HomeMy WebLinkAboutCA - 2020-08-18COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 CITY OF KITCHENER
The Committee of Adjustment held an electronic 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. A. Pinnell, Senior Planner
Mr. D. Seller, Traffic Planning Analyst
Ms. D. Saunderson, Secretary -Treasurer
Ms. H. Dyson, Administrative Clerk
Mr. M. Colley, Region of Waterloo
Mr. R. Parent, Region of Waterloo
MINUTES
Moved by Ms. J. Meader
Seconded by Mr. M. Kidd
That the regular minutes of the Committee of Adjustment meeting held July 21, 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 April 21, 2020 were rescheduled for the meeting this date.
UNFINISHED BUSINESS:
CONSENT APPLICATIONS
Submission Nos.: B 2020-001 to B 2020-004
Applicant: WAM Fischer -Hallman G.P. Inc.
Property Location: 1250, 1270 & 1314 Fischer Hallman Road
Leaal Description: Lots 1 & 4 and Part of Lot 2. Plan 1471
Appearances:
In Support: M. Campbell
J. Marshall
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to sever 3 parcels of land, Lots
1 and 3 on the plan submitted with the application are intended for future development and Lot 4 is
intended to be deemed open space. The retained land, Lot 2 on the plan submitted with the
application, is also intended for future development. Permission is also being requested to grant
easements to facilitate the future development over the three severed parcels for access, servicing
and stormwater purposes. Permission will also be required to grant an easement over Lot 4 (open
space) for the purpose of stormwater management. The dimensions of the lots are approximately
proposed as follows:
B 2020-001 - Lot 1 on the plan submitted with the application (Corner of Fischer -Hallman Road and
Bleams Road)
Frontage: 74.5m
Area: 0.794 hectares
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -77- CITY OF KITCHENER
1. Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
B 2020-002 - Lot 2 on the plan submitted with the application
Frontage: 207.4m
Area: 3.195 hectares
B 2020-003 - Lot 3 on the plan submitted with the application (irregular in shape)
Frontage: 39.3m
Area: 1.903 hectares
B 2020-004 - Lot 4 on the plan submitted with the application
Frontage: 11.27m
Area: 0.792 hectares
The Committee considered Development Services Department report DSD -20-080 dated August
6, 2020, recommending approval of these applications, subject to the conditions outlined in the
Report.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services dated August 6, 2020, advising they have no objection to applications B 2020-
001 to B 2020-004, subject to the following conditions:
1) That prior to final approval, the owner/applicant submit the consent review fee of $350.00
per new lot created to the Region of Waterloo.
2)
a. That prior to final approval, the owner/applicant enter into an agreement with the City
of Kitchener to secure implementation of the recommendations of the noise study
entitled, "Noise Feasibility Study, Proposed Mixed -Use Development, 1250, 1270,
1314 Fischer -Hallman Road, Kitchener, Ontario" (HGC Engineering, June 11, 2020),
as it applies to the retained parcel described as Lot 2 on Consent Applications B2020-
001 to B2020-004, all to the satisfaction of the Region of Waterloo.
b. That prior to final approval, the owner/applicant enter into an agreement with the
Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed
road traffic and stationary noise study, prior to site plan approval, for the severed
parcel described as Lot 1 on Consent Application B2020-001; and furthermore, the
owner/applicant enter into an agreement with the Regional Municipality of Waterloo
and/or the City of Kitchener to secure implementation of the recommendations of the
noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener.
C. That prior to final approval, the owner/applicant enter into an agreement with the
Regional Municipality of Waterloo and/or the City of Kitchener to submit a detailed
road traffic and stationary noise study, prior to site plan approval, for the severed
parcel described as Lot 3 on Consent Application B2020-002; and furthermore, the
owner/applicant enter into an agreement with the Regional Municipality of Waterloo
and/or the City of Kitchener to secure implementation of the recommendations of the
noise study, all to the satisfaction of the Region of Waterloo and the City of Kitchener.
3) Notwithstanding the above -stated condition, the owner/applicant is required to enter into a
development agreement with the City of Kitchener to include the following warning clause
in any offers to purchase and/or rental agreements for the severed parcels described as
Lots 1 and 3 on Consent Applications B2020-001 and B2020-002:
"Purchasers/tenants are advised of the proximity of nearby commercial, retail/office
and industrial facilities, the sound from which may at times be audible."
4) That prior to final approval, the owner/applicant submit a final Stormwater Management
Report and Chloride Impact Assessment to the satisfaction of the Region of Waterloo.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -78- CITY OF KITCHENER
Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
5) That the owner provide a draft reference plan showing the requested specific easements for
access, stormwater and servicing, as well as a description of the purpose of the easements,
rights, privileges being granted, for registration, to the satisfaction of the Region of Waterloo.
6) That the Transfer Easement documents required to create the easements being approved
herein shall include the following and shall be approved by the Region, in consultation with
the City:
a. A clear and specific description of the purpose of the easements and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
b. A clause/statement/wording confirming that the easements being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released,
or otherwise dealt with without the express written consent of the City.
7) That the owner/applicant provide the Region a satisfactory Solicitor's Undertaking to register
the approved Transfer Easements and to immediately thereafter provide copies thereof to
the Region's Solicitor to be provided to the Region Solicitor.
8) That prior to final approval, as recommended in the Transportation Impact Study entitled
"Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of
Kitchener" authored by WSP (Apri12018) provide a functional design for the proposed
southerly access on Fischer -Hallman Road (traffic control signal), to the satisfaction of the
Region.
9) That prior to final approval, the owner shall enter into an agreement with the Region of
Waterloo to provide the functional design, approved cost estimate, and letter of credit all to
the satisfaction of the Region of Waterloo, for the Region of Waterloo to install the
permanent traffic control signals at the southerly most access of the site to Fischer -Hallman
Road, and the dedication of the lands required from the developer to implement the traffic
control signal, free and clear of all encumbrances at no expense to the Region of Waterloo.
The Committee considered the report of the Grand River Conservation Authority (GRCA) dated
January 9, 2020 advising although they have no objection to these applications, they noted the
subject lands contain erosion hazard and its associated allowance as well as the allowance to a
wetland located on an adjacent property. They further advised due to the presence of the resource
features noted above, any future development proposed within GRCA regulated areas will require
prior issuance of a GRCA permit pursuant to Ontario Regulation 150/06.
Messrs. M. Campbell and J. Marshall were in attendance in support of the subject applications. Mr.
Campbell stated he is in support of the staff recommendation and the conditions requested this
date by the City of Kitchener and the Region of Waterloo.
Messrs. M. Colley, Region of Waterloo, and A. Pinnell, City of Kitchener, confirmed they are
satisfied with the proposed recommendations and conditions as requested.
In response to questions, Mr. Marshall noted the GRCA's review fee has been paid, adding they
are continuing to work with the GRCA with regards to the proposed development.
Mr. B. McColl requested, and it was agreed, that a condition be added to the Committee's
approval this date to make satisfactory financial arrangements to the GRCA for their application
plan review fee.
Submission No.: B 2020-001
Moved by Mr. B. McColl
Seconded by Mr. M. Kidd
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18. 2020 -79- CITY OF KITCHENER
1. Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
That the application of WAM FISCHER-HALLMAN G.P. INC. requesting permission to sever a
parcel of land identified as Lot 1 on the plan submitted with the application (Corner of Fischer -
Hallman Road and Bleams Road) having a width of 74.5m and an area of 0.8 hectares; and, to
grant easements for access and servicing, on Lot 4 and Part of Lot 2, Plan 1471, 1250 Fischer
Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are
no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall ensure the dimensions and shapes of the proposed lots be in general
conformity with those shown on the Consent Sketch provided with the application, to the
satisfaction of the City's Director of Planning.
4. That the Section 41 Development Agreement related to the approval of Site Plan
Application SP18/083/F/AP be registered on title of the whole of the subject lands
addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the City's Director
of Planning and City Solicitor.
5. That the owner shall submit, and obtain approval of, a functional servicing report for the
whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road, to the
satisfaction of the City's Director of Engineering Services and Region of Waterloo.
6. That the owner shall provide a draft reference plan showing the requested specific
easements, as well as a description of the purpose of the easements, rights, and
privileges being granted, for registration, to the satisfaction of the City's Director of
Planning, City's Director of Engineering Services, and City Solicitor.
7. That the owner shall establish blanket easements for any additional shared facilities (e.g.,
parking), to the satisfaction of the City's Director of Planning and City Solicitor.
8. That the Transfer Easement documents required to create the easements being approved
herein shall include the following and shall be approved by the City Solicitor, in
consultation with the City's Director of Planning:
a. a clear and specific description of the purpose of the easements and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
b. a clause/statement/wording confirming that the easements being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
9. That the owner shall provide a satisfactory Solicitor's Undertaking to register the approved
Transfer Easements and to immediately thereafter provide copies thereof to the City
Solicitor.
10. That the owner shall submit a draft copy of the proposed Transfer for the severed parcel
for review and approval, to the satisfaction of the City Solicitor.
11. That the owner shall make financial arrangements, to the satisfaction of the City's
Engineering Services, for the installation of all new service connections (i.e., sanitary,
storm, and water) to the severed and retained lands.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -80- CITY OF KITCHENER
Submission Nos.: B 2020-001 to B 2020-004 (Cont'd
12. That the owner shall prepare a servicing plan showing outlets to the municipal servicing
system, to the satisfaction of Engineering Services.
13. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD
format) for the site (e.g., servicing, stormwater management, etc.) with corresponding
layer names and asset information, to the satisfaction of the City's Engineering Services.
14. That the owner shall submit the consent review fee of $350.00 per new lot created to the
Region of Waterloo.
