood
consists of single detached, semi-detached, and multiple dwellings.
The Owner is requesting permission to sever the subject lands into 7 total lots to be developed
with 5 duplex dwellings and a semi-detached dwelling on two lots. The retained lot would have a
lot width of 9 metres, a depth of 36.9 metres, and an area of 339.7 square metres.
The severed lots would have the following dimensions -
Lot
1 (duplex)
2 du lex
3 (duplex)
4 (duplex)
5 semi
6 semi
Width m
9
9
9
9
RETAINED LOT
P'
41.8
32
32
C
30.5
339.70
Area (m2)
sV
287.9
286.8
280.2
238.7
325.6
R-3
RESIDENTIAL
38.9
1r,
SEVERED LOT 1
c
0
362.60
a
'Iz�N
41.$
y.p9.0
9.0
8.0
6.8
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REPORT
Planning Comments:
The subject property is split -zoned Residential Five Zone (R-5) and Residential Six Zone (R-6)
in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The
property currently contains a triplex dwelling. The existing development of the neighbourhood
consists of single detached, semi-detached, and multiple dwellings.
The Owner is requesting permission to sever the subject lands into 7 total lots to be developed
with 5 duplex dwellings and a semi-detached dwelling on two lots. The retained lot would have a
lot width of 9 metres, a depth of 36.9 metres, and an area of 339.7 square metres.
The severed lots would have the following dimensions -
Lot
1 (duplex)
2 du lex
3 (duplex)
4 (duplex)
5 semi
6 semi
Width m
9
9
9
9
8
18.3
Depth (m)
41.8
32
32
31.6
30.5
28.9
Area (m2)
362.6
287.9
286.8
280.2
238.7
325.6
2
City Planning staff conducted a site inspection of the property on October 4th, 2019.
Existing Triplex on Site (October 4, 2019)
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning
Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and
shape of the proposed lots are suitable for the use of the lands and compatible with the
surrounding community. The lands front onto a public street and full services are available.
The proposed lots conform to the Official Plan. All proposed retained and severed lots reflect
the general scale and character of the established development pattern of surrounding lands.
Based on the foregoing, Planning staff recommends that Consent Applications B2019-066-071,
requesting consent to sever the subject property into 7 total lots to be approved, subject to the
conditions listed in the Recommendation section of this report.
3
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services
(DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the
demolition of all existing buildings, as well as construction of all new residential buildings
Heritage Comments:
Heritage Planning staff has no concerns.
Environmental Planning Comments:
The standard condition will be required for the owner to enter into an agreement registered on
title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to
be submitted and approved before a building/demolition permit will be issued.
Transportation Services Comments:
In accordance with the city's on -street parking policy and based on the submitted plan
(Severance Sketch), ensure that at a minimum of 3 on -street parking spaces are provided. An
on -street parking plan be submitted to Transportation Services for review and comment.
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new services that may be required to service this property, all prior to
severance approval. Our records indicate municipal sanitary, storm and water services are
currently available to service the proposed units along Siebert Avenue however the sanitary
sewer along Clark Avenue will need to be extended at the owners expense to service those
proposed units. Any further enquiries in this regard should be directed to Niall Melanson (519-
741-2200 ext. 7133).
Any new driveways are to be built to City of Kitchener standards. All works is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system and design of the sanitary
sewer extension along Clark Avenue, complete with sanitary sewer design sheets and ECA
application will be required to the satisfaction of the Engineering Division prior to severance
approval.
A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.)
with corresponding layer names and asset information to the satisfaction of the Engineering
Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as 6 new
development lots will be created. The cash -in -lieu dedication required is $27,416.00
Park Dedication is calculated at 5% of the new development lots only, with a land valuation
calculated by the lineal frontage (59.6m) at a land value of $9,200 per frontage meter.
City owned trees are located in the boulevard of the subject property. The owner/applicant is
required to:
1) Provide a Street Tree Planting Plan (including all existing and proposed utilities;
coordinated with all other plans) for review and approval by Parks & Cemeteries Design
& Development.
2) Indicate compensation plantings that meet the requirements of section M with adequate
soil volumes on Street Tree Planting Plan.
3) Financial compensation for the street trees being removed will also be required. An ISA
certified arborist will need to prepare a report assessing the value of the street trees
being removed using the most up-to-date base -diameter method endorsed by the ISA.
The value of these trees will paid into the tree planting account and will be separate from
the cash -in -lieu of parkland dedication owing.
4) Tree protection is required on all trees during construction work as indicated in city bylaw
690.4.2 Protection - Trees on City Property
It shall be the responsibility of the person or persons in charge of any lot on
which the construction, alteration or demolition of any building is taking
place, to take adequate steps for the protection of any trees on City property
within 6.09 metres (20 feet) of any such lot and no such work shall be
commenced until such protection has been provided.
RECOMMENDATION:
That Applications B2019-066-071 requesting consent to sever the subject property into seven
(7) lots be approved, subject to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
satisfaction of the City's Revenue Division;
2. That the owner provide a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as
well as two full size paper copies of the plan(s). The digital file needs to be
submitted according to the City of Kitchener's Digital Submission Standards to
the satisfaction of the City's Mapping Technologist.
3. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication on the severed parcel equal in the amount of $27,416.00 The park land
dedication is calculated at the residential rate of 5% of the per metre lineal
frontage land value for the severed portion.
4. That the owner submit a Street Tree Planting Plan to the satisfaction of the
Director of Parks and Cemeteries.
5. That the owner provide financial compensation for the street trees proposed to
5
be removed. The value of the trees will be determined by an ISA certified arborist.
The owner shall submit a report assessing the value of the trees to the
satisfaction of the Director of Parks and Cemeteries.
6. That the owner provide adequate tree protection on the street trees prior to
construction, to the satisfaction of the Director of Parks and Cemeteries.
7. That the Owner make financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the
severed and/or retained lands.
8. That any new driveways be built to City of Kitchener standards at the Owner's
expense prior to occupancy of the building to the satisfaction of the City's
Engineering Division.
9. That the Owner provide a servicing plan showing outlets to the municipal
servicing system complete with sanitary sewer design sheets and ECA
application to the satisfaction of the Director of Engineering Services.
10. That the Owner submit a complete Development and Reconstruction As -
Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S.
3150) together with a digital submission of all AutoCAD drawings required for the
site (Grading, Servicing etc.) with the corresponding correct layer names and
numbering system to the satisfaction of the Director of Engineering Services.
11. That the Owner provides Engineering staff with confirmation that the basement
elevation can be drained by gravity to the street sewers. If this is not the case,
then the owner would have to pump the sewage via a pump and forcemain to the
property line and have a gravity sewer from the property line to the street to the
satisfaction of the Director of Engineering Services.
12. That the Owner shall prepare a Tree Management Plan for the retained and all 6
severed lots 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.
13. That the owner submit an On -Street Parking Plan to the satisfaction of the
Director of Transportation Services.
Eric Schneider, BES
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
L
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
D20-20/19 KIT
October 3, 2019
Re: Comments for Consent Application B2019-064 through
B2019-071
Committee of Adjustment Hearing October 15, 2019
CITY OF KITCHENER
B2019-64
53 and 55 Perth Road
Jovica Miljevic
The owner/applicant is proposing a severance to permit the construction of a semi-
detached dwelling.
Fee:
The owner/applicant must submit the consent review fee of $350.00 to the Region of
Waterloo prior to final approval of the consent application.
Airport Regulations:
For informational purposes, Regional Staff advise the owner/applicant of the severed
and retained lands that these properties are located under the airport runway take -off
approach surface; and are subject to Region of Waterloo Airport Zoning regulations.
The occupants would be subject to presence and noise from the flying aircrafts.
For any further information in this regard, please contact Kevin Campbell, Project
Manager, Airport Construction and Development @ 519 648-2256 ext. 8511 Email:
KCampbell(a)-regionofwaterloo.ca
Document Number: 3121471 Version: 1
Record of Site Condition:
The lands adjacent to the rear property line of 53/55 Perth Road are identified as a
known threat in the Region's Threats Inventory Database (TID). The proposed threat
indicator is associated with a former landfill on the adjacent lands. As per the Region's
Implementation Guidelines for the Review of Development Applications on or Adjacent
to Known and Potentially Contaminated Sites the subject property would require a
completed Record of Site Condition for both the severed and retained parcels prior to
final approval of the consent application as the proposal seeks to divide a sensitive use
into separate parcels of land that could be held in distinct and separate ownership.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
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.
B2019-65
210 Simeon Street
Esther Geiger and Charles Whitlock
Fee:
Regional Staff do not require a consent review fee as the proposed application is not
creating a new lot.
The owner/applicant is proposing to sever the rear portion of 210 Simeon Street to be
added to the rear of 162 Pandora Avenue North.
Regional staff has no objection to the subject application
B2019-66 to B2019-071
253 Clark Avenue
JC Group
The owner/applicant is submitting six consent applications for the subject lands to
create a total of seven new residential lots.
Fee:
The owner/applicant must submit the consent review fee of $350.00 per new lot created
($350.00 x 6 =$2,100) to the Region of Waterloo prior to final approval of the consent
application.
Document Number: 3121471 Version: 1
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2019.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00 per new lot created.
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff
reports, decisions and minutes pertaining to each of the consent applications noted
above. Should you require Regional Staff to be in attendance at the meeting or have
any questions, please do not hesitate to contact the undersigned.
Yours truly,
?..6*::; -
Matthew Colley
Planner
Document Number: 3121471 Version: 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: October 7, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-094
205 Strange Street
A 2019-106
78 Castlebay Street
A 2019-107
38 Gordon Avenue
A 2019-108
41 Moore Avenue
A 2019-109
26 Baird Avenue
Applications for Consent:
B 2019-064 53 & 55 Perth Road
B 2019-065 210 Simeon Street
B 2019-066-071 253 Clark Avenue
GRCA COMMENT:
The above noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan review
fees will not be required. If you have any questions, or require additional information, please
contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority