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HomeMy WebLinkAboutCA - 2019-10-15COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:02 a.m. Present: Mr. D. Cybalski - Chair Mr. B. McColl Mr. S. Hannah Mr. M. Kidd Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. M. Kidd Seconded by Mr. B. McColl That the regular minutes of the Committee of Adjustment meeting held September 17, 2019, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE APPLICATION: 1. Submission No.: A 2019-094 Applicants: Sarah Courtney Property Location: 205 Strange Street Legal Description: Part Park Lot 492, Registered Plan 377 and Part Lot 2, Registered Plan 431 Appearances: In Support: B. Courtney Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a new entrance and mudroom in the northerly side yard of an existing duplex dwelling having a side yard setback of 1.7m rather than the required 3m. The Committee considered addendum Development Services Department report DSD -19-209 dated October 9, 2019, recommending approval with conditions as outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 28, 2019, advising they have no concerns with this application. Mr. B. Courtney was in attendance in support of the subject application and staff recommendation. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of SARAH COURTNEY requesting permission to construct a new entrance and mudroom in the northerly side yard of an existing duplex dwelling having a side yard setback of 1.7m rather than the required 3m, on Part Park Lot 492, Registered Plan 377 and Part Lot 2, Registered_Plan 431, 205 Strange Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15, 2019 -263- CITY OF KITCHENER Submission No.: A 2019-094 (Cont'd) That the owner shall ensure 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 (fortotal 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. 2. That the owner shall complete the above noted Condition 1 prior to October 1, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: Submission No.: A 2019-106 Applicants: Nick Balkaran and Brian Mitkus Property Location: 78 Castlebay Street Legal Description: Lot 19, Registered Plan 58M-607 Appearances: In Support: N. Balkaran Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD -19-237 dated October 7, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 26, 2019, advising they have no concerns with this application. Mr. N. Balkaran was in attendance in support of the subject application and staff recommendation. Mr. S. Hannah requested clarification on the requested variance, noting it appeared the rear yard setback was calculated from the portion of the southerly corner of the deck rather than the northerly corner and with the location of the home, it appeared the northerly corner had a setback of 5m rather than 5.59m as requested in the application. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15, 2019 -264- CITY OF KITCHENER 1. Submission No.: A 2019-106 (Cont'd) In consultation with the property owner, Ms. J. von Westerholt advised Mr. Hannah's assessment appeared correct and staff had no objections to amending the application to reflect a 5m setback rather than 5.59m as originally requested by the applicant. Mr. Balkaran advised that he had no objections to the proposed amendment, pending it would have no impact to approval of his application. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of NICK BALKARAN and BRIAN MITKUS requesting permission to construct a covered deck in the rear yard of an existing single detached dwelling having a rear yard setback of 5m rather than the required 7.5m, on Lot 19, Registered Plan 58M-607, 78 Castlebay Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 2. Submission No.: A 2019-107 Applicants: Nancy Ashley Property Location: 38 Gordon Ave Legal Description: Part Lot 20, Registered Plan 429 Appearances: In Support: D. Ashley Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -19-238 dated October 9, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 26, 2019, advising they have no concerns with this application. Mr. D. Ashley was in attendance in support of the subject application and staff recommendation. In response to questions, he acknowledged the 9 conditions recommended in the Report, advising although he had no objections to the proposed conditions, he questioned Condition 7 related to the replacement of the street tree. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15, 2019 -265- CITY OF KITCHENER 2. Submission No.: A 2019-107 (Cont'd) Ms. J. von Westerholt provided some background information, stating the property owner also owns the adjacent property. She indicated in reviewing the application it was determined there was a void of street trees in front of the subject properties. She indicated staff were uncertain when the trees were removed, but have requested that the property owner replace one at this time, noting it may be more appropriate to install it on 36 Gordon Avenue rather than 38 Gordon Avenue. In response to questions, she advised the property owner would be required to install a new tree in accordance with the City's Tree Management Policy. In response to further questions, Ms. von Westerholt advised there was some correlation between the subject application and the driveway widening complaints received for Gordon Avenue. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of NANCY ASHLEY requesting 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, on Part Lot 20, Registered Plan 429, 38 Gordon Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall 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 shall obtain a curb cutting permit for the new driveway access through the City of Kitchener Engineering Division. 3. That the owner shall 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 the remainder of the front yard area that is not used for an approved driveway, is reinstated to grass or landscaping, to the satisfaction of the Director of Planning. 