15. That the owner shall enter into an agreement with the City of Kitchener to secure
implementation of the recommendations of the noise study entitled, "Noise Feasibility
Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road,
Kitchener, Ontario" (HGC Engineering, June 11, 2020), as it applies to the retained parcel
described as Lot 2 on Consent Applications B 2020-001 to B 2020-004, all to the
satisfaction of the Region of Waterloo.
16. That the owner shall enter into an agreement with the Regional Municipality of Waterloo
and/or the City of Kitchener to submit a detailed road traffic and stationary noise study,
prior to site plan approval, for the severed parcel described as Lot 1 on Consent
Application B 2020-001; and furthermore, the owner/applicant shall enter into an
agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to
secure implementation of the recommendations of the noise study, all to the satisfaction
of the Region of Waterloo and the City of Kitchener.
17. That the owner shall enter into an agreement with the Regional Municipality of Waterloo
and/or the City of Kitchener to submit a detailed road traffic and stationary noise study,
prior to site plan approval, for the severed parcel described as Lot 3 on Consent
Application B 2020-002; and furthermore, the owner/applicant enter into an agreement
with the Regional Municipality of Waterloo and/or the City of Kitchener to secure
implementation of the recommendations of the noise study, all to the satisfaction of the
Region of Waterloo and the City of Kitchener.
18. Notwithstanding the above -stated condition, the owner shall enter into a development
agreement with the City of Kitchener to include the following warning clause in any offers
to purchase and/or rental agreements for the severed parcels described as Lots 1 and 3
on Consent Applications B 2020-001 and B 2020-002:
"Purchasers/tenants are advised of the proximity of nearby commercial,
retail/office and industrial facilities, the sound from which may at times be audible."
19. That the owner shall submit a final Stormwater Management Report and Chloride Impact
Assessment to the satisfaction of the Region of Waterloo.
20. That the owner shall provide a draft reference plan showing the requested specific
easements for access, stormwater and servicing, as well as a description of the purpose
of the easements, rights, privileges being granted, for registration, to the satisfaction of
the Region of Waterloo.
21. That the owner shall ensure the Transfer Easement documents required to create the
easements being approved herein shall include the following and shall be approved by
the Region, in consultation with the City:
A clear and specific description of the purpose of the easements and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
A clause/statement/wording confirming that the easements being granted shall be
maintained and registered on title in perpetuity and shall not be amended,
released, or otherwise dealt with without the express written consent of the City.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -81- CITY OF KITCHENER
1. Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
22. That the owner shall provide the Region of Waterloo a satisfactory Solicitor's Undertaking
to register the approved Transfer Easements and to immediately thereafter provide
copies thereof to the Region's Solicitor to be provided to the Region Solicitor.
23. That the owner shall, as recommended in the Transportation Impact Study entitled
"Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of
Kitchener" authored by WSP (Apri12018) provide a functional design for the proposed
southerly access on Fischer -Hallman Road (traffic control signal), to the satisfaction of
the Region of Waterloo.
24. That the owner shall enter into an agreement with the Region of Waterloo to provide the
functional design, approved cost estimate, and letter of credit all to the satisfaction of the
Region of Waterloo, for the Region of Waterloo to install the permanent traffic control
signals at the southerly most access of the site to Fischer -Hallman Road, and the
dedication of the lands required from the developer to implement the traffic control signal,
free and clear of all encumbrances at no expense to the Region of Waterloo.
25. That the owner shall make satisfactory financial arrangements with the Grand River
Conservation Authority (GRCA) for the applicant plan review fee.
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. kitchener. ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee
shall lapse two years from the date of approval, being August 18, 2022.
Carried
Submission No.: B 2020-002
Moved by Mr. B. McColl
Seconded by Mr. M. Kidd
That the application of WAM FISCHER-HALLMAN G.P. INC. requesting permission to grant
easements over Lot 2 (the retained land) on the plan submitted with the application for access and
servicing, on Lots 1 & 4 and Part Lot 2, Plan 1471, 1250, 1270 & 1314 Fischer Hallman Road,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are
no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue
Division.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -82- CITY OF KITCHENER
1. Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall ensure the dimensions and shapes of the proposed lots be in general
conformity with those shown on the Consent Sketch provided with the application, to the
satisfaction of the City's Director of Planning.
4. That the Section 41 Development Agreement related to the approval of Site Plan
Application SP18/083/F/AP be registered on title of the whole of the subject lands
addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the City's Director
of Planning and City Solicitor.
5. That the owner shall submit, and obtain approval of, a functional servicing report for the
whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road, to the
satisfaction of the City's Director of Engineering Services and Region of Waterloo.
6. That the owner shall provide a draft reference plan showing the requested specific
easements, as well as a description of the purpose of the easements, rights, and
privileges being granted, for registration, to the satisfaction of the City's Director of
Planning, City's Director of Engineering Services, and City Solicitor.
7. That the owner shall establish blanket easements for any additional shared facilities (e.g.,
parking), to the satisfaction of the City's Director of Planning and City Solicitor.
8. That the Transfer Easement documents required to create the easements being approved
herein shall include the following and shall be approved by the City Solicitor, in
consultation with the City's Director of Planning:
a clear and specific description of the purpose of the easements and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
a clause/statement/wording confirming that the easements being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
9. That the owner shall provide a satisfactory Solicitor's Undertaking to register the approved
Transfer Easements and to immediately thereafter provide copies thereof to the City
Solicitor.
10. That the owner shall submit a draft copy of the proposed Transfer for the severed parcel
for review and approval, to the satisfaction of the City Solicitor.
11. That the owner shall make financial arrangements, to the satisfaction of the City's
Engineering Services, for the installation of all new service connections (i.e., sanitary,
storm, and water) to the severed and retained lands.
12. That the owner shall prepare a servicing plan showing outlets to the municipal servicing
system, to the satisfaction of Engineering Services.
13. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD
format) for the site (e.g., servicing, stormwater management, etc.) with corresponding
layer names and asset information, to the satisfaction of the City's Engineering Services.
14. That the owner shall submit the consent review fee of $350.00 per new lot created to the
Region of Waterloo.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -83- CITY OF KITCHENER
Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
15. That the owner shall enter into an agreement with the City of Kitchener to secure
implementation of the recommendations of the noise study entitled, "Noise Feasibility
Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road,
Kitchener, Ontario" (HGC Engineering, June 11, 2020), as it applies to the retained parcel
described as Lot 2 on Consent Applications B 2020-001 to B 2020-004, all to the
satisfaction of the Region of Waterloo.
16. That the owner shall enter into an agreement with the Regional Municipality of Waterloo
and/or the City of Kitchener to submit a detailed road traffic and stationary noise study,
prior to site plan approval, for the severed parcel described as Lot 1 on Consent
Application B 2020-001; and furthermore, the owner/applicant shall enter into an
agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to
secure implementation of the recommendations of the noise study, all to the satisfaction
of the Region of Waterloo and the City of Kitchener.
17. That the owner shall enter into an agreement with the Regional Municipality of Waterloo
and/or the City of Kitchener to submit a detailed road traffic and stationary noise study,
prior to site plan approval, for the severed parcel described as Lot 3 on Consent
Application B 2020-002; and furthermore, the owner/applicant enter into an agreement
with the Regional Municipality of Waterloo and/or the City of Kitchener to secure
implementation of the recommendations of the noise study, all to the satisfaction of the
Region of Waterloo and the City of Kitchener.
18. Notwithstanding the above -stated condition, the owner shall enter into a development
agreement with the City of Kitchener to include the following warning clause in any offers
to purchase and/or rental agreements for the severed parcels described as Lots 1 and 3
on Consent Applications B 2020-001 and B 2020-002:
"Purchasers/tenants are advised of the proximity of nearby commercial,
retail/office and industrial facilities, the sound from which may at times be audible."
19. That the owner shall submit a final Stormwater Management Report and Chloride Impact
Assessment to the satisfaction of the Region of Waterloo.
20. That the owner shall provide a draft reference plan showing the requested specific
easements for access, stormwater and servicing, as well as a description of the purpose
of the easements, rights, privileges being granted, for registration, to the satisfaction of
the Region of Waterloo.
21. That the owner shall ensure the Transfer Easement documents required to create the
easements being approved herein shall include the following and shall be approved by
the Region, in consultation with the City:
A clear and specific description of the purpose of the easements and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
A clause/statement/wording confirming that the easements being granted shall be
maintained and registered on title in perpetuity and shall not be amended,
released, or otherwise dealt with without the express written consent of the City.
22. That the owner shall provide the Region of Waterloo a satisfactory Solicitor's Undertaking
to register the approved Transfer Easements and to immediately thereafter provide
copies thereof to the Region's Solicitor to be provided to the Region Solicitor.
23. That the owner shall, as recommended in the Transportation Impact Study entitled
"Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of
Kitchener" authored by WSP (Apri12018) provide a functional design for the proposed
southerly access on Fischer -Hallman Road (traffic control signal), to the satisfaction of
the Region of Waterloo.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -84- CITY OF KITCHENER
1. Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
24. That the owner shall enter into an agreement with the Region of Waterloo to provide the
functional design, approved cost estimate, and letter of credit all to the satisfaction of the
Region of Waterloo, for the Region of Waterloo to install the permanent traffic control
signals at the southerly most access of the site to Fischer -Hallman Road, and the
dedication of the lands required from the developer to implement the traffic control signal,
free and clear of all encumbrances at no expense to the Region of Waterloo.
25. That the owner shall make satisfactory financial arrangements with the Grand River
Conservation Authority (GRCA) for the applicant plan review fee.
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. kitchener. ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee
shall lapse two years from the date of approval, being August 18, 2022.
