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HomeMy WebLinkAboutCA Agenda - 2020-07-21THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 �IT{'� it �`�' Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594 As amended and Ontario Regulations 197/96 and 200/96, as amended. holly. dyson@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener that was previously scheduled and was cancelled for TUESDAY, March 17, 2020, has been RESCHEDULED for TUESDAY, July 21, 2020 commencing at 10:00 a.m. as an electronic meeting for the purpose of hearing the following applications for Minor Variance and/or Consent. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. Please note this electronic meeting is a public meeting and will be recorded. PLEASE NOTE: Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is only open for select services. Members of the public are invited to watch in this meeting electronically by accessing the meeting live -stream video at kitchener.ca/watch now. Information on how you can participate or submit written comments for any matter on this agenda are provided below. HOW TO PARTICIPATE: ➢ All applications must be represented by an applicant or agent to be considered by the Committee. Please follow the registration information as listed below to confirm the most up-to-date contact information. As in-person meetings are not an option at this time, you can view or participate in a meeting as follows: • To participate you can register no later than 4:00 p.m. on Monday July 20, 2020. To register please email Dian na.Saunderson(a)-kitchener.ca or via phone at 519-741-2203. When registering you must provide your full contact name including mailing address, email address, phone number and application you would like to comment on. Once you are registered you will receive an email including information on how to connect to the Zoom meeting (i.e. weblink of conference call number); • You can provide a written submission no later than 8:30 a.m. Tuesday July 21, 2020, which would be circulated to the Committee for consideration. All written submissions MUST include your full name, mailing address, phone number and email address if possible. Failure to include your contact information will prevent it from being circulated to the Committee. Even if you are unsure whether you would like to speak but would rather listen and watch the meeting with the option to comment on a particular application, please register with the Secretary -Treasurer (information provided above). You will not be required to speak if you choose not to. Copies of written submissions and public agencies' comments are available on the City of Kitchener website www. kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. Page 1 of 4 APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2020-019 - 33 Lancaster Street East Permission to convert an existing duplex to a triplex having a northerly side yard setback of 1.2m and a southerly side yard setback of 1.42m rather than the required 1.5m; having 2 of the required off-street parking spaces to be in tandem whereas the By-law does not permit the required off-street parking spaces to be in tandem; and, to allow 2 off-street parking spaces to be located between the front fagade and the lot line whereas the By-law does not permit parking between the front fagade and the lot line. P_VZON11MI OM4 ■ 01Ca 117-T•7i7_MiiR , Permission to allow a "Semi-detached dwelling" Use in an R3 Zone, whereas the By-law does not permit a semi-detached dwelling within an R-3 Zone. A 2020-021 - 44 Beasley Drive Permission to allow a "commercial school' and "light repair operation" that was previously permitted in a B- 3 Zone, whereas the building is now Zoned Employment Land Use EMP -5 under Zoning By-law 2019-051 and no longer permits those uses. A 2020-022 - 903 Zeller Crescent Permission to legalize a townhouse dwelling having a widened driveway with the parking space located in front of the stairs to have a depth of 4.5m rather than the required 5.5m. A 2020-023 - 312 Weber Street West Permission to legalize a single detached dwelling/home business (health office -registered massage therapy) having the required off-street parking space located within the garage to be 3.1m from the lot line rather than the required 6m; and, 1 off-street parking space for the home business to encroach into the Regional right- of-way having a width of 2.6m by a depth of 4.5m rather than the required 2.6m by 5.5m. A 2020-024 - 85 Wood Street Permission to construct a garage in the northerly side yard of an existing single detached dwelling having a side yard setback of 0.3m rather than the required 0.6m. A 2020-025 - 624 King Street West Permission to construct a multi -residential development: "Building A" will have 4 stories in height containing 19 units and "Building B" will have 3 stories in height containing 15 units having a rear yard setback for "Building B" of 2m rather than the required 7.5m; a parking rate of 0.67 spaces/per-unit (23 off-street parking spaces) rather than the required 1 spaces/per-unit (34 off-street parking spaces); and, a visitor parking rate of 8% (2 off-street parking spaces) rather than the required 20% (5 off-street parking spaces). A 2020-026 - 924 Redtail Court Permission to construct a covered porch in the rear yard of an existing single detached dwelling having a rear yard setback of 5.83m rather than the required 7.5m. A 2020-027 - 293 Field Sparrow Crescent Permission to construct a single detached dwelling with covered porch in the rear yard having a rear yard setback of 6.7m rather than the required 7.5m. A 2020-028 - 783 Guelph Street Permission to construct a 65 -unit stacked townhouse development having a front yard setback of 5.3m rather than the required 12.7m; a parking rate of 1.12 spaces/per-unit rather than the required 1.25 spaces per- unit; and, a visitor parking rate of 10% rather than the required 20%. Page 2 of 4 B 2020-010 - 123 Pioneer Drive Permission for a lease in excess of 21 years to Tim Hortons for the building they occupy on Pioneer Drive. B 2020-011 - 98 Strange Street Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 8.38m, a depth of 48.31 m and an area of 437.1 sq.m. The retained land will have a width of 8.38m, a depth of 48.31 m and an area of 436.5 sq.m. B 2020-012 to B 2020-019 - Valencia Avenue Permission to grant access easements in the rear yard of two 6 -unit townhouse dwellings having frontage on Valencia Avenue abutting Woodbine Avenue. The block on the northerly side of Valencia Avenue includes Lots 1 to 6 and the block on the southerly side of Valencia Avenue includes Lots 7 to 12 on the plan submitted with the application. B 2020-012 - Lot 6 Grant an "L" shaped easement having a width on Valencia Avenue of 2.5m and a width in the rear yard of 0.9m in favour of Lots 2-5 on the plan submitted with the application. B 2020-013 - Lot 5 Grant a 0.9m wide easement in the rear yard in favour of Lots 2-4 and 6 on the plan submitted with the application. B 2020-014 - Lot 4 Grant a 0.9m wide easement in the rear yard in favour of Lots 2-3 and 5-6 on the plan submitted with the application. B 2020-015 - Lot 3 Grant a 0.9m wide easement in the rear yard in favour of Lots 2 and 4-6 on the plan submitted with the application. B 2020-016 - Lot 12 Grant an "L" shaped easement having a width on Valencia Avenue of 2.5m and a width in the rear yard of 0.9m in favour of Lots 8-11 on the plan submitted with the application. B 2020-017 - Lot 11 Grant a 0.9m wide easement in the rear yard in favour of lots 8-10 and 12 on the plan submitted with the application. B 2020-018 - Lot 10 Grant a 0.9m wide easement in the rear yard in favour of Lots 8-9 and 11-12 on the plan submitted with the application. B 2020-019 - Lot 9 Grant a 0.9m wide easement in the rear yard in favour of Lots 8 and 10-12 on the plan submitted with the application. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the online Council and Committee calendar; see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. Page 3 of 4 • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Local Planning Appeal Tribunal (LPAT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Holly Dyson at holly.dyson(a)kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 7th day of July 2020. Dianna Saunderson Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON FEBRUARY 28, 2020. Page 4 of 4 Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment March 17, 2020 1 :.x www1l tch en er. c a Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 10 March 6, 2020 DSD -20-042 A2020-019 — 33 Lancaster Street East Approve with Condition Subject Property — 33 Lancaster Street East *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property is zoned Residential Seven (R-7) and designated Low Density Multiple Residential in the Civic Centre Neighbourhood Plan for Land Use. The property is also located within the Civic Centre Neighbourhood Heritage Conservation District. To facilitate a change of use on the property from Duplex (2 units) to Multiple Dwelling (3 units), the applicant is requesting relief from following sections of the Zoning By-law: - Section 41.2.6 to permit a side yard setback of 1.2 metres rather than the required 1.5 metres; - Section 6.1.1.1 d) i) to permit 2 parking spaces between the fagade and the front lot line, whereas the By-law does not permit this for a Multiple Dwelling; and, - Section 4 to permit 2 of the required parking spaces to be in tandem, whereas the By-law does not permit this. The applicant has submitted a site plan application (below) and the variances are required to obtain site plan approval. Site plan for the subject property (currently under review) RESOENTM 5.21±... LANDSCAPED LLJFF 3 7.59±--- LLJ W e Elf �DwukEiF (j] n n3 No. 33 3 r 2 vI FOREY W LANDSCA=E] LriIC.K DWELLING� LLl !_Ofm H- 7.36±m 3 MMEL GRAVEL �-! 1E`,IT'r r. GARkGF ,b_50tm N E r, I+ 0 3 K: a 5.50±m 3 3 Site plan for the subject property (currently under review) ILL City Planning staff conducted a site inspection of the property on March 3, 2020. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent and Purpose of Official Plan Test The subject property is designated Low Density Multiple Residential in the Civic Centre Neighbourhood Plan for Land Use. The aim of the Low Density Multiple Residential designation is to maintain the overall low density, low rise residential character of the neighbourhood while allowing for some integrated redevelopment of the area. Conversions or redevelopment will be dependent upon the aesthetic provision of off-street parking in accordance with the provisions of the Zoning By- law. The variance to legalize the side yard setback and the variance to locate parking in tandem meets the general intent and purpose of the Official Plan as redevelopment is contemplated in this designation and the variances will facilitate said redevelopment. Regarding the variance to locate parking spaces in the front yard, the Secondary Plan policies emphasize the `aesthetic provision of off-street parking' as being a key consideration when contemplating redevelopment. As this property is redeveloping from a Duplex (2 units) to a 3 -unit Multiple Dwelling, it is important to ensure that the parking layout is complementary to the property and overall neighbourhood. To help achieve these objectives, conditions have been added that the driveway be screened with vegetation and that the driveway material be changed from existing gravel to a permeable paver (or similar). As these conditions are satisfied, staff will be further satisfied that the general intent and purpose of the Secondary Plan are met. 2. General Intent and Purpose of Zoning By-law Test The general intent of the side yard setback is to maintain sufficient separation from neighbouring properties and to ensure access to the rear yard is maintained. By legalizing the existing 1.2 metre side yard setback, staff is satisfied that the general intent of the By-law is maintained. This is an existing situation, the property owner will be able to access the rear yard, and there is sufficient separation from adjacent properties. The general intent of not permitting parking spaces to locate in tandem is to ensure that parking spaces for multiple dwellings can be accessed independently. Staff notes that for a Duplex use in the Zoning By-law, the parking spaces are permitted to be located in tandem. Essentially, the parking layout for the proposed 3 -unit multiple dwelling is the parking layout for a duplex (tandem), plus a third space that can be accessed independently without having to move another vehicle. As such, staff has no concerns with this layout and are satisfied that the general intent of the Zoning By-law is maintained. The general intent of not permitting parking spaces for a multiple dwelling between the fagade and the front lot line is to have parking spaces not visible from the street. In this case, while the parking spaces will be visible, the parking area will appear to function more like a traditional driveway, which often has space for parking vehicles in front of the property. This is also consistent with the streetscape. The driveway parking area is an existing situation not proposed to be expanded, and in theory, up to 3 vehicles could use those spaces now, whether or not the use of the building is as a 3 -unit multiple dwelling. As such, staff are satisfied that the general intent and purpose of the Zoning By-law is maintained. 