5. That the owner shall ensure 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 owner shall ensure 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 shall 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 owner shall ensure the maximum width of the driveway is maintained at 2.6 metres. 9. That the owner shall complete the above noted Conditions 1 to 7 prior to 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. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15. 2019 -266- CITY OF KITCHENER �1•Ti11 C•Ti10156> 012iy&0b[8yffrd Tiiir Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 3. Submission No.: A 2019-108 Applicants: Robert and Linda Nelson Property Location: 41 Moore Avenue Legal Description: Part Lots 1-5, Part Lots 8-13 and Part of Lane, Registered Plan 283 Appearances: In Support: R. Nelson Contra: B. Hemmen C. Owens J. Brox J. Bunker C. Girodat B. Kennedy J. & I. Good M. & B. Boyes T. Schirle P. Kowalchuk J. Martin White P. Clasper Written Submissions: Neighbourhood Comments and Petition The Committee was advised the applicants are requesting 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 Committee considered Development Services Department report DSD -19-239 dated October 9, 2019, recommending approval of this application, subject to the conditions outlined in the report The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 26, 2019, advising they have no concerns with this application. Mr. R. Nelson was in attendance in support of the subject application and staff recommendation. In response to questions, he advised he purchased the property in 2008 in its current form. He indicated he did not have the full history on the property prior to purchasing it, stating he thought it was previously a warehouse. Ms. T. Schirle and Mr. P. Kowalchuk were in attendance in opposition to the subject application. Ms. Schirle advised they own the adjacent property municipally addressed as 33 Louisa Street. She stated the applicant had previously applied for a minor variance in 2008 for a reduced lot width and the Committee refused the application at that time. She stated in her opinion, the variance being requested this date is not minor and the development should be refused. She expressed further concerns with the condition of the retaining wall located between her property and the subject property. Ms. Schirle advised her neighbourhood is in transition, indicating it has been subject to numerous development projects. She requested if the Committee was not willing to refuse the subject application this date, a deferral would be preferred to allow time for the City and property owner to meet with the neighbourhood on a more compatible development solution. Mr. J. Martin White, owner of 18 Wellington Street North, expressed concerns with the size of the subject property and whether a duplex was the preferred development option. He stated in his opinion the proposed dwelling will create crowded conditions, noting their neighbourhood has been subject to a number of intensification projects to date. He indicated he is generally supportive of development, but wishes to ensure the livability of his backyard. Mr. C. Girodat stated he owns the property municipally addressed as 45 Louisa Street, expressing concerns with the black walnut tree in his rear yard and the impact construction may have on the health of the tree. In response to questions, he advised he was not certain of the ownership of the tree due to its proximity to the lot line, stating it was his belief that he owned the tree. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15. 2019 -267- CITY OF KITCHENER C�*V!61 11mr• li 0156 012iy&0b[8Z:114 iiIre Mr. I. Good and Ms. J. Good were in attendance in opposition to the subject application. Mr. Good advised they were in attendance at the Committee of Adjustment meeting in 2008 when the previous variance application for the subject property was refused. He indicated the reasons for that refusal are similar to the concerns expressed this date. He indicated concerns with emergency access for fire/ambulance, noting the property was previously subject to a fire that also caused damage to a number of the surrounding properties. He expressed further concerns with: the number of proposed parking spaces for the dwelling; shadow impacts on the neighbouring properties; loss of privacy; concerns with utilities/servicing; snow removal; drainage; soil conditions; proposed location of the dwelling on the property; landscaping; and, impacts to the surrounding properties due to construction. In response to questions, Ms. Good advised the property previously had two single storey warehouses that were required to be demolished by the City. She indicated they were not actively used. Mr. B. Hemmen addressed the Committee on behalf of his father, who owns the property municipally addressed as 43 Moore Avenue. He stated he was raised in the neighbourhood and since the subject property was purchased by the current property owner it has been noticeably well maintained. He indicated he has some reservations with the property being redeveloped as the proposed construction may have adverse impacts on his father's property, noting the Ianeway would likely be the access for servicing. Mr. Hemmen stated in his opinion a duplex should be allowed, commenting if the property owner sought a Zone Change for the subject property, the proposed development could be much larger. He indicated if the applicant was interested in purchasing his father's property, he would be open to discussions to consolidate the two properties and developing something more substantial than what is being proposed this date. He stated the concerns raised regarding: fire/emergency services; snow removal; drainage; increased traffic; and, garbage are not valid reasons for refusing the development, indicating City staff would address all of these matters through further approval processes. He stated it was his