Carried
Submission No.: B 2020-003
Moved by Mr. B. McColl
Seconded by Mr. M. Kidd
That the application of WAM FISCHER-HALLMAN G.P. INC. requesting permission to sever a
parcel of land identified as Lot 3 on the plan submitted with the application (irregular in shape)
having an approximate width of 39.3m and an area of 1.9 hectares; and, to grant easements for
access and servicing, on Lot 4, Plan 1471, 1314 Fischer Hallman Road, Kitchener, Ontario, BE
APPROVED, subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are
no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall ensure the dimensions and shapes of the proposed lots be in general
conformity with those shown on the Consent Sketch provided with the application, to the
satisfaction of the City's Director of Planning.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -85- CITY OF KITCHENER
1. Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
4. That the Section 41 Development Agreement related to the approval of Site Plan
Application SP18/083/F/AP be registered on title of the whole of the subject lands
addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the City's Director
of Planning and City Solicitor.
5. That the owner shall submit, and obtain approval of, a functional servicing report for the
whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road, to the
satisfaction of the City's Director of Engineering Services and Region of Waterloo.
6. That the owner shall provide a draft reference plan showing the requested specific
easements, as well as a description of the purpose of the easements, rights, and
privileges being granted, for registration, to the satisfaction of the City's Director of
Planning, City's Director of Engineering Services, and City Solicitor.
7. That the owner shall establish blanket easements for any additional shared facilities (e.g.,
parking), to the satisfaction of the City's Director of Planning and City Solicitor.
8. That the Transfer Easement documents required to create the easements being approved
herein shall include the following and shall be approved by the City Solicitor, in
consultation with the City's Director of Planning:
a clear and specific description of the purpose of the easements and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
a clause/statement/wording confirming that the easements being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
9. That the owner shall provide a satisfactory Solicitor's Undertaking to register the approved
Transfer Easements and to immediately thereafter provide copies thereof to the City
Solicitor.
10. That the owner shall submit a draft copy of the proposed Transfer for the severed parcel
for review and approval, to the satisfaction of the City Solicitor.
11. That the owner shall make financial arrangements, to the satisfaction of the City's
Engineering Services, for the installation of all new service connections (i.e., sanitary,
storm, and water) to the severed and retained lands.
12. That the owner shall prepare a servicing plan showing outlets to the municipal servicing
system, to the satisfaction of Engineering Services.
13. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD
format) for the site (e.g., servicing, stormwater management, etc.) with corresponding
layer names and asset information, to the satisfaction of the City's Engineering Services.
14. That the owner shall submit the consent review fee of $350.00 per new lot created to the
Region of Waterloo.
15. That the owner shall enter into an agreement with the City of Kitchener to secure
implementation of the recommendations of the noise study entitled, "Noise Feasibility
Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road,
Kitchener, Ontario" (HGC Engineering, June 11, 2020), as it applies to the retained parcel
described as Lot 2 on Consent Applications B 2020-001 to B 2020-004, all to the
satisfaction of the Region of Waterloo.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -86- CITY OF KITCHENER
Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
16. That the owner shall enter into an agreement with the Regional Municipality of Waterloo
and/or the City of Kitchener to submit a detailed road traffic and stationary noise study,
prior to site plan approval, for the severed parcel described as Lot 1 on Consent
Application B 2020-001; and furthermore, the owner/applicant shall enter into an
agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to
secure implementation of the recommendations of the noise study, all to the satisfaction
of the Region of Waterloo and the City of Kitchener.
17. That the owner shall enter into an agreement with the Regional Municipality of Waterloo
and/or the City of Kitchener to submit a detailed road traffic and stationary noise study,
prior to site plan approval, for the severed parcel described as Lot 3 on Consent
Application B 2020-002; and furthermore, the owner/applicant enter into an agreement
with the Regional Municipality of Waterloo and/or the City of Kitchener to secure
implementation of the recommendations of the noise study, all to the satisfaction of the
Region of Waterloo and the City of Kitchener.
18. Notwithstanding the above -stated condition, the owner shall enter into a development
agreement with the City of Kitchener to include the following warning clause in any offers
to purchase and/or rental agreements for the severed parcels described as Lots 1 and 3
on Consent Applications B 2020-001 and B 2020-002:
"Purchasers/tenants are advised of the proximity of nearby commercial,
retail/office and industrial facilities, the sound from which may at times be audible."
19. That the owner shall submit a final Stormwater Management Report and Chloride Impact
Assessment to the satisfaction of the Region of Waterloo.
20. That the owner shall provide a draft reference plan showing the requested specific
easements for access, stormwater and servicing, as well as a description of the purpose
of the easements, rights, privileges being granted, for registration, to the satisfaction of
the Region of Waterloo.
21. That the owner shall ensure the Transfer Easement documents required to create the
easements being approved herein shall include the following and shall be approved by
the Region, in consultation with the City:
A clear and specific description of the purpose of the easements and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
A clause/statement/wording confirming that the easements being granted shall be
maintained and registered on title in perpetuity and shall not be amended,
released, or otherwise dealt with without the express written consent of the City.
22. That the owner shall provide the Region of Waterloo a satisfactory Solicitor's Undertaking
to register the approved Transfer Easements and to immediately thereafter provide
copies thereof to the Region's Solicitor to be provided to the Region Solicitor.
23. That the owner shall, as recommended in the Transportation Impact Study entitled
"Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of
Kitchener" authored by WSP (Apri12018) provide a functional design for the proposed
southerly access on Fischer -Hallman Road (traffic control signal), to the satisfaction of
the Region of Waterloo.
24. That the owner shall enter into an agreement with the Region of Waterloo to provide the
functional design, approved cost estimate, and letter of credit all to the satisfaction of the
Region of Waterloo, for the Region of Waterloo to install the permanent traffic control
signals at the southerly most access of the site to Fischer -Hallman Road, and the
dedication of the lands required from the developer to implement the traffic control signal,
free and clear of all encumbrances at no expense to the Region of Waterloo.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -87- CITY OF KITCHENER
1. Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
25. That the owner shall make satisfactory financial arrangements with the Grand River
Conservation Authority (GRCA) for the applicant plan review fee.
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. kitchener. ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee
shall lapse two years from the date of approval, being August 18, 2022.
Carried
Submission No.: B 2020-004
Moved by Mr. B. McColl
Seconded by Mr. M. Kidd
That the application of WAM FISCHER-HALLMAN G.P. INC. requesting permission to sever a
parcel of land identified as Lot 4 on the plan submitted with the application having an
approximate width of 11.27m and an area of 0.8 hectares; and, to grant easements for
stormwater management, on Lot 4, Plan 1471, 1314 Fischer Hallman Road, Kitchener, Ontario,
BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are
no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall ensure the dimensions and shapes of the proposed lots be in general
conformity with those shown on the Consent Sketch provided with the application, to the
satisfaction of the City's Director of Planning.
4. That the Section 41 Development Agreement related to the approval of Site Plan
Application SP18/083/F/AP be registered on title of the whole of the subject lands
addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the City's Director
of Planning and City Solicitor.
5. That the owner shall submit, and obtain approval of, a functional servicing report for the
whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road, to the
satisfaction of the City's Director of Engineering Services and Region of Waterloo.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18. 2020 -88- CITY OF KITCHENER
i��1•Ti11�CTi1�C•>`�■Y►�iY�iaiI�Z[[.7Y►�iY�iaiI�L!<NZ.TiiiC
6. That the owner shall provide a draft reference plan showing the requested specific
easements, as well as a description of the purpose of the easements, rights, and
privileges being granted, for registration, to the satisfaction of the City's Director of
Planning, City's Director of Engineering Services, and City Solicitor.
7. That the owner shall establish blanket easements for any additional shared facilities (e.g.,
parking), to the satisfaction of the City's Director of Planning and City Solicitor.
8. That the Transfer Easement documents required to create the easements being approved
herein shall include the following and shall be approved by the City Solicitor, in
consultation with the City's Director of Planning:
a clear and specific description of the purpose of the easements and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
a clause/statement/wording confirming that the easements being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
9. That the owner shall provide a satisfactory Solicitor's Undertaking to register the approved
Transfer Easements and to immediately thereafter provide copies thereof to the City
Solicitor.
10. That the owner shall submit a draft copy of the proposed Transfer for the severed parcel
for review and approval, to the satisfaction of the City Solicitor.
11. That the owner shall make financial arrangements, to the satisfaction of the City's
Engineering Services, for the installation of all new service connections (i.e., sanitary,
storm, and water) to the severed and retained lands.
12. That the owner shall prepare a servicing plan showing outlets to the municipal servicing
system, to the satisfaction of Engineering Services.
13. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD
format) for the site (e.g., servicing, stormwater management, etc.) with corresponding
layer names and asset information, to the satisfaction of the City's Engineering Services.
14. That the owner shall submit the consent review fee of $350.00 per new lot created to the
Region of Waterloo.
15. That the owner shall enter into an agreement with the City of Kitchener to secure
implementation of the recommendations of the noise study entitled, "Noise Feasibility
Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer -Hallman Road,
Kitchener, Ontario" (HGC Engineering, June 11, 2020), as it applies to the retained parcel
described as Lot 2 on Consent Applications B 2020-001 to B 2020-004, all to the
satisfaction of the Region of Waterloo.