3. "Minor" Test The property owner wishes to convert and existing duplex into a 3 -unit multiple dwelling and these variances are required to legalize the parking area and side yard setback. Staff is satisfied that the variances can be considered minor as no expansion is proposed to the existing parking area or building. That said, as the number of units on the site is proposed to increase to 3 from the existing 2, there will be an increased demand on the parking spaces available, especially since two of them are located in tandem. Further, the property is located within a Heritage District, and policies within the district guidelines speak to encouraging driveway materials to be permeable, and generally discouraging parking spaces in the front yard. Conditions have been added on this regard which will improve the driveway material in the front yard and screen the parking area from the street and sidewalk. 4. Desirability for Appropriate Development or Use Test The requested variances are appropriate for the development and use of the land, as the Multiple Dwelling (3 units) use is permitted on the property, the parking area is existing, and the built form on the property is not planned to change. The recommended conditions of approval will further ensure the parking area for the 3 -unit multiple dwelling is integrated into the site and overall neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved, subject to the condition listed in the recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit to change the use into a triplex is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services can support the proposed layout for parking spaces provided that there be no obstruction greater than 0.9m in height within the 4.57m driveway visibility triangles. Heritage Comments: The subject property is designated under Part V of the Ontario Heritage Act, located within the Civic Centre Neighbourhood Heritage Conservation District (CCNHCD), and categorized as a Group `C' building in the CCNHCD Plan. Any exterior alterations to the existing building may require the submission and approval of a Heritage Permit Application. In keeping with the guidelines contained in Sections 6.8.1 and 7.4.4 of the CCNHCD Plan for building conversions and streetscape design within the private realm, low hedges should be incorporated to screen the front yard parking and permeable types of paving, such as interlocking pavers, should be installed to maximize infiltration and mitigate hard surface parking in the front yard. As such, Heritage Planning staff requests the following condition: That prior the issuance of a Building Permit, low hedges are planted to screen parking and permeable pavers are installed to minimize hard surface parking in the front yard, to the satisfaction of the Coordinator, Cultural Heritage Planning. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-009 requesting relief from Section 41.2.6 to permit a side yard setback of 1.2 metres rather than the required 1.5 metres, Section 6.1.1.1 d) i) to permit 2 parking spaces between the fagade and the front lot line, whereas the By-law does not permit this for a Multiple Dwelling, and Section 4 to permit 2 of the required parking spaces to be in tandem, whereas the By-law does not permit this, BE APPROVED, subject to the following condition: That the Owner shall plant and maintain low hedges (0.9 metres in height) along the edge of the driveway closest to the front entrance of the house to screen parking, and that the entire driveway and parking area surface material be permeable pavers, interlocking stones, or other like material to promote an aesthetic parking area and to minimize hard surface parking in the front yard, to the satisfaction of the Coordinator, Cultural Heritage Planning. Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo Feb 27, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-019 — 33 Lancaster Street East — No Concerns. 2) A 2020-020 — 51 Nelson Avenue — No Concerns. 3) A 2020-021 — 44 Beasley Drive — No Concerns. 4) A 2020-022 — 903 Zeller Crescent — No Concerns. 5) A 2020-023 — 312 Weber Street West — No Concerns. 6) A 2020-024 — 85 Wood Street — No Concerns. 7) A 2020-025 — 624 King Street West — No Concerns. 8) A 2020-026 — 924 Redtail Court — No Concerns. 9) A 2020-027 — 293 Field Sparrow Crescent — No Concerns. 10)A 2020-028 — 783 Guelph Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 0 Committee of Adjustment March 17, 2020 www.kitch ever. ca Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Planner — 519-741-2200 ext. 7860 1 March 6, 2020 DSD -20-043 A2020-020 — 51 Nelson Avenue Approve with Conditions Location Map: 51 Nelson Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 51 Nelson Avenue is zoned Residential Three Zone (R-3), and designated Low Rise Residential in the City's Official Plan. The applicant is requesting to permit the use of the property as a semi-detached dwelling, whereas a semi-detached dwelling is not a permitted use in the zone. The applicant has submitted a proposed plan for the development with the application. City Planning staff conducted a site inspection of the property on March 4t", 2020. 51 Nelson Avenue (View from Nelson Avenue) 51 Nelson Avenue (View from Schweitzer Street) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The requested variance meets the general intent of the 2014 Official Plan. The Official Plan encourages redevelopment that provides for an appropriate range, variety and mix of housing types to satisfy the varying housing needs of the community. In addition, it encourages the retention, redevelopment and rehabilitation of existing housing to maintain the housing stock, stability, and community character of established residential neighbourhoods. It is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested variance meets the general intent of the Zoning By-law. The general intent of the Zoning By-law is to provide for overall low density uses in the zone. Staff is of the opinion that adding a semi-detached dwelling use, is a similar low density use as a duplex dwelling would be, which is permitted as of right in the current zoning. Furthermore, the property will be required to meet all semi-detached regulations as pertained to Section 38.2.2 of the Zoning By-law and will therefore meet the general intent of the Zoning By-law. Application is Minor 3. The variance is considered minor. The addition of an additional unit is a small increase and is not expected to cause adverse impacts. The site is large enough to meet all other regulations for a semi-detached dwelling with no other variances required. Application is Appropriate 4. The semi-detached dwelling use is appropriate for the neighbourhood. The neighbourhood already supports a variety of low density uses, including a semi-detached dwelling across the road from the subject property. The semi-detached dwelling use maintains the low density neighbourhood and it is not anticipated to impact any of the adjacent properties or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling are obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning staff has no concerns with this application. fo 24' Ah as NR sGMp F NCE a7 — i.tT7 p 52 9' oto AG 151 max.. I ,4,33 PIA`1 II ❑ D 5`- pl Ip �=4 �TM �I 194 OXD *AIR h O. -M I{Irl MM - QM I a f'"..J0 ..W 43,T} I 1, i' FI+hAQR a}.+711.AI .es eFFiA144" -. -_Lxsu usr,*1p68' pECK T94 a AR#L'F. TOR SAN L iE,.W Q€ f R'4Y x 30 fYA„.. Y ,� gRI£rid F G „,y r4c No 5e ru SM;VC 75 COZ L Ise 0.25 IA 090 ,5 8.�. I+ t HP r 177 �g TP 1512 Lk R� h EDGE CF ASPHALr C/L 13F ROAD — 5A11 SA1e NELSON AVENUE (8Y RCOSTERED PLAN 875� 51 Nelson Avenue — Proposed concept RECOMMENDATION That minor variance application A2020-011 requesting permission to permit a semi-detached dwelling use subject to the regulations of Section 38.2.2 whereas the By-law does not permit a semi-detached dwelling in the existing zone be approved with conditions: 1. For the owner to submit a Tree Management Plan/Arborist Report to be submitted and approved by the Director of Planning, prior to issuance of a building/demolition permit. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner Region of Waterloo Feb 27, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-019 — 33 Lancaster Street East — No Concerns. 2) A 2020-020 — 51 Nelson Avenue — No Concerns. 3) A 2020-021 — 44 Beasley Drive — No Concerns. 4) A 2020-022 — 903 Zeller Crescent — No Concerns. 5) A 2020-023 — 312 Weber Street West — No Concerns. 6) A 2020-024 — 85 Wood Street — No Concerns. 7) A 2020-025 — 624 King Street West — No Concerns. 8) A 2020-026 — 924 Redtail Court — No Concerns. 9) A 2020-027 — 293 Field Sparrow Crescent — No Concerns. 10)A 2020-028 — 783 Guelph Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Staff Report Development Services Department 1 K�_R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: March 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 10 DATE OF REPORT: March 6, 2020 REPORT #: DSD -20-044 SUBJECT: A2020-021 —44 Beasley Drive Recommendation — Refuse r "r Subject Property,1 W WE WE rp VON y 1 Location Map: 44 Beasley Drive REPORT The subject property at 44 Beasley Drive is zoned Business Park Service Centre Zone (B-3) in Zoning By-law 85-1 and zoned General Business Park Employment (EMP -5) with Site Specific Provision (82) in Zoning By-law 2019-051, the latter of which is currently under appeal. In the City's 2014 Official Plan, the property is designated Business Park Employment. A previous minor variance was approved in 2014 (A2014-081) to permit 100% office in the building; Site Specific Provision (82) was applied to the property in Zoning By-law 2019-051 to carry forward the 100% office permissions from the 2014 approval. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Background — New Zoning By-law 2019-051 Between 2014 and 2019, the City of Kitchener undertook the Comprehensive Review of the Zoning By- law (CRoZBy) which implemented, through zoning, the policies of the City's 2014 Official Plan for most non-residential lands in the City. An extensive public engagement program was followed which included providing written notice to over 3,700 properties, holding 10 open houses, receiving over 1,800 individual comments, providing over 400 formal responses letters from staff, and holding 2 statutory public meetings. The owner of the subject property at 44 Beasley Drive was among the many property owners included in the zoning by-law review that received notice and provided comment on the content of the new Zoning By-law. The subject property's base zone was proposed to be changing from Business Park Service Centre Zone (B-3) in Zoning By-law 85-1 to the comparable General Business Park Employment (EMP - 5) zone. As part of the change in zoning and the implementation of the policies of the 2014 Official Plan, various uses were removed, modified, and/or added. For example, some uses that were removed include: commercial recreation, convenience retail, hotel, dwelling unit, and studio. These uses are more commercial in nature and not contemplated in the 2014 Official Plan for the subject property. The current property owner was made aware of the changes, and provided comments to and received written responses from the CRoZBy team between 2015 and 2017. Zoning By-law 2019-051 was approved by Council in April 2019 and included the subject property's base EMP -5 zone. The property owner did not delegate to Council when the By-law was passed and is not among the appellants to the By-law. Variance Request The applicant is seeking to restore uses on the property that were previously permitted by the B-3 zoning in Zoning By-law 85-1. The applicant has indicated they do not have a specific tenant in place for either use. The applicant has requested relief from Section 10.2 of Zoning By-law 2019-051 to permit Commercial School and Light Repair Operation, whereas these uses are not permitted in the EMP -5 zone. As this variance request pertains exclusively to the (new) Zoning By-law 2019-051 and its EMP -5 zoning on the subject property, this report will focus exclusively on By-law 2019-051. Relevant Definitions In Zoning By-law 2019-051, the two (2) requested uses to be added to the property are defined as follows: Commercial School — means the use of a premises where teaching or instruction is offered for academics, arts, crafts, motor vehicle driving, language, modelling, hairdressing, gymnastics, beauty, culture, dancing, music, golf, yoga, martial arts, photography, business or trade, or other similar subjects, but shall not include an adult education school, elementary school, secondary school or post -secondary school. Light Repair Operation — means the use of a building for the servicing or repairing of household articles and appliances, but shall not include heavy repair operation, major equipment supply and service, or automotive detailing and repair operation. Staff notes that `Heavy Repair Operation' is currently a permitted use in the EMP -5 zone and although it is not included as part of the applicant's request, it is worth referencing its definition for Committee's reference: Heavy Repair Operation — means the use of a premises for the servicing or repairing of mechanical equipment including furnace or oil burners; water and air coolers; domestic water heaters; fixtures and equipment and any other like articles; heavy and light construction equipment; industrial and agricultural equipment; and lawn care equipment. Heavy repair operation shall not include a light repair operation, major equipment supply and service, or automotive detailing and repair operation. Planning Comments: Planning Staff conducted a site visit on March 3, 2020 In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent and Purpose of Official Plan Test The subject property is designated Business Park Employment in the Official Plan. This designation applies to lands which are planned as a unit and tend to be regarded as a prestigious location for certain industrial uses due to their need for access to major transportation corridors, high visibility, and distinct identity. In addition to the manufacturing and other employment uses found in the General Industrial Employment designation, there are a range of other permitted uses more commonly found in business parks. As the applicant has requested to add two uses to the property, each use will be examined separately for this test. Commercial School The request to add Commercial School as a use on the subject property does not meet the general intent and purpose of the Official Plan. The permitted uses on the property are listed in the policies of the General Industrial Employment section (15.D.6.17) and the Business Park Employment section (15.D.6.30). A Commercial School is a teaching and/or training establishment. Among all the uses permitted by the Official Plan on the subject property, there are some training facilities permitted: heavy equipment, motorcycle, motor vehicle, truck training and related commercial training establishments. The Commercial School definition in the Zoning By-law expands well beyond these examples by including training facilities for academics, arts, crafts, language, and modelling, among others. Based on the commercial nature of this list, a Commercial School is evidently a commercial use not contemplated by any relevant Official Plan policies for the subject site. However, the Business Park Employment Section does permits a limited range of `complementary service commercial uses'. The next section will examine if Commercial School can be considered as such. Is Commercial School a Complementary Service Commercial Use? Section 15.D.6.30 h) of the Official Plan permits a range of complementary service commercial uses in the Business Park Employment land use designation and provides a list of examples such as: - Restaurants, print shops, computer service facilities, financial establishments, personal services, fitness centres, recreation facilities, day care facilities, health offices, and veterinary services. The Commercial School use is not a `complementary service commercial use'. Complementary service commercial uses are those whose location on the business park lands is a function of their proximity to the traditional business park uses themselves. For instance, a restaurant use is likely to be a destination for employees at nearby businesses. A day care facility can offer child care to parents who are employed nearby. A fitness centre can offer memberships to nearby employees, who may choose to attend prior to, during, or after their working hours. A financial establishment may choose to locate in a business park to be close to their business clients. In contrast, a Commercial School does not share any of these characteristics. Though specific details were not provided with the application, a Commercial School can be a destination in -and -of itself for clientele who could feasibly travel to the business park for the sole purpose of attending courses (etc.) at said Commercial School. This is not the intent of the Business Park Employment lands and permitting such a use would compromise the integrity of the Business Park Employment lands and is not in keeping with the general intent and purpose of the Official Plan. Light Repair Operation The Business Park Employment policies permit most of the uses in the General Industrial Employment designation. This includes the aptly named `repair operations'. Therefore, there may be flexibility in the Official Plan to permit another type of repair operation on the subject property that is not otherwise permitted by the implementing EMP -5 zoning. However, the specifics on the use that the applicant is proposing are not known at this time. Employment lands are among the most important lands to protect and it is important to ensure that any new uses to be added to this zone are employment uses. The definition of Light Repair Operation is broad enough to permit some commercial uses which is not in keeping with the general intent of the Official Plan. Though the General Industrial Employment's permitting of `repair operations' is also broad, Staff is not comfortable permitting Light Repair Operations outright. Staff need more information such as the specific nature of the business to do a balanced review of the proposed use with regards to the Official Plan test. For these reasons, staff recommends that this request be refused until more details can be provided to Planning staff. 2. General Intent and Purpose of Zoning By-law Test The request to add Commercial School to the EMP -5 zone does not meet the general intent and purpose of the Zoning By-law. The intent of the permitted uses section of the EMP -5 zone is to implement the permitted uses in the Business Park Employment section of the Official Plan. With similar rationale to the extensive analysis undertaken in the first test, it is staffs position that the zoning does not contemplate this use as appropriate in the General Business Park Employment (EMP -5) zone. Therefore, the request does not meet the general intent and purpose of the Zoning By-law. Staff notes that should more details become available on the specific nature of the Light Repair Operation use, staff may be able to reassess the appropriateness of such a use in the EMP -5 zone. As such, staff is recommending refusal on the request to add Light Repair Operation as a use. For Committee's information, the EMP -5 zone was approved by Council in April 2019 as part of the overall approval of most non-residential zones of Zoning By-law 2019-051. In By-law 2019-051, Commercial School and Light Repair Operation were permitted in the Commercial (COM) and Mixed - Use (MIX) zones. 3. "Minor" Test Commercial School The variance to add Commercial School as a permitted use is not minor. A Commercial School is a commercial use, and adding such a use would compromise the integrity of the property's employment land use designation. Light Repair Operation The request to add Light Repair Operation as a permitted use in the EMP -5 zone has the potential to be minor as repair operation is contemplated on these lands; however, no details were provided on the specific nature of the use. Based on the information staff has to formulate its position, staff can only speculate as to how the use will ultimately function and there is room in the definition for repair operations that may be more appropriate for commercial and/or mixed-use lands. Therefore, staff recommend that this request be refused. 4. Desirability for Appropriate Development or Use of the Land Test The variance to add Commercial School as a permitted use is not appropriate for the development or use of the land. There is a limited supply of business park lands, and most permitted uses on business park lands cannot locate elsewhere in the City for reasons such as their industrial nature and/or proximity to residential uses. A Commercial School is not faced with these same restrictions and could locate on many other non -employment lands in the City (notably commercial or mixed-use lands). Permitting a Commercial School on business park lands is not appropriate as it would occupy space that could otherwise be uses by an employment use. Staff reiterate that depending on the specific nature of the Light Repair Operation, there may be grounds to consider the request provided more details are provided to staff to ensure that it remains an employment use in order to protect the limited supply of business park lands. As such details were not provided with the variance request, staff is recommending refusal on the request for a Light Repair Operation use. Summary of Staff Position Commercial School Staff recommends that the request to permit Commercial School be refused. There is no room in the City's Official Plan to permit a Commercial School on lands designated General Industrial Employment and it is staff's opinion that a change in land use designation would be required to permit such a use. It is staff's opinion that such a request is not appropriate to consider through a minor variance request. Light Repair Operation To protect the integrity of the employment zones, and ensure that any new uses are employment uses, staff recommends that the request to permit a Light Repair Operation be refused as the use has the potential to not meet the business park employment policies. More specifics are needed such as: nature of business, size and location of unit, etc. If further details are provided, staff would be able to consider the request knowing further details. There may be an opportunity to fit such a use in another permitted EMP -5 use, which would be staff's preferred approach. Potential Conditions of Approval for Lipht Repair Operation if so desired by the Committee of Adiustment: Notwithstanding the above section, should the Committee of Adjustment approve the request to add Light Repair Operation as a permitted use, staff recommends that consideration be given to the following conditions of approval: 1. That a Zoning (Occupancy) Certificate be applied for no later than August 31, 2020; 2. That Light Repair Operation be permitted only within the existing building(s); 3. That the maximum size of the Light Repair Operation be the lesser of 25% of the size of the existing building(s) or 1,500 square metres; and, 4. That the minor variance 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. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-021 requesting relief from Section 10.2 of Zoning By-law 2019-051 to permit Commercial School and Light Repair Operation BE REFUSED. Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner Region of Waterloo Feb 27, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-019 — 33 Lancaster Street East — No Concerns. 