understanding the applicant wished to reside at the property, which is preferred over a rental property. Mr. Hemmen further advised it was his belief the neighbours had been taking advantage of the property due to its vacancy. He stated pending the development plan, he would be in support with a duplex being constructed on the subject property. Mr. P. Clasper addressed the Committee in opposition to the subject application, expressing concerns with the possible precedence that approval of this application may set. He stated he owns the property municipally addressed as 44 Louisa Street, noting there is another property adjacent to his that has Ianeway access, and that property owner has approached him to discuss possible future redevelopment of his lot. Ms. J. Bunker advised she owns the property municipally addressed as 39 Louisa Street. She expressed concerns with potential adverse impacts on the streetscape, stating in her opinion a dwelling should not be permitted to be constructed on the subject property. She supported the concerns already addressed regarding fire/emergency access. Mr. B. Boyes addressed the Committee in opposition to the subject application. He advised he is the property owner of 39 Louisa Street and it was his opinion that the proposed duplex will not be compatible with the existing homes in the neighbourhood. He requested that the Committee defer the application, noting it was his belief that a solution to the concerns raised this date could be achieved. Ms. J. Brox addressed the Committee on behalf of her father who owns the property municipally addressed as 43 Moore Avenue. She requested clarification on the intentions for the subject property and whether it would be owner -occupied or a rental property. Ms. J. von Westerholt acknowledged the concerns of the neighbourhood, stating with regards to sufficient drainage, the property owner would be required to address proper drainage as part of the approval process. She further advised it was her understanding that the subject property was lower than the adjacent properties. She added the property owner would also be required to complete a tree preservation plan to address preservation and maintenance of trees within the area. Ms. von Westerholt advised the property is zoned R-5 and a duplex is a permitted use. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15. 2019 -268- CITY OF KITCHENER C�*V!61 11mr• li 0156 012iy&0b[8Z:114 iiIre She stated in regards to concerns related to shadowing, the dwelling is currently proposed to be two -stories in height and is not unlike other dwellings in the vicinity. She commented it was her understanding that the proposed plans submitted with the application were conceptual and suggested the property owner may be willing to work with the neighbourhood to propose a design that was more palatable to the area residents. In response to the questions regarding future use of the dwelling, Ms. von Westerholt indicated there is no mechanism in place that addresses who can reside in a dwelling. Lastly, in response to the concerns raised regarding emergency response, she advised the Kitchener Fire Department was consulted on the subject application and Mr. G. Reitzel, Fire Prevention Officer, advised the proposed duplex is vastly different than what existed previously on the property, adding the hydrants in the vicinity are sufficient to address a fire if it occurred on site. Ms. von Westerholt stated he addressed the retaining walls and concerns with regards to identifying the property in the event of an emergency and he expressed no concerns with the development proposal. In response to questions, Mr. Nelson advised the plans submitted with the application were what he initially intended to construct. He stated due to the concerns of the neighbouring property owners, he would consider amending the proposal as a means of addressing some of the concerns. Questions were raised regarding the proposed 3.3m side yard setbacks demonstrated within the plan. Mr. Nelson advised it was his intention to maintain a 3m side yard setback and not exceed the footprint as outlined within the plan. Mr. S. Hannah questioned whether the zoning would permit a semi-detached dwelling, as the design indicated in the plan indicated more of a semi-detached rather than a duplex. Ms. von Westerholt stated she would need to seek clarification from the applicant as a duplex, not a semi-detached dwelling, was permitted on the site. In response to questions, Mr. Nelson advised he had not previously spoken with any of the neighbours regarding the proposed development. He indicated he would be willing to speak with them in order to address some of the concerns. He further advised his intentions are to build a duplex, not a semi-detached dwelling. Questions were raised on the historical information related to the property, specifically how long the property has been vacant and when the R-5 Zoning was established on the current property. Ms. von Westerholt advised she was unsure when the property became vacant. She indicated the current R-5 Zoning was likely established when the current Zoning By-law 85-1 was approved. She indicated the Ianeway to the parcel is private property, acquired separately and added to the subject property, noting it is subject to easements in favour of 43 and 37 Moore Avenue for access. In response to further questions, Ms. von Westerholt advised the requested variance for a reduced lot width addresses the Ianeway access to the property. In response to questions, Mr. Nelson advised he would not object to a deferral this date to allow time to consult with the neighbourhood further on possible design options. Mr. S. Hannah stated he would be in support of a deferral to allow clarification of what the applicant is intending to construct. He indicated concerns raised regarding fire access appear to be adequately addressed by City staff. He commented in his opinion the subject property would accommodate a duplex. He further advised since 2008 the Province has continued to encourage intensification. Questions were raised regarding an adequate deferral; Mr. Nelson advised he would need to have further plans prepared by his architect and agreed three months would be satisfactory. Moved by Mr. S. Hannah Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15. 