16. That the owner shall enter into an agreement with the Regional Municipality of Waterloo
and/or the City of Kitchener to submit a detailed road traffic and stationary noise study,
prior to site plan approval, for the severed parcel described as Lot 1 on Consent
Application B 2020-001; and furthermore, the owner/applicant shall enter into an
agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to
secure implementation of the recommendations of the noise study, all to the satisfaction
of the Region of Waterloo and the City of Kitchener.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -89- CITY OF KITCHENER
Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
17. That the owner shall enter into an agreement with the Regional Municipality of Waterloo
and/or the City of Kitchener to submit a detailed road traffic and stationary noise study,
prior to site plan approval, for the severed parcel described as Lot 3 on Consent
Application B 2020-002; and furthermore, the owner/applicant enter into an agreement
with the Regional Municipality of Waterloo and/or the City of Kitchener to secure
implementation of the recommendations of the noise study, all to the satisfaction of the
Region of Waterloo and the City of Kitchener.
18. Notwithstanding the above -stated condition, the owner shall enter into a development
agreement with the City of Kitchener to include the following warning clause in any offers
to purchase and/or rental agreements for the severed parcels described as Lots 1 and 3
on Consent Applications B 2020-001 and B 2020-002:
"Purchasers/tenants are advised of the proximity of nearby commercial,
retail/office and industrial facilities, the sound from which may at times be audible."
19. That the owner shall submit a final Stormwater Management Report and Chloride Impact
Assessment to the satisfaction of the Region of Waterloo.
20. That the owner shall provide a draft reference plan showing the requested specific
easements for access, stormwater and servicing, as well as a description of the purpose
of the easements, rights, privileges being granted, for registration, to the satisfaction of
the Region of Waterloo.
21. That the owner shall ensure the Transfer Easement documents required to create the
easements being approved herein shall include the following and shall be approved by
the Region, in consultation with the City:
A clear and specific description of the purpose of the easements and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
A clause/statement/wording confirming that the easements being granted shall be
maintained and registered on title in perpetuity and shall not be amended,
released, or otherwise dealt with without the express written consent of the City.
22. That the owner shall provide the Region of Waterloo a satisfactory Solicitor's Undertaking
to register the approved Transfer Easements and to immediately thereafter provide
copies thereof to the Region's Solicitor to be provided to the Region Solicitor.
23. That the owner shall, as recommended in the Transportation Impact Study entitled
"Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of
Kitchener" authored by WSP (Apri12018) provide a functional design for the proposed
southerly access on Fischer -Hallman Road (traffic control signal), to the satisfaction of
the Region of Waterloo.
24. That the owner shall enter into an agreement with the Region of Waterloo to provide the
functional design, approved cost estimate, and letter of credit all to the satisfaction of the
Region of Waterloo, for the Region of Waterloo to install the permanent traffic control
signals at the southerly most access of the site to Fischer -Hallman Road, and the
dedication of the lands required from the developer to implement the traffic control signal,
free and clear of all encumbrances at no expense to the Region of Waterloo.
25. That the owner shall make satisfactory financial arrangements with the Grand River
Conservation Authority (GRCA) for the applicant plan review fee.
It is the opinion of this Committee that
A plan of subdivision is not necessary for the proper and orderly development of the
municipality.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 _90- CITY OF KITCHENER
1. Submission Nos.: B 2020-001 to B 2020-004 (Cont'd)
2. The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and
the Regional Official Policies Plan.
Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee
shall lapse two years from the date of approval, being August 18, 2022.
Carried
NEW BUSINESS:
MINOR VARIANCE APPLICATIONS:
1. Submission No.:
A 2020-029
Applicant:
Elev8 Properties Inc.
Property Location:
290 King Street East
Legal Description:
Part Lot 12, Plan 364
Appearances:
In Support:
S. O'Neill
S. Burrows
M. Podobnik
Contra:
None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a 3 -storey mixed-
use building containing 8 residential units and 1 commercial unit having 0 off-street parking spaces
rather than the required 1 off-street parking space for an 8 -unit multi -residential dwelling with a
parking rate of 0.165 spaces per unit, for dwellings not exceeding 51 sq.m. in floor area and 2
parking spaces for a commercial space at a rate of 1 space per 40 sq.m.; and, to permit a Floor
Space Ratio (FSR) of 2.1 rather than the maximum permitted FSR of 2.0.
The Committee considered Development Services Department report DSD -20-081 dated August
5, 2020 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with this application.
Messrs. S. O'Neill and S. Burrows were in attendance in support of the subject application and
staff recommendation.
Moved by Mr. M. Kidd
Seconded by Ms. J. Meader
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 _91- CITY OF KITCHENER
1. Submission No.: A 2020-029 (Cont'd)
That the application of ELEV8 PROPERTIES INC. requesting permission to construct a 3 -storey
mixed-use building containing 8 residential units and 1 commercial unit having 0 off-street
parking spaces rather than the required 1 off-street parking space for an 8 -unit multi -residential
dwelling with a parking rate of 0.165 spaces per unit, for dwellings not exceeding 51 sq.m. in
floor area and 2 parking spaces for a commercial space at a rate of 1 space per 40 sq. m.; and,
to permit 1 unit on the ground floor to have a Floor Space Ratio (FSR) of 2.1 rather than the
maximum permitted FSR of 2.0., on Part Lot 12, Plan 364, 293 King Street East, 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
2. Submission No.: A 2020-030
Applicant: 2522935 Ontario Inc.
Property Location: 366 Rivertrail Avenue
Legal Description: Lot 19, Registered Plan 58M-605
Appearances:
In Support: P. Ha
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single detached
dwelling having a driveway located 7.94m from the intersection of Valleybrook Drive and Rivertrail
Avenue rather than the required setback of 9m.
The Committee considered Development Services Department report DSD -20-082 dated August
12, 2020 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with this application.
Mr. P. Ha was in attendance in support of the subject application and staff recommendation.
Moved by Ms. J. Meader
Seconded by Mr. B. McColl
That the application of 2522935 ONTARIO INC. requesting permission to construct a single
detached dwelling having a driveway located 7.94m from the intersection of Valleybrook Drive
and Rivertrail Avenue rather than the required setback of 9m, on Lot 19, Registered Plan 58M-
605, 366 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -92- CITY OF KITCHENER
2. Submission No.: A 2020-030 (Cont'd)
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Carried
3. Submission No.: A 2020-031
Applicants: Douglas and Kristine Epp
Property Location: 10 Martin Street
Legal Description: Lot 17, German Company Tract
Appearances:
In Support: D. Stewart
Contra: None
Written Submissions: None
The Committee was advised the applicants are requesting permission to construct an addition in
the rear yard of an existing single detached dwelling having an easterly side yard setback of 0.6m
rather than the required 1.2m. The existing rear yard addition will be demolished.
The Committee considered Development Services Department report DSD -20-083 dated August
5, 2020 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with this application.
Mr. D. Stewart was in attendance in support of the subject application and staff recommendation.
Mr. S. Hannah noted the survey submitted with the application indicates the house is
approximately 0.73m from the side yard setback. He stated if the applicant extends the proposed
addition, the structure would be closer than the requested 0.6m. Mr. Hannah requested, and it
was agreed, the variance be amended to approve a 0.5m easterly side yard setback to
accommodate the proposed addition, rather than 0.6m.
Moved by Mr. S. Hannah
Seconded by Mr. B. McColl
That the application of DOUGLAS and KRISTINE EPP requesting permission to construct an
addition in the rear yard of an existing single detached dwelling having an easterly side yard
setback of 0.5m rather than the required 1.2m, on Lot 231, Subdivision of Lot 17, German
Company Tract, 10 Martin Street, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application 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
AUGUST 18. 2020 -93- CITY OF KITCHENER
C�*N*1 1Tr_r1 Ti10re=_VziYQiaiX1ff[4 1iiiC
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
4. Submission No.: A 2020-033
Applicant: Milestone Developments Inc.
Property Location: 210 Rivertrail Avenue
Legal Description: Lot 118, Registered Plan 58M-605
Appearances:
In Support: P. Haramis
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single detached
dwelling having a westerly side yard setback of 0.82m rather than the required 1.2m.
The Committee considered Development Services Department report DSD -20-089 dated August
10, 2020 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with this application.
Mr. P. Haramis was in attendance in support of the subject application and staff recommendation.
Moved by Mr. B. McColl
Seconded by Mr. M. Kidd
That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct
a single detached dwelling having a westerly side yard setback of 0.82m rather than the required
1.2m, on Lot 118, Registered Plan 58M-605, 210 Rivertrail Avenue, Kitchener, Ontario, BE
APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Carried
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020
-94- CITY OF KITCHENER
5. Submission No.:
A 2020-034
Applicants:
Wesley Dyck and Shirley Grove
Property Location:
25 Shanley Street
Legal Description:
Part Lot 404, Plan 376
Appearances:
In Support:
W. Dyck
Contra:
None
Written Submissions: None
The Committee was advised the applicants are requesting permission to construct an accessory
building in the rear yard of an existing single detached dwelling and for the accessory building to
have a maximum height of the underside of the facia of 4.8m rather than a maximum height of 3m.
The Committee considered Development Services Department report DSD -20-085 dated July 17,
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
April 17, 2020 advising they have no concerns with this application.
Mr. W. Dyck was in attendance in support of the subject application and staff recommendation,
including the conditions proposed this date.
Ms. J. Meader questioned if the laneway leading to the garage would accommodate a vehicle
and if a bedroom or plumbing was proposed for the accessory building. Mr. Dyck stated the
laneway is 15 feet and will be sufficient to accommodate a vehicle. He noted the upper level of
the garage is proposed to be workout/storage space and is not intended for living space. He
indicated it is his preference to have plumbing installed at the accessary structure to allow for an
outside tap and small shop sink.
In response to questions, Ms. J. von Westerholt stated a bedroom is not currently permitted in
an accessory structure, noting that is currently under review in the Comprehensive Review of
the Zoning By-law (CroZby). In response to questions regarding the tree preservation plan, she
noted an arborist will assess the health of the tree and make recommendations for the space
surrounding the tree and what would be permitted depending upon the health of the tree.
