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HomeMy WebLinkAboutCA - 2020-09-15COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 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. G. Stevenson, Senior Planner Mr. A. Pinnell, Senior Planner Mr. S. Ryder, Traffic Planning Analyst Mr. E. Schnider, Planner Ms. D. Saunderson, Secretary -Treasurer Ms. S. Goldrup, Committee Administrator Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the regular minutes of the Committee of Adjustment meeting held August 18, 2020, as circulated to the members, be accepted. Carried NEW BUSINESS: MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2020-045 Applicant: 536357 Ontario Limited Property Location: 1283 Victoria Street North Legal Description: Part Lot 122, German Company Tract Appearances: In Support: D. Gillingham Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert an existing commercial building into a retail cannabis store in a C-6 Zone, whereas the By-law does not permit a retail use in a C-6 Zone; to legalize the existing side yard setback of 1.89m rather than the required 3m; and, to permit a 0.5m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. The Committee considered Development Services Department report DSD -20-109 dated September 3, 2020 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. D. Gillingham was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Mr. M. Kidd COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -118- CITY OF KITCHENER Submission No.: A 2020-045 (Cont'd) That the application of 536357 ONTARIO LIMITED requesting permission to convert an existing commercial building into a retail use in a C-6 Zone, whereas the By-law does not permit a retail use in a C-6 Zone; to legalize the existing side yard setback of 1.51 m rather than the required 3m; and, to permit a 0.5m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Part Lot 122, German Company Tract, 1283 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall ensure Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That the owner shall obtain Zoning (Occupancy) Certificates from the Planning Division to establish the Retail use on the property. 3. That the owner shall complete the above noted Conditions 1 and 2 prior to July 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 2. Submission No.: A 2020-046 Applicant: Ruby Reid Property Location: 221 Vanier Drive Legal Description: Lot 1, Plan 942 Appearances: In Support: R. Reid S. Head Contra: S. Gatzke Written Submissions: J. Ulmer & C. Miehm J. Brackett The Committee was advised the applicant is requesting permission to legalize an existing triplex in an R-3 Residential Zone, whereas the By-law does not permit a triplex in an R-3 Zone. The Committee considered Development Services Department report DSD -20-110 dated September 3, 2020 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. The Chair acknowledged the written submissions in opposition to the subject application COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15.2020 _119- CITY OF KITCHENER PJ N •Ti117-7 Me, Llre�wvziY�igot, 11.1F14,1C Mr. S. Head and Ms. R. Reid were in attendance in support of the subject application and staff recommendation. Mr. Head advised the triplex currently exists, noting it has been confirmed that there are 6 -off street parking spaces on-site and the property owner intends to provide further updates to the landscaping. Ms. S. Gatzke was in attendance in opposition of the subject application. She stated in her opinion the subject property has been operating illegally as a triplex for two years, noting concerns with setting a precedence if the Committee approves the subject application. She expressed further concerns with the increased density on the subject property related to increased noise and nuisances. In response to questions, Ms. J. von Westerholt advised the subject application supports recent Provincial legislation encouraging intensification in developed areas. She stated she was not aware this date whether the property had already been converted to a triplex. She further advised the property owner made a request to convert the property and staff have reviewed the application and have no objections. Questions were raised regarding necessary building permits. Mr. Head noted the property owner applied for all the necessary building permits prior to undertaking the triplex conversion. In response to questions, Ms. von Westerholt stated it was her understanding a building permit would be still be required, referencing the comments provided by the Building Department in Report DSD -20-110. Mr. M. Kidd stated in reviewing the building permit data on the City's website, it shows two permits previously applied for, one referencing a basement duplex unit, the other for the construction of an addition. Mr. S. Hannah stated it would be his preference to include an additional condition in the Committee's decision this date requiring the property owner to apply for a building permit to the satisfaction of the Chief Building Official. Questions were raised regarding the overall site function and whether staff had reviewed the Zoning for the subject property. Ms. von Westerholt advised as the property is intended to be converted into a triplex it would be subject to Site Plan control, which would address matters such as parking and landscaping. She further advised the change of Use would also address the requirement to obtain a Zoning Certificate. Ms. J. Meader stated in her opinion any requirements related to site function could be addressed through Site Plan control, and concerns raised by the neighbour regarding the nuisances on site could be addressed through the By-law. She further advised she agreed with the staff recommendation, including the requested conditions. Mr. Hannah requested, and it was agreed, that an additional condition be included in the Committee's decision this date requiring the applicant to apply for a building permit to the satisfaction of the Chief Building Official. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of RUBY REID requesting permission to legalize an existing triplex in an R-3 Residential Zone, whereas the By-law does not permit a triplex in an R-3 Zone, on Lot 1, Plan 942, 221 Vanier Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division to establish the Multiple Dwelling use on the property. 2. That the owner shall ensure Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -120- CITY OF KITCHENER 2. Submission No.: A 2020-046 (Cont'd) 3. That the owner shall complete the above noted Conditions 1 and 2 prior to July 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. 4. That the owner shall apply for a building permit for the triplex conversion to the satisfaction of the Chief Building Official It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 3. Submission No.: A 2020-047 Applicant: Dustin Griesdorf Property Location: 6 Pequegnat Avenue Legal Description: Part Lot 26, Plan 111, being Part 1 on Reference Plan 58R-20341 Appearances: In Support: Z. Box Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for the existing single detached dwelling to have the required parking space located within the garage to be 3.04m wide by 5.1m length rather than the required 3.04m wide by 5.49m length. The Committee considered Development Services Department report DSD -20-111 dated September 3, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. Z. Box 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 DUSTIN GRIESDORF requesting permission for an existing single detached dwelling having the required parking space located within the garage to be 3.04m wide by 5.1m length rather than the required 3.04m wide by 5.49m length, on Part Lot 26, Plan 111, being Part 1 on Reference Plan 58R-20341, 6 Pequegnat 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 SEPTEMBER 15, 2020 - 121 - CITY OF KITCHENER 3. Submission No.: A 2020-047 (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 4. Submission No.: A 2020-048 Applicant: Trez MR Holdings (Ontario) Ltd. Property Location: 581 Strasburg Road Legal Description: Block N, Plan 1335 Appearances: In Support: V. Schmidt Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for an existing multi -residential development containing 35 -units to have balconies that are supported by the ground and extend 1.4m into the required 6m side yard setback, whereas the By-law does not permit encroachments into the side yard setback. The proposed setback for the proposed balconies is 4.6m. The Committee considered Development Services Department report DSD -20-112 dated September 8, 2020 recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Ms. V. Schmidt was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of TREZ MR HOLDINGS (Ontario Ltd) requesting permission to for an existing multi -residential development to have balconies that are supported by the ground to extend 1.4m into the required 6m side yard setback (proposed setback for the balconies being 4.6m), whereas the By-law does not permit encroachments into the side yard setback, on Block N, Plan 1335, 581 Strasburg Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a revision to Site Plan Application SP19/093/S/LT to address the proposed balconies, to the satisfaction of the City's Manager of Site Development and Customer Service. 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 SEPTEMBER 15.2020 -122- CITY OF KITCHENER ��1•T511�r•Ti1�t:7i�_��iY�iaiLl;:�NZ.7iiiC Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 5. Submission No.: A 2020-049 Applicants: Robert and Janice Deutschmann Property Location: 26 Sixth Avenue Legal Description: Part Block G, Plan 254 Appearances: In Support: J. Deutschmann Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to convert a single detached dwelling into a duplex having 1 required off-street parking space to have a width of 2.44m rather than the required 2.6m. The Committee considered Development Services Department report DSD -20-113 dated September 3, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Ms. J. Deutschmann 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 JANICE and ROBERT DEUTSCHMANN requesting permission to convert a single detached dwelling into a duplex having 1 required off-street parking space to have a width of 2.44m rather than the required 2.6m, on Part Block G, Plan 254, 26 Sixth 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 6. Submission No.: A 2020-050 Applicants: Liviu and Stephanie Cananau Property Location: 598, 604 & 608 Victoria Street South Legal Description: Part Lot 23, Plan 402 and Part Lot 7, Plan 793 COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -123- CITY OF KITCHENER 6. Submission No.: A 2020-050 (Cont'd) Appearances: In Support: D. Rosu Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a 24 -unit stacked townhouse development having a front yard setback of 4.5m ratherthan the required 7.7m; having a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted FSR of 0.6; and, a parking rate of 1.15 parking spaces/per-unit (28 off-street parking spaces) rather than the required 1.75 parking spaces/per-unit (42 off-street parking spaces). The Committee considered Development Services Department report DSD -20-114 dated September 3, 2020 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. D. Rosu was in attendance in support of the subject application and staff recommendation. Questions were raised regarding whether an additional condition should be included in the Committee's decision this date requiring the applicant to provide a parking justification report. Mr. S. Ryder advised although that is a matter typically addressed prior to the Committee's considering a minor variance application, he noted in this instance the application aligns with the parking requirements of the new Zoning By-law 2019-051, adding staff are in support of what the applicants are proposing. He further advised the applicants have already been working with the City on the parking justification report. Ms. J. von Westerholt indicated due to the response provided by Transportation Planning, she did not see the need to impose an additional condition. In response to questions, Mr. Rosu advised they have not yet submitted a site plan application. He stated they intend to make an application in the coming weeks, noting he would not apply for a building permit until they have Site Plan Approval in Principle. Mr. S. Hannah expressed concerns with the Committee's considering a minor variance application prior to the applicants obtaining site plan approval, noting that process could possibly identify additional variances that may be required. Ms. von Westerholt stated the applicants were advised of the risk in proceeding with a minor variance application prior to completing site plan approval. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of LIVIU and STEPHANIE CANANAU requesting permission to construct a 24 -unit stacked townhouse development having a front yard setback of 4.5m rather than the required 7.7m; having a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted FSR of 0.6; and, a parking rate of 1.15 parking spaces/per-unit (28 off-street parking spaces) rather than the required 1.75 parking spaces/per-unit (42 off-street parking spaces), on Part Lot 23, Plan 402 and Part Lot 7, Plan 793, 598, 604 and 608 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall ensure Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That the owners shall complete the above noted Condition 1 prior to October 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -124- CITY OF KITCHENER 6. Submission No.: A 2020-050 (Cont'd) 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 Submission No.: A 2020-051 Applicants: Troy and Arnie Huber Property Location: 14 Tweedsmuir Court Legal Description: Lot 32, Plan 1576 Appearances: In Support: T. Huber Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a garage in the rear yard of an existing single detached dwelling, the proposed garage will have a height of 7.9m rather than the maximum permitted 5.5m; and, the underside of the fascia will have a height of 3.8m rather than the maximum permitted 3m. The Committee considered Development Services Department report DSD -20-109-1 dated September 3, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. T. Huber was in attendance in support of the subject application and staff recommendation. In response to questions, Mr. Huber advised he is a tradesman and was constructing the garage to store his work trailer. He further advised he is not operating his business out of his residence. Moved by Mr. M. Kidd Seconded by Ms. J. Meader That the application of TROY and AMIE HUBER requesting permission to construct an accessory structure in the rear yard of an existing single detached dwelling, the accessory structure having a height of 7.87m rather than the maximum permitted 5.5m; and, the underside of the fascia having a height of 3.8m rather than the maximum permitted 3m, on Lot 32, Plan 1576, 14 Tweedsmuir Court, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15.2020 -125- CITY OF KITCHENER 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 2020-052 Applicant: Activa Holdings Property Location: 261 Woodbine Avenue Legal Description: Block 1, Registered Plan 58M-647 Appearances: In Support: P. Chauvin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an 86 -unit stacked townhouse development having a building height of 11.3m rather than the maximum permitted 10.5m; having a vertical distance from the lowest finished grade of 120% rather than the