HomeMy WebLinkAboutDSD-20-146 - B 2020-034 to B 2020-036 - 956, 958, 960 & 962 Glasgow StStaff Report
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Development Services Department wwwkitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 15, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Brian Bateman, Senior Planner — 519-741-2200 ext. 7869
WARD: 7
DATE OF REPORT: September 15, 2020
REPORT NUMBER: DSD -20-146
SUBJECT: Application B2020-034, 035 and 036
956 — 962 Glasgow Street
Applicant — P. Chauvin, MHBC
Approve with Conditions
6
Subject Properties
Staff Report
Development Services Department
Report:
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wwwkitchener.ca
This is an existing 4 -unit condominium townhouse development located on the east side of
Glasgow Street near the intersection of University Avenue and Glasgow Street. The lands are
legally described as Lot 1, Registered Plan 58M-3 and the existing townhouse dwelling was site
plan approved with a Site Plan Agreement registered on title on February 23, 1996 as Instrument
Number LT0000764. The townhouse dwelling also forms part of standard condominium (Waterloo
Standard Condominium Plan No. 262) that was registered in July 1997.
Photo of 954 to 962 Glasgow
The existing unit owners of the condominium wish to terminate the condominium in accordance
with Section 122 of the Condominium Act. One of the pre -conditions to terminate the
condominium, is to obtain consent approval from the approval authority. Therefore, the purpose
of this application is to sever the existing condominium units into individual freehold lots in order
to facilitate the termination of the condominium. It should be noted that the addresses shown on
Onpoint are incorrectly shown and are properly reflected in the Recommendation section of this
report.
Staff Report
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Development Services Department
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The proposed consent plan is illustrated below. The plan is to sever three lots and retain one lot.
All four townhouse lots will generally coincide with the current unit boundaries of the condominium
with the exception of Unit 4, which will include the triangular-shaped portion of the existing
common element. This area will form part of the exterior side yard of Unit 4.
To facilitate the creation of these lots, easements are necessary. These include: 1. a three (3)
foot (0.9 metre) wide maintenance (lawnmower) easement for Units 2 and 3 over Unit 4; and 2.
easements for sanitary and storm servicing over Unit 4 in favour of Units 2 and 3, as illustrated
on the Consent Sketch prepared by MHBC.
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Development Services Department
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Planning Comments:
The subject properties are designated as Low Rise Residential in the City's Official Plan and
zoned Residential Six (R-6) in the Zoning By-law 85-1.
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to
the PPS, Growth Plan and City's Official Plan and will allow for the continuation of orderly
development in an alternate form of tenure that is deemed appropriate and acceptable. The lands
front onto a public street and each dwelling unit has separate water services. Moreover,
easements being proposed are necessary to ensure rear yard access to internal units is provided
for maintenance purposes, and to legalize and maintain existing storm and sanitary servicing
rights over adjacent unit lands.
Based on the foregoing, Planning staff recommends that Consent Applications B2020-034, 035
and 036 requesting to sever the existing property into three lots together with easements BE
APPROVED, subject to the conditions outlined in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Comments:
Given that a concrete sidewalk currently travels the entire width of the retained and severed
portions, no funds for future sidewalk will be required. Transportation Services does not have any
other concerns with the proposed application.
Heritage Comments:
Heritage Planning Staff has reviewed the application and has no concerns
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. Alternately,
the existing sanitary and storm sewers and services can be accommodated with an
easement to the necessary units/new lots.
The owner may be required to make satisfactory financial arrangements with the
Engineering Division for the installation of new services or any City infrastructure that may
be required to service these properties, all prior to severance approval. Our records
indicate municipal water services are available for the proposed properties. Any further
enquiries in this regard should be directed to Katie Wood (519-741-2200 ext. 7135). *this
is not required if the developer does not intend to change anything within the right-
of-way
Any new driveways are to be built to City of Kitchener standards. All works is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
Staff Report
Development Services Department
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• A servicing plan showing outlets to the municipal servicing system and any internal
servicing (existing or proposed) on the property will be required to the satisfaction of the
Engineering Division prior to severance approval.
• Please provide a reference plan showing the location of a 6m wide easement for the
sanitary sewer proposed and confirm that it matches the approved servicing plan for the
development. Please note that the easement width must be a minimum of twice the depth
of the sewer and centered on the pipe. This easement must also extend over Unit 2, 3
and 4. This must be adjusted from the drawings provided. This document must be
reviewed and approved by Engineering. Any further enquiries in this regard should be
directed to Katie Wood (519-741-2200 ext. 7135).
• The storm easement proposed must extend over Units 2, 3 and 4 for an overland flow
route. This easement will also be for the storm sewer and CB located on Unit 4. Please
provide a grading plan showing the overland flow route proposed.
• The reference plan must be registered on title to the individual properties in favour of the
neighbouring ones for the purposes of a sanitary sewer outlet, the storm water overland
flow route and storm sewer outlet. This easement would be for maintenance, repair and
access.
• A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM
etc.) with corresponding layer names and asset information to the satisfaction of the
Engineering Division prior to severance approval.). *this is not required if the developer
does not intend to add any City assets within the right-of-way
Operations Comments:
A cash -in -lieu of park land dedication will be required on the severed parcel as new development
lots will be created. The cash -in -lieu dedication required is $10,032.60.
Park Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage (21.81 m) at a land value of $9,200 per frontage metre.
Environmental Planning Comments:
Clauses 6 b -d of the Section 41 Site Plan Agreement registered on title as Legal Instrument 00764
requires the existing trees and landscaping to be maintained for the life of the development. This
legal obligation should carry on through title to all of the 4 severed AND retained parcels. The
trees and landscaping to be maintained are shown on the Landscaping and Tree Management
Plan (Ecoplans Limited, approved by City 17 April 1996) available at City Hall.
RECOMMENDATION:
That Applications B2020-034, B2020-035 and B2020-036 proposing to create three lots and
retain one lot measuring:
1. B 2020-034 - 962 Glasgow Street (Severed Parcel 1)
Width - 17.74m
Depth - 45.19m
Area - 734 sq.m.
2. B 2020-035 — 960 Glasgow Street (Severed Parcel 2)
Width - 9.48m
Staff Report
Development Services Department
Depth - 44.62m
Area - 423 sq.m.
3. B 2020-036 - 958 Glasgow Street (Severed Parcel 3)
Width - 9.45m
Depth - 44.16m
Area - 420 sq.m.
4. Retained Land - 956 Glasgow Street (Corner Lot)
Width 54.51
Depth - 38.66m
Area - 1,292 sq.m.
wwwkitchener. c a
along with easements in favour of 958 and 960 Glasgow Street over 956 Glasgow Street
for access, storm and sanitary servicing purposes, as shown on the Consent Plan
prepared by MHBC dated August 10, 2020, BE APPROVED, subject to the following
conditions:
1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation)
format, as well as two full sized paper copies of the plan(s). The digital file needs to
be submitted according to the City of Kitchener's Digital Submission Standards to the
satisfaction of the City's Mapping Technologist.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject properties to the satisfaction of the
City's Revenue Division.
3. That the Owners shall make satisfactory arrangements to de -register Waterloo
Standard Condominium Plan 262 to the satisfaction of the Land Registry Office and
Director of Planning in consultation with the City's Solicitor.
4. That the Owner provides a draft reference plan showing the requested specific
easements, as well as a description of the purpose of the easements, rights,
privileges being granted, for registration, to the satisfaction of the City's Director of
Planning, City's Director of Engineering Services, and City Solicitor.
5. 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. 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
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Development Services Department wwwkitchener.ca
City.
c. a satisfactory Solicitor's Undertaking to register the approved Transfer
Easements and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
6. That the Owner provides a servicing/grading plan showing outlet to the municipal
servicing system to the satisfaction of the Director of Engineering Services for the
severed and retained lands.
7. That the Owner submits a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together
with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system
to the satisfaction of the Director of Engineering Services for the severed and
retained lands.
8. That the Owner pays to the City cash -in -lieu of Parkland Dedication in the amount
of $10,032.60 or to the satisfaction of the Director of Parks and Cemeteries.
9. That the Owner agrees to maintain the Site Plan Agreement registered on title as
Legal Instrument LT00764, and that said Agreement shall remain for the life of the
development or to the satisfaction of the City Solicitor in consultation with the
Directors of Planning and Engineering and/or other City divisions or agencies as
appropriate.
-41-44k __
Brian Bateman, MCIP, RPP
Senior Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
Senior Planner
N14*4r
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N213 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reglonofwate rloo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/20 KIT
August 28, 2020
Re: Comments for Consent Applications B2020-027 to 62020-
038 and CC2020-002 to C2020-003
Committee of Adjustment Hearing September 15, 2020
CITY OF KITCHENER
B2020-027 and B2020-028
11 Chicopee Park Court
Dharmanand and Basmatie Anghad
The owner/applicant is proposing a severance to create three residential lots. The
application was previously brought forward as B2018-119 and B2018-120.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Environmental Noise:
Regional Staff note that the subject property is in close proximity to both Fairway Road
and River Road. As a result, the owner/applicant is required to enter into an agreement
with the Region of Waterloo to include the following noise warning clause in all Offers of
Purchase and Sale, lease/rental agreements and condominium declarations for all
dwellings on the severed and retained lands:
Purchasers/tenants are advised that sound levels due to increasing road traffic
from Fairway Road and River Road may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the sound
Document Number: 3387664 Version: 1
level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of
the Environment Conservation & Parks (MECP).