2019 -269- CITY OF KITCHENER C�*N*1 11mr• li 0156 012iy&0b[8Z:114 iiIre That the application of Robert and Linda Nelson requesting 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, on Part Lots 1-5, Part Lots 8-13 and Part of Lane, Registered Plan 283, 41 Moore Avenue, BE DEFERRED to the January 21, 2020 Committee of Adjustment meeting, with the opportunity to reschedule to an earlier date once revised development plans have been completed and pending the outcome of discussions with the neighbours on the revised plans. Carried 4. Submission No.: A 2019-109 Applicants: Jose and Maria Borges Property Location: 26 Baird Avenue Legal Description: Part Lot 4, Plan 1307 Appearances: In Support: V. Kranjec M. Borges Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to 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. The Committee considered Development Services Department report DSD -19-240 dated October 4, 2019, recommending approval of the application, subject to an amendment as outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 26, 2019, advising they have no concerns with this application. Ms. V. Kranjec was in attendance on behalf of the owners in support of the subject application, including the proposed amendment as outlined in the staff recommendation. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of JOSE and MARIA BORGES requesting permission for an existing semi- detached dwelling to have a driveway located 5m from the intersection of Baird Avenue and Bettley Crescent rather than the required setback of 9m, on Part Lot 4, Plan 1307, 26 Baird Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15, 2019 -270- CITY OF KITCHENER 5. Submission No.: A 2019-110 Applicant: Grandridge Properties Inc. Property Location: 334 Manitou Drive, Unit C Legal Description: Part Lot 3, Registrar's Compiled Plan 1521, Designated as Parts 5, 6, 7 & 8 on Reference Plan 58R-6301 Appearances: In Support: W. Hoover B. Ready R. Berwich Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission 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. The Committee considered Development Services Department report DSD -19-241 dated October 9, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 26, 2019, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated October 7, 2019, advising while they have no objections to this application, they noted the subject lands contain erosion hazards, a wetland, and the regulated allowance adjacent to these features. They noted due to the presence of the above -noted features, any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. Mr. W. Hoover was in attendance in support of the subject application and staff recommendation. The Chair noted the comments from the GRCA and requested a condition be included in the Committee's decision this date. In response to questions, Ms. J. von Westerholt advised that a condition has been included in the staff recommendation to ensure it is clear the variance was approved prior to the new Zoning By-law coming into full force and effect. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of GRANDRIDGE PROPERTIES INC. requesting 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 By-law 2019-051 requires a fitness centre to be an accessory use to a permitted use, on Part Lot 3, Registrar's Compiled Plan 1521, Designated as Parts 5, 6, 7 & 8 on Reference Plan 58R-6301, 334 Manitou Drive, Unit'C', Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the minor variance shall become effective only at such time as Zoning By-law 2019- 051 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, and the variance shall be deemed to have come into force as of the date of this decision. 2. That the owner shall ensure a Zoning (Occupancy) Certificate is submitted to the Planning Division. 3. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the plan review fee. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15, 2019 -271- CITY OF KITCHENER 5. Submission No.: A 2019-110 (Cont'd) It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried CONSENT APPLICATIONS Submission No.: B 2019-064 Applicants: Jovica Miljevic, Nicholas & Tatiana Bron and Branka Vasic Property Location: 53 & 55 Perth Road Legal Description: Part Lot 59, Subdivision of Lot 18, German Company Tract Appearances: In Support: N. and T. Bron Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land 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. The Committee considered Development Services Department report DSD -19-242 dated October 7, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated October 3, 2019, advising they have no objection to this application, subject to the following conditions: 1.) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2. That prior to final approval, the owner/applicant submit a Record of Site Condition for both the severed and retained lands, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. Mr. N. Bron and Ms. T. Bron were in attendance in support of the subject application and staff recommendation. In response to questions, Ms. Bron confirmed the dwelling is already undergoing construction. In response to questions, Ms. J. von Westerholt advised staff have consulted with the Region of Waterloo, which has requested a Record of Site Condition as the subject property is adjacent to an old landfill site. She indicated it is within their authority to request the condition, acknowledging the concerns raised regarding the one-year deadline to fulfill conditions, noting she was unsure to the extent of the work required to clear the condition. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15, 2019 -272- CITY OF KITCHENER 1. Submission No.: B 2019-064 (Cont'd) Mr. S. Hannah stated he was not inclined to impose the Record of Site Condition, stating that was typically a requirement addressed by the Chief Building Official, noting the applicant has already obtained a building permit. A motion was brought forward by Mr. S. Hanna, which was seconded by Mr. M. Kidd to approve the recommendation as outlined in the staff recommendation. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of JOVICA MILJEVIC, BRANKA VASIC, NICHOLAS and TATIANA BRON requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land 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., on Part Lot 59, Subdivision of Lot 18, German Company Tract, 53 & 55 Perth Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,854.80. 4. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 5. That the owners shall ensure any new driveways are built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 6. That the owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the owners shall provide Engineering Services staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owners shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15, 2019 -273- CITY OF KITCHENER 1. Submission No.: B 2019-064 (Cont'd) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 15, 2021. Carried 2. Submission No.: B 2019-065 Applicants: Esther Geiger and Charles Whitlock Property Location: 210 Simeon Street Legal Description: Part Lots 41 & 43, Registered Plan 284 Appearances: In Support: J. & E. Pries Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land at the rear of the subject property having a width of 12.248m, a depth of 10.311m 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. The Committee considered Development Services Department report DSD -19-243 dated October 9, 2019, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated October 3, 2019, advising they have no objection to this application. Ms. J. Pries and Mr. E. Pries were in attendance on behalf of the owners in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of ESTHER GEIGER and CHARLES WHITLOCK requesting 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, on Part Lots 41 & 43, Registered Plan 284, 210 Simeon Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15, 2019 -274- CITY OF KITCHENER 2. Submission No.: B 2019-065 (Cont'd) 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall ensure 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 owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands, which shall include the following: That the owners 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. The owners further agree to implement the approved Tree Preservation Plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. C. The owners agree to maintain the severed lands, in accordance with the approved Tree Preservation Plan, for the life the development. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 15, 2021. Carried COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15, 2019 -275- CITY OF KITCHENER COMBINED APPLICATIONS: Submission Nos.: B 2019-066 to B 2019-071 Applicant: JC Homes Inc. Property Location: 253 Clark Avenue Legal Description: Part Block H, Plan 812, being Part 1 on Reference Plans 58R-5768 & 58R-19076 Appearances: In Support: M. Warzecha Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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 2018-067 (Severed Lot 2) Width (Siebert Avenue) - 9m Depth - 32m Area - 287.9 sq. m. B 2018-069 (Severed Lot 4) Width (Siebert Avenue) - 9.1 m Depth - 31.6m Area - 280.2 sq. m. B 2018-071 (Severed Lot 6) Width (Siebert Avenue) - 18.3m Depth - 28.9m Area - 325.6 sq. m. B 2018-066 (Severed Lot 1) Width (Clark Avenue) - 9.4m Depth - 38.9m Area - 362.6 sq. m. B 2018-068 (Severed Lot 3) Width (Siebert Avenue) - 9m Depth - 32m Area - 286.8 sq. m. B 2018-070 (Severed Lot 5) Width (Siebert Avenue) - 8.2m Depth - 30.5m Area - 238.7 sq. m. The Committee considered Development Services Department report DSD -19-244 dated October 7, 2019, recommending approval of these applications, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated October 3, 2019, advising they have no objection to these applications, subject to the following condition: That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00 per new lot created. The Committee was in receipt this date of an addendum to Development Services Department report DSD -19-244 dated October 15, 2019, recommending deferral of the subject application to allow an opportunity for the applicant to request easements to facilitate the proposed development. Mr. M. Warzecha was in attendance in support of the subject applications and recommended deferral. Mr. S. Hannah expressed concerns with proposed Lot 7 as shown on the plan submitted with the application related to the outdoor amenity space. He requested the applicant give consideration to where a future property owner may install fencing on that proposed lot prior to the applications coming before the Committee again for further consideration. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 15, 2019 -276- CITY OF KITCHENER Submission Nos.: B 2019-066 to B 2019-071 (Cont'd Submission No.: B 2019-066 to B 2019-071 Moved by S. Hannah Seconded by M. Kidd That the application of JC Homes Inc. requesting permission to sever 6 residential lots and retain one lot for future residential development, on Part Block H, Plan 812, being Part 1 on Reference Plans 58R-5768 and 58R-19076, 253 Clark Avenue, BE DEFERRED to the November 19, 2019 Committee of Adjustment meeting, to allow for the applicant to revise their plans and request easements to facilitate the proposed development. Carried ADJOURNMENT On motion, the meeting adjourned at 11:25 a.m. Dated at the City of Kitchener this 15th day of October, 2019. Dianna Saunderson Secretary -Treasurer Committee of Adjustment