Moved by Ms. J. Meader
Seconded by Mr. B. McColl
That the application of WESLEY DYCK and SHIRLEY GROVE and requesting permission to
construct an accessory building in the rear yard of an existing single detached dwelling, the
accessory building to have a maximum height of the underside of the facia of 4.8m rather than
the maximum permitted height of 3m, on Part Lot 404, Plan 376, 25 Shanley Street, Kitchener,
Ontario, BE APPROVED, subject to the following conditions:
1. That the owners shall ensure the elevations submitted as part of the building permit be
generally in accordance with the elevations attached to Development Services
Department report DSD -20-085 Appendix 'A', particularly the roof pitch and design, to the
satisfaction of the Director of Planning.
2. That in light of the treed nature of the property and the proximity of trees in shared
ownership, the owners shall prepare a Tree Preservation Plan for the lands in accordance
with the City's Tree Management Policy, to be approved by the City's Director of Planning
and where necessary, implemented prior to any grading, tree removal or the issuance of
building permits. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, building elevation drawings, landscaped area and
vegetation to be removed and/or preserved. The owners shall further agree to implement
the approved plan. No changes to the said plan shall be granted except with the prior
approval of the City's Director of Planning.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -95- CITY OF KITCHENER
5. Submission No.: A 2020-034 (Cont'd)
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Carried
6. Submission No.: A 2020-035
Applicants: Tim Fink and Heather Hayes
Property Location: 371 Biehn Drive
Legal Description: Lot 116, Registered Plan 1640
Appearances:
In Support: T. Fink
H. Hayes
Contra: None
Written Submissions: None
The Committee was advised the applicants are requesting permission to construct an addition on
the existing garage of a single detached dwelling having a side yard setback of 2.5m abutting
Spencer Court rather than the required 4.5m.
The Committee considered Development Services Department report DSD -20-086 dated August
11, 2020 recommending approval of the subject application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with this application.
Mr. T. Fink and Ms. H. Hayes were in attendance in support of the subject application and staff
recommendation. Mr. Fink acknowledged the proposed amendment outlined in the staff report
and stated they have no concerns this date.
Moved by Mr. S. Hannah
Seconded by Mr. M. Kidd
That the application of HEATHER HAYES and TIMOTHY FINK requesting permission to
construct a workshop addition on the existing garage of a single detached dwelling having a side
yard setback of 2.5m abutting Spencer Court rather than the required 4.5m, on Lot 116,
Registered Plan 1640, 371 Biehn Drive, Kitchener, Ontario, BE APPROVED, subject to the
following conditions:
1. That the owners shall ensure the workshop addition will not be constructed with a garage
door.
2. That the owners shall not widen the existing driveway in front of the addition
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -96- CITY OF KITCHENER
6. Submission No.: A 2020-035 (Cont'd)
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Carried
Submission No.:
A 2020-036
Applicant:
Freedom in Christ Church
Property Location:
1643 Bleams Road
Legal Description:
Part Lot 140, German Company Tract
Appearances:
In Support:
S. Code
Contra:
None
Written Submissions: None
The Committee was advised the applicant is requesting permission for relief from the required
Holding Provision (24HSR), which does not allow a building permit to be issued prior to municipal
services being available on site, to allow construction of a pavilion having 2 washrooms and
associated covered picnic area without providing full municipal services. The site currently contains
septic and well services.
The Committee considered Development Services Department report DSD -20-087 dated July 8,
2020 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with this application.
Ms. S. Code was in attendance in support of the subject application and staff recommendation.
In response to questions, she stated the owner is still working through the design process related
to the building elevations. She referred to the site plan submitted with the application, noting the
proposed structure is intended to have four walls which would allow a concession area for
storage of snacks and beverages with an adjoining open space for picnic tables. She confirmed
there are no plans for a full kitchen.
Moved by Mr. S. Hannah
Seconded by Ms. J. Meader
That the application of FREEDOM IN CHRIST CHURCH requesting permission for relief from
the required Holding Provision (24HSR), which does not allow a building permit to be issued
prior to municipal services being available on site, to allow construction of a pavilion having 2
washrooms and associated covered picnic area without providing full municipal services, on Part
Lot 140, German Company Tract, 1643 Bleams Road, 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.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18. 2020 -97- CITY OF KITCHENER
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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
8. Submission No.: A 2020-037
Applicant: Christopher Balsdon
Property Location: 886 Strasburg Road
Legal Description: Lot 357, Plan 1416
Appearances:
In Support: C. Balsdon
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to convert the garage into living
space on an existing duplex having the 2 required off-street parking spaces located 2m from the
property line rather than the required 6m; and, having a driveway width of 8m rather than the
permitted maximum 7.5m.
The Committee considered Development Services Department report DSD -20-088 dated August
10, 2020 recommending approval of the subject application including a proposed amendment.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with this application.
Mr. C. Balsdon was in attendance in support of the subject application and staff recommendation.
Mr. S. Hannah requested, and it was agreed, that a condition be added to the Committee's
decision this date requiring the owner to apply for a building permit prior to February 18, 2021.
Moved by Mr. S. Hannah
Seconded by Ms. J. Meader
That the application of CHRISTOPHER BALSDON requesting permission to convert the garage
into living space on an existing duplex having both required off-street parking spaces located 2m
from the property line rather than the required 6m; and, having a driveway width of 8m rather
than the permitted maximum 7.5m, on Lot 357, Plan 1416, 886 Strasburg Road, Kitchener,
Ontario, BE APPROVED, subject to the following condition:
1. That the owner shall apply for a Building Permit for the garage conversion prior to
February 18, 2021, to the satisfaction of the Chief Building Official.
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
AUGUST 18. 2020 -98- CITY OF KITCHENER
%*�*n *T i1r_r1 Me, LlrowwwZiY4iaiX1/LNMiC
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
9. Submission No.: A 2020-038
Applicant: Milestone Developments Inc.
Property Location: 121 Grand Flats Trail
Legal Description: Lot 75, Registered Plan 58M-605
Appearances:
In Support: P. Haramis
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a single detached
dwelling having a westerly side yard setback of 1.25m rather than the required 1.5m.
The Committee considered Development Services Department report DSD -20-089-1 dated August
12, 2020 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with this application.
Mr. P. Haramis was in attendance in support of the subject application and staff recommendation.
Moved by Mr. M. Kidd
Seconded by Ms. J. Meader
That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct
a single detached dwelling having a westerly side yard setback of 1.25m rather than the required
1.5m, on Lot 75, Registered Plan 58M-605, 121 Grand Flats Trail, Kitchener, Ontario, BE
APPROVED.
It is the opinion of this Committee that:
1. The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Carried
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 _99- CITY OF KITCHENER
10. Submission No.: A 2020-039
Applicants: Maria Rivera and Marcos Kuan
Property Location: 52 Helena Feasby Street
Legal Description: Lot 35, Registered Plan 58M-408
Appearances:
In Support: C. Rivera
Contra: None
Written Submissions: G. Tan
The Committee was advised the applicants are requesting permission to construct an addition in
the rear yard of an existing single detached dwelling having a rear yard setback of 5.55m rather
than the required 7.5m.
The Committee considered Development Services Department report DSD -20-090 dated August
12, 2020 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with this application.
The Committee also considered written comments submitted by Mr. G. Tan dated August 11, 2020,
requesting that the adjoining public pathway not be obstructed with materials or construction waste
during the proposed construction.
Ms. C. Rivera was in attendance in support of the subject application and staff recommendation.
Mr. S. Hannah requested, and it was agreed, that the Committee's decision this date would state
that the proposed addition be limited to 1 -storey in height.
Ms. J. Meader requested, and it was agreed, that the Committee's decision this date include a
condition to state approval of the application shall be generally in accordance to the plan
submitted with the application.
Mr. B. McColl noted the comments from the neighbouring property owner and requested the
applicant maintain access to the adjacent walkway throughout the construction process.
Moved by Mr. S. Hannah
Seconded by Mr. B. McColl
That the application of MARIA RIVERA and MARCOS KUAN requesting permission to construct
a 1 -storey kitchen addition in the rear yard of an existing single detached dwelling having a rear
yard setback of 5.55m rather than the required 7.5m, on Lot 35, Registered Plan 58M-408, 52
Helena Feasby Street, Kitchener, Ontario, BE APPROVED, subject to the following condition:
1. That approval of Minor Variance application A 2020-039 shall be in general 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.
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
AUGUST 18. 2020 _100- CITY OF KITCHENER
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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
11. Submission No.:
A 2020-040
Applicant:
Linda Li
Property Location:
251 Margaret Avenue
Legal Description:
Part Lot 6, Plan 373
Appearances:
In Support:
L. Li
Contra:
None
Written Submissions: None
The Committee was advised the applicant is requesting permission to convert a single detached
dwelling into a duplex having a southerly side yard abutting Guelph Street of 2.86m rather than the
required 4.5m; a lot width of 11.4m rather than the required 15m; having the required off-street
parking space located 3.5m from the property line rather than the required 6m; having 2 off-street
parking spaces at the rear of the dwelling located partially within the side yard whereas the By-law
does not permit parking within a side yard; and, having the driveway located 2.68m within the
Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the
DVT. The existing carport is intended to be removed.
The Committee considered Development Services Department report DSD -20-091 dated August
12, 2020 recommending approval of the subject application including proposed amendments.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with this application.
Ms. L. Li was in attendance in support of the subject application and staff recommendation,
stating she was in agreement with amending her application. In response to questions, she
advised the dwelling is yet to be converted to a single detached dwelling. She indicated the
existing rear yard addition existed prior to her purchasing the property.
Mr. D. Seller confirmed staff have no concerns with the existing driveway being located within
the DVT.
