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HomeMy WebLinkAboutCA - 2020-07-21COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 CITY OF KITCHENER The Committee of Adjustment met electronically this date, commencing at 10:00 a.m. Present: Mr. D. Cybalski - Chair Mr. B. McColl Ms. J. Meader Mr. S. Hannah Mr. M. Kidd Officials: Ms. J. von Westerholt, Senior Planner Mr. G. Stevenson, Senior Planner Mr. S. Ryder, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. S. Goldrup, Committee Administrator Mr. J. Bunn, Manager Legislated Services/Deputy Clerk Ms. H. Dyson, Administrative Clerk MINUTES Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the regular minutes of the Committee of Adjustment meeting held February 18, 2020, as circulated to the members, be accepted. Carried Please note: due to Covid-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, the Committee of Adjustment was suspended and applications originally scheduled for consideration on March 17, 2020 were rescheduled for the meeting this date. NEW BUSINESS: MINOR VARIANCE APPLICATIONS: Submission No.: A 2020-019 Applicant: Maurice Seignoret Property Location: 33 Lancaster Street East Legal Description: Part Lot 27, Plan 379 Appearances: In Support: A. Head Contra: None Written Submissions: A. Head The Committee was advised the applicant is requesting 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 fapade and the lot line whereas the By-law does not permit parking between the front fapade and the lot line. The Committee considered Development Services Department report DSD -20-042 dated March 6, 2020 recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2020 advising they have no concerns with this application. Mr. A. Head was in attendance in support of the subject application. He noted he provided a written submission related to the staff recommendation, specifically with regards to the condition related to COMMITTEE OF ADJUSTMENT MINUTES JULY 21. 2020 -49- CITY OF KITCHENER i��1•T511�r•Ti1�[•7iI_��iY�iai7��7NZ.7iiiC installing permeable pavers for the parking surface materials. He expressed concerns with that recommendation, stating in his opinion the request is costly and onerous to the applicant, and would be problematic for snow removal due to the material consistency. He indicated there is no work proposed for the outside of the home, save and except for paving the balance of the driveway. He stated that applicant has already planted a low hedge as outlined in the recommended condition, and requested the Committee approve the variance without specifying permeable pavers. In response to questions, he advised the applicant intends to pave the gravel portion of the driveway with asphalt. In response to questions, Ms. J. von Westerholt advised the request for permeable pavers was a comment provided by Heritage Planning staff, noting the property is within a Civic Centre Heritage Conservation District (CCHCD) and the condition was intended to implement the guidelines within the District. She stated that condition will likely be requested on a more frequent basis in the future. Mr. S. Hannah requested clarification on the installation of the hedge. Mr. Head noted the hedge currently in place is a low-lying hedge, which should have minimal impact on visibility. The species installed was recommended by City staff. In response to questions, it was suggested and agreed, that the recommendation and the application be amended to clarify for the Committee's decision this date that variances were required for both sides of the property. A motion was brought forward by Mr. B. McColl, which was seconded by Mr. S. Hannah, to approve the subject application as outlined in the staff recommendation, save and except for the requirement for permeable pavers and to clarify that the minor variance for the side yard setbacks of 1.2m pertains to both sides of the subject property. Moved by Mr. B. McColl Seconded by Mr. S. Hannah Thatthe application of MAURICE SEIGNORET requesting permission to convert an existing duplex to a triplex having a northerly and a southerly side yard setback of 1.2m 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 fapade and the lot line whereas the By-law does not permit parking between the front fapade and the lot line, on Part Lot 27, Plan 379, 33 Lancaster Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall plant and maintain low hedges (maximum 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 owner shall pave the entire driveway, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -50- CITY OF KITCHENER 2. Submission No.: A 2020-020 Applicant: Parkwood Homes (KW) Ltd. Property Location: 51 Nelson Avenue Legal Description: Part Lot 9, Registered Plan 675 Appearances: In Support: J. Mesina Contra: D. Fisher Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -20-043 dated March 6, 2020 recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2020 advising they have no concerns with this application. Mr. J. Mesina was in attendance in support of the subject application and staff recommendation. In response to questions, he advised he had no objections to the requirement for a tree preservation plan as outlined in the staff recommendation. Ms. D. Fisher was in attendance this date for clarification of the subject application. She stated her family owns the adjacent property and wished to confirm whether the subject dwelling and setback would impact her property. She stated in viewing the plans, it was clear that the dwelling is closer to Nelson Avenue than are other properties on the street. Ms. J. Meader stated in her opinion, the development was a good reuse of the property, indicating there were no additional variances being requested to accommodate the construction. She requested, and it was agreed, that an additional condition be included in the Committee's decision this date to require the development to be generally in accordance with the plans submitted with the application. In response to questions, Ms. J. von Westerholt advised the applicant would not be permitted to duplex the semi-detached units. She indicated that is not a permitted use within an R3 Zone. She stated if the applicant was proposing to duplex the dwellings, further approval from the Committee would be required. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of PARKWOOD HOMES (KW) LTD. requesting 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, on Part Lot 9, Registered Plan 675, 51 Nelson Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit a Tree Management Plan/Arborist Report to the satisfaction of the Director of Planning, prior to issuance of a building/demolition permit. 2. That approval of Minor Variance application A 2020-020 shall be generally in accordance with the plans submitted with the application. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -51- CITY OF KITCHENER 2. Submission No.: A 2020-020 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 3. Submission No.: A 2020-021 Applicants: David and Katherine Schooley and Linda White Property Location: 44 Beasley Drive Legal Description: Lot 35, Plan 1478, being Part 24 on Reference Plan 58R-1111 Appearances: In Support: B. Flewwelling D. Schooley Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to allow a "Commercial School" and "light repair operation" that was previously permitted in an B-3 Zone, whereas the building is now Zoned Employment Land Use EMP -5 under Zoning By-Iaw2019-051 and no longer permits those uses. The Committee considered Development Services Department report DSD -20-044 dated March 6, 2020 recommending refusal of this application as the requested uses do not meet the general intent and purpose of the Zoning By-law. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2020 advising they have no concerns with this application. Messrs. B. Flewwelling and D. Schooley were in attendance in opposition to the staff recommendation. Mr. Flewwelling advised they have had significant dialogue with staff regarding the additional uses requested for the subject property. He indicated they are in support of the proposed recommendation and conditions proposed to allow the Light Repair Operation for the subject property. He stated they were unable to find a compromise for a favourable recommendation to allow a "Commercial School" use for the subject property. He stated in his opinion the "Commercial School" use definition within the By-law would permit teaching/ instruction to occur at the property, which is recognized in the employment lands Official Plan definition. He indicated in the past the property has included tenants such as dance studios, music studios and driving schools. Mr. Flewwelling stated their request would permit similar types of uses following the implementation of the new Zoning By-law 2019-051 (CRoZBy). He requested the Committee consider approving the "Commercial School" as it would give a greater assurance when considering possible tenants for the space. He stated in his opinion the "Commercial School" use would not take away from the Business Park area, noting a dance studio, as an example, would not adversely impact the surrounding area and is not prohibited by the Official Plan. He further advised there would be adverse timing impacts if they were to find a possible tenant, then attend Committee of Adjustment to request permission for the use, as potential tenants would not likely wait three months to be able to occupy the space. In response to questions, Mr. Schooley advised the property is currently vacant. He stated the last tenant within the building was a driving school, adding prior to purchasing the property the tenant was a dance studio. COMMITTEE OF ADJUSTMENT MINUTES JULY 21. 2020 -52- CITY OF KITCHENER Ms. J. von Westerholt advised staff have been dialoging with the applicant and have no objection to adding Light Repair Shop as a permitted use for the subject property. She stated staff have concerns with adding "Commercial School" as a permitted use as the definition and uses within the "Commercial School" definition is too broad, adding in her opinion, not all of the permitted uses in the definition are fully in keeping with the Official Plan. She stated it would be staffs preference to narrow down some of the permitted uses within the definition if the Committee was considering approving some "Commercial School" options. She further advised as a fitness studio is permitted in the Zoning for the subject property under the new Zoning By-law, staff have no objection to approving a dance studio as a permitted use as it is fitness related. Ms. von Westerholt further advised staff object to allowing a music studio as a permitted use within a Business Park Zoning. The Chair noted an alternative recommendation has been provided within the staff report. He stated in his opinion if the Committee opted to approve the proposed uses this date, Condition 1 as recommended would be onerous for the applicant. In response to further questions, Mr. Schooley advised approximately a year ago a music studio was a prospective tenant. After signing a lease, they attended the City for the required approvals and were told the previous B3 Zoning outlined in By-law 85-1 no longer existed, and were now subject to the Zoning of By-law 2019-051 CRoZBy, which was not yet in full force and effect. As a result, they were not able to lease the space as the music studio was no longer a permitted use for the property. Mr. M. Kidd questioned whether the interior of the property was a single -use tenant or if it was subdivided already for multiple tenants. Mr. Schooley advised the basement is subdivided for two tenants and the main floor and upper floor are a one tenant space. Mr. Flewelling stated they have no objection to the conditions as outlined in the staff report, including: that the uses be permitted only within the existing building(s); that the maximum size of either the use be restricted to a certain percentage of the building, stated they would prefer 33% of the existing building rather than 25% or 1,500 square metres, due to the way in which the building is subdivided; and, the condition related to the Zoning By-law 2019-051. He stated it would be his preference to permit a "Commercial School" in its entirety to minimize any interpretation issues that may arise when interpreting the Zoning By-law and reviewing possible tenants for the subject property. In response to questions, Mr. Flewelling advised the property was vacant at the time the new Zoning By-law was passed so there would be no legal non -conforming status option available. In regards to the parking, there would be no parking variances required if the "Commercial School" was a permitted use as there is ample parking on-site to accommodate potential tenants. Mr. Schooly advised he was not an appellant to the new Zoning By-law, stating he was initially approached regarding the change in Zoning for the subject property in 2015 and did not receive a response to his written submission until sometime in 2017. He stated he was unaware at the time what changes were proposed for the property. He further advised he was previously permitted approximately 50 uses and under the new By-law is only permitted 29. Mr. S. Hannah questioned if the Zoning Certificate was proposed, what would be considered a reasonable deadline for securing a tenant. Mr. Flewelling advised that a condition of that nature was dictated by the market and with the current situation he was unable to propose a possible deadline. Several members expressed concerns with imposing a Zoning Certificate condition as it may be onerous to the applicant and would also limit the Committee's approval to the expiration of a tenants lease. Ms. J. Meader suggested a possible option may be to review the uses within "Commercial School" and perhaps the applicant could provide a shorter list of the possible uses they wish to maintain within that definition. Ms. von Westerholt advised one of the four tests of a minor variance is whether the approval is within the general intent of the Official Plan. She stated there are a number of possible complementary uses such as restaurants, print shops, financial establishments, fitness centres, COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -53- CITY OF KITCHENER 3. Submission No.: A 2020-021 (Cont'd) daycares and health offices, adding staff have no objections to permitting a dance studio as it aligns with the fitness centre use. She stated staff have concerns with adding a "Commercial School" as an out -right permission. Mr. Flewelling stated while the Official Plan does have a number of complimentary services uses, it also permits a commercial training school. He stated in his opinion the "Commercial School" use is not far in comparison to a commercial training establishment. He stated "Commercial School" permits the opportunity for teaching or instruction, which is similar in nature. He further advised even if "Commercial School" was allowed as a permitted use, there are some uses within that definition that would not suit the space, such as golf or gymnastics as an example. He stated applying the standard definition it should reduce any issues related to interpretation for the subject property. A motion was brought forward by Mr. S. Hannah to approve the subject application with three conditions: That "Light Repair Operation" and "Commercial School" be permitted only within the existing building(s); That the maximum size of the "Light Repair Operation" be the lesser of 33% of the size of the existing building(s) or 1,500 square metres; and, 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. Th Chair questioned whether Condition 3 related to Zoning By-law 2019-051 would prohibit the "Commercial School" until that By-law is in full force and effect. Following a discussion, Mr. Hannah agreed to amend his motion to strike Condition 3 as proposed related to Zoning By-law 2019-051. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of DAVID and KATHERINE SCHOOLEY and LINDA WHITE requesting permission to allow a "Commercial School" and "light repair operation" that was previously permitted in an 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, on Lot 35, Plan 1478, being Part 24 on Reference Plan 58R-1111, 44 Beasley Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That a "Light Repair Operation" and "Commercial School" be only be permitted within the existing building (s). 3. That the maximum size of the "Light Repair Operation" and "Commercial School" be lesser than 33% of the size of the existing building (s) or 1500 sq. m. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -54- CITY OF KITCHENER Submission No.: A 2020-022 Applicants: Christopher Balsdon and Victoria Espinal-Balsdon Property Location: 903 Zeller Crescent Legal Description: Part Block 6, Registered Plan 58M-367, being Part 1 on Reference Plan 58R-16824 Appearances: In Support: G. MacNeil Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD -20-045 (Amended) dated July 14, 2020 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2020 advising they have no concerns with this application. Ms. G. MacNeil was in attendance in support of the subject application and staff recommendation. Ms. D. Saunderson clarified that the deadline outlined in Condition 2 of the staff recommendation, in consultation with the file Planner, was amended to reflect an October 31, 2020 deadline. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of CHRISTOPHER BALSDON and VICTORIA ESPINAL-BALSDON requesting 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, on Part Block 6, Registered Plan 58M-367, being Part 1 on Reference Plan 58R-16824, 903 Zeller Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owners shall obtain a curb cut permit from Engineering Services. 2. That the owners shall complete the above noted Condition 1 prior to 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. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -55- CITY OF KITCHENER 5. Submission No.: A 2020-023 Applicants: Robert and Grazyna Cameron and Mary Kolosowski Property Location: 312 Weber Street West Legal Description: Part Lot 8, Plan 373 Appearances: In Support: M. Kolosowski Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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 3.1 m 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. The Committee considered Development Services Department report DSD -20-046 (Amended) dated July 14, 2020 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2020 advising they have no concerns with this application. Ms. M. Kolosowski was in attendance in support of the subject application and staff recommendation. Ms. D. Saunderson clarified that the deadline outlined in Condition 3 of the staff recommendation, in consultation with the file Planner, was amended to reflect an October 31, 2020 deadline. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ROBERT and GRAZYNA CAMERON and MARY KOLOSOWSKI requesting permission 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 m 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, on Part Lot 8, Plan 373, 312 Weber Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a Zoning (Occupancy) Certificate from the Planning Division. 2. That the requested variance shall be for a home business - Health Office (registered massage therapist) only. 3. That the owners shall complete the above noted Condition 1 prior to 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. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES JULY 21. 2020 -56- CITY OF KITCHENER : HT1 •T i1r_r1 CTi Ll rowwwZ8148118YA114M11541 Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 6. Submission No.: A 2020-024 Applicants: Sabastian and Tanya Yantz Property Location: 85 Wood Street Legal Description: Lot 15, Registered Plan 217 Appearances: In Support: T. & S. Yantz Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD -20-047 dated March 6, 2020 recommending refusal of this application as the requested variance may not allow sufficient distance to perform required maintenance. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2020 advising they have no concerns with this application. In addition, the Committee considered a written submission and photos from a neighbouring property owner dated March 12, 2020 in support of the subject application. Ms. T. Yantz and Mr. S. Yantz were in attendance in support of the subject application. Ms. Yantz noted she obtained a letter from the neighbouring property owner at 81 Wood Street, who expressed no concerns with the construction or maintenance of the proposed garage. She further advised she provided photos of other garage structures on Wood Street, stating there is precedence on the street for garage setbacks such as what is being requested through the subject application. The Chair expressed concerns with obtaining an agreement letter from the neighbours and questioned whether it would be more appropriate to request a maintenance easement for the proposed garage. Mr. G. Stevenson advised staff would typically request an easement; however, in this instance there are similar scenarios currently existing on the street and the applicant has received written approval from the adjacent property owner. He stated staff would be willing to provide an approval recommendation since receiving the letter from the adjacent property owner, with a word of caution depending on future property owners. He stated staff would not request a maintenance easement in this instance as the application before them this date is for a variance, not provisional consent. The Chair noted it was his preference to request, as part of the Committee's approval this date, that a maintenance agreement to be registered on title. In response to questions, Mr. Stevenson advised that the application is requesting a 0.3m side yard setback. He indicated further variances would not be required as the Zoning By-law requires a maintenance easement on the neighbouring property if the proposed setback was 0.2m. He indicated staff only made a recommendation of refusal out of concern for maintenance, noting the applicant has already received a letter from the adjacent neighbour indicating they have no concerns with the proposed garage. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -57- CITY OF KITCHENER 6. Submission No.: A 2020-024 (Cont'd) In response to questions, Mr. Yantz advised the roof and proposed eavestroughs would not overhang the abutting property. Ms. Yantz stated they have not yet gotten plans for the proposed garage as they wished to receive the Committee's approval prior to proceeding with additional work. In response to further questions, Ms. Yantz advised they did not consider a carport as they would prefer a garage for additional storage. Several members expressed concerns with approving the application, even though written consent was obtained from the neighbouring property owner. It was noted a maintenance agreement, as it would be registered on title, would provide greater assurances if the properties changed ownership. A motion was brought forward by Mr. S. Hannah to approve the subject application, including two conditions: That the owner shall enter into a maintenance agreement with the adjacent property owner at 81 Wood Street to be registered on title, to the satisfaction of the City Solicitor, prior to obtaining a building permit for the proposed garage; and, That the owner shall ensure all drainage from the proposed garage is maintained in the subject property to the satisfaction of the Chief Building Official. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of SEBASTIAN and TANYA YANTZ requesting 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, on Lot 15, Registered Plan 217, 85 Wood Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall enter into a maintenance agreement with the adjacent property owner at 81 Wood Street which is registered on title, to the satisfaction of the City Solicitor, prior to obtaining a building permit for the proposed garage. 2. That the owner shall ensure all drainage from the proposed garage is maintained in the subject property to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No.: A 2020-025 Applicant: 1836862 Ontario Ltd. Property Location: 624 King Street West Legal Description: Part Lots 53 & 54 Plan 376, being Parts 3 & 4 and Part of Part 2 on Reference Plan 58R-4360 Appearances: In Support: R. Anwar C. Foglia Contra: None COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -58- CITY OF KITCHENER 7. Submission No.: A 2020-025 (Cont'd) Written Submissions: None The Committee was advised the applicant is requesting 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). The Committee considered Development Services Department report DSD -20-048 dated March 9, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2020 advising they have no concerns with this application. Messrs. R. Anwar and C. Foglia were in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of 1836862 ONTARIO INC. requesting 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), on Part Lots 53 & 54, Plan 376, being Parts 3 & 4 and Part of Part 2 on Reference Plan 58R-4360, 624 King Street West, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 8. Submission No.: A 2020-026 Applicants: Mike and Andrea Civak Property Location: 924 Redtail Court Legal Description: Part Lot 66, German Company Tract & Part Block 25, Registered Plan 58M-551, beinq Parts 1 & 2 on Reference Plan 58R-18067 Appearances: In Support: J. Orth Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -59- CITY OF KITCHENER 8. Submission No.: A 2020-026 (Cont'd) The Committee was advised the applicants are 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. The Committee considered Development Services Department report DSD -20-049 dated March 4, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2020 advising they have no concerns with this application. Mr. J. Orth was in attendance in support of the subject application and staff recommendation. Mr. S. Hannah suggested, and it was agreed, that the Committee's decision this date be clarified to indicate that the covered porch be limited to one -storey. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of MICHAEL and ANDREA CIVAK requesting permission to construct a one -storey 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, on Part Lot 66, German Company Tract & Part Block 25, Registered Plan 58M-551, being Parts 1 & 2 on Reference Plan 58R-18067, 924 Redtail Court, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 9. Submission No.: A 2020-027 Applicant: Klondike Homes Ltd. Property Location: 293 Field Sparrow Crescent Legal Description: Lot 25, Registered Plan 58M-552 Appearances In Support: P. Florica Contra: None Written Submissions: M. & H. Winders The Committee was advised the applicant is 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. The Committee considered Development Services Department report DSD -20-050 dated March 4, 2020 recommending approval of this application. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -60- CITY OF KITCHENER 9. Submission No.: A 2020-027 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2020 advising they have no concerns with this application. Mr. P. Florica was in attendance in support of the subject application and staff recommendation. The Chair noted a written submission was received from the neighbouring property owner of 297 Field Sparrow Crescent, who requested consideration be given to installing a privacy screen along the edge of the covered porch. Mr. Florica noted it was his intention to install a large silvergrass tree which would grow between 8 and 10 feet in height to provide a privacy screen. In response to questions, Mr. Florica noted he was unsure this date whether the adjacent property owner was intending to construct a similar covered porch in their rear yard. Mr. B. McColl brought forward a motion to approve the subject application, including a clarification that the covered porch be limited to one -storey in height, as well as a condition requiring the owner to install a privacy screen on the proposed covered porch in the side yard located adjacent to 297 Field Sparrow Crescent, to the satisfaction of the Director of Planning. Mr. M. Kidd left the meeting at this time. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of KLONDIKE HOMES LTD. requesting permission to construct a single detached dwelling with a one -storey covered porch in the rear yard having a rear yard setback of 6.7m rather than the required 7.5m, on Lot 25, Registered Plan 58M-552, 293 Field Sparrow Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall install a privacy screen on the proposed covered porch in the side yard located adjacent to 297 Field Sparrow Crescent, to the satisfaction of the Director of Planning. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 10. Submission No.: A 2020-028 Applicant: 2632090 Ontario Inc. Property Location: 783 Guelph Street Legal Description: Lot 15 & Part Lot 14, Plan 788 Appearances: In Support: S. Patterson Contra: M. Perettti M. McCaughey COMMITTEE OF ADJUSTMENT MINUTES JULY 21. 2020 -61- CITY OF KITCHENER i[�>E�1•T511�r•Ti1�[•7iI_��iY�iaiY�:�NZ.7iiiC Written Submissions: L. Ferguson M. McCaughey The Committee was advised the applicant is 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%. The Committee considered Development Services Department report DSD -20-051 dated March 9, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2020 advising they have no concerns with this application. In addition, the Committee considered written comments from neighbouring property owners in opposition of the subject application. Mr. S. Patterson was in attendance in support of the subject application and staff recommendation. Ms. M. McCaughey addressed the Committee in opposition to the subject application. She expressed concerns with: the setback from the street and proximity of existing hydro lines; lack of existing on -street parking; increased population density as a result of the development; and, concerns for pedestrian safety due to increased vehicle traffic. She indicated she had contacted the City numerous times with regards to speeding on the street, as well as heavy trucks violating the no -heavy truck route and no solutions have been identified to date. She stated in her opinion a development of this size was not compatible with the surrounding neighbourhood. Mr. M. Peretti was in attendance in opposition of the subject application. He stated his only concern related to the application was regarding the parking reduction. He stated he represents the Knights of Columbus and currently the Food Bank employees use their property for overflow parking. He noted there are already issues related on -street parking, adding with the adjacent park across the street, the development would likely exacerbate the parking issues. Mr. S. Ryder advised, in response to the issues raised regarding the parking reduction, the proposed 1.12 spaces per unit still provides 1 off-street parking space per unit. He further advised staff would have also made the recommendation to unbundle the parking from the sale of the units. He indicated staff acknowledge the issues in the area related to speeding and heavy truck use and will continue to monitor the area and where possible, implement measures to help address those issues regardless of the development. He further advised the proposed 1.12 parking spaces per-unit is a reduction from the existing Zoning By-law 85-1, and is greater than the requirement for the new Zoning By-law of 1 space per unit. Mr. M. Kidd re-entered the meeting at this time. In response to questions regarding the front yard setback, Ms. J. von Westerholt advised the front yard setback would have been reviewed specifically from the side of the street, which the property is located on when determining an average setback as per the guidelines in the Residential Intensification in Established Neighbourhood Study (RIENS) guidelines. Mr. B. McColl questioned whether a tree preservation plan should be required as part of the Committee's approval this date. The Chair noted that requirement would likely be addressed through the Site Plan approval process. Ms. von Westerholt noted Environmental Planning staff were circulated on the application and they did not request any conditions and have no concerns with the subject application. In response to questions, Mr. Patterson advised the development has gone through the Site Plan Approval process and pending the Committee's decision this date, the development is intended to receive Site Plan Approval in Principle (AIP). He stated a tree preservation plan has COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -62- CITY OF KITCHENER 10. Submission No.: A 2020-028 (Cont'd) already been submitted and approved by City staff as part of that process. He clarified there is only one outstanding issue in receiving full AIP and that is whether additional bicycle parking will be provided on site. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of 2632090 ONTARIO INC. 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%, on Lot 15 & Part Lot 14, Plan 788, 783 Guelph Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried CONSENT APPLICATIONS 1. Submission No.: B 2020-010 Applicant: CP REIT Ontario Properties Limited Property Location: 123 Pioneer Drive Legal Description: Blocks F & G, Plan 1318 Appearances: In Support: A. Pakyanathan Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for a lease in excess of 21 years to Tim Hortons for the building they occupy on Pioneer Drive. The Committee considered Development Services Department report DSD -20-052 dated March 9, 2020, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 5, 2020, advising they have no objection to this application. Mr. A. Pakyanathan was in attendance in support of the subject application and staff recommendations. Ms. D. Saunderson requested, and it was agreed, that a condition be included in the Committee's decision this date requiring the applicant to provide a Reference Plan. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -63- CITY OF KITCHENER Submission No.: B 2020-010 (Cont'd) Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of CP REIT ONTARIO PROPERTIES LIMITED requesting permission for a lease in excess of 21 years to Tim Hortons for the building and drive-thru they occupy at the corner of Pioneer Drive and old Carriage Drive, on Blocks F & G, Plan 1318, 123 Pioneer Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 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. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 21, 2022. Carried 2. Submission No.: B 2020-011 Applicant: JEC Properties Inc. Property Location: 98 Strange Street Legal Description: Part Lot 484, Registered Plan 378 Appearances: In Support: S. Cechovsky Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 8.38m, a depth of 48.31m 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. The Committee considered Development Services Department report DSD -20-053 dated March 4, 2020, recommending approval of this application, subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES JULY 21. 2020 -64- CITY OF KITCHENER 2. Submission No.: B 2020-011 (Cont'd) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 5, 2020, advising they have no objection to this 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 (CNR) 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." Mr. S. Cechovsky was in attendance in support of the subject application and staff recommendations. The Chair noted the comments from the Region of Waterloo and requested they be included in the Committee's decision this date. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of JEC PROPERTIES INC. requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 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 48.31m and an area of 436.5 sq.m., on Part Lot 484, Registered Plan 378, 98 Strange Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $3,855.72. 4. That the owner shall 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. 5. That the owner shall make financial arrangements for the installation of all new service connections and the removal of redundant services to the retained lands, to the satisfaction of the City's Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -65- CITY OF KITCHENER 2. Submission No.: B 2020-011 (Cont'd) 6. That the owner shall make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 8. That the owner shall ensure any new driveways are built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 9. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 10. That the owner shall provide Engineering Services with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the owner. 11. That the owner shall submit the Regional consent review fee of $350.00 per new lot created. 12. That the owner shall 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 (CNR) or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of- way." It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -66- CITY OF KITCHENER 2. Submission No.: B 2020-011 (Cont'd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 21, 2022. Carried 3. Submission Nos.: B 2020-012 to B 2020-019 Applicant: Activa Holdings Inc. Property Location: Valencia Avenue Legal Description: Lots 2 to 5 and 7 to 10, Registered Plan 58M-648 Appearances: In Support: R. Demmers A. Sumner Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -20-054 dated March 6, 2020, recommending approval of these applications, subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -67- CITY OF KITCHENER 3. Submission Nos.: B 2020-012 to B 2020-019 (Cont'd) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 5, 2020, advising they have no objection to these applications. The Committee was in receipt of comments from Kitchener -Wilmot Hydro Inc. dated March 3, 2020, requesting that a condition be added to the Committee's decision this date requiring an easement on the end -unit townhouses to protect hydro access for the underground secondary cables in the proposed development. Ms. R. Demmers and Mr. A. Sumner were in attendance in support of the subject applications and staff recommendations. In response to questions, Mr. Sumner advised the townhouses are not yet under construction and the lots were created as part of a plan of subdivision. The Chair noted the comments from Kitchener -Wilmot Hydro Inc. and requested a condition be included in the Committee's decision this date. Submission No.: B 2020-012 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ACTIVA HOLDINGS INC. requesting permission to grant an "L" shaped easement having an overall width of 0.91m in favour of the adjacent townhomes on Valencia Avenue for the purpose of rear yard access, on Lot 5, Registered Plan 58M-648, 335 Valencia Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners of the proposed dominant lands and servient lands shall 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. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall grant Kitchener -Wilmot Hydro Inc. easements on the end -unit townhouses on the subject property to protect hydro access for the underground secondary cables in the proposed development. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -68- CITY OF KITCHENER 3. Submission Nos.: B 2020-012 to B 2020-019 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 21, 2022. Carried Submission No.: B 2020-013 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ACTIVA HOLDINGS INC. requesting permission to grant a 0.91m wide easement in the rear yard in favour of the adjacent townhomes on Valencia Avenue for the purpose of access, on Lot 4, Registered Plan 58M-648, 337 Valencia Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the 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. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall grant Kitchener -Wilmot Hydro Inc. easements on the end -unit townhouses on the subject property to protect hydro access for the underground secondary cables in the proposed development. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -69- CITY OF KITCHENER 3. Submission Nos.: B 2020-012 to B 2020-019 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 21, 2022. Carried Submission No.: B 2020-014 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ACTIVA HOLDINGS INC. requesting permission to grant a 0.91m wide easement in the rear yard in favour of the adjacent townhomes on Valencia Avenue for the purpose of access, on Lot 3, Registered Plan 58M-648, 339 Valencia Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the 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. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall grant Kitchener -Wilmot Hydro Inc. easements on the end -unit townhouses on the subject property to protect hydro access for the underground secondary cables in the proposed development. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -70- CITY OF KITCHENER 3. Submission Nos.: B 2020-012 to B 2020-019 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 21, 2022. Carried Submission No.: B 2020-015 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ACTIVA HOLDINGS INC. requesting permission to grant a 0.91m wide easement in the rear yard in favour of the adjacent townhomes on Valencia Avenue for the purpose of access, on Lot 2, Registered Plan 58M-648, 341 Valencia Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the 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. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall grant Kitchener -Wilmot Hydro Inc. easements on the end -unit townhouses on the subject property to protect hydro access for the underground secondary cables in the proposed development. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -71- CITY OF KITCHENER 3. Submission Nos.: B 2020-012 to B 2020-019 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 21, 2022. Carried Submission No.: B 2020-016 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ACTIVA HOLDINGS INC. requesting permission to grant an "L" shaped easement having an overall width of 0.91m in favour of the adjacent townhomes on Valencia Avenue for the purpose of access, on Lot 10, Registered Plan 58M-648, 334 Valencia Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the 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. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall grant Kitchener -Wilmot Hydro Inc. easements on the end -unit townhouses on the subject property to protect hydro access for the underground secondary cables in the proposed development. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -72- CITY OF KITCHENER 3. Submission Nos.: B 2020-012 to B 2020-019 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 21, 2022. Carried Submission No.: B 2020-017 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ACTIVA HOLDINGS INC. requesting permission to grant a 0.91m wide easement in the rear yard in favour of the adjacent townhomes on Valencia Avenue for the purpose of access, on Lot 9, Registered Plan 58M-648, 336 Valencia Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the 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. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall grant Kitchener -Wilmot Hydro Inc. easements on the end -unit townhouses on the subject property to protect hydro access for the underground secondary cables in the proposed development. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -73- CITY OF KITCHENER 3. Submission Nos.: B 2020-012 to B 2020-019 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 21, 2022. Carried Submission No.: B 2020-018 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ACTIVA HOLDINGS INC. requesting permission to grant a 0.91m wide easement in the rear yard in favour of the adjacent townhomes on Valencia Avenue for the purpose of access, on Lot 8, Registered Plan 58M-648, 338 Valencia Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the 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. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall grant Kitchener -Wilmot Hydro Inc. easements on the end -unit townhouses on the subject property to protect hydro access for the underground secondary cables in the proposed development. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -74- CITY OF KITCHENER 3. Submission Nos.: B 2020-012 to B 2020-019 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 21, 2022. Carried Submission No.: B 2020-019 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of ACTIVA HOLDINGS INC. requesting permission to grant a 0.91m wide easement in the rear yard in favour of the adjacent townhomes on Valencia Avenue for the purpose of access, on Lot 7, Registered Plan 58M-648, 340 Valencia Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the 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. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, is provided to the City Solicitor. 5. That the owner shall ensure the City Solicitor is provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 6. That the owner shall grant Kitchener -Wilmot Hydro Inc. easements on the end -unit townhouses on the subject property to protect hydro access for the underground secondary cables in the proposed development. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES JULY 21, 2020 -75- CITY OF KITCHENER 3. Submission Nos.: B 2020-012 to B 2020-019 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 21, 2022. Carried ADJOURNMENT On motion, the meeting adjourned at 11:53 a.m. Dated at the City of Kitchener this 21st day of July, 2020. Dianna Saunderson Secretary -Treasurer Committee of Adjustment