maximum permitted 110%; and, to allow the required off-street parking not designated for visitor use to be located within the front fapade of the building and the front lot line whereas the By-law does not permit the required off-street parking to be in front of the building fapade. The Committee considered Development Services Department report DSD -20-116 dated September 3, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. P. Chauvin was in attendance in support of the subject application and staff recommendation. In response to questions, he advised the site plan demonstrates 4 off-street parking spaces in the front yard. He stated adjustments have already been made to the site plan and there are now 9 off-street parking spaces in the front yard. Mr. Chauvin indicated the variance was not impacted as the request is simply to located parking between the front fapade and the lot line. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of ACTIVA CONSTRUCTION INC. requesting permission to construct an 86 - unit stacked townhouse development having a building height of 11.3m rather than the maximum permitted 10.5m; having a vertical distance from the lowest finished grade of 120% rather than the maximum permitted 110%; and, to allow the required off-street parking not designated for visitor use to be located within the front fapade of the building and the front lot line whereas the By-law does not permit the required off-street parking to be in front of the building fapade, on Block 1, Registered Plan 58M-647, 261 Woodbine 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 SEPTEMBER 15.2020 -126- CITY OF KITCHENER 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 2020-053 Applicant: 80 McGee Avenue (Kitchener) Ltd. Property Location: 80 McGee Avenue Legal Description: Part Block E & Block F, Plan 1202 Appearances: In Support: P. Chauvin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 3 -storey multi - residential development containing 34 -units having 1.18 off-street parking spaces/per-unit rather than the required 1.75 off-street parking spaces/per-unit; having 10% declared visitor parking rather than the required 15%; and, no exclusive patio area on the ground floor whereas the By-law requires an exclusive ground floor patio area. The current use of the building is multi -residential containing 19 -units with ground floor commercial space. The Committee considered Development Services Department report DSD -20-117 dated August 28, 2020 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. P. Chauvin was in attendance in support of the subject application and staff recommendation. In response to questions, Mr. Chauvin advised the comment in the staff report related to Floor Space Ratio and density likely speaks to the Official Plan and the density targets for the number of units per hectare. He indicated the subject area has a density target of 100 units per hectare. Moved by Mr. S. Hannah Seconded by Ms. J. Meader That the application of 80 MCGEE AVENUE (KITCHENER) LTD requesting permission to construct a 3 -storey multi -residential development containing 34 -units having 1.18 off-street parking spaces/per-unit rather than the required 1.75 off-street parking spaces/per-unit; having 10% declared visitor parking rather than the required 15%; and, no exclusive patio area on the ground floor whereas the By-law requires an exclusive ground floor patio area, on Part Block E & Block F, Plan 1202, 80 McGee Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain approval of a site plan application to the satisfaction of the City's Manager of Site Development and Customer Service. 2. That the owner shall implement Transportation Demand Management (TDM) Measure 131 - Provide 5 bicycle spaces (indoor) beyond the minimum required. 3. That the owner shall implement Transportation Demand Management (TDM) Measure B7 - Charge for parking as a separate cost to occupants. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -127- CITY OF KITCHENER 9. Submission No.: A 2020-053 (Cont'd) 4. That the owner shall provide a copy of the completed Transportation Demand Management (TDM) Checklist to the satisfaction of the City's Director of Transportation Services. 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 10. Submission No.: A 2020-054 Applicants: Dave and Heidi Riggs Property Location: 115 Parkvale Drive Legal Description: Lot 153, Registered Plan 58M-426 Appearances: In Support: J. Prior Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct an uncovered, unenclosed deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.5m rather than the required 4m. The Committee considered Development Services Department report DSD -20-118 dated September 8, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Ms. J. Prior was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of DAVID and HEIDI RIGGS requesting permission to construct an uncovered, unenclosed deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.5m rather than the required 4m, on Lot 153, Registered Plan 58M-426, 115 Parkvale Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -128- CITY OF KITCHENER 10. Submission No.: A 2020-054 (Cont'd) 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 