Moved by Mr. B. McColl
Seconded by Mr. M. Kidd
That the application of LINDA LI requesting permission to convert a single detached dwelling
into a duplex having both required off-street parking spaces located 3.5m from the property line
rather than having a minimum 1 -off -streeting parking space setback 6m from the streetline; and,
having a parking space located 1.76m within the 4.5m Driveway Visibility Triangle (DVT)
whereas the By-law does not permit encroachments into the DVT, on Part Lot 6, Plan 373, 251
Margaret Avenue, 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.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18. 2020 - 101 - CITY OF KITCHENER
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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
12. Submission No.:
A 2020-041
Applicants:
Terry and Rebecca Brown
Property Location:
56 Wilhelm Street
Legal Description:
Part Lot 15, Plan 328
Appearances:
In Support:
B. White
Contra:
None
Written Submissions: None
The Committee was advised the applicants are requesting permission to construct an addition in
the rear yard of an existing single detached dwelling having a side yard abutting Heft Street of
1.39m rather than the required 4.5m; to permit parking to be located within 6m of the property line
whereas the By-law does not permit parking within the 6m setback; to legalize an existing driveway
to be located 4.5m from the intersection of Heft Avenue and Wilhelm Street rather than the required
9m; and, to legalize an existing driveway located 3m within the 7.5m Corner Visibility Triangle
(CVT), whereas the By-law does not allow encroachment into the CVT.
The Committee considered Development Services Department report DSD -20-092 dated July 17,
2020 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with this application.
Mr. B. White was in attendance in support of the subject application and staff recommendation.
Moved by Mr. B. McColl
Seconded by Mr. S. Hannah
That the application of TERRY and REBECCA BROWN requesting permission to construct an
addition in the rear yard of an existing single detached dwelling having a side yard abutting Hett
Street of 1.39m rather than the required 4.5m; to permit parking to be located within 6m of the
property line whereas the By-law does not permit parking within the 6m setback; to legalize an
existing driveway to be located 4.5m from the intersection of Hett Avenue and Wilhelm Street
rather than the required 9m; and, to legalize an existing driveway located 3m within the 7.5m
Corner Visibility Triangle (CVT), whereas the By-law does not allow encroachment into the CVT,
on Part Lot 15, Plan 328, 56 Wilhelm 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.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18. 2020 -102- CITY OF KITCHENER
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Pursuant
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
13. Submission No.: A 2020-044
Applicant: Candace Van Dalen
Property Location: 50 West Avenue
Legal Description: Lot 26 & Part Lot 27, German Company Tract
Appearances:
In Support: C. Van Dalen
Contra: None
Written Submissions: None
The Committee was advised the applicant is requesting permission to construct a second storey
addition on an existing single detached dwelling having an easterly side yard setback of 0.8m rather
than the required 1.2m.
The Committee considered Development Services Department report DSD -20-093 dated August
4, 2020 recommending approval of this application.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with this application.
The Committee considered the report of the Grand River Conservation Authority (GRCA) dated
April 24, 2020, advising although they have no objection to this application, they noted a portion of
the subject property contains floodplain associated with Henry Strum Creek. They further advised
due to the presence of floodplain, any development within the regulated area will require prior
written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06,
adding no new development is permitted within the floodplain.
Ms. C. Van Dalen was in attendance in support of the subject application and staff
recommendation.
The Chair requested, and it was agreed, that a condition be added to the Committee's approval
this date requiring payment of the GRCA review fee.
Moved by Mr. B. McColl
Seconded by Mr. M. Kidd
That the application of CANDACE VAN DALEN requesting permission to construct a second
storey addition on an existing single detached dwelling having an easterly side yard setback of
0.8m rather than the required 1.2m, on Lot 26 & Part Lot 27, German Company Tract, 50 West
Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition:
1. That the owner shall make satisfactory financial arrangements with the Grand River
Conservation Authority (GRCA) for the application review fee.
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
AUGUST 18, 2020 -103- CITY OF KITCHENER
13. Submission No.: A 2020-044 (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. kitchener. ca
Carried
CONSENT APPLICATION
1. Submission No.: B 2020-024
Applicants: Michell Courtney and Alexandra Oliveira
Property Location: 124 Walker Street
Legal Description: Part Lots 105 to 107, Plan 308
Appearances:
In Support: M. Courtney
Contra: None
Written Submissions: M. Mumcuoglu
The Committee was advised the applicants are requesting permission to sever a parcel of land so
each half of a semi-detached residential dwelling can be dealt with separately. The severed land
will have a width of 8.68m, a depth of 31.09m and an area of 270 sq. m. The retained land will have
a width of 8.68m, a depth of 31.09m and an area of 270 sq. m.
The Committee considered Development Services Department report DSD -20-094 dated August
6, 2020, recommending approval of this application, subject to the conditions outlined in the Report.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services dated July 14, 2020, advising they have no objection to this application subject
to the following condition:
1. That prior to final approval, the owner/applicant submit the Regional consent review fee of
$350.00 per new lot created.
The Committee also considered written comments from M. Mumcuoglu dated August 12, 2020, in
opposition of the subject application. She stated her concerns are due to: an increase in noise and
lights from the subject property; decrease of her privacy; and, inappropriate design for the
neighbourhood.
The Chair acknowledged the Region of Waterloo's comments regarding their consent review fee.
Mr. M. Courtney was in attendance in support of the subject application and staff recommendation.
Ms. M. Mumcuoglu was in attendance in opposition of the subject application. She expressed
concerns with: the size of the proposed dwelling; loss of privacy; and, potential issues related to
parking.
In response to questions, Mr. Courtney stated the proposed semi-detached dwelling is intended to
be 2 stories in height similar to other properties in the vicinity. He addressed concerns related to
issues of privacy, noting there is an existing fence between his property and the neighbour. He
further advised the plans have already been submitted to the Building Department and permits are
ready to be issued.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -104- CITY OF KITCHENER
Submission No.: B 2020-024 (Cont'd)
Questions were raised regarding the Zoning on the subject property. Ms. J. von Westerholt
confirmed the property is zoned for semi-detached dwellings and the proposed severance complies
with all regulations. She stated the applicant would have been permitted to construct the semi-
detached dwelling without the requested Consent application.
Ms. J. Meader noted the development phase can be challenging for area residents. She stated if
the applicant did not wish to sever the property, he would be permitted to construct semi-detached
dwelling without the requested consent application.
Mr. S. Hannah requested, and it was agreed, that a condition be added to the Committee's decision
this date requiring a condition related to demolition of the existing house.
Moved by Ms. J. Meader
Seconded by Mr. S. Hannah
That the application of ALEXANDRA OLIVEIRA and MITCHELL COURTNEY requesting
permission to sever a parcel of land having a width of 8.68m, a depth of 31.09m and an area of
270 sq.m., on Part Lots 105 to 107, Plan 308, 124 Walker 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 ensure the dimensions and shapes of the proposed lots be in general
conformity with those shown on the Sketch for Severance Application provided with the
application, to the satisfaction of the City's Director of Planning.
4. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park
dedication equal to 5% of the value of the lands to be severed.
5. That the owner shall enter into an agreement with the City of Kitchener to be prepared by
the City Solicitor and registered on title of the severed and retained lands which shall
include the following:
That prior to any grading, servicing or the application or issuance of a building
permit, the owner shall submit a plan, prepared by a qualified consultant, to the
satisfaction and approval of the City's Director of Planning showing:
(i) the proposed location of all buildings (including accessory buildings and
structures), decks and driveways;
(ii) the location of any existing buildings or structures to be removed or
relocated;
(iii) the proposed grades and drainage;
(iv) the location of all trees to be preserved, removed or potentially impacted on
or adjacent to the subject lands, including notations of their size, species
and condition;
(v) justification for any trees to be removed;
(vi) outline tree protection measures for trees to be preserved;
(vii) building elevation drawings;
(viii) that the approved elevation drawings shall be implemented as approved or
be substantively similar to the approved elevations as part of issuance of
the building permit.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -105- CITY OF KITCHENER
1. Submission No.: B 2020-024 (Cont'd)
b. Any alteration or improvement to the lands including grading, servicing, tree
removal and the application or issuance of any building permits shall be in
compliance with the approved plan. Any changes or revisions to the plan require
the approval of the City's Director of Planning.
6. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the severed
and retained lands.
7. That the owner shall prepare a servicing plan showing outlets to the municipal servicing
system to the satisfaction of Engineering Services.
8. That the owner shall demolish the existing house to the satisfaction of the Chief Building
Official.
9. That the owner shall submit the consent review fee of $350.00 per new lot created to the
Region of Waterloo.
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. kitchener. ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee
shall lapse two years from the date of approval, being August 18, 2022.
COMBINED APPLICATIONS:
Carried
1. Submission Nos.: B 2020-020 and A 2020-042
Applicant: Crescent Homes
Property Location: 948 Chapel Hill Court
Legal Description: Lot 13, Registered Plan 58M-630
- and -
Submission Nos.: B 2020-021
Applicant: Crescent Homes
Property Location: 944 Chapel Hill Court
Legal Description: Lot 12, Registered Plan 58M-630
95STe!
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -106- CITY OF KITCHENER
1. Submission Nos.: B 2020-020 to B 2020-023 & A 2020-042 (Cont'd)
Submission Nos.: B 2020-022 and B 2020-023
Applicants: Percy Blake Hill and Cailin Mildred Hill
Property Location: 17 Stafford Lane
Legal Description: Lot 17, Plan 1392
Appearances:
In Support: L. Vacondio
Contra: None
Written Submissions: None
Regarding B 2020-020 and A 2020-042, the Committee was advised the applicants are requesting
permission to sever a parcel of land identified as 'Part 1' on the plan submitted with the application
at the rear of 948 Chapel Hill Court having a width of 24.8m and a depth of 3.2m to be conveyed
as a lot addition to the property municipally addressed as 17 Stafford Lane. A minor variance is
also being requested for 948 Chapel Hill Court to permit construction of a single detached dwelling
having a rear yard setback of 6m rather than the required 7.5m.