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) The owner/applicant is required to enter into an agreement with the Region of
Waterloo to include the following noise warning clause be included in all Offers of
Purchase and Sale, lease/rental agreements and condominium declarations for
all dwellings on the severed and retained lands:
Purchasers/tenants are advised that sound levels due to increasing road
traffic from Fairway Road and River Road may occasionally interfere with
some activities of the dwelling occupants as the sound levels may exceed
the sound level limits of the Regional Municipality of Waterloo (RMOW)
and the Ministry of the Environment Conservation & Parks (MECP).
B2020-029
442 Old Chicopee Trail
Ewa Munch and John Brodrecht
The owner/applicant is proposing to demolish the existing dwelling and sever the
existing oversized irregular lot into two separate buildable residential lots.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Archaeological Assessment:
Regional Staff acknowledge that although the subject lands at 442 Old Chicopee
Trail was excluded from the archaeological assessments completed for the surrounding
developments, the majority of this parcel has been disturbed, and will not
require archaeological assessment. However, the owner/applicant should be aware
that a registered archaeological site is in very close proximity to the subject lands. Due
to the proximity of registered archaeological resources the owner/applicant should be
aware that:
• If archaeological resources are discovered during future development or
site alteration of the subject property, the owner/applicant will need to
immediately cease alteration/development and contact the Ministry of
Heritage, Sport, Tourism and Culture Industries. If it is determined that
additional investigation and reporting of the archaeological resources is
Document Number: 3387664 Version: 1
needed, a licensed archaeologist will be required to conduct this field work
in compliance with S. 48(a) of the Ontario Heritage Act; and/or,
• If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to
immediately cease alteration and must contact the proper authorities
(police or coroner) and the Registrar at the Bereavement Authority of
Ontario in Compliance with the Funeral, Burial and Cremation Services
Act, 2002 S. 96 and associated Regulations.
Environmental Noise:
The owner/applicant is advised that the subject lands are located within the Zoned
Regulated Area of the Region of Waterloo International Airport, specifically the Outer
Limit. As such, the dwelling occupants will be subject to presence and noise from flying
aircraft. These lands will be subject to provisions of the Airport Zoning regulations.
Regional Staff note that the subject lands are also located approximately 185 metres of
Fairway Road North (RR#53) and may be impacted by transportation noise. As a result,
the owner/applicant must enter into an agreement with the Region of Waterloo to
include the following noise mitigation and warning clauses in all Offers of Purchase and
Sale, lease/rental agreements for all dwellings on the severed lands:
"Purchasers/tenants are advised that sound levels due to increasing road traffic
from Fairway Road (RR #53) may occasionally interfere with some activities of
the dwelling occupants as the sound levels may exceed the sound level limits of
the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
The owner/applicant must enter into an agreement with the Region of Waterloo to
include the following noise mitigation and warning clauses in all Offers of Purchase and
Sale, lease/rental agreements for all dwellings on the retained lands:
"Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations."
Document Number: 3387664 Version: 1
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) The owner/applicant must enter into an agreement with the Region of Waterloo
to include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements for all dwellings on the severed
lands:
"Purchasers/tenants are advised that sound levels due to increasing road
traffic from Fairway Road (RR #53) may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and
the Ministry of the Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
3) The owner/applicant must enter into an agreement with the Region of Waterloo
to include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements for all dwellings on the retained
lands:
"Purchasers/tenants are advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
regulations."
:YKIYUKIKII
58 Barbara Crescrent
Dragan Vujovic
The owner/applicant is proposing a severance to create a new residential lot.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Document Number: 3387664 Version: 1
Environmental Noise:
Regional Staff note the subject lands are located in close proximity of Conestoga
Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the
owner/applicant must enter into an agreement with the City of Kitchener to include the
following noise mitigation and warning clauses in all Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed and retained lands:
a) The dwelling will be installed with air ducted heating and ventilation suitable sized
and designed for provision of central air conditioning system.
b) The following Noise Warning Clauses will be included all Purchase/Sale and
Rental agreement:
"Purchasers/tenants are advised that sound levels due to increasing road
traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with
some activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOM and the
Ministry of the Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that "This unit has been designed with the
provision of adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and medium
density developments will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound level limits
of the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) The owner/applicant must enter into an agreement with the City of Kitchener to
include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements for all dwellings on the severed and
retained lands:
a. The dwelling will be installed with air ducted heating and ventilation
suitable sized and designed for provision of central air conditioning
system.
b. The following Noise Warning Clauses will be included all Purchase/Sale
and Rental agreement:
Document Number: 3387664 Version: 1
"Purchasers/tenants are advised that sound levels due to
increasing road traffic from Conestoga Parkway (Highway 7/8) may
occasionally interfere with some activities of the dwelling occupants
as the sound levels may exceed the sound level limits of the
Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that "This unit has been designed
with the provision of adding central air conditioning at the occupant'
s discretion. Installation of central air conditioning by the occupant
in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Regional
Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
B2020-031
500 Karn Street
Cailin Pele
The owner/applicant is proposing to remove the existing dwelling and garage and sever
the lot into two separate buildable lots. This application was previously circulated as
B2019-009 and lapsed before all conditions were fulfilled.
Regional Fee:
Regional Staff confirm receipt of the required consent review fee.
The Region has no objection to the proposed application.
B2020-032
160 Strange Street
Richard and Erin Griesbaum
The owner/applicant is proposing a severance to create two buildable residential lots.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Archaeological Assessment:
Regional Staff acknowledge that the subject lands at 160 Strange Street has been
disturbed, and will not require archaeological assessment. However, the
owner/applicant should be aware that:
• If archaeological resources are discovered during future development or site
alteration of the subject property, the owner/applicant will need to immediately
Document Number: 3387664 Version: 1
cease alteration/development and contact the Ministry of Heritage,
Sport, Tourism and Culture Industries. If it is determined that additional
investigation and reporting of the archaeological resources is needed, a
licensed archaeologist will be required to conduct this field work in
compliance with S. 48(a) of the Ontario Heritage Act; and/or,
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner)
and the Registrar at the Bereavement Authority of Ontario in Compliance with
the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
Environmental Noise:
Regional Staff note that the subject lands are approximately 137 metres from the CN
Railway mainline and may be impacted by transportation noise in the vicinity. As a
result, the owner/applicant must enter into an agreement with the City of Kitchener to
include the following noise mitigation and warning clauses in all Offers of Purchase and
Sale, lease/rental agreements for all dwellings on the severed and retained lands:
a) The dwelling will be installed with air ducted heating and ventilation suitable sized
and designed for provision of central air conditioning system.
b) The following Noise Warning Clauses will be included all Purchase/Sale and
Rental agreement:
i. "Purchasers/tenants are advised that sound levels due to increasing
transportation noise in the vicinity may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and the
Ministry of the Environment Conservation & Parks (MECP)."
"Purchasers/tenants are advised that "This unit has been designed with the
provision of adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and medium
density developments will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound level limits
of the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
iii. "Warning: Canadian National Railway Company or its assigns or successors
in interest has or have a rights-of-way within 300 metres from the land the
subject thereof. There may be alterations to or expansions of the railway
facilities on such rights-of-way in the future including the possibility that the
railway or its assigns or successors as aforesaid may expand its operations,
which expansion may affect the living environment of the residents in the
Document Number: 3387664 Version: 1
vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s). CNR
will not be responsible for any complaints or claims arising from use of such
facilities and/or operations on, over or under the aforesaid rights-of-way."
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) The owner/applicant must enter into an agreement with the City of Kitchener to
include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements for all dwellings on the severed and
retained lands:
a. The dwelling will be installed with air ducted heating and ventilation
suitable sized and designed for provision of central air conditioning
system.
b. The following Noise Warning Clauses will be included all Purchase/Sale
and Rental agreement:
"Purchasers/tenants are advised that sound levels due to
increasing transportation noise in the vicinity may occasionally
interfere with some activities of the dwelling occupants as the
sound levels may exceed the sound level limits of the Regional
Municipality of Waterloo (RMOM and the Ministry of the
Environment Conservation & Parks (MECP)."
ii. "Purchasers/tenants are advised that "This unit has been designed
with the provision of adding central air conditioning at the occupant'
s discretion. Installation of central air conditioning by the occupant
in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Regional
Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP)."
iii. "Warning: Canadian National Railway Company or its assigns or
successors in interest has or have a rights-of-way within 300
metres from the land the subject thereof. There may be alterations
to or expansions of the railway facilities on such rights-of-way in the
future including the possibility that the railway or its assigns or
successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the
Document Number: 3387664 Version: 1
vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and
individual dwelling(s). CNR will not be responsible for any
complaints or claims arising from use of such facilities and/or
operations on, over or under the aforesaid rights-of-way."
4 Westgate Walk
Graham and Sandra Dare
The owner/applicant is proposing a lot line adjustment to create a new lot.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
B2020-034 to B2020-036
956-962 Glasgow Street
MHBC c/o Pierre Chauvin
The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse
dwelling that is part of a standard condominium registered in July 1997. The existing
owners of the condo wish to terminate the condo in accordance with Section 122 of the
Condo Act. The purpose of the application is to sever the existing condo units into
individual conveyable lots to terminate the condominium. No new development is
proposed.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Environmental Noise:
The subject lands are located approximately 90 metres from University Avenue West
(RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts
from traffic noise on these streets.
Regional Staff acknowledge that there is no new proposed development. However,
Regional Staff will require the owner/applicant to enter into an agreement with the
Region of Waterloo to include the following noise warning clauses in all Offers of
Document Number: 3387664 Version: 1
Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed
severed and retained lands:
"Purchasers/tenants are advised that sound levels due to increasing road traffic
on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may
occasionally interfere with some activities of the dwelling occupants as the sound
levels may exceed the sound level limits of the Regional Municipality of Waterloo
(RMOW) and the Ministry of the Environment Conservation & Parks (MECP)."
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) That the owner/applicant enter into a registered development agreement with the
Region of Waterloo for all dwellings on the severed and retained lands to include
the following warning clause in all agreements of Offers of Purchase and Sale,
lease/rental agreements:
"Purchasers/tenants are advised that sound levels due to increasing road
traffic on University Avenue West (RR #57) and Fischer -Hallman Road
(RR #58) may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the
Regional Municipality of Waterloo (RMO M and the Ministry of the
Environment Conservation & Parks (MECP)."
:]KIN11KIkFl
1541 Highland Road West
Mandur Enterprises Inc.
The owner/applicant is proposing a sanitary easement for the adjacent property 1557
Highland Road West.
Regional Staff have no objections to the proposed application.
B2020-038
31 Wilfong Drive
Elaine Wilfong
The subject lands were merged in title upon death of spouse. The owner/applicant is
proposing to sever the land to sell the property.
Document Number: 3387664 Version: 1
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
CC2020-002 and CC2020-003
32 Forwell Road
Gatekey Aggregates
The owner/applicant is proposing a Change of Conditions for consent applications
B2019-074 and B2019-075. The original applications were to sever two parcels of land
from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88
Centennial Road. The Change of Condition application relate to the City of Kitchener
Condition No.8 from the January 2020 decision related to a Record of Site Condition
(RSC) for the parkland dedication. Given the timeframes for completing an RSC, the
owner/applicant is proposing a `cash -in -lieu' of parkland dedication.
Regional Staff have no objections to the proposed application.
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff reports,
decisions and minutes pertaining to each of the consent applications noted above. Should
you require Regional Staff to be in attendance at the meeting or have any questions,
please do not hesitate to contact the undersigned.
Yours truly,
r
Matthew Colley,
Planner
Document Number: 3387664 Version: 1
September 3, 2020
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Holly Dyson, Administrative Clerk Via email only
Legislated Services, City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Dyson,
Re: September 15, 2020 Committee of Adjustment Meeting
Applications for Minor Variance
As a reminder, the attached letter from Nancy Davy, Director of Resource Management was
circulated to municipalities to indicate that GRCA staff do not have the capacity to review all
minor variance applications at this time. If the City would like to request the review of a specific
application, please contact the undersigned. Otherwise, minor variance circulations received by
GRCA will not be reviewed at this time and comments will not be issued.
Applications for Consent
B 2020-026
225 Fairway Road South
B 2020-027
11 Chicopee Park Court
B 2020-028
11 Chicopee Park Court
B 2020-029
442 Old Chicopee Trail
B 2020-030
58 Barbara Crescent
B 2020-031
500 Karn Street
B 2020-032
160 Strange Street
B 2020-033
4 Westgate Walk
B 2020-034 to B
2020-036 956. 958, 960, 962 Glasgow Street
B 2020-037
1541 Highland Road West
The above -noted consent applications are located outside the Grand River Conservation
Authority areas of interest. As such, we will not undertake a review of the applications and plan
review fees will not be required. If you have any questions or require additional information,
please contact me at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca.
Sincerely,
—-K
erreman,
Andrew HCPT
Resource Planning Technician
Grand River Conservation Authority
`These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River