2020-055 Applicant: 2706997 Ontario Inc. Property Location: 61 Irvin Street Legal Description: Part Lot 5 and Lot 6, Plan 148 and Part Lot 6, Plan 364 Appearances: In Support: R. Briggs R. Turner Contra: None Written Submissions: C. Conrad The Committee was advised the applicant is requesting permission to convert a duplex into a triplex on a lot having a width of 12.9m rather than the required 15m; having a southerly side yard setback of 0.71 m rather than the required 1.2m; a front yard setback of 4.28m rather than the required 4.5m; to permit 1 required parking space to have a width of 2.48m rather than the required width of 2.6m; to permit 2 required off-street parking spaces to be located between the front fapade whereas the By-law does not permit parking between the front fapade and the street line; and, to permit 2 required off-street parking spaces located in the front yard to have a length of 4.28m rather than the required length of 5.49m. The Committee considered Development Services Department report DSD -20-119 dated September 3, 2020 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Messrs. R. Briggs and R. Turner were in attendance in support of the subject application and staff recommendation. Questions were raised regarding imposing an additional condition in the Committee's decision this date requiring the applicant to apply for a building permit. Mr. Briggs advised immediately following the receipt of the Committee's decision he intends to apply for a building permit. Ms. J. von Westerholt noted it was within the Committee's right to impose an additional condition requiring the applicant to apply for a building permit. She stated staff have cautioned the Committee about imposing this condition in the past as it is related to sequencing of approvals and could potentially make the condition challenging to clear. Mr. S. Hannah requested, and it was agreed, Committee's decision this date requiring the satisfaction of the Chief Building Official. Moved by Mr. S. Hannah Seconded by Mr. B. McColl that an additional condition be included in the applicant to apply for a building permit to the COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -129- CITY OF KITCHENER 11. Submission No.: A 2020-055 (Cont'd) That the application of 2706997 ONTARIO INC. requesting permission to convert a duplex into a triplex on a lot having a width of 12.9m rather than the required 15m; having a southerly side yard setback of 0.71 m rather than the required 1.2m; a front yard setback of 4.28m rather than the required 4.5m; to permit 1 required parking space to have a width of 2.48m ratherthan the required width of 2.6m; to permit 2 required off-street parking spaces to be located between the front fapade whereas the By-law does not permit parking between the front fapade and the street line; and, to permit 2 required off-street parking spaces located in the front yard to have a length of 4.28m rather than the required length of 5.49m, on Part Lot 5 and Lot 6, Plan 148 and Part Lot 6, Plan 364, 61 Irvin Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall enter into an encroachment agreement with the City of Kitchener to locate a portion of 2 parking spaces on City -owned land. 2. That the owner shall install and maintain a 1.5m concrete sidewalk between the two parking spaces located in the front yard as shown in the site plan submitted with the subject application, and that the sidewalk extends from the front entrance of the dwelling to the City sidewalk. 3. That the owner shall apply for a Zoning (Occupancy) Certificate for the Multiple Dwelling (3 units) prior to August 31, 2021 to the satisfaction of the Director of Planning. 4. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 12. Submission No.: A 2020-056 Applicants: Milosh and Ray Kraishnik Property Location: 49 Lichty Crescent Legal Description: Part Lot 27, Plan 865, being Part 2 on Registered Plan 58R-20578 Appearances: In Support: B. Jokanovic Contra: E. & R. McCabe Written Submissions: None The Committee was advised the applicants are requesting permission to legalize an existing retaining wall in the rear yard of a single detached dwelling having a southerly side yard setback of 1.02m rather than the required 1.22m. The Committee considered Development Services Department report DSD -20-120 dated September 4, 2020 recommending approval of this application. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15.2020 -130- CITY OF KITCHENER •T51r-rl Me, Ll Me, iC The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. B. Jokanovic was in attendance in support of the subject application and staff recommendation. Ms. E. McCabe and Mr. R. McCabe were in attendance in opposition of the subject application. Mr. McCabe advised they owned the adjacent property and expressed concerns with the development process. He noted the applicant has damaged some of their property during construction. He noted concerns with the dwelling encroaching onto their property, advising they spoke with the applicant when the forms were installed to express concerns with their location and whether the dwelling was being constructed too close/possibly even over the property