Regarding B 2020-021, the Committee was advised the applicants are requesting permission to
sever a triangular parcel of land identified as 'Part 2' on the plan submitted with the application at
the rear of 944 Chapel Hill Court having a width of 9.2m to be conveyed as a lot addition to the
property municipally addressed as 17 Stafford Lane.
Regarding B 2020-022, the Committee was advised the applicants are requesting permission to
sever a triangular parcel of land identified as 'Part 3' on the plan submitted with the application at
the rear of 17 Stafford Lane having a width of 2.3m to be conveyed as a lot addition to the property
municipally addressed as 944 Chapel Hill Court.
Regarding B 2020-023, the Committee was advised the applicants are requesting permission to
sever a triangular parcel of land identified as 'Part 4' on the plan submitted with the application at
the rear of 17 Stafford Lane having a width of 22.5m and an easterly depth of 5.8m to be conveyed
as a lot addition to the property municipally addressed as 940 Chapel Hill Court.
The Committee considered Development Services Department report DSD -20-095 dated August
10, 2020, recommending approval of these applications, subject to the conditions outlined in the
Report.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services dated July 14, 2020, advising they have no objection to applications B 2020-
020 to B 2020-023.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with application A 2020-042.
The Committee considered the report of the Grand River Conservation Authority (GRCA) dated
April 24, 2020, advising although they have no objection to these applications, they noted a portion
of the property at 17 Stafford Lane contains the regulated allowance associated with the Strasburg
Creek Wetland Complex, adding the proposed severance will result in a small portion of the
property at 940 Chapel Hill Court falling within the GRCA's regulated area. They further advised
due to the presence of wetland on adjacent lands, any future development within the regulated
area on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation
150/06.
Ms. L. Vancondio was in attendance in support of the subject applications and staff
recommendations.
The Chair requested, and it was agreed, that a condition be added to the Committee's approval
this date requiring payment of the GRCA review fee.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -107- CITY OF KITCHENER
1. Submission Nos.: B 2020-020 to B 2020-023 & A 2020-042 (Cont'd)
Mr. S. Hannah requested, and it was agreed, that the standard conditions be included in the
Committee's decision this date to address the proposed severance being a one-time consent
approval.
Submission No.: B 2020-020
Moved by Mr. S. Hannah
Seconded by Mr. M. Kidd
That the application of CRESCENT HOMES requesting permission to sever a parcel of land
identified as 'Part 1' on the plan submitted with the application at the rear of 948 Chapel Hill
Court having a width of 24.8m and a depth of 3.2m to be conveyed as a lot addition to the
property municipally addressed as 17 Stafford Lane, on Lot 13, Registered Plan 58M-630, 948
Chapel Hill Court, 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 submit draft transfer documents to the satisfaction of the City
Solicitor.
4. That the owner shall ensure the lands to be severed be added to the abutting lands and title
be taken into identical ownership as the abutting lands. The deed for endorsement shall
include that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application
Consolidation Parcels immediately following the registration of the Severance Deed and
prior to any new applicable mortgages, and to provide a copy of the registered Application
Consolidation Parcels to the City Solicitor within a reasonable time following registration.
6. That Minor Variance Application A 2020-042 for 948 Chapel Hill Court requesting relief of
a rear yard setback of 6.0 metres rather than the required 7.5 metres is approved.
7. That the owner shall submit the Regional consent review fee of $350.00 to the Region of
Waterloo.
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. kitchener. ca
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -108- CITY OF KITCHENER
1. Submission Nos.: B 2020-020 to B 2020-023 & A 2020-042 (Cont'd)
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 August 18, 2022.
Carried
Submission No.: B 2020-021
Moved by Mr. S. Hannah
Seconded by Mr. M. Kidd
That the application of CRESCENT HOMES requesting permission to sever a triangular parcel
of land identified as 'Part 2' on the plan submitted with the application at the rear of 944 Chapel
Hill Court having a width of 9.2m to be conveyed as a lot addition to the property municipally
addressed as 17 Stafford Lane, on Lot 12, Registered Plan 58M-630, 944 Chapel Hill Court,
Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are
no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall ensure the lands to be severed be added to the abutting lands and title
be taken into identical ownership as the abutting lands. The deed for endorsement shall
include that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application
Consolidation Parcels immediately following the registration of the Severance Deed and
prior to any new applicable mortgages, and to provide a copy of the registered Application
Consolidation Parcels to the City Solicitor within a reasonable time following registration.
5. That the owner shall submit draft transfer documents to the satisfaction of the City
Solicitor.
6. That owner shall submit the Regional consent review fee of $350.00 to the Region of
Waterloo.
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. kitchener. ca
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 _109- CITY OF KITCHENER
1. Submission Nos.: B 2020-020 to B 2020-023 & A 2020-042 (Cont'd)
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 August 18, 2022.
Carried
Submission No.: B 2020-022
Moved by Mr. S. Hannah
Seconded by Mr. M. Kidd
That the application of PERCY BLAKE HILL and CAILIN MILDRED HILL requesting permission
to sever a triangular parcel of land identified as 'Part 3' on the plan submitted with the application
at the rear of 17 Stafford Lane having a width of 2.3m to be conveyed as a lot addition to the
property municipally addressed as 944 Chapel Hill Court, on Lot 17, Plan 1392, 17 Stafford
Lane, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are
no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall ensure the lands to be severed be added to the abutting lands and title
be taken into identical ownership as the abutting lands. The deed for endorsement shall
include that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application
Consolidation Parcels immediately following the registration of the Severance Deed and
prior to any new applicable mortgages, and to provide a copy of the registered Application
Consolidation Parcels to the City Solicitor within a reasonable time following registration.
5. That the owner shall submit draft transfer documents to the satisfaction of the City
Solicitor.
6. That the owner shall make satisfactory financial arrangements with the Grand River
Conservation Authority (GRCA) for the applicant plan review fee.
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. kitchener. ca
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 _110- CITY OF KITCHENER
1. Submission Nos.: B 2020-020 to B 2020-023 & A 2020-042 (Cont'd)
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 August 18, 2022.
Carried
Submission No.: B 2020-023
Moved by Mr. S. Hannah
Seconded by Mr. M. Kidd
That the application of PERCY BLAKE HILL and CAILIN MILDRED HILL requesting permission
to sever a triangular parcel of land identified as 'Part 4' on the plan submitted with the application
at the rear of 17 Stafford Lane having a width of 22.5m and an easterly depth of 5.8m to be
conveyed as a lot addition to the property municipally addressed as 940 Chapel Hill Court, on
Lot 17, Plan 1392, 17 Stafford Lane, Kitchener, Ontario, BE APPROVED, subject to the following
conditions:
1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are
no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall ensure the lands to be severed be added to the abutting lands and title
be taken into identical ownership as the abutting lands. The deed for endorsement shall
include that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application
Consolidation Parcels immediately following the registration of the Severance Deed and
prior to any new applicable mortgages, and to provide a copy of the registered Application
Consolidation Parcels to the City Solicitor within a reasonable time following registration.
5. That the owner shall submit draft transfer documents to the satisfaction of the City
Solicitor.
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. kitchener. ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -111 - CITY OF KITCHENER
1. Submission Nos.: B 2020-020 to B 2020-023 & A 2020-042 (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 August 18, 2022.
Carried
Submission No.: A 2020-042
Moved by
Seconded by
That the application of CRESCENT HOMES requesting permission for 948 Chapel Hill Court to
permit construction of a single detached dwelling having a rear yard setback of 6m rather than
the required 7.5m, on Lot 13, Registered Plan 58M-630, 948 Chapel Hill 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. kitchener. ca
Carried
2. Submission Nos.: B 2020-025 and A 2020-043
Applicant: Vladan and Mira Knezevic
Property Location: 285 Connaught Street
Legal Description: Part Block F, Registered Plan 254
Appearances:
In Support: V. Knezevic
Contra: R. L. Lankin
Written Submissions: Neighbourhood Petition
V. Knezevic
The Committee was advised the applicant is requesting permission to sever a parcel of land at the
rear of the subject property having a width of 15.24m, a depth of 16.655m, and an area of 253
sq. m. to be conveyed as a lot addition to the adjacent property municipally addressed as 153 Fifth
Avenue. The retained lot will have a width on Connaught Street of 16.459m, a depth of 24.994m
and an area of 413 sq.m. Permission is also being requested for a minor variance for the existing
single detached dwelling to have a rear yard setback of 5.97m rather than the required 7.5m.
The Committee considered Development Services Department report DSD -20-096 (amended)
dated July 23, 2020, recommending approval of this application, subject to the conditions outlined
in the Report. It was noted the original staff report had a clerical error referencing the property
address as 50 Roos Street. The report was amended and reflect the 285 Connaught Street.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services dated July 14, 2020, advising they have no objection to application B 2020-
025.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18. 2020 -112- CITY OF KITCHENER
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The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
April 17, 2020 advising they have no concerns with application A 2020-042.
The Chair acknowledged a neighbourhood petition was submitted for the Committee's
consideration this date. Mr. B. McColl stated a petition of this size has caused him to question
whether the application should be deferred to allow the applicant time to connect with the
neighbourhood on his intentions related to the subject property. He commented if the Committee
was considering a deferral, he suggested possibly two months to allow for a discussion with the
neighbourhood.
Mr. V. Knezevic was in attendance in support of the subject applications and staff
recommendations. He noted he had reviewed the neighbourhood petition and had submitted
additional comments for the Committee's consideration this date. He expressed concerns with the
petition, noting the photos included are not of the subject property and concerns raised are not
relevant to the subject application. He stated the proposed lot addition in his opinion, improves the
situation by making two full-sized lots. He indicated anything constructed on the property fronting
onto Fifth Avenue will comply with the Zoning By-law. Mr. Knezevic further advised he has
renovated other properties within the neighbourhood that were previously neglected and during
those renovations has maintained the dwellings as single detached dwellings rather than duplexing
them.
Several members spoke in support of the subject application, stating in their opinion the lot addition
would improve the size and shape of the lots, making them more compatible with the size of other
lots in the vicinity. The Chair stated in his opinion the concerns outlined in the petition were not
relevant to the subject application.
Ms. J. von Westerholt requested, and it was agreed, that the standard conditions be included in the
Committee's decision this date to address the proposed severance being a one-time consent
approval.
Mr. Knezevic requested clarification for Condition 4 of the staff report from the Building Department
regarding a qualified designer being retained to complete a building code assessment. He stated it
was his understanding, after speaking with the Building Department, that he would only be required
to measure the distance between the windows to confirm spatial separation of existing buildings.
In response to questions, Ms. von Westerholt advised it would be her preference to leave Condition
4 as requested.
Mr. Knezevic stated the staff report noted a requirement to obtain a building permit to remove the
detached garage however, there is no detached garage.
Ms. J. Meader stated the Committee approved the creation of the lot on Fifth Avenue in 2018. She
stated in her opinion, the proposed severance was an improvement to what was previously
approved.
Submission No.: B 2020-025
Moved by Mr. S. Hannah
Seconded by Ms. J. Meader
That the application of MIRA KNEZEVIC and VLADAN KNEZEVIC requesting permission to
sever a parcel of land at the rear of the subject property having a width of 15.24m, a depth of
16.655m, and an area of 253 sq.m. to be conveyed as a lot addition to the adjacent property
municipally addressed as 153 Fifth Avenue, on Part Block F, Plan 254, 285 Connaught 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.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18. 2020 -113- CITY OF KITCHENER
2. Submission Nos.: B 2020-025 & A 2020-043 (Cont'd)
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 enter into an agreement with the City of Kitchener, to be prepared
by the City Solicitor and registered on title to the Severed Lands, which shall include the
same covenants and provisions as registered Agreement Instrument No. WR1155377.
4. That the owner shall ensure the lands to be severed be added to the abutting lands and title
be taken into identical ownership as the abutting lands. The deed for endorsement shall
include that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application
Consolidation Parcels immediately following the registration of the Severance Deed and
prior to any new applicable mortgages, and to provide a copy of the registered Application
Consolidation Parcels to the City Solicitor within a reasonable time following registration.
6. That the owner shall retain a qualified designer to complete a building code assessment
as it relates to the new proposed property line and any of the building adjacent to this new
property line shall addresses such items as: Spatial separation of existing buildings' wall
face to the satisfaction of the Chief Building Official. Closing in of openings may be
required, pending spatial separation calculation results. A building permit shall be
obtained for any remedial work/ upgrades that may be required by the building code
assessment.
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. kitchener. ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee
shall lapse two years from the date of approval, being August 18, 2022.
Carried
Submission No.: A 2020-043
Moved by Mr. S. Hannah
Seconded by Ms. J. Meader
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -114- CITY OF KITCHENER
2. Submission Nos.: B 2020-025 & A 2020-043 (Cont'd)
That the application of VLADAN and MIRA KNEZEVIC requesting permission for the existing
single detached dwelling to have a rear yard setback of 5.97m rather than the required 7.5m, on
Part Block F, Registered Plan 254, 285 Connaught Street, Kitchener, Ontario, BE APPROVED.
It is the opinion of this Committee that:
The variance requested in this application is minor.
2. This application is desirable for the appropriate development of the property.
3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan
is being maintained on the subject property.
Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered
and taken into account as part of the Committee's decision-making process with respect to the
subject application. For more information please review the meeting minutes, which are available
on the City's website at www. kitchener. ca
Carried
CHANGE OF CONDITIONS APPLICATIONS:
Submission Nos.: CC 2020-001
Applicant: Governing Council of the Salvation Army in Canada
Property Location: 75 Tillsley Drive
Legal Description: Blocks 128 & 129, Plan 1819
Appearances:
In Support: K. Barisdale
J. Vos
Contra: None
Written Submissions: None
The Committee was advised the applicants are requesting permission to change the conditions of
Provisional Consent application B 2019-011, granted by the Committee of Adjustment on April 16,
2019 specifically as follows:
modify Condition 3 to state: "That the owner shall enter into a registered agreement on title
that the severed lands will be added to the abutting lands described as Block 129,
Registered Plan 1819, and that title be taken in the identical ownership as the abutting lands
upon the future sale of the retained parcel. The registered agreement shall include the
clause that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1190, c. P. 13 as amended".
remove Condition 4 in its entirety
The Committee considered Development Services Department report DSD -20-097 dated August
6, 2020 recommending approval of this application subject to the conditions outlined in the Report.
The Committee considered the report of the Region of Waterloo, Planning, Development and
Legislative Services dated July 14, 2020, advising they have no objection to this application.
Ms. K. Barisdale and Mr. J. Vos were in attendance in support of the subject applications and staff
recommendations.
Moved by Mr. B. McColl
Seconded by Mr. M. Kidd
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18, 2020 -115- CITY OF KITCHENER
Submission Nos.: CC 2020-0001 (Cont'd)
That the application of GOVERNING COUNCIL OF THE SALVATION ARMY IN CANADA
requesting permission to modify Condition 3 and remove Condition 4 of Provisional Consent
decision B 2019-011 granted by the Committee of Adjustment on April 16, 2019, which currently
prohibits the applicants' ability to obtain their Certificate of Consent, on Blocks 128 & 129, Plan
1819, 75 Tillsley Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
That the owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property(ies) to the satisfaction of the City's
Revenue Division.
2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
3. That the owner shall enter into an Agreement with the City of Kitchener, to be prepared
by the City Solicitor, to the satisfaction of the City Solicitor and Director of Planning, and
registered on title to the "Severed Lands" (being Part 1 and Part 2 on Reference Plan
58R-20691) and Block 129, Plan 1819, to provide the following:
That title to the Severed Lands and Block 129, Plan 1819 shall at all times be
maintained in identical ownership and said lands shall be treated as one lot or
parcel with respect to the Planning Act and neither of the Severed Lands or Block
129, Plan 1819, shall be separately conveyed, or otherwise dealt with, without the
prior consent of the City of Kitchener, with the criteria for granting or withholding
such consent to be the applicable considerations to be applied if a consent for
severance was applied for under the Planning Act, as if section 50 (3) and /or
section 50 (5) of that statute applied to such conveyance or dealing; and
That the Transfer/Deed to effect the severance contemplated herein (being a
transfer of Part 3, Part 4 and Part 5 on Reference Plan 58R-20691) shall be
approved as to form and content by the City Solicitor and the owner's solicitor shall
provide an Undertaking to the City Solicitor to register the approved form of
Transfer and thereafter provide a copy of the registered Transfer to the City
Solicitor.
4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application
Consolidation Parcels immediately following the registration of the Severance Deed and
prior to any new applicable mortgages, and to provide a copy of the registered Application
Consolidation Parcels to the City Solicitor within a reasonable time following registration.
In the event that the approved form of Transfer and/or Agreement registered pursuant to
Condition 3 of this Decision renders the Application to Consolidate redundant, the
requirement for the solicitor's Undertaking may be waived and this Condition cleared by
and at the discretion of the City Solicitor
5. That the owner shall submit a complete Site Plan Application to revise the existing Site
Plan and associated Section 41 Development Agreement for the church on the recipient
parcel, to the satisfaction of the City's Manager of Site Development and Customer
Service, or otherwise receive an exemption from this requirement from said Manager.
This Site Plan application shall involve, at minimum, the removal of the retained lands
from the plan, but may include revisions to the building, parking, or loading, etc. related
to the church.
6. That the owner shall make financial arrangements, to the satisfaction of the City's
Engineering Services, for the installation of all new service connections (i.e., sanitary,
storm, and water) to the severed lands and, if necessary, also to the retained lands.
7. That the owner shall prepare a servicing plan showing outlets to the municipal servicing
system, to the satisfaction of Engineering Services.
COMMITTEE OF ADJUSTMENT MINUTES
AUGUST 18. 2020 -116- CITY OF KITCHENER
1. Submission Nos.: CC 2020-0001 (Cont'd)
8. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD
format) for the site (e.g., servicing, stormwater management, etc.) with corresponding
layer names and asset information, to the satisfaction of the City's Engineering Services.
9. That the owner shall make request of, and obtain approval, from the appropriate authority
to remove any existing 0.3 metre reserves along the frontage of Erinbrook Drive from the
retained lands.
10. That the owner shall submit an Archaeological Assessment report to the Ministry of
Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the
acceptance letter and assessment report to the Region of Waterloo's Planning,
Development and Legislative Services Department.
11. That the owner shall submit an Environmental Noise Study to the satisfaction of the
Region of Waterloo and if necessary, based on the recommendations of the study, enter
into a Registered Development Agreement with the Region of Waterloo to implement the
recommendations of the study.
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. kitchener. ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -
noted conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee
shall lapse two years from the date of approval, being August 18, 2022.
Carried
ADJOURNMENT
On motion, the meeting adjourned at 11:06 a.m.
Dated at the City of Kitchener this 18th day of August, 2020.
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment