HomeMy WebLinkAboutCA - 2019-01-21COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 CITY OF KITCHENER
The Committee of Adjustment met this date, commencing at 10:04 a.m.
Present: Mr. D. Cybalski - Chair
Mr. B. McColl
Ms. J. Meader
Mr. S. Hannah
Mr. M. Kidd
Officials: Ms. J. von Westerholt, Senior Planner
Mr. S. Ryder, Traffic Planning Analyst
Mr. A. Pinnell, Senior Planner
Mr. R. Kelly-Ruetz, Planner
Ms. D. Saunderson, Secretary -Treasurer
Ms. H. Dyson, Administrative Clerk
Mr. R. Parent, Region of Waterloo
Mr. M. Colley, Region of Waterloo
MINUTES
Moved by Mr. M. Kidd
Seconded by Mr. S. Hannah
That the regular minutes of the Committee of Adjustment meeting held December 10, 2019, as circulated
to the members, be accepted.
Carried
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MINOR VARIANCE APPLICATIONS:
Submission No.: A 2019-103
Applicant: Trez MR Holdings (Ontario Ltd)
Property Location: 581 Strasburg Road
Leaal Description: Block N. Plan 1335
Appearances:
In Support: V. Schmidt
P. Pincus
Contra: None
Written Submissions: S. Levac
The Committee was advised the applicant is requesting permission to construct a 2 -storey addition
on an existing 3 -storey multi -residential dwelling, increasing the units from 21 to a total of 35
residential units having 35 off-street parking spaces (1.03 spaces/per unit) rather than the required
62 off-street parking spaces (1.75 spaces/per unit).
The Committee considered Development Services Department report DSD -20-009 dated January
14, 2020 recommending approval of this application, subject to the conditions outlined in the
Report.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
August 28, 2019 advising they have no concerns with this application.
Ms. V. Schmidt and Mr. P. Pincus were in attendance in support of the subject application and
staff recommendation. In response to questions, Ms. Schmidt advised the applicant has
submitted a phased parking plan to City staff which was deemed satisfactory.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 - 2 - CITY OF KITCHENER
Submission No.: A 2019-103 (Cont'd
Ms. J. Meader requested, and it was agreed, that a condition be added to the Committee's
decision this date to require 11 bicycle spaces be provided for the development.
Moved by Mr. B. McColl
Seconded by Mr. M. Kidd
That the application of TREZ MR HOLDINGS (ONTARIO LTD) requesting permission to
construct a 2 -storey addition on an existing 2.5 -storey multi -residential dwelling having 35 off-
street parking spaces (1.0 spaces/per unit) rather than the required 61 off-street parking spaces
(1.75 spaces/per unit), on Block N, Plan 1335, 581 Strasburg Road, Kitchener, Ontario, BE
APPROVED, subject to the following conditions:
That the owner shall enter into an agreement with the City of Kitchener to be prepared by
the City Solicitor and registered on the title of the property to require unbundled parking,
such agreement to be to the satisfaction of the City Solicitor and Director of Transportation
Services.
2. That the owner shall ensure approval of Application A 2019-103 shall apply only to the
development proposed through Site Plan Application SP19/093/S/LT.
3. That the owner shall include/maintain 11 on-site bicycle spaces as part of the approval of
Minor Variance application A 2019-103, to the satisfaction of the Director of
Transportation.
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
2. 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: J. Bunker
B. Madill
S. Bridgman
P. Kowalchuk
J. Good
Written Submissions: Neighbourhood Petition and Comments
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.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21. 2020 - 3 - CITY OF KITCHENER
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The Committee considered Development Services Department report DSD -20-108 dated January
14, 2020 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 the plans included with the staff report accurately reflect the
revised development plan of the proposed single detached dwelling he intends to construct.
Ms. J. Bunker, Mr. B. Madill, Mr. S. Bridgman and Ms. P. Kowalchuk were in attendance in
opposition to the subject application. It was noted they had been in attendance at a neighbourhood
meeting held in December 2019 by the applicant and City staff and were only in attendance this
date to hear the Committee's decision regarding the development proposal that was discussed with
the neighbourhood. Ms. Bunker noted the plans included within Report DSD -20-108 for a proposed
single detached dwelling with reduced heights and setbacks is the neighbourhoods preferred option
and would help to reduce some of the concerns expressed at the October 15, 2019 Committee of
Adjustment meeting.
Ms. J. Good was in attendance in opposition to the subject application. She requested clarification
from the Committee regarding the proposed dwelling and whether any changes would be permitted
to the development proposal if the minor variance was granted this date. She further questioned
whether the applicant would be required to install landscaping, specifically trees, in the side yard of
the subject property.
The Chair noted consideration should be given to including a condition in the Committee's decision
this date requiring the development to be generally in accordance with the plans as outlined in
Report DSD -20-108.
In response to questions, Ms. J. von Westerholt advised the application was circulated to the Fire
Department for review and they advised the proposed dwelling is a lesser concern than what
previously existed on the subject property. She further advised since the October 15, 2019
Committee of Adjustment meeting staff, as well as the applicant, met with the surrounding
neighbours regarding the proposed development and the majority were satisfied with the proposed
single detached dwelling outlined in the plans included within Report DSD -20-108. She indicated
the proposed building height and setbacks were generally agreed upon, with the understanding
that the plans were preliminary and the applicant would finalize the proposed plans through the Site
Plan approval process.
Questions were raised regarding the inclusion of a condition requiring the development to be
consistent with the plans as outlined in the staff report. Ms. von Westerholt stated in her opinion,
Condition 1 outlined in the Report was intended to address the approval being consistent with the
plans included within the staff report. She indicated approval should allow some flexibility as the
applicant will be required to finalize the plans through the Site Plan approval process, which could
include minor changes depending upon materials and Building Code requirements.
In response to further questions, Ms. von Westerholt advised the applicant intends to construct a
single detached dwelling, noting a semi-detached dwelling/duplex is an as -of -right permission of
the Zoning for the subject property. She stated nothing would prohibit the applicant from converting
the dwelling to a duplex in the future, noting that has been communicated to the neighbourhood.
She reiterated that the applicant indicates a single detached dwelling is his intention at this time.
Ms. J. Meader questioned whether the proposed development would normally be subject to Site
Plan approval. Ms. von Westerholt indicated the requested Site Plan would be a specialized
process, different from a Section 41 Site Plan approval process.
Ms. J. Meader suggested, and it was agreed, that Condition 1 outlined in staffs recommendation
be separated into 2 conditions, with Condition 1 being: "That the owner shall, prior to issuance of a
building permit for the dwelling, submit a site plan drawing and elevation drawings for all sides of
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 - 4 - CITY OF KITCHENER
2. Submission No.: A 2019-108 (Cont'd)
the dwelling, to the satisfaction of the City's Director of Planning. Additionally, the owner shall obtain
a building permit from the City's Building Division and the above mentioned drawings shall be
implemented through the building permit process, to the satisfaction of the City's Director of
Planning and City's Chief Building Official."; and, Condition 2 being: "That approval of Minor
Variance application A 2019-108 shall apply only to the dwelling constructed and maintained in
general accordance with the plans attached to Report DSD -20-010, to the satisfaction of the
Director of Planning." She stated by separating the conditions, if the applicant chooses to change
the Site Plan approval requirement, the Committee's approval would still require the development
to be constructed generally in accordance with the plans attached to Report DSD -20-010.
In response to further questions regarding the Site Plan process, Ms. von Westerholt advised the
Site Plan approval process is not a public process. She stated the plans have been significantly
vetted by the Community, noting staff only wish to make it clearthat the plans included within Report
DSD -20-108 are preliminary and the applicant would be required to conform to the Building Code
requirements and final materials. She stated the applicant has agreed that what is included within
the staff report regarding the proposed dwelling accurately depicts what he intends to construct.
Ms. von Westerholt further advised staff will continue to work with the applicant to ensure the final
plans are in general accordance with what has been vetted through the neighbourhood and by the
Committee this date.
Mr. B. McColl questioned whether a condition requiring the owner to complete a Record of Site
Condition should be included as part of the Committee's decision, noting it was included within the
Building Department comments within the staff report. Ms. von Westerholt indicated generally the
Record of Site Condition has only been imposed through Consent applications. The Chair advised
that condition may be onerous as the Building Department will ensure all Record of Site Condition
requirements have been adhered to prior to issuing a building permit.
Moved by Mr. S. Hannah
Seconded by Ms. J. Meader
That the application of ROBERT and LINDA NELSON requesting permission to construct a
residential dwelling 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 to 5 & 8-13, Plan 283, being Parts 1-4 on Reference Plan 58R-10101, 41 Moore Avenue,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
That the owner shall, prior to issuance of a building permit for the dwelling, submit a site
plan drawing and elevation drawings for all sides of the dwelling, to the satisfaction of the
City's Director of Planning. Additionally, the owner shall obtain a building permit from the
City's Building Division and the above mentioned drawings shall be implemented through
the building permit process, to the satisfaction of the City's Director of Planning and City's
Chief Building Official.
2. That approval of Minor Variance application A 2019-108 shall apply only to the dwelling
constructed and maintained in general accordance with the plans attached to
Development Services Department report DSD -20-010, dated January 14, 2020, to the
satisfaction of the Director of Planning.
3. The owner shall, prior to the commencement of grading on the subject property, 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:
That the owner shall prepare an Arborist Report, 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. The report shall
address, among other matters, the identification of a proposed building
envelope/work zone, landscaped area and vegetation to be preserved.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 - 5 - CITY OF KITCHENER
2. Submission No.: A 2019-108 (Cont'd)
That the owner shall agree to implement the approved Arborist Report, including
the recommendations and tree protection measures outlined in the report. No
changes to the said report shall be granted except with the prior approval of the
City's Director of Planning.
C. That the owner shall agree to maintain the subject property, in accordance with the
approved Arborist Report, for the life the development.
4. That the owner shall, prior to issuance of a building permit for a building on the subject
property, 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.
It is the opinion of this Committee that:
The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Carried
CONSENT APPLICATIONS:
3. Submission Nos.: B 2019-074 & B 2019-075
Applicant: Gatekey Aggregates Inc.
Property Location: 32 Forwell Road
Legal Description: Part Lot 121, German Company Tract
Appearances:
In Support: D. Barrett
J. Bischoff
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to sever two parcels of land
located in the northerly rear yard, Parcel 1 having a width of 128m, a depth of 126m and an area
of 1.20ha to be conveyed as a lot addition to the adjacent property municipally addressed as 80-
88 Centennial Road; and, Parcel 2 having a width of 84m, a depth of 163m and an area of 1.33ha
to be conveyed as a lot addition to the adjacent property municipally addressed as 36 Centennial
Road.
The Committee considered Development Services Department report DSD -20-018 dated January
13, 2020 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 January 10, 2020, advising they have no objection to these applications.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 - 6 - CITY OF KITCHENER
1. Submission Nos.: B 2019-074 & B 2019-075 (Cont'd)
The Committee considered comments provided via email from the Grand River Conservation
Authority (GRCA) dated December 16, 2019, advising although they have no objection to these
applications, they requested that the Committee impose a condition providing confirmation that
construction of the proposed trail would not impact slope stability.
Messrs. D. Barrett and Mr. J. Bischoff were in attendance in support of the subject applications and
staff recommendations.
In response to questions, Mr. Barrett advised they have had significant consultation with the GRCA
prior to the Committee's consideration this date and they are satisfied with the proposed buffer
along the Grand River. He stated he had no objections to submitting an addendum to the Slope
Stability Assessment as outlined in Condition 4 of the staff recommendation. Ms. J. von Westerholt
further advised staff have had significant dialogue with the GRCA regarding the provision of a trail
on the Grand River Corridor, stating the intention at this time is to extend the Walter Bean Trail
footpath.
The Chair noted the onus would be on the applicant to request a deferral if they had concerns
regarding the proposed condition. He stated the applicant has indicated they have no objections
with Condition 4 as recommended in Report DSD -20-018.
Questions were raised regarding parkland dedication. Ms. von Westerholt stated the applicant has
submitted a development application and under the Planning Act the municipality is permitted to
request parkland dedication at this time.
Submission No.: B 2019-074
Moved by Ms. J. Meader
Seconded by Mr. B. McColl
That the application of GATEKEY AGGREGATES INC. requesting permission to sever a parcel
of land identified as Parcel A on the severance sketch attached to Development Services
Department report DSD -20-018 having a width of approximately 84m and an area of
approximately 1.33ha to be conveyed as a lot addition to the adjacent property municipally
addressed as 36 Centennial Road, on Part Lot 121, German Company Tract, 32 Forwell Road,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are
no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall ensure the draft reference plan showing the proposed lot additions
and parkland dedication (being Parcel A, Parcel B and Parcel C generally as shown on
the severance sketch attached to Report DSD -20-018) be submitted and approved by the
City's Director of Planning, in consultation with the City's Director of Parks and
Cemeteries.
4. That the owner shall agree to submit an Addendum to the Slope Stability Assessment
prepared by Chung and Vander Doelen Engineering Ltd. (dated November 1, 2019, and
updated December 2019) to confirm that construction of a trail within the 6 metre Erosion
Access Allowance, shown on Drawing 3, would not impact the slope, to the satisfaction
of the Grand River Conservation Authority.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 - 7 - CITY OF KITCHENER
Submission Nos.: B 2019-074 & B 2019-075 (Cont'd
5. That the owner shall ensure the lands to be severed be added to the abutting lands (being
36 Centennial Road) 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.
6. 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.
7. That the owner shall enter into a Modified Subdivision Agreement with the City of
Kitchener to be prepared by the City Solicitor and registered on title of the severed and
retained lands which shall include the following condition:
That prior to initiation of any site development works, grading or issuance of a
building permit the Owner agrees to submit and receive approval of a Site Plan to
the satisfaction of the City's Manager of Site Development and Customer Service,
which reflects, at minimum, any proposed changes to lot size and/or any proposed
changes to site operation.
8. That the owner shall enter into a Modified Subdivision Agreement with the City of
Kitchener to be prepared by the City Solicitor and registered on title of the lands to be
retained which shall include the following conditions (subject to any necessary
amendments to parcel descriptions based on deposited reference plan), and shall submit
the Letter of Credit, and Acknowledgment and Direction identified therein:
The owner shall agree that parkland dedication requirements for both Parcel A and
Parcel B shall be fulfilled by the dedication of Parcel C to the City of Kitchener at
no cost and free of encumbrances. The owner shall agree that Parcel C shall be
dedicated to the City upon satisfactory completion of a Record of Site Condition
and in accordance with the terms of this registered Agreement.
b. The owner shall deliver to the City, together with the executed copy of this
Agreement, a Letter of Credit in the amount of $30,000.00, to the satisfaction of
the City Solicitor, to be held for use by the City to complete a Record of Site
Condition should one not be completed by the Owner in accordance with the terms
of this registered Agreement.
C. The owner shall agree to complete a Record of Site Condition by January 31, 2022
for the lands to be dedicated. Should the Record of Site Condition not be received
to the satisfaction of the City Solicitor by January 31, 2022, the City may use the
Letter of Credit to have a Record of Site Condition completed. The City, its
employees, agents or contractors may, at the City's sole option enter on the lands
and so complete the required works to the extent of the monies received under the
Letter of Credit. The Letter of Credit, or any portion of the Letter of Credit not
otherwise spent by the City to complete the required works herein, shall be
released by the City when the required Record of Site Condition has been
completed to the satisfaction of the City Solicitor.
The owner shall deliver to the City, together with the executed copy of this
Agreement, an executed Acknowledgment and Direction to be prepared by the
City Solicitor authorizing the City and its solicitor to electronically register a
Transfer of title to the lands to be dedicated, in favour of the City, in the event of
default by the owner to complete the Record of Site Condition and convey title to
said lands to the City in accordance with the terms and provisions of this registered
Agreement.
It is the opinion of this Committee that:
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 - 8 - CITY OF KITCHENER
1. Submission Nos.: B 2019-074 & B 2019-075 (Cont'd)
1. A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee
shall lapse two years from the date of approval, being January 21, 2022.
Carried
Submission No.: B 2019-075
Moved by Ms. J. Meader
Seconded by Mr. B. McColl
That the application of GATEKEY AGGREGATES INC. requesting permission to sever a parcel
of land identified as Parcel B on the severance sketch attached to Development Services
Department report DSD -20-018 having a width of approximately 118m and an area of
approximately 1.06ha to be conveyed as a lot addition to the property municipally addressed as
80 Centennial Road, on Part Lot 121, German Company Tract, 32 Forwell Road, Kitchener,
Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are
no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall ensure the draft reference plan showing the proposed lot additions
and parkland dedication (being Parcel A, Parcel B and Parcel C generally as shown on
the severance sketch attached to Report DSD -20-018) be submitted and approved by the
City's Director of Planning, in consultation with the City's Director of Parks and
Cemeteries.
4. That the owner shall agree to submit an Addendum to the Slope Stability Assessment
prepared by Chung and Vander Doelen Engineering Ltd. (dated November 1, 2019, and
updated December 2019) to confirm that construction of a trail within the 6 metre Erosion
Access Allowance, shown on Drawing 3, would not impact the slope, to the satisfaction
of the Grand River Conservation Authority.
5. That the owner shall ensure the lands to be severed be added to the abutting lands (being
80 Centennial Road) 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.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 - 9 - CITY OF KITCHENER
Submission Nos.: B 2019-074 & B 2019-075 (Cont'd)
6. 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.