line. Ms. McCabe stated in her opinion if the minor variance is approved in this instance, the applicants will not be held accountable for future construction projects. She expressed further concerns with the covered deck in the rear yard and whether the roof was encroaching onto the property line. In response to questions, Ms. McCabe advised the damage that was caused to their property has now been restored, noting that portion of their property was damaged for approximately 2 years. Mr. Jokanovic stated he tried to work with the neighbours during the construction process. He indicated when they expressed concerns to him, he advised them that he was only building what was permitted and approved by the City's Building and Planning Departments. He stated a surveyor marked the property lines, noting in his opinion nothing has been constructed that was illegal. He further advised the only error in the construction of the dwelling was the encroachment into the side yard setback. Questions were raised regarding the covered deck in the rear yard and whether the covered porch also required a variance. Ms. J. von Westerholt advised she was in consultation with the file Planner and could confirm the covered deck was included in the building permit and did not require a variance. Ms. J. Meader expressed concerns with the subject application. She stated although the minor variance for the reduced setback is minor in comparison the with deck, in her opinion the encroachment could have been avoided. She indicated if the original plans had been followed as noted by the applicant, the variance would not have been required. Mr. Hannah questioned whether a deferral would be more appropriate to confirm whether the deck was encroaching into the side yard setback. Ms. von Westerholt stated she has confirmed with the file Planner that the deck was included within the building permit for the construction of the dwelling. Mr. B. McColl stated in his opinion the requested variance was a minor issue. He indicated whether the applicant and neighbour were amicable during construction is out of the prevue of the Committee. He stated there have been many times where a minor error has occurred during construction and variances have been requested and approved. The following motion was then voted on with Mr. D. Cybalski, Mr. B. McColl and Mr. M. Kidd voting in favour; and. Mr. S. Hannah and Ms. J. Meader voting in opposition. Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of MILOSH and RAY KRAISHNIK requesting permission to legalize an existing retaining wall in the rear yard of a duplex dwelling having a southerly side yard setback of 1.02m rather than the required 1.22m, on Part Lot 27, Plan 865, being Part 2 on Registered Plan 58R- 20578, 49 Lichty Crescent, 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 COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 - 131 - CITY OF KITCHENER 12. Submission No.: A 2020-056 (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 13. Submission No.: A 2020-057 Applicant: Ridgeview Homes Property Location: 114 Blair Creek Drive Legal Description: Lot 3, Registered Plan 58M-615 Appearances: In Support: C. Machado L. Ansourian Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a covered deck in the rear yard of an existing single detached dwelling having a rear yard setback of 4.14m rather than the required 7.5m. The Committee considered Development Services Department report DSD -20-121 dated September 4, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. C. Machado and Ms. L. Ansourian were in attendance in support of the subject application and staff recommendation. In response to questions, Mr. Machado advised the intention is to construct a one -storey covered deck. It was suggested, and agreed, that the Committee's decision this date would include that the approval was for a one -storey covered deck. Moved by Mr. S. Hannah Seconded by Ms. J. Meader That the application of RIDGEVIEW HOMES INC. requesting permission to construct a one -storey covered deck in the rear yard of an existing single detached dwelling having a rear yard setback of 4.14m rather than the required 7.5m, on Lot 3, Registered Plan 58M-615, 114 Blair Creek Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15.2020 -132- CITY OF KITCHENER i6�*n *I i1r_r1 Me, Ll Me ,1C 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 14. Submission No.: A 2020-058 Applicant: 536357 Ontario Limited Property Location: 64 Grand Flats Trail Legal Description: Lot 123, Registered Plan 58M-597 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 7.93m from the intersection of Rivertrail Avenue and Grand Flats Trail rather than the required setback of 9m. The Committee considered Development Services Department report DSD -20-122 dated August 31, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 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. S. Hannah That the application of 2522935 ONTARIO INC. requesting permission to construct a single detached dwelling having a driveway located 7.93m from the intersection of Rivertrail Avenue and Grand Flats Trail rather than the required setback of 9m, on Lot 123, Registered Plan 58M- 597, 64 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 15. Submission No.: A 2020-059 Applicants: David and Erin Westra Property Location: 132 Wilhelm Street Legal Description: Lot 23, Plan 647 COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -133- CITY OF KITCHENER 15. Submission No.: A 2020-059 (Cont'd) Appearances: In Support: D. Westra Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a 1 -storey addition in the front yard of an existing single detached dwelling having a front yard setback of 5.15m rather than the required 6.15m. The Committee considered Development Services Department report DSD -20-123 dated September 3, 2020 recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. D. Westra was in attendance in support of the subject application and staff recommendation. Ms. J. Meader stated she appreciated the comments in the staff report regarding the setback being in keeping with the character of the neighbourhood. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of DAVID and ERIN WESTRA requesting permission to construct a one -storey addition in the front yard of an existing single detached dwelling having a front yard setback of 3.04m forthe front porch; and, a front yard setback for the dwelling of 5.15m ratherthan the required 6.15m, on Lot 23, Plan 647, 132 Wilhelm Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owners shall submit a scoped Tree Management Plan/Arborist Report to be submitted and approved by the Director of Planning, prior to issuance of a building permit. 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 16. Submission No.: A 2020-060 Applicants: Mike and Judy Rowley Property Location: 36 Jacob Gingrich Drive Legal Description: Lot 23, Registered Plan 58M-553 Appearances: In Support: M. Rowley COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -134- CITY OF KITCHENER 16. Submission No.: A 2020-060 (Cont'd) Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 6.63m rather than the required 7.5m. The Committee considered Development Services Department report DSD -20-124 dated September 3, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. M. Rowley was in attendance in support of the subject application and staff recommendation. It was suggested, and agreed, that the Committee's decision this date would include that the approval was for a one -storey addition that was substantially in accordance with the plans submitted with the application. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of MICHAEL and JUDITH ROWLEY requesting permission to construct a one - storey addition in the rear yard of an existing single detached dwelling having a rear yard setback of 6.63m rather than the required 7.5m, on Lot 23, Registered Plan 58M-553, 36 Jacob Gingrich Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 17. Submission No.: A 2020-061 Applicant: Reaching Our Outdoor Friends (Kitchener) Property Location: 35 Sheldon Avenue North Legal Description: Part Lot 25, SY Shantz Park Survey Appearances: In Support: M. Lubberts S. Dietrich -Bell Contra: J. Clark P. Volcic J. L. Duarte T. Runstedler J. Wilkinson M. Imhof N. Grigorian S. Kutnik M. Hummel I. Kitam S. Fereiro S. Fereiro A. Duran D. Summut COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -135- CITY OF KITCHENER 17. Submission No.: A 2020-061 (Cont'd Contra (Cont'd): K. Lalatovic P. Overholt J. Dainard V. Cryne H. Heard A. Welsh Written Submissions: One ROOF Youth Services, S. Dietrich -Bell Neighbourhood Petition D. & P. Herlick S. & S. Fereiro S. Fereiro T. Runstedler J. Wilkinson A. Welsh D. Roth P. Overholt The Committee was advised the applicant is requesting permission to construct a 3 -storey building in the rear yard of an existing single detached dwelling to convert the single detached dwelling into a residential care facility (use permitted by current Zoning) having a maximum front yard setback of 34.3m rather than the maximum permitted 7.5m; a minimum Floor Space Ratio (FSR) of 0.75 rather than the required FSR 1.0; to permit suites on the ground level of the residential care facility whereas the By-law does not permit suites to be located on the ground floor level; to permit a residential care facility with more than 9 residents without consolidating with the lands fronting onto King Street; and, to have a residential care facility with 5 off-street parking spaces rather than the required 6 off-street parking spaces. The Committee considered Development Services Department report DSD -20-125 dated September 4, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. M. Lubberts and Ms. S. Dietrich -Bell were in attendance in support of the subject application and staff recommendation. Mr. J. Clark addressed the Committee in opposition to the subject application and the staff recommendation. He expressed concerns with the residential care facility opening within the neighbourhood without community consultation. He expressed further concerns with: increased foot traffic in the neighbourhood; safety; impacts to quality of life; increased criminal behaviours including drugs and breaking and entering; decreasing property values; and, adverse impacts on the heritage dwelling located at the subject property. He stated OneRoof in his opinion, is not adequately controlling its population and should not be permitted to expand on that basis. Mr. Clark noted comments in the staff report related to site functionality and the Residential Intensification in Established Neighbourhoods Study (RIENS), noting it fails to take into consideration the neighbourhood impact. He stated the situation is already unbearable for the community and requested the Committee to refuse the application to protect the neighbourhood. Messrs. J. L. Duarte and P. Volcic addressed the Committee in opposition to the subject application, noting agreement with the previous speaker regarding issues related to safety in their neighbourhood. Dr. T. Runstedler noted he was in attendance in opposition to the subject application. He stated although they recognize the need for this type of service in the community, he expressed concerns with the expansion and the concentration of these types of services in the neighbourhood. He indicated similar concerns mentioned by previous speakers related to safety, criminal behaviour, loitering and hazardous debris within the neighbourhood. Dr. Runstedler expressed further concerns with the variance related to off-street parking, stating in his opinion it would likely be inadequate if the site was expanded. Dr. J. Wilkson attended in opposition to the subject application. He expressed concerns with the increase in people using their property as a cut -through to King Street and congregating in their rear yard parking lot. He questioned whether the variance related to the Floor Space Ratio (FSR) was minor. He questioned if the property owner also owns the adjoining property on King Street, should they not be consolidated as one parcel and tied together legally. Dr. Wilkson further COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15.2020 -136- CITY OF KITCHENER i���1•T511�r•Ti1�t:7i�_��iY�iaiLYitNZ.7iiiC questioned whether the Committee had the authority to vary the Holding Provision currently on the subject property. He questioned whether the heritage dwelling was actually being preserved and whether the variances being requested considered minor. Messrs. M. Imhof, N. Grigorian, S. Kutnik addressed the Committee in opposition to the subject application and the staff recommendation. It was requested the application be deferred for a minimum of 1 -year to allow the residential care facility to better establish itself within the community and to have better policies in place for supporting their residents. Mr. Kutnik expressed further concerns with the meeting format, noting the majority of the residents within the neighbourhood are seniors and would not be able to participate due to technical abilities, stating at minimum the meeting should be deferred to a time when an in-person meeting could be had. Mr. M. Hummel, Ms. I. Kitam, Mr. D. Summut, Ms. J. Dainard, Mr. V. Cryne and Ms. Ms. A. Welsh addressed the Committee in opposition to the subject application, noting they were in agreement with the comments of those already conveyed by the opposition. Ms. Kitam expressed concerns with an increased density of disenfranchised youth. Ms. Stephanie Fereiro and Ms. Sonya Fereiro addressed the committee in opposition to the subject application and the staff recommendation. Ms. Stephanie Fereiro expressed concerns with safety, increased suspicious activity in the neighbourhood and hazardous debris. She expressed further concerns with the notification process for the subject application being insufficient. She further advised in her opinion shelters of this nature should not be located within residential neighbourhoods. Ms. A. Duran attended in opposition to the subject application. She noted she was in support of the concerns conveyed by previous speakers, stating doubling the number of disenfranchised youth on this property in her opinion is not a minor variance. Ms. K. Lalatovic addressed the Committee in opposition to the subject application. She indicated the comments from the community all have a similar trend, stating in her opinion the expansion should be denied as OneRoof has not been able to control their existing situation. She commented she was previously a resident of the Downtown Core and her concerns for her safety had been significantly heightened living so close to the residential care facility. Ms. P. Overholt expressed concerns with the subject application. She indicated she was in support of the comments of the previous speakers. She expressed concerns with the increase in on -street parking in the neighbourhood, stating in her opinion there has been a large increase of traffic within the neighbourhood due to OneRoof. She noted the neighbourhood is a small community with a concentration of businesses and seniors who are already an at -risk concentration of people that would be adversely impacted by an increase in density of this time. She expressed further concerns with the lack of control measures that are currently in place for the care facility. Ms. H. Heard attended in opposition to the subject application. She expressed concerns with access to the subject property, noting Zoning By-law 85-1 requires frontage on a public street. She stated in reviewing the