2) A 2020-020 — 51 Nelson Avenue — No Concerns. 3) A 2020-021 — 44 Beasley Drive — No Concerns. 4) A 2020-022 — 903 Zeller Crescent — No Concerns. 5) A 2020-023 — 312 Weber Street West — No Concerns. 6) A 2020-024 — 85 Wood Street — No Concerns. 7) A 2020-025 — 624 King Street West — No Concerns. 8) A 2020-026 — 924 Redtail Court — No Concerns. 9) A 2020-027 — 293 Field Sparrow Crescent — No Concerns. 10)A 2020-028 — 783 Guelph Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Staff Report K[R CommunityServicces Department www.kirchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: July 21, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 2 DATE OF REPORT: July 14, 2020 REPORT #: DSD -20-045 - Revised SUBJECT: A 2020-022 — 903 Zeller Cres Approve with Conditions Photo 1: 903 Zeller Cres (north of Zeller Drive). REPORT Planning Comments: The property is zoned R-6 in By-law 85-1 and designated Low Rise Residential in the Official Plan. Staff visited the site on March 10, 2020. The applicant is requesting permission to legalize a street townhouse dwelling having a widened driveway with an existing parking space, located in front of the stairs, to have a depth of 4.5 metres rather than the required 5.5 metres. Photo 2 Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. General Intent of the Official Plan The subject property is designated Low Rise Residential. The intent of the regulation is to encourage a full range of housing types to achieve a low-density neighbourhood. The existing use of the property as a street townhouse dwelling achieves this intent and therefore it is the opinion of staff that the requested parking space variance for a permitted use meets the general intent of the Official Plan. General Intent of the Zoning By-law The subject property has the one required legal off-street parking space located in the attached garage, which meets regulations. In approximately 2012, the driveway area in front of the garage was widened to the left side of the driveway. Enforcement staff received a complaint and subsequently closed the violation, as it was believed that the space complied with regulations. However, a further complaint brought to staff's attention that the widened area was in front of the porch and stairs had a depth of 4.5 metres whereas 5.5 metres is required. The intent of the minimum depth measurement is to ensure that vehicles can be adequately located in the space and not negatively affect the surrounding area by encroaching onto City lands and/or sidewalks. The owner is aware that the space will only accommodate small to mid-size vehicles and no vehicle shall encroach over the City sidewalk. This situation has existing for approximately 8 years now and there have been no current or open complaints. Transportation Planning staff is in support of the variance request. As the space can accommodate most residential vehicles and it has existed for some time with no further complaints, Planning staff is of the opinion that the general intent of the Zoning By-law is being met. Minor As noted above, the parking space deficiency has existed for some time, without further complaint, and the owner is aware that vehicles shall not encroach over the sidewalk. The parking depth of 4.5 metres can accommodate small to mid-size residential vehicles. Based on the above comments, staff are of the opinion that the variances are minor. Appropriate Development The variance acknowledges an existing situation which has not been a concern in regards to Enforcement for some time. Parking can be accommodated legally in the attached garage and larger vehicles can use the original driveway and or garage. Based on the above, staff is of the opinion that the variances are appropriate for the neighbourhood and development of the property. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: As this is an existing condition, Transportation Services can support the proposed application. Engineering Comments: No comments. Environmental Planning Comments: No concerns. RECOMMENDATION: That application A 2020-022 to legalize a street townhouse dwelling having a widened driveway with an existing parking space, located in front of the stairs, to have a depth of 4.5 metres rather than the required 5.5 metres, be approved, subject to the following condition; 1) That the owner obtain a curb cut permit from the Engineering Division; and, 2) That condition #1 be completed by October 31, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP Planning Technician (Zoning) Senior Planner Region of Waterloo Feb 27, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-019 — 33 Lancaster Street East — No Concerns. 2) A 2020-020 — 51 Nelson Avenue — No Concerns. 3) A 2020-021 — 44 Beasley Drive — No Concerns. 4) A 2020-022 — 903 Zeller Crescent — No Concerns. 5) A 2020-023 — 312 Weber Street West — No Concerns. 6) A 2020-024 — 85 Wood Street — No Concerns. 7) A 2020-025 — 624 King Street West — No Concerns. 8) A 2020-026 — 924 Redtail Court — No Concerns. 9) A 2020-027 — 293 Field Sparrow Crescent — No Concerns. 10)A 2020-028 — 783 Guelph Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Staff Report K[R CommunityServicces Department www.krrchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: W Committee of Adjustment July 21, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 10 July 14, 2020 DSD -20-046 - Revised A 2020-023 — 312 Weber Street West Approve with Conditions t - �.� V r ri. 3 7i?'.... idpr- 3:....� Photo 1: Subject property (located between Guelph and Blucher Streets). REPORT Planning Comments: The property is zoned R-5, 129U, in By-law 85-1 and designated as Low Rise Residential in the 2014 Official Plan. Staff visited the site on March 5, 2020. The applicant is requesting permission to legalize a single detached dwelling with an existing home business (health office - registered massage therapy) having the required off-street parking space located within the garage to be 3.1 metres from the lot line rather than the required 6 metres; and, for one off- street parking space for the home business to encroach into the Regional right-of-way having a width of 2.6 metres by a depth of 4.5 metres rather than the required 2.6 metres by 5.5 metres. It is noted that these variances were brought to staff's attention by a complaint from March 2018. Though the home business has continued to operate, the original concerns appear to be resolved in regards to the complaint and no further complaints have been received since 2018. Photo 2 Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. General Intent of the Official Plan The subject property is designated Low Rise Residential. The use of the property as a single detached dwelling with a home business meets the intent of the designation, which encourages a full range of housing types to achieve a low-density neighbourhood. The primary land use is residential, but it is intended that complimentary non-residential uses, such as a home business may be permitted provided appropriate zoning and regulations are in place. The home business meets all regulations of the by-law except for setback for the parking space for the dwelling (which is in the garage) and for the parking space for the home business to be undersized. As noted in the following sections, staff can support the two variances as the home business is consistent with the by-law regulations, and therefore does not compromise the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation for a 6 -metre setback for the parking space for the dwelling (in the garage) is to ensure that vehicles do not dominate the streetscape and to ensure that vehicles parking in front of the garage do not encroach onto the sidewalk or roadway. The subject dwelling was built in 1951 and, at that time, the garage was setback a minimum of 6 metres from the front lot line, which abuts a Regional road. However, since the property was originally developed, a road widening has been taken which has resulted in the current front lot line location (Photo 1). In addition, there exists a further 1.5 metres of Regional land before the sidewalk, resulting in a 4.5 setback before the sidewalk. The deficient 6 -metre setback is an existing situation and continues to permit a vehicle to park in front of the garage. The intent of the minimum parking space size (for the space in the driveway) is to ensure that vehicles can be adequately located in the space and not negatively affect the surrounding area. The requested variance of a parking space that 2.6 metres by 4.5 metres rather than the required 2.6 metres by 5.5 metres can accommodate smaller to mid-size vehicles. It is noted that the paved portion of the driveway is actually wider than 2.6 metres (Photo 2) and therefore larger vehicles can still be accommodated by parking at a slight angle on the paved driveway that is available. Region of Waterloo staff have advised that they are in support of the variances and that they have no concerns with the encroachment of the existing parking space onto Regional lands. It was advised that an encroachment agreement is not required with the Region. Transportation Planning staff also support the proposed variances. Therefore, City Planning staff are of the opinion that the intent of the Zoning By-law is being met. Minor In addition to the above comments, it is noted that the two parking variances have existed for more than two years and other than one complaint in 2018 there have been no further concerns brought to staffs attention. The owner is aware of the concerns about parking of vehicles over the lot line and encroaching onto the sidewalk or neighbouring property. She advises that she spaces client's appointments far enough apart that there is no overlap in using the parking area. Based on the above comments, staff are of the opinion that the variances are minor. ADDroariate Develoament The proposed parking variances acknowledge an existing situation, which has not been a concern for two years. Parking can be accommodated on site and support by staff, as noted above. It is recommended that this variance be approved relative a home business — registered massage therapist use only. Based on the above, staff are of the opinion that the variances are appropriate for the neighbourhood and development of the property. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance Transportation Services Comments: As this is an existing condition and has the support from Regional staff, Transportation Services can support the proposed application. Engineering Comments: No comments. Heritage Planning Comments: Heritage Planning staff has no concerns with this minor variance application. However, it should be noted that the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 312 Weber Street West is located within the Mt Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No concerns RECOMMENDATION: That application A2020-023 to legalize a single detached dwelling with a home business (health office -registered massage therapy) having the required off-street parking space located within the garage to be 3.1 metres from the lot line rather than the required 6 metres; and, 1 off-street parking space for the home business to encroach into the Regional right-of-way having a width of 2.6m by a depth of 4.5m rather than the required 2.6m by 5.5m, be approved, subject to the following conditions; 1) That a Zoning (Occupancy) Certificate be obtained from the Planning Division; 2) That the variance be for a home business — health office (registered massage therapist) only; and, 3) That condition #1 completed by October 31, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo Feb 27, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-019 — 33 Lancaster Street East — No Concerns. 2) A 2020-020 — 51 Nelson Avenue — No Concerns. 3) A 2020-021 — 44 Beasley Drive — No Concerns. 4) A 2020-022 — 903 Zeller Crescent — No Concerns. 5) A 2020-023 — 312 Weber Street West — No Concerns. 6) A 2020-024 — 85 Wood Street — No Concerns. 7) A 2020-025 — 624 King Street West — No Concerns. 8) A 2020-026 — 924 Redtail Court — No Concerns. 9) A 2020-027 — 293 Field Sparrow Crescent — No Concerns. 10)A 2020-028 — 783 Guelph Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment March 17, 2020 www.kitch ever. ca Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Daniel Gaspar, Student Planner — 519-741-2200 ext. 7074 Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070 9 March 06, 2020 DSD -20-047 A2020-024 — 85 Wood Street Recommendation - Refuse Location Map: 85 Wood Street. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property is designated Low -Rise Conservation in the KW Hospital -Midtown Secondary Plan and zoned R-5, 129U in Zoning By-law 85-1. The applicant is requesting relief from Section 5.5.2 c) of Zoning By-law 85-1 to construct an accessory structure (detached garage) with a side yard setback of 0.3m instead of the required 0.6m. There is no official easement with the neighbouring property to allow reduced side yard setbacks. Staff visited the subject property on March 31d, 2020. View of existing single -detached house at 85 Wood Street with driveway on left In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. General Intent of the Official Plan The land -use designation for the subject property in the KW Hospital -Midtown Secondary Plan is Low -Rise Conservation. Official Plan policies state that the intent of this designation is to retain existing low-rise residential character and preserve such scale of development. The proposed accessory structure is of the appropriate scale and set back sufficiently from the street thereby preserving the existing low-rise residential character of the neighbourhood. Based on the foregoing, staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The subject property is designated in the Residential Five (R-5) Zone in Zoning By-law 85-1 with special use provision 129U that prohibits multiple dwellings. The requested relief is with regard to the side yard setback of an accessory building, which is regulated for residential zones under the General Regulations Provision of the Zoning By-law: Section 5.5.2. The proposed structure requires 0.3m of relief for a side yard setback of 0.3m instead of the 0.6m minimum outlined in the Zoning By-law. Section 5.20 of the General Regulations Provision states that reduced side yard setbacks for accessory buildings in excess of 9.3 square metres are permissible provided that appropriate encroachments and easements are created with the neighbouring property for the projection of eaves and maintenance of the structure. The proposed accessory structure does not form a common wall with the neighbouring property, but given that there is no official agreement with the neighbouring property to allow reduced side yard setbacks, there may not be sufficient room to perform any required maintenance. Based on the foregoing, staff is of the opinion that the general intent of the Zoning By-law is not maintained. Is the Variance Minor? As described above, the requested relief is for a 0.3m reduction in side yard setback. Though it is a small measurement, the remaining setback is equally small. There are concerns associated with allowing a side yard setback of 0.3m that relate to the applicant's ability to maintain the proposed accessory structure. As such, staff is of the opinion that the variance is not minor in nature. Is the Variance Appropriate? The accessory structure is proposed to be a detached garage. Several other properties along this section of Wood Street and in the surrounding neighbourhood have constructed detached garages in similar locations. The nature of the use does not threaten the character of the neighbourhood nor does it conflict with other uses. However, the reduced setback may create a nuisance for the neighbouring property owner if it is ever their desire to utilize the portion of the property adjacent to the detached garage proposed by the applicant. Therefore, the variance is not appropriate. Based on the foregoing, Planning staff recommends that the application be refused. Potential conditions of approval for reduced side yard setback if so desired by the Committee of Adiustment: Notwithstanding the above section, should the Committee of Adjustment approve the request to reduce the side yard setback requirement for the accessory structure, staff recommends that consideration be given to the following condition of approval: That written permission from the relevant neighbouring property owner be required for the potential damage to shared vegetation or vegetation in close proximity to the proposed accessory structure. Environmental Planning Comments: The proposed application has the potential to damage shared vegetation or vegetation in close proximity to the accessory structure. Permission should be sought from the neighbouring property owner to allow for the removal/replacement of vegetation if required. Heritage Planning Comments: The subject property is located within the Gildner Green Neighbourhood Cultural Heritage Landscape (CHL). In 2019, Archaeological Research Associates Ltd. and Dillon Consulting Ltd. carried out a Cultural Heritage Landscape Implementation (CHLI) study and report for the Midtown Secondary Plan area, which contains the Gildner Green Neighbourhood CHL. While, the boundary of this CHL and specific policies have not yet been formally adopted or implemented through the City's Official Plan, some of the heritage attributes identified in this CHL include detached rear garages and use of brick as the dominant building material. The proposal is in keeping with the desirable attributes and character of the Gildner Green Neighbourhood CHL, and as such, Heritage Planning staff has no concerns with the proposed minor variance application. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new detached garage is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. RECOMMENDATION That minor variance application A2020-024 requesting permission to construct an accessory building with a side yard setback of 0.3m instead of the required 0.6m be refused. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner Region of Waterloo Feb 27, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-019 — 33 Lancaster Street East — No Concerns. 2) A 2020-020 — 51 Nelson Avenue — No Concerns. 3) A 2020-021 — 44 Beasley Drive — No Concerns. 4) A 2020-022 — 903 Zeller Crescent — No Concerns. 5) A 2020-023 — 312 Weber Street West — No Concerns. 6) A 2020-024 — 85 Wood Street — No Concerns. 7) A 2020-025 — 624 King Street West — No Concerns. 8) A 2020-026 — 924 Redtail Court — No Concerns. 9) A 2020-027 — 293 Field Sparrow Crescent — No Concerns. 10)A 2020-028 — 783 Guelph Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 1 KN- R www.kitchener. ca Committee of Adjustment March 17, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Planner — 519-741-2200 ext. 7843 10 March 9, 2020 DSD -20-048 A2020-025 — 624 King Street West Recommendation: Approval Location Map: 624 King Street West *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 624 King Street West is zoned Medium Intensity Mixed Use Corridor Zone (MU -2) in Zoning By-law 85-1. The property is designated Mixed Use Corridor in the K -W Hospital Secondary Plan in the Official Plan. Staff conducted a site inspection of the property on March 6, 2020. The applicant is proposing to develop a vacant site by constructing a 34 unit multiple dwelling with 2 buildings 3 and 4 storeys each. The 4 storey building will front onto King Street West while the 3 storey building fronts onto Wellington Street. A site plan application has been submitted and is under review. The applicant is requesting relief from Section 6.1 of the Zoning By-law to allow a reduction in parking from the required 1.0 spaces per unit to 0.67 spaces per unit, and to allow for 8% visitor parking rather than the required 20%. The applicant is also requesting relief from Section 54.2.1 to allow a rear yard/abutting residential zone setback of 2.0 metres rather than the required 7.5 metres. View of Existing Site (March 6, 2020) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 'f View of Existing Site (March 6, 2020) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. Parking Reduction General Intent of the Official Plan 1. The subject property is designated Mixed Use Corridor in the K -W Hospital Secondary Plan. The Official Plan aims to develop an integrated transportation system that incorporates active transportation and public transit along with vehicular traffic. It also promotes land use planning and development that is conducive to the efficient and effective operation of public transit and encourages increased ridership of the public transit system. The subject site is located along the LRT corridor and is less than 300 metres walking distance from Central Station LRT stop. The requested reduction in parking encourages alternatives to vehicular transportation and therefore meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires 1.0 parking spaces per unit and 20% visitor parking spaces is to provide adequate vehicle storage space for the property. The site is located within 300 metres of an LRT station stop, contains small one bedroom units, and contains bicycle lockers for each unit within the underground parking garage. These factors reduce the demand for vehicle parking and Planning Staff is satisfied that the proposed rate will provide an adequate amount of vehicle parking for the development. Therefore, the reduction in required parking meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The requested variance to reduce the amount of required parking spaces and visitor spaces required is considered appropriate because of the subject site located on the LRT corridor and has immediate access to transit opportunities. With this opportunity for alternatives to vehicular transportation, staff can consider the requested reduction in parking appropriate. Is the Variance Minor? 4. The reduction of required and visitor parking spaces is not expected to have negative impacts and Staff is of the opinion that the proposed amount of parking spaces will be adequate for the site. Therefore, the requested variance is considered minor. Rear Yard Setback/Setback to a Residential Zone General Intent of the Official Plan 1. The subject property is designated Mixed Use Corridor in the K -W Hospital Secondary Plan. The Official Plan contains policies that encourage residential intensification and infill opportunities such as this development as an effective means to reduce infrastructure and servicing costs by minimizing land use and making better use of existing community infrastructure. This development represents an infill opportunity that will make better use of existing community infrastructure. Further, the proposed setback demonstrates compliance to the Urban Design guidelines for yard setbacks for residential infill in central neighbourhoods (which encourages staying consistent with or matching existing standards for setbacks within the existing neighbourhood) and therefore meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a setback of 7.5M in a rear yard or to a residential zone is to provide an adequate amenity area and to provide a transition between a larger multi -residential building and the existing single detached dwellings on Wellington Street. The applicant is providing amenity space between the two buildings, rather than in the rear yard. Through discussions with Planning Staff during the Site Plan Application process, the applicant has changed the original plan of 3.5 storeys and has dropped the building down to 2.5 storeys adjacent to the existing single detached on Wellington Street (shown in image below). The MU -2 Zone allows for buildings up to 8 storeys high, whereas the buildings in this development start at 2.5 storeys and rise to 4 storeys on King Street West. Staff is of the opinion that the impact of the building is not as severe as if there were a mid -rise building of 8 storeys tall, and the setback of 2.0 metres is in line with other low rise (3 storeys) uses that could be located adjacent to the side yards of the existing dwellings on Wellington Street. Therefore, the requested variance for reduction in setback meets the general intent of the Zoning By-law. 4 storeys ab stareys .5 2.5 storeys sores -c Wellincitan Street View of Proposed Transition to Existing Dwellings Is the Variance Appropriate? 3. The existing neighbourhood contains 2.5 storey single detached dwellings that have typical residential side yard setbacks of 1.2M or less in many cases. The proposed building height adjacent to the closest residentially zoned property is 2.5 storeys and abuts the neighbours side lot line. It is technically a rear yard but functions more like a side yard. To maintain the rhythm and consistency, a 2.OM setback would be appropriate in Staff's opinion and is therefore considered to be appropriate. Is the Variance Minor? 4. The requested variance can be considered minor given that the massing of the proposed building adjacent to the side yard of an existing dwelling is similar to a typical side yard found elsewhere in the neighbourhood. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Based on the parking justification report submitted, the close proximity to major transit and the provision of bicycle parking (both secured and outdoor), Transportation Services can support the proposed parking rate of 0.67 spaces per unit, with two (2) visitor spaces. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-025 requesting permission to construct a multi - residential development: "Building A" will have 4 storeys in height containing 19 units and "Building B" will have 3 storeys in height containing 15 units having a rear yard setback of 2m rather than the required 7.5m; a parking rate of 0.67 spaces/per-unit (23 off-street parking spaces) rather than the required 1 spaces/per-unit (34 off-street parking spaces); and, a visitor parking rate of 8% (2 off-street parking spaces) rather than the required 20% (5 off-street parking spaces) be approved. Eric Schneider, BES Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo Feb 27, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-019 — 33 Lancaster Street East — No Concerns. 2) A 2020-020 — 51 Nelson Avenue — No Concerns. 3) A 2020-021 — 44 Beasley Drive — No Concerns. 4) A 2020-022 — 903 Zeller Crescent — No Concerns. 5) A 2020-023 — 312 Weber Street West — No Concerns. 6) A 2020-024 — 85 Wood Street — No Concerns. 7) A 2020-025 — 624 King Street West — No Concerns. 8) A 2020-026 — 924 Redtail Court — No Concerns. 9) A 2020-027 — 293 Field Sparrow Crescent — No Concerns. 10)A 2020-028 — 783 Guelph Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Staff Report Development Services Department 1 :.x www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: March 17th, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Nicholas Godfrey, Technical Assistant — 519-741-2200 ext. 7071 WARD: 1 DATE OF REPORT: March 4th, 2020 REPORT #: DSD -20-049 SUBJECT: A2020-026 — 924 Redtail Court Recommended Approval - 9 21 � 163 17 13 9� L L 167 904 - - 948 L._ 924 916 912 9 928 �r 932 901 905 L J 909 917 913 ti Location Map: 924 Redtail Court REPORT Planning Comments: The subject property located at 924 Redtail Court is zoned Residential Three (R-3) with Special Regulation Provisions 304R and 307R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to construct a covered porch in the rear yard of an existing single detached dwelling and cannot meet the requirements of Section 37.1 of the Zoning By- law. The applicant is requesting relief to allow a rear yard setback of 5.83m metres rather than the required 7.5 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Subject Property: 924 Redtail Court City Planning staff conducted a site inspection of the property on March 91", 2020. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. 1. Meets the General Intent of the Official Plan Test The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The current R-3 zoning requires a 7.5 metres setback from the rear lot line to ensure there is adequate rear yard amenity space. The property in question will be developed with a single detached dwelling. The reduction in the rear yard setback will have a minimal effect on the rear yard amenity space, as a considerable portion of the rear yard will still maintain or exceed the required 7.5m setback. As such, staff is satisfied the requested variance to reduce the rear yard setback to 5.83 metres whereas 7.5 metres is required meets the general intent of the Zoning By-law. NVIVOS-W C.4a5— 1 P :RT 2 � ! V 12 1 PART I E Y' ..312.96. I ik ! / 8F• k105: 1 , ;PRpPOSED HODS r circ nu 9Ya f1 1 -.F.- 3.r3-22 1 1 [,1 a 12,71 COLD ROOM �!! PROPOSEP C 1 F249 mpR Wx' C ti R. e.ah rh 12,2 t r �— fN0 14 `IIs 4,,5757 m 1 el- OCK 2 � 0300 RESERVE REDTAIL COURT Proposed Single Detached Dwelling — 924 Redtail Court 3. Is the Variance "Minor" Test The proposed reduction in the rear yard setback will be negligible and will not impact the existing neighbourhood. Therefore, Staff is of the opinion that the requested variance is minor. 4. Is the Variance Appropriate Test The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new roof structure is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no objections to the proposed variance. Engineering Comments: Engineering Services has no objections to the proposed variance. RECOMMENDATION That application A2020-026 requesting permission to construct a covered porch in the rear yard of an existing single detached dwelling having a rear yard setback of 5.83m rather than the required 7.5m, be approved. Nicholas Godfrey, MA Juliane von Westerholt, MCIP, RPP Technical Assistant Senior Planner Region of Waterloo Feb 27, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-019 — 33 Lancaster Street East — No Concerns. 2) A 2020-020 — 51 Nelson Avenue — No Concerns. 3) A 2020-021 — 44 Beasley Drive — No Concerns. 4) A 2020-022 — 903 Zeller Crescent — No Concerns. 5) A 2020-023 — 312 Weber Street West — No Concerns. 6) A 2020-024 — 85 Wood Street — No Concerns. 7) A 2020-025 — 624 King Street West — No Concerns. 8) A 2020-026 — 924 Redtail Court — No Concerns. 9) A 2020-027 — 293 Field Sparrow Crescent — No Concerns. 10)A 2020-028 — 783 Guelph Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Staff Report Development Services Department 1 :.x www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: March 17th, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Nicholas Godfrey, Technical Assistant — 519-741-2200 ext. 7071 WARD: 1 DATE OF REPORT: March 4th, 2020 REPORT #: DSD -20-050 SUBJECT: A2020-027 — 293 Field Sparrow Cres Recommend Approval L122 26 3{? 34 38 42 1 _i (lhi7 100 53 59 .. 55 41 45 297/ 2135 293 2134 209 Fn �289 r 208 57 — En 213 --� � 285 7E7 'U 217 1 212 281. BR�EDGEPORT W.)RTH X REPORT Planning Comments: Location Map: 293 Field Sparrow Crescent The subject property located at 293 Field Sparrow Crescent is zoned Residential Three (R-3) with Special Regulation Provisions 304R and 307R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build a single detached dwelling with a covered porch in the rear yard and cannot meet the requirements of Section 37.2.1 of the Zoning By-law. The applicant is requesting relief to allow a rear yard setback of 6.7 metres rather than the required 7.5 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Subject Property: 293 Field Sparrow Crescent City Planning staff conducted a site inspection of the property on March 91h, 2020. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. 1. Meets the General Intent of the Official Plan Test The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The current R-3 zoning requires a 7.5 metres setback from the rear lot line to ensure there is adequate rear yard amenity space. The property in question will be developed with a single detached dwelling. The reduction in the rear yard setback will have a minimal effect on the rear yard amenity space, as a considerable portion of the rear yard will still maintain or exceed the required 7.5m setback. As such, staff is satisfied the requested variance to reduce the rear yard setback to 6.7 metres whereas 7.5 metres is required meets the general intent of the Zoning By-law. I LOT 32 LOT 31 RMSTERECI r a FIELD SPARK" CRESCENT Proposed Porch: 293 Field Sparrow Crescent 3. Is the Variance "Minor" Test The proposed reduction in the rear yard setback will be negligible and will not impact the existing neighbourhood. Therefore, Staff is of the opinion that the requested variance is minor. 4. Is the Variance Appropriate Test The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the single detached dwelling and is currently under review. Transportation Services Comments: The Transportation Division has no objections to the proposed variance. Application has been made to for the single detached dwelling and is currently under review. Engineering Comments: The Engineering Division has no objections to the proposed variance. Application has been made to for the single detached dwelling and is currently under review. RECOMMENDATION That minor variance application A2020-027 requesting permission to construct a single detached dwelling with covered porch in the rear yard having a rear yard setback of 6.7m rather than the required 7.5m, be approved. Nicholas Godfrey, MA Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo Feb 27, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-019 — 33 Lancaster Street East — No Concerns. 2) A 2020-020 — 51 Nelson Avenue — No Concerns. 3) A 2020-021 — 44 Beasley Drive — No Concerns. 4) A 2020-022 — 903 Zeller Crescent — No Concerns. 5) A 2020-023 — 312 Weber Street West — No Concerns. 6) A 2020-024 — 85 Wood Street — No Concerns. 7) A 2020-025 — 624 King Street West — No Concerns. 8) A 2020-026 — 924 Redtail Court — No Concerns. 9) A 2020-027 — 293 Field Sparrow Crescent — No Concerns. 10)A 2020-028 — 783 Guelph Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. 1 Staff Repoil K�-WFLEN� Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Planner — 519-741-2200 ext. 7843 WARD: 10 DATE OF REPORT: March 9, 2020 REPORT #: DSD -20-051 SUBJECT: A2020-028 — 783 Guelph Street Recommendation: Approval 4-sr, c,E t" 1 1111110110-. s 11 1 zt Ilk V.,r9 � • low C :. � � Grp � 4= n j �^ y - � n� r i, '`1� Location Map: 783 Guelph Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 783 Guelph Street is zoned Residential Seven Zone (R-7) in Zoning By-law 85-1. The property is designated Low Density Multiple Residential in the North Ward Secondary Plan in the Official Plan. Staff conducted a site inspection of the property on March 5, 2020. The applicant is proposing to remove an existing single detached dwelling to construct a 65 unit stacked townhouse multiple dwelling development. A site plan application has been submitted and is under review. The applicant is requesting relief from Section 6.1 of the Zoning By-law to allow a reduction in parking from the required 1.25 spaces per unit to 1.12 spaces per unit, and to allow for 10% visitor parking rather than the required 20%. The applicant is also requesting relief from Section 41.2.6 to allow a front yard setback of 5.3 metres rather than the required 12.7 metres (average of abutting front yard setbacks, as per RIENS By-law). View of Existing Site (March 5, 2020) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. Parkina Reduction General Intent of the Official Plan 1. The subject property is designated Low Density Multiple Residential in the North Ward Secondary Plan in the Official Plan. The Official Plan aims to develop an integrated transportation system that incorporates active transportation and public transit along with vehicular traffic. It also promotes land use planning and development that is conducive to the efficient and effective operation of public transit and encourages increased ridership of the public transit system. The subject site is located less than 100 metres walking distance from an existing GRT Route 6 bus stop, which offers connections to the mainline Route 7 and the LRT line. The requested reduction in parking encourages alternatives to vehicular transportation and therefore meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires 1.25 parking spaces per unit and 20% visitor parking spaces is to provide adequate vehicle storage space for the property. The requested rate of 1.12 spaces per unit still provides more than one parking space per unit and is approximately in line with the parking rates proposed to be applied in the new Zoning By-law 19-051 (Crozby). Through discussions with Transportation Services staff, Planning Staff is satisfied with the proposed minor reduction in required and visitor parking spaces and finds the proposed number of parking spaces sufficient for the development. Therefore, the minor reductions in required parking meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The requested variance to reduce the amount of required parking spaces and visitor spaces required is considered appropriate because of the subject site is close to the urban core, has immediate access to transit opportunities and can utilize existing bike lane routes on nearby Union Boulevard and Margaret Avenue. With these opportunities for alternatives to vehicular transportation, staff can consider the requested minor reduction in parking appropriate. Is the Variance Minor? 4. The reduction of required and visitor parking spaces are minor and will only result in a loss of 8 parking spaces. Staff is of the opinion that the proposed amount of parking spaces will be adequate for the site. Therefore, the requested variance is considered minor. Front Yard Setback General Intent of the Official Plan 1. The subject property is designated Low Density Multiple Residential in the North Ward Secondary Plan in the Official Plan. The Official Plan contains policies that encourage residential intensification and infill opportunities such as this development as an effective means to reduce infrastructure and servicing costs by minimizing land use and making better use of existing community infrastructure. This development represents an infill opportunity that will make better use of existing community infreastructe and therefore meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that bases front yard setback on the average of the 2 abutting lots (Residential Intensification within Established Neighbourhoods) is to preserve consistent building lines within established neighbourhoods to ensure that development does not negatively affect a consistent building line on a street. Unlike other neighbourhoods in the RIENS subject area, this portion of Guelph Street does not have a consistent building line. Some homes are as close as 3 metres to the front lot line, whereas others are as far back as 15 metres. The proposed front yard setback is in line with the City's standard front yard setback which can be considered adequate in instances where a consistent building line is not present. The proposed reduction in front yard setback will also allow the applicant to incorporate balconies for the units facing the front of the site, which was requested by Staff to help animate the front fagade and address the street by providing an active streetscape. Therefore, the requested variance for front yard setback meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The requested variance to the front yard setback will not disrupt a consistent building line and the presence of balconies will result in a positive overall effect on enhancing the streetscape. Therefore, Staff can consider the requested variance appropriate. Is the Variance Minor? 4. The requested variance can be considered minor given that there is no consistent building line in this area and the proposed front yard setback meets the standard minimum front yard setback in the Zoning By-law. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: As the proposed parking rates approximately align with what Zoning By -Law 2019-051 (CROZBY) require, Transportation Services can support the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-028 requesting permission to construct a 65 -unit stacked townhouse development having a front yard setback of 5.3m rather than the required 12.7m; a parking rate of 1.12 spaces/per-unit rather than the required 1.25 spaces per-unit; and, a visitor parking rate of 10% rather than the required 20% be approved. Eric Schneider, BES Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo Feb 27, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-019 — 33 Lancaster Street East — No Concerns. 2) A 2020-020 — 51 Nelson Avenue — No Concerns. 3) A 2020-021 — 44 Beasley Drive — No Concerns. 4) A 2020-022 — 903 Zeller Crescent — No Concerns. 5) A 2020-023 — 312 Weber Street West — No Concerns. 6) A 2020-024 — 85 Wood Street — No Concerns. 7) A 2020-025 — 624 King Street West — No Concerns. 8) A 2020-026 — 924 Redtail Court — No Concerns. 9) A 2020-027 — 293 Field Sparrow Crescent — No Concerns. 10)A 2020-028 — 783 Guelph Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Holly Dyson From: Sent: To: Subject: My mailing address is 05 March, 2020 3:44 PM Holly Dyson Re: A 2020-028 783 Guelph st. On Thu, Mar 5, 2020 at 2:42 PM <Holly. Dy song kitchener. ca> wrote: Hell Thank you for your email. In order for your comments to be considered by the Committee members, I will need your mailing address. Your personal identifiers will be removed prior to your comments being posted on the City's website; however, as this is a public planning process your personal information is not protected if someone requests the list of interested parties. Regarding your questions, you may wish to contact the file Planner, Eric Schneider (cc'd here) as I can't tell you which questions the Committee is able to address at the meeting. Regards, Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly. dyson(aD_kitchener.ca 0100 luiv I ti From: Sent: 05 March, 2020 1:10 PM To: Holly Dyson <Holly.Dyson @kitchener.ca> Subject: Re: A 2020-028 783 Guelph st. Hello Holly, application A 2020-028 783 Guelph st. I have lived on Guelph street for 30 years, I don't think the owner/ builder should be granted the variance they are asking for. I don't think its in the communities best interest to allow the parking to be lessoned. 65 units is a big population boom to our street. On top on of that parking on Guelph street is currently used up most days and nights. The food bank patrons use on street parking and it often gets quite congested on top of that the knights of Columbus is right next door to this property and they also use a majority of on street parking. We also have a beautiful park in the winter months it is often full of people using the rink and using on street parking. As well as the residents on Guelph street that use the on street parking for friends and family By allowing the builder to reduce parking I believe will cause issue with the residents that currently live on the street and those that frequent the area. In any townhouse/ subdivision there never seems to be enough parking for visitors or residences so if the builder was granted less parking it would also cause more on street parking. The food bank patrons often use that side of the street to walk up and down instead of crossing the street to use the sidewalk, the concern here is more traffic in and out and of the units and Guelph st isn't that wide so if cars are on the side of the road and On top of all that I can imagine we would also lose some of the on street parking as well as the current set up is just a single car driveway which I can assume is not sufficient for a 65 unit building. As for the setbacks the current set up for this property has a lovely hedge that has been there forever and also has tons of beautiful mature trees. I think is would be a big loss to the community to lose all that greenery to a large building and parking lot. If the setback were to remain the required amount it would give sufficient space to plant trees and make it look more desirable. Has the builder looked into possibly purchasing adjacent properties to fulfill the required parking and setback requirements? How does the property owner intend to deal with units at need more than one spot ? How is it possible the builder is allowed to cut down all the trees and hedges? How many on -street parking spots will be loss due to this construction ? Thank you On Wed, Mar 4, 2020 at 9:22 AM <Ho11y.Dysongkitchener.ca> wrote: Hello_ You can submit written comments to me prior to the meeting and I will circulate them to the Committee members if you're unable to attend the meeting. It would be best if I receive them prior to 4:00 p.m. next Wednesday so I can include them in the Members packages when they are couriered. That allows them ample time to review them before the meeting on Tuesday, March 17, 2020. 2 If that's not possible, I can accept comments until 5:00 p.m. on Monday, March 16th; which still allows time for me to copy and provide them to the members at the meeting. Please let me know if you have any questions. Regards, Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly. dyson(cDkitchener.ca YO i From: Sent: 04 March, 2020 8:39 AM To: Holly Dyson <Holly.Dyson @kitchener.ca> Subject: Re: A 2020-028 783 Guelph st. Hello Holly, I received a letter from the committee of adjustments - notice of hearing. I have to work that day is there a way to express my concerns with A2020-028 783 Guelph st. Is there a way to express my concerns in writing to be read at the meeting or would I have to attend? Thank you for your time Staff Report vex Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 4 DATE OF REPORT: March 9, 2020 REPORT NUMBER: DSD -20-052 SUBJECT: Application B2020-010 123 Pioneer Drive Recommendation: Approve 't Ariel Photograph: 123 Pioneer Road Report: The lands are designated as Commercial and located within a Community Node. The property is zoned as Community Shopping Centre Zone (C-3) in Zoning By-law 85-1 and zoned as General Commercial (COM -2) with Site Specific Provision 24 in Zoning By-law 2019-051. This specific building is part of a comprehensively planned development and is currently used as "Tim Hortons" restaurant. A site visit was conducted on March 5, 2020. This application requests permission to enter into a lease agreement for the building and drive through. Staff Report KN x Development Services Department wwwkitchener.ca Under section 50.(3) of the Planning Act no person shall "enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more unless ... (f) a consent is given to convey, mortgage or charge the land, or grant, assign or exercise a power of appointment in respect of the land or enter into an agreement in respect of the land". Staff is of the opinion that the requested consent would not have any negative impacts and support the proposed lease. Further, staff is of the opinion that the proposed lease in excess of 21 years is consistent with the policy statements issued under subsection 3(1) of the Planning Act, does not conflict with any applicable provincial plans, and conforms to the City's Official Plan. The approved zoning permits the proposed restaurant use. Based on the foregoing, Planning staff recommends that the application requesting a lease agreement in excess of 21 years the building and drive through be approved. Building Comments: The Building Division has no objections to the proposed application. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage comments or concerns. Engineering Comments: Engineering has no comments regarding the application. Operations Comments: Park land dedication will not be required on the severed parcel, as no new development lot will be created as a result of the severance. Environmental Planning Comments: No environmental comments or concerns. RECOMMENDATION: That application B2020-010 requesting consent to enter into a lease agreement for a period of 21 years or more for the building and drive through, be approved. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner N* Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 *Z11PPUa1Z [17 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-5754400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT March 5, 2020 Re: Comments for Consent Application B2020-010 through B2020-019 Committee of Adjustment Hearing March 17, 2020 CITY OF KITCHENER 123 Pioneer Drive CP Reit Ontario Properties Limited The owner/applicant is proposing a lease greater than 21 years for the existing Tim Hortons location and associated parking on the subject lands. Regional Staff has no objection to the proposed application. B2020-011 98 Strange Street Mohammad Abdullah c/o JEC Properties Inc. The owner/applicant is proposing a severance to split the existing lot to facilitate the development of a semi-detached building. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Noise: Regional Staff acknowledge that the subject development is within 300 metres of a rail line owned by Canadian National Railway. The owner/applicant is required to enter into an agreement with the City of Kitchener to register the following noise warning clause on title for the dwellings on the proposed severed and retained lands: Document Number: 3241892 Version: 1 "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to register the following noise warning clause on title for the dwellings on the proposed severed and retained lands: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." B2020-012 to B2020-019 Valencia Avenue Activa Holdings Inc. The owner/applicant is requesting to create rear yard access easements for the street fronting townhouse blocks fronting onto Valencia Avenue. These properties are within Stage of the Huron Village Subdivision (File No. 30T-01201). Regional Staff has no objection to the proposed application. Document Number: 3241892 Version: 1 General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Planner Document Number: 3241892 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Staff Report 1 Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 9 DATE OF REPORT: March 4, 2020 REPORT NUMBER: DSD -20-053 SUBJECT: Application B2020-011 98 Strange Street Approve with conditions Subject Property: 98 Strange Street Staff Report vx Development Services Department wwwkitchener.ca Report: The Owner is currently constructing a semi-detached dwelling on the property. Application B2020-011 proposes to sever each half of the semi-detached dwelling so that each half can have separate ownership. The retained lot has a width of 8.382 metres, a depth of 48.311-48.319 metres, and a lot area of 436.5 square metres. The severed lot is proposed to have a lot width of 8.32 metres, a depth of 48.319 metres and a lot area of 437.1 square metres. Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan and zoned Residential Five Zone (R-5) in Zoning By-law 85-1. With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and both parcels of land can be serviced with independent and adequate service connections to municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. City Planning staff conducted a site inspection of the property on March 3, 2020. Semi -Detached Dwelling Under Construction — 98 Strange Street Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: According to Schedule D of the Official Plan, Strange Street has a designated ultimate width of 20m. The current width of the right-of-way is 16m. A road widening of approximately four (4) metres will be required to be conveyed to the City of Kitchener. A reference plan should be submitted noting the conveyance of lands to the City for approximately four (4) metres along the frontage of Strange Street. Additionally, a Phase 1 and Phase 2 (if required based on the Phase 1 assessment results) Site Assessment (contamination review) should be submitted to the City's Engineering Department. Heritage Comments: Heritage Planning staff has no concerns with this consent application. However, it should be noted that the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 98 Strange Street is located within the Warehouse District CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service these properties, all prior to severance approval. Our records indicate municipal services are available for the proposed properties. Any further enquiries in this regard the services should be directed to Katie Wood (519-741-2200 ext. 7135). Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Staff Report KN x Development Services Department wwwkitchener.ca Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as one new development lot will be created. The cash -in -lieu dedication required is $3,855.72 Environmental Planning Comments: Environmental Planning staff do not have any concerns with the proposed application. RECOMMENDATIONS: That Application B2020-011 proposing to sever a sever a lot with a lot width of 8.32 metres, a depth of 48.319 metres and a lot area of 437.1 square metres, be approved subject to the following conditions: 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. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 3. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $3,855.72. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (8.382) at a land value of $9,200 per frontage meter. 4. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 5. That the owner convey to the City of Kitchener, without cost and free of encumbrance, an approximately 3.9 metre wide road widening along the severed and retained parcel's entire Strange Street frontage, to the satisfaction of the City's Transportation Services. In addition, the owner shall submit a Phase 1, and if necessary, a Phase 2 Environmental Assessment to the satisfaction of the City's Engineering Services for the road widening on the severed portion. 6. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of all new service connections and the removal of redundant services to the retained lands. 7. That the Owner makes arrangements financial or otherwise for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. Staff Report KN x Development Services Department wwwkitchener.ca 9. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 10. That the Owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 11. That the Owner provides Engineering staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the Owner. Garett Stevenson, MCIP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner N* Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 *Z11PPUa1Z [17 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-5754400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT March 5, 2020 Re: Comments for Consent Application B2020-010 through B2020-019 Committee of Adjustment Hearing March 17, 2020 CITY OF KITCHENER 123 Pioneer Drive CP Reit Ontario Properties Limited The owner/applicant is proposing a lease greater than 21 years for the existing Tim Hortons location and associated parking on the subject lands. Regional Staff has no objection to the proposed application. B2020-011 98 Strange Street Mohammad Abdullah c/o JEC Properties Inc. The owner/applicant is proposing a severance to split the existing lot to facilitate the development of a semi-detached building. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Noise: Regional Staff acknowledge that the subject development is within 300 metres of a rail line owned by Canadian National Railway. The owner/applicant is required to enter into an agreement with the City of Kitchener to register the following noise warning clause on title for the dwellings on the proposed severed and retained lands: Document Number: 3241892 Version: 1 "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to register the following noise warning clause on title for the dwellings on the proposed severed and retained lands: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." B2020-012 to B2020-019 Valencia Avenue Activa Holdings Inc. The owner/applicant is requesting to create rear yard access easements for the street fronting townhouse blocks fronting onto Valencia Avenue. These properties are within Stage of the Huron Village Subdivision (File No. 30T-01201). Regional Staff has no objection to the proposed application. Document Number: 3241892 Version: 1 General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Planner Document Number: 3241892 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Staff Report AaR Development Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 5 DATE OF REPORT: March 6, 2020 REPORT #: DSD -20-054 SUBJECT: B2020-012 to B2020-019 334, 335, 336, 337, 338, 339, 340, 341 Valencia Avenue Approve with Conditions Location Map i 343 34 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: This application includes a total of 8 properties. The application numbers will correspond with the addresses as follows: 335 Valencia Avenue Lot 5 — RP 58M-648 B2020-012 337 Valencia Avenue Lot 4 — RP 58M-648 B2020-013 339 Valencia Avenue Lot 3 — RP 58M-648 B2020-014 341 Valencia Avenue Lot 2 — RP 58M-648 B2019-015 334 Valencia Avenue Lot 10 — RP 58M-648 B2020-016 336 Valencia Avenue Lot 9 — RP 58M-648 B2020-017 338 Valencia Avenue Lot 8 — RP 58M-648 B2020-018 340 Valencia Avenue Lot 7 — RP 58M-648 B2020-019 The 8 subject properties listed above are zoned Residential Six Zone (R-6) in the Zoning By-law 85-1 and designated Low Rise Residential in the 2014 Official Plan. Staff conducted a site inspection of the property on March 4, 2020. The applicant is requesting consent to create rear yard access easements to allow residents to access their rear yards, as required by Zoning By-law 85-1. View of Vacant Lands for Proposed Street Townhouse Dwellings The applicant is requesting consent to create a total of 8 easements to allow for rear yard access for interior townhouse residents. The proposed easements measure 0.91 metres in width, AS AMENDED, and vary in length and depth according to varying lot sizes. Staff does not have any concerns with the applications as the easements are required by the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the easements are considered good planning that satisfies the policies of both the City's Official Plan and the Provincial Policy Statement. Building Comments: The Building Division has no objections to the proposed consent. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Engineering Comments: Engineering has no concerns with the proposed application. Operations Comments: Parkland dedication is not required for this application as parkland dedication was taken at time of subdivision registration (30T-01201). RECOMMENDATION That consent applications B2020-012-019 requesting consent to create a total of 8 easements in favour of adjacent townhomes for the purpose of rear yard access be approved, subject to the following conditions: 1. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 3. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 4. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 5. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. Tim Seyler, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner N* Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 *Z11PPUa1Z [17 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-5754400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT March 5, 2020 Re: Comments for Consent Application B2020-010 through B2020-019 Committee of Adjustment Hearing March 17, 2020 CITY OF KITCHENER 123 Pioneer Drive CP Reit Ontario Properties Limited The owner/applicant is proposing a lease greater than 21 years for the existing Tim Hortons location and associated parking on the subject lands. Regional Staff has no objection to the proposed application. B2020-011 98 Strange Street Mohammad Abdullah c/o JEC Properties Inc. The owner/applicant is proposing a severance to split the existing lot to facilitate the development of a semi-detached building. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Noise: Regional Staff acknowledge that the subject development is within 300 metres of a rail line owned by Canadian National Railway. The owner/applicant is required to enter into an agreement with the City of Kitchener to register the following noise warning clause on title for the dwellings on the proposed severed and retained lands: Document Number: 3241892 Version: 1 "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to register the following noise warning clause on title for the dwellings on the proposed severed and retained lands: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." B2020-012 to B2020-019 Valencia Avenue Activa Holdings Inc. The owner/applicant is requesting to create rear yard access easements for the street fronting townhouse blocks fronting onto Valencia Avenue. These properties are within Stage of the Huron Village Subdivision (File No. 30T-01201). Regional Staff has no objection to the proposed application. Document Number: 3241892 Version: 1 General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Planner Document Number: 3241892 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue GRCA COMMENT: The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority. Holly Dyson From: Singh, Rupinder <RSingh@KWHydro.ca> Sent: 03 March, 2020 2:30 PM To: Holly Dyson Cc: Pierre Chauvin; Alex Sumner (alex.sumner@activa.ca) Subject: Committee of Adjustment Attachments: doc116907.pdf Good Afternoon Holly, Kitchener -Wilmot Hydro Inc. (KWH) do not have any concerns with the attached Committee of Adjustment. However, please note that KWH requires easements in place to protect hydro access rights for the underground secondary cables on the end unit townhouse lots on Valencia Ave. Thanks Rupinder Singh, C.E.T. Senior Distribution Design Technologist Kitchener -Wilmot Hydro 519-745-4771 xt. 6222 rsinghakwhydro.ca CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system.