7. That the owner shall enter into a Modified Subdivision Agreement with the City of
Kitchener to be prepared by the City Solicitor and registered on title of the severed and
retained lands which shall include the following condition:
That prior to initiation of any site development works, grading or issuance of a
building permit the owner agrees to submit and receive approval of a Site Plan to
the satisfaction of the City's Manager of Site Development and Customer Service,
which reflects, at minimum, any proposed changes to lot size and/or any proposed
changes to site operation.
8. That the owner shall enter into a Modified Subdivision Agreement with the City of
Kitchener to be prepared by the City Solicitor and registered on title of the lands to be
retained which shall include the following conditions (subject to any necessary
amendments to parcel descriptions based on deposited reference plan), and shall submit
the Letter of Credit, and Acknowledgment and Direction identified therein:
The owner shall agree that parkland dedication requirements for both Parcel A and
Parcel B shall be fulfilled by the dedication of Parcel C to the City of Kitchener at
no cost and free of encumbrances. The owner shall agree that Parcel C shall be
dedicated to the City upon satisfactory completion of a Record of Site Condition
and in accordance with the terms of this registered Agreement.
The owner shall deliver to the City, together with the executed copy of this
Agreement, a Letter of Credit in the amount of $30,000.00, to the satisfaction of
the City Solicitor, to be held for use by the City to complete a Record of Site
Condition should one not be completed by the owner in accordance with the terms
of this registered Agreement.
C. The owner shall agree to complete a Record of Site Condition by January 31, 2022
for the lands to be dedicated. Should the Record of Site Condition not be received
to the satisfaction of the City's Solicitor by January 31, 2022, the City may use the
Letter of Credit to have a Record of Site Condition completed. The City, its
employees, agents or contractors may, at the City's sole option enter on the lands
and so complete the required works to the extent of the monies received under the
Letter of Credit. The Letter of Credit, or any portion of the Letter of Credit not
otherwise spent by the City to complete the required works herein, shall be
released by the City when the required Record of Site Condition has been
completed to the satisfaction of the City Solicitor.
The owner shall deliver to the City, together with the executed copy of this
Agreement, an executed Acknowledgment and Direction to be prepared by the
City Solicitor authorizing the City and its solicitor to electronically register a
Transfer of title to the lands to be dedicated, in favour of the City, in the event of
default by the owner to complete the Record of Site Condition and convey title to
said lands to the City in accordance with the terms and provisions of this registered
Agreement.
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.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 _10- CITY OF KITCHENER
1. Submission Nos.: B 2019-074 & B 2019-075 (Cont'd)
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee
shall lapse two years from the date of approval, being January 21, 2022.
Carried
NEW BUSINESS:
MINOR VARIANCE APPLICATIONS:
1. Submission No.: A 2020-001
Applicants: 2607330 Ontario Street
Property Location: 618 King Street West
Legal Description: Lots A & C, Plan 437 and Part Lots 53-55, Plan 376, Reference
Plan 58R-3398, save & except Part 4 on Reference Plan 58R-17368
Appearances:
In Support: G. Piccini
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission for an existing 920 sq.m. office
building to have 832 sq. m. office use and 88 sq. m. restaurant (cafe) use with 31 off-street parking
spaces rather than the required 33 off-street parking spaces.
The Committee considered Development Services Department report DSD -20-011 dated January
10, 2020 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
January 3, 2020 advising they have no concerns with this application.
Mr. G. Piccini was in attendance in support of the subject application and staff recommendation.
He confirmed the adjacent property to the rear is where the majority of the off-street parking
spaces identified in the subject application are located; however, he could not confirm this date
whether the ownership was the same for both properties.
In response to questions, Mr. R. Kelly-Ruetz stated the original site plan was completed in the
1980's and there was no off-site parking agreement at that time. He stated Planning staff are
prepared to recognize the situation as an existing condition, noting the applicant was updating
the Site Plan at this time.
Ms. J. Meader suggested, and it was agreed, that a condition be added to the Committee's
decision this date to require the owner to enter into an off-site parking agreement in perpetuity
to secure 31 off-street parking spaces to the satisfaction of the City Solicitor and the Director of
Planning, and registered on title.
Moved by Mr. S. Hannah
Seconded by Ms. J. Meader
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 - 11 - CITY OF KITCHENER
Submission No.: A 2020-001 (Cont'd)
That the application of REGO REALTY (2607330 ONTARIO INC.) requesting permission for an
existing 920 sq.m. office building to have 832 sq.m. office use and 88 sq.m. restaurant (cafe)
use with 31 off-street parking spaces rather than the required 33 off-street parking spaces, on
Lots A & C, Plan 437 and Part Lots 53-55, Plan 376, Reference Plan 58R-3398, save & except
Part 4 on Reference Plan 58R-17368, 618 King Street West, Kitchener, Ontario, BE
APPROVED, subject to the following condition:
That the owner shall enter into an off-site parking agreement in perpetuity to the
satisfaction of the Director of Planning and the City Solicitor and the agreement shall be
registered on title.
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
2. Submission No.: A 2020-002
Applicants: Witold and Barbara Wilczynski
Property Location: 149 Roxborough Avenue
Legal Description: Lot 8, Plan 781
Appearances:
In Support: W. Wilczynski
Contra: None
Written Submissions: None
The Committee was advised the applicants are requesting permission to construct a one -storey
sunroom addition in the easterly yard on an existing single detached dwelling containing a home
office having a rear yard setback of 4.48m rather than the required 7.5m under Zoning By-law 85-
1 in current force and effect; and, permission under Zoning By-law 2019-051 to have a rear yard
setback of 4.48m rather than the required 7.5m; a building height of less than 11 m whereas the By-
law requires a minimum building height of 11m; a Floor Space Ratio (FSR) of less than 0.6m
whereas the By-law requires a minimum FSR of 0.6; having 0 off-street barrier -free parking spaces
rather than the required 1 off-street barrier -free parking space; having 0 Class A and Class B bicycle
parking spaces rather than the required 1 Class A bicycle parking space and 3 Class B bicycle
parking spaces; a southerly side yard setback of 1.6m abutting a residential zone rather than the
required 7.5m; to permit a non-residential use that does not abut the entire length of the street line
fapade whereas the By-law requires a non-residential use to abut the entire length of the street line
fapade; to have a ground floor street line fapade width as a percentage of the width of the abutting
a street line of less than 50% whereas the By-law requires a minimum of 50% on the Highland
Road West frontage; and, to have a minimum street line fapade opening of less than 50% whereas
a minimum of 50% is required on the Highland Road West and Roxborough Avenue frontages.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 -12- CITY OF KITCHENER
2. Submission No.: A 2020-002 (Cont'd)
The Committee considered Development Services Department report DSD -20-012 dated January
10, 2020 recommending approval of this application, subject to the condition outlined in the Report.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
January 3, 2020 advising although they have no concerns with this application, they noted a future
development application for the subject property may require the dedication of a 7.62 metre daylight
triangle at the northeast corner of the property.
Mr. W. Wilczynski was in attendance in support of the subject application and staff
recommendation. In response to questions, he stated the majority of visitors to the subject
property use public transit, not bicycles. In response to further questions, Mr. R. Kelly-Ruetz
stated the bicycle parking requirement was waived as the subject property is zoned residential
rather than commercial.
Mr. S. Hannah suggested, and it was agreed, an additional condition be added to the
Committee's decision this date to ensure the proposed sunroom addition will be 1 -storey in
height.
Moved by Ms. J. Meader
Seconded by Mr. M. Kidd
That the application of WITOLD and BARBARA WILCZYNSKI requesting permission to
construct a 1 -storey sunroom addition in the easterly yard on an existing single detached
dwelling containing a home office to have a rear yard setback of 4.48m rather than the required
7.5m under Zoning By-law 85-1 in current force and effect; and, permission under Zoning By-
law 2019-051 to have a rear yard setback of 4.48m rather than the required 7.5m; a building
height of less than 11 m whereas the By-law requires a minimum building height of 11 m; a Floor
Space Ratio (FSR) of less than 0.6m whereas the By-law requires a minimum FSR of 0.6; having
0 off-street barrier -free parking spaces rather than the required 1 off-street barrier -free parking
space; having 0 Class A and Class B bicycle parking spaces rather than the required 1 Class A
bicycle parking space and 3 Class B bicycle parking spaces; a southerly side yard setback of
1.6m abutting a residential zone rather than the required 7.5m; to permit a non-residential use
that does not abut the entire length of the street line fapade whereas the By-law requires a non-
residential use to abut the entire length of the street line fapade; to have a ground floor street
line fapade width as a percentage of the width of the abutting a street line of less than 50%
whereas the By-law requires a minimum of 50% on the Highland Road West frontage; and, to
have a minimum street line fapade opening of less than 50% whereas a minimum of 50% is
required on the Highland Road West and Roxborough Avenue frontages, on Lot 8, Plan 781,
149 Roxborough Avenue, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
That the minor variances to Zoning By-law 2019-051 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.S. 1990, c. P 13, as amended, and the variances shall be deemed to
have come into force as of the date of this decision.
2. That the owner shall apply for a Site Plan application to the satisfaction of the Manager
of Site Development and Customer Service.
3. That the proposed addition outlined in Minor Variance application A 2020-002 shall be 1 -
storey in height.
It is the opinion of this Committee that:
The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan
is being maintained on the subject property.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21. 2020 -13- CITY OF KITCHENER
• Ii1r_r1 Me, LlrowwwZiY4iaiI8YINMiC
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Carried
3. Submission No.:
A 2020-003
Applicants:
5 Manitou Drive Inc.
Property Location:
5 Manitou Drive
Legal Description:
Lot 15, Plan 1490
Appearances:
In Support:
S. Patterson
Contra:
None
Written Submissions:
None
The Committee was advised the applicant is requesting permission for an existing mixed -used
building to provide no minimum Gross Floor Area (GFA) for a "retail" outlet whereas the By-law
requires a minimum 1,500 sq.m. devoted to "retail" use; and, permission to allow a "Dwelling Unit"
as a permitted use on the second floor only and that the total Floor Space Ratio (FSR) for all
dwelling units shall be a maximum of 2.0.
The Committee considered Development Services Department report DSD -20-013 dated January
10, 2020 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
January 3, 2020 advising although they have no concerns with this application, they noted a
dwelling located within the property boundaries of the stationary source is not considered as a
noise -sensitive land use for the purposes of this application.
Mr. S. Patterson was in attendance in support of the subject application and staff
recommendation. In response to questions, he advised he was unsure this date of the number
of residential dwelling units that would be constructed on the second floor, indicating there would
be more than one.
Ms. J. Meader questioned what the surrounding uses were in comparison to the subject property,
noting the area appeared to be primarily industrial. She questioned whether D6 guidelines for
sensitive land uses had been considered as part of the review of the subject application.
Ms. J. von Westerholt advised she would prefer to consult the file Planner to provide a more
detailed response regarding the review of the file and requested the application be set aside
until later in the meeting.
This application was temporarily set aside and dealt with later on this same date.
4. Submission No.: A 2020-004
Applicants: Freure Promontory Inc.
Property Location: 30 Saddlebrook Court
Leaal Description: Block 45. Reaistered Plan 58M-644
Appearances:
In Support: N. Bogaert
Contra: None
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 -14- CITY OF KITCHENER
4. Submission No.: A 2020-002 (Cont'd)
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a townhouse
development having a Floor Space Ratio (FSR) of 0.63 rather than the maximum 0.6 FSR
permitted; and, to have 142 off-street parking spaces rather than the required 144 off-street parking
spaces.
The Committee considered Development Services Department report DSD -20-014 dated January
10, 2020 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
January 3, 2020 advising they have no concerns with this application.
Mr. N. Bogaert was in attendance in support of the subject application and staff recommendation.
Moved by Mr. S. Hannah
Seconded by Mr. M. Kidd
That the application of FREURE PROMONTORY INC. requesting permission to construct a
townhouse development having a Floor Space Ratio (FSR) of 0.63 rather than the maximum 0.6
FSR permitted; and, to have 142 off-street parking spaces rather than the required 144 off-street
parking spaces, on Block 45, Registered Plan 58M-644, 30 Saddlebrook Court, Kitchener, Ontario,
BE APPROVED.
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is
being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and
taken into account as part of the Committee's decision-making process with respect to the subject
application. For more information please review the meeting minutes, which are available on the
City's website at www.kitchener.ca
Carried
5. Submission No.: A 2020-005
Applicants: 2522935 Ontario Inc.
Property Location: 196 Grand Flats Trail
Legal Description: Lot 29, Registered Plan 58M-605
Appearances:
In Support: P. Ha
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single detached
dwelling having a driveway located 7.85m from the intersection of Grand Flats Trail and Rivertrail
Avenue rather than the required setback of 9m.
The Committee considered Development Services Department report DSD -20-015 dated January
9, 2020 recommending approval of this application.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 -15- CITY OF KITCHENER
5. Submission No.: A 2020-005 (Cont'd)
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
January 13, 2020 advising they have no concerns with this application.
Mr. P. Ha was in attendance in support of the subject application and staff recommendation.
Moved by Mr. B. McColl
Seconded by Mr. M. Kidd
That the application of 2522935 ONTARIO INC. requesting permission to construct a single
detached dwelling having a driveway located 7.85m from the intersection of Grand Flats Trail
and Rivertrail Avenue rather than the required setback of 9m, on Lot 29, Registered Plan 58M-
605, 196 Grand Flats Trail, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Carried
6. Submission No.: A 2020-006
Applicants: Milestone Developments Inc.
Property Location: 95 Crosswinds Drive
Legal Description: Lot 197, Registered Plan 58M-597
Appearances:
In Support: P. Haramis
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single detached
dwelling having an easterly side yard setback of 1.25m rather than the required 1.5m.
The Committee considered Development Services Department report DSD -20-016 dated
December 27, 2019 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
January 3, 2020 advising they have no concerns with this application.
Mr. P. Haramis was in attendance in support of the subject application and staff recommendation.
Moved by Mr. M. Kidd
Seconded by Ms. J. Meader
That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a
single detached dwelling having an easterly side yard setback of 1.25m rather than the required
1.5m, on Lot 197, Registered Plan 58M-597, 95 Crosswinds Drive, Kitchener, Ontario, BE
APPROVED.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 -16- CITY OF KITCHENER
6. Submission No.: A 2020-006 (Cont'd)
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is
being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and
taken into account as part of the Committee's decision-making process with respect to the subject
application. For more information please review the meeting minutes, which are available on the
City's website at www.kitchener.ca
Carried
3. Submission No.: A 2020-003 (Cont'd)
Applicants: 5 Manitou Drive Inc.
Property Location: 5 Manitou Drive
Legal Description: Lot 15, Plan 1490
Ms. J. Meader reiterated her question to staff regarding whether D6 guidelines for sensitive land
uses had been considered as part of staff's review of the subject application, noting as part of
those guidelines, there are required setbacks for sensitive land uses.
Ms. J. von Westerholt advised the Official Plan permits residential uses for the subject property.
She indicated the development and adoption of the Official Plan was an extensive process that
would have reviewed noise and setbacks as part of that process prior to proposing future land
uses that were ultimately adopted.
Mr. R. Parent advised it was likely the Region of Waterloo did not seek a noise study as the
building is an existing condition. He stated if the property was vacant and proposed for
development, a noise study may have been requested.
Mr. S. Patterson further advised as the variance is a request to add an additional use and it is
an existing condition, it would not likely trigger a noise study condition. If the property owner was
proposing to add a third storey, a noise study would likely be requested at that time.
Ms. J. Meader suggested, and it was agreed, that Condition 3 of the staff recommendation be
amended to substitute "dwelling" with the word "residential".
Moved by Ms. J. Meader
Seconded by Mr. M. Kidd
That the application of 5 MANITOU DRIVE INC. requesting permission for an existing mixed -used
building to provide no minimum Gross Floor Area (GFA) for a "retail" outlet whereas the By-law
requires a minimum 1,500 sq.m. devoted to "retail" use; and, permission to allow "Dwelling Unit" as
a permitted use, on Lot 15, Plan 1490, 5 Manitou Drive, Kitchener, Ontario, BE APPROVED,
subject to the following conditions:
1. That a dwelling unit is permitted only within a mixed use building containing at least one
other non-residential use.
2. That a dwelling unit is not permitted on the ground floor of a building
3. That the total maximum floor area for all residential units shall not exceed a FSR of 2.0
It is the opinion of this Committee that:
1. The variances requested in this application are minor.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 -17- CITY OF KITCHENER
3. Submission No.: A 2020-003 (Cont'd)
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is
being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and
taken into account as part of the Committee's decision-making process with respect to the subject
application. For more information please review the meeting minutes, which are available on the
City's website at www.kitchener.ca
Carried
CONSENT APPLICATIONS
1. Submission Nos.: B 2020-001 to B 2020-004
Applicant: WAM Fischer -Hallman G.P. Inc.
Property Location: 1250, 1270 & 1314 Fischer Hallman Road
Legal Description: Lot 4 and Part of Lot 2, Plan 1471
Mr. S. Hannah declared a pecuniary interest with this application as his has a client that has
potential interest in the subject property. As such, he did not participate in any discussion or voting
with respect to this application and left the meeting at this time.
Appearances:
In Support: M. Campbell
J. Marshall
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to sever 3 parcels of land, Lots
1 and 3 on the plan submitted with the application are intended for future development and Lot 4 is
intended to be deemed open space. The retained land Lot 2 on the plan submitted with the
application is also intended for future development. Permission is also being requested to grant
easements to facilitate the future development over the three severed parcels for access, servicing
and stormwater purposes. Permission will also be required to grant an easement over Lot 4 (open
space) for the purpose of stormwater management. The dimensions of the lots are approximately
proposed as follows:
B 2020-001 - Lot 1 on the plan submitted with the application (Corner of Fischer -Hallman Road and
Bleams Road)
Frontage: 74.5m
Area: 0.794 hectares
B 2020-002 - Lot 2 on the plan submitted with the application
Frontage: 207.4m
Area: 3.195 hectares
B 2020-003 - Lot 3 on the plan submitted with the application (irregular in shape)
Frontage: 39.3m
Area: 1.903 hectares
B 2020-004 - Lot 4 on the plan submitted with the application
Frontage: 11.27m
Area: 0.792 hectares
The Committee considered Development Services Department report DSD -20-019 dated January
14, 2020 and comments from the Region of Waterloo, Planning, Development and Legislative
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 -18- CITY OF KITCHENER
Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
Services dated January 10, 2020 recommending deferral of these applications to the February 18,
2020 meeting to allow additional time to address concerns regarding the proposed access
roundabout at Fisher Hallman, site servicing for the subject lands and other relevant matters.
The Committee considered the report of the Grand River Conservation Authority (GRCA) dated
January 9, 2020 advising although they have no objection to these applications, they noted the
subject lands contain erosion hazard and its associated allowance as well as the allowance to a
wetland located on an adjacent property. They further advised due to the presence of the resource
features noted above, any future development proposed within GRCA regulated areas will require
prior issuance of a GRCA permit pursuant to Ontario Regulation 150/06.
The Committee was in further receipt this date of revised Development Services Department report
DSD -20-019 dated January 21, 2020 recommending approval of these applications subject to the
conditions outlined in the Report.
The Committee was in further receipt this date of comments from the Region of Waterloo, Planning,
Development and Legislative Services dated January 21, 2020 recommending approval of these
applications, subject to the following conditions:
1. That prior to final approval, the owner/applicant submit the consent review fee of $350.00
per new lot created to the Region of Waterloo.
2. The owner/applicant enter into an agreement with the Region of Waterloo, to submit a
detailed Environmental Noise Study prior to Site Plan Approval, and enter into a further
supplementary agreement to implement the recommendations of the noise study.
3. That the owner/applicant enter into an agreement with the City of Kitchener, to submit a
detailed Stationary Noise Study prior to Site Plan Approval, and enter into a further
supplementary agreement to implement the recommendations of the noise study.
4. Notwithstanding the above -stated condition, the owner/applicant is required to enter into a
development agreement with the City of Kitchener to include the following warning clause
in any offers to purchase and/or rental agreements:
"Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and
industrial facilities, the sound from which may at times be audible."
5. That prior to final approval, the owner/applicant submit a final Stormwater Management
Report for review and approval by the Region of Waterloo.
6. That the owner provide a draft reference plan showing the requested specific easements for
access, stormwater and servicing, as well as a description of the purpose of the easements,
rights, privileges being granted, for registration, to the satisfaction of the Region of Waterloo.
7. That the Transfer Easement documents required to create the easements being approved
herein shall include the following and shall be approved by the Region, in consultation with
the City:
a. A clear and specific description of the purpose of the easements and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
b. A clause/statement/wording confirming that the easements being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released,
or otherwise dealt with without the express written consent of the City.
8. That the owner/applicant provide the Region a satisfactory Solicitor's Undertaking to register
the approved Transfer Easements and to immediately thereafter provide copies thereof to
the Region's Solicitor to be provided to the Region Solicitor.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 _19- CITY OF KITCHENER
Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
9. That prior to final approval, as recommended in the Transportation Impact Study entitled
"Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of
Kitchener" authored by WSP (Apri12018) provide a functional design for the proposed
southerly access on Fischer -Hallman Road (interim traffic control signal/permanent
roundabout), to the satisfaction of the Region.
10. That prior to final approval, the owner shall enter into an agreement with the Region of
Waterloo to provide the functional design, approved cost estimate, and letter of credit all to
the satisfaction of the Region of Waterloo, for the Region of Waterloo to install the interim
traffic control signals at the southerly most access of the site to Fischer -Hallman Road, and
the dedication ofthe lands required from the developer to implement the traffic control signal,
free and clear of all encumbrances at no expense to the Region of Waterloo;
11. That prior to final approval, the owner shall enter into an agreement with the Region to
provide the approved Preliminary Roundabout Design, approved cost estimate, and letter
of credit, all to the satisfaction of the Region of Waterloo, to secure the funds required for
the Region of Waterloo to remove the traffic control signals at the southerly most access of
the site to Fischer -Hallman Road and install a permanent centre aligned roundabout in its
place, and the dedication of the lands required from the developer to implement the
permanent centre aligned roundabout. The Letter of Credit shall include all costs for land
acquisition by the Region (including expropriation costs) for all required lands from
properties not owned by the Developer, free and clear of all encumbrances at no expense
to the Region of Waterloo.
Messrs. M. Campbell and J. Marshall were in attendance in support of the subject applications. Mr.
Campbell provided a brief overview of their applications and advised they have been working
towards developing the site for the past four years. He thanked both City and Regional staff for
providing revised comments for the Committee's consideration this date, stating he had read
through the reports and expressed concerns with Conditions 23, 24 and 25 as outlined in revised
Report DSD -20-019, dated January 21, 2020 as requested by the Region related to transportation
measures. He stated they are currently in consultation with the Region of Waterloo with regards to
an active Site Plan application and in his opinion, the transportation management conditions would
be addressed through that process. Mr. Campbell stated they could not accept the transportation
conditions at this time, indicating they may be problematic for the future development. He
expressed further concerns with Conditions 16 and 17 related to a Noise Study, stating in his
opinion they have already been addressed through the Holding Provision applied to the property,
which is currently under appeal at the Local Planning Appeal Tribunal (LPAT) and through the Site
Plan approval process. He stated if the Committee was unwilling to remove Conditions 16 and 17,
they would be prepared to clear them if they were imposed, pending the conditions were reworded
to address sensitive land uses only. He expressed concerns that if they were not reworded, they
may delay the proposed commercial development.
Mr. R. Parent advised Regional staff could not comment further without dialoguing offline with City
staff. He requested the Committee's indulgence and requested a small recess.
The Committee recessed at 11:09 a.m. and reconvened at 11:18 a.m. with all members present, Chaired
by Mr. D. Cybalski.
Mr. M. Colley advised Region staff would not be in a position to remove Conditions 16 and 17
related to the Noise Study requirements, as Regional staff, through the Site Plan Approval process,
would not have any mechanism through that process to require the implementation of any
recommendations arising from that Study. He indicated with regards to the Holding Provision
related to Noise requirements, he would need to confirm further, adding it would likely be removed
from the Holding Provision because the requirement was being imposed through the Consent
decisions. Mr. Colley further advised the conditions are intended to address environmental and
stationary noise for the entirety of the site to ensure proper implementation for both the commercial
and residential portions of the property and to address onsite and off-site receptors for the property
and any adjacent properties.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21, 2020 -20- CITY OF KITCHENER
1. Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
Mr. Parent further advised Conditions 23, 24 and 25 all relate to transportation matters. He stated
the severance sketch for Lot 2 and 3 specifically indicates driveway access is premised on an
intersection design that the Region and the applicant are currently working through. He stated as
of this date, there is no functional design for a future roundabout at that location. Mr. Parent stated
in consultation with the Region's senior staff, the conditions proposed this date are the Region of
Waterloo's final conditions, adding they would not accept any proposed amendments.
Mr. Campbell advised they would be amenable to accepting Conditions 16 & 17 as proposed, but
unable to accept Conditions 23, 24 and 25 this date. He stated if the Committee was not in the
position to remove those conditions, he requested a deferral for the subject applications. He
requested the Committee's support for the applications this date, stating in his opinion Conditions
23, 24 and 25 are redundant and would be addressed through the Site Plan approval process.
Submission Nos.: B 2020-001 to B 2020-004
Moved by Mr. B. McColl
Seconded by Ms. J. Meader
That the applications of WAM FISCHER-HALLMAN G.P. INC. requesting permission to sever 3
parcels of land. Lots 1 and 3 on the plan submitted with the application are intended for future
development and Lot 4 is intended to be deemed open space; and, to grant easements to facilitate
the future development over the three severed parcels for access, servicing and stormwater
purposes and an easement over Lot 4 (open space) for the purpose of stormwater management,
on Lot 4 and Part of Lot 2, Plan 1471, 1250, 1270 & 1314 Fischer Hallman Road, Kitchener, Ontario,
BE DEFERRED to the February 18, 2020 Committee of Adjustment meeting to allow additional
time to dialogue with City Staff and Region of Waterloo regarding recommended conditions of
approval.
Carried
The Committee recessed at 11:23 a.m. and reconvened at 11:28 a.m. with all member presented Chaired
by Mr. D. Cybalski.
MINOR VARIANCE APPLICATIONS (CONT'D):
7. Submission No.: A 2020-007
Applicants: Milestone Developments Inc.
Property Location: 78 Valleybrook Drive
Legal Description: Lot 45, Registered Plan 58M-605
Appearances:
In Support: P. Haramis
Contra: M. & G. Dhaliwal
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single detached
dwelling having an easterly side yard setback of 0.82m rather than the required 1.2m.
The Committee considered Development Services Department report DSD -20-017 dated
December 257, 2019 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
January 3, 2020 advising they have no concerns with this application.
Mr. P. Haramis was in attendance in support of the subject application and staff recommendation.
COMMITTEE OF ADJUSTMENT MINUTES
JANUARY 21. 2020 -21- CITY OF KITCHENER
F�*0 *I i1r-rl Me, Llrow-iWiY4iaiI8fLNMiC
Ms. M. Dhaliwal and Mr. G. Dhaliwal were in attendance in opposition of the subject application.
Ms. Dhaliwal expressed concerns with the proposed side yard setback reduction, noting they
own the property directly adjacent to the subject property. She indicated she had a number of
conversations with the builder regarding their property before purchasing it and it was their
understanding that the setbacks would be maintained.
The Chair noted there have been a number of similar applications requested by the builder for
the same street, noting setback reduction would be consistent with the existing streetscape. In
response to questions, Mr. Haramis confirmed there are a number of new homes within the area
that already have had setback adjustments.
Ms. J. von Westerholt advised the proposed distance separation between the two dwellings
would be approximately 2m. She advised staff have no objections to the requested variance,
stating the reduction is approximately 40cm difference.
Mr. S. Hannah advised he sympathized with the neighbours in attendance in opposition, noting
there are Building Code requirements related to the placement of windows and the reduction
would likely have little impact on concerns for privacy. He indicated the proposed side yard would
minimic the existing rhythm on the street.
Moved by Ms. J. Meader
Seconded by Mr. B. McColl
That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a
single detached dwelling having an easterly side yard setback of 0.82m rather than the required
1.2m, on Lot 45, Registered Plan 58M-605, 78 Valleybrook Drive, Kitchener, Ontario, BE
APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is
being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and
taken into account as part of the Committee's decision-making process with respect to the subject
application. For more information please review the meeting minutes, which are available on the
City's website at www.kitchener.ca
Carried
ADJOURNMENT
On motion, the meeting adjourned at 11:37 a.m.
Dated at the City of Kitchener this 21st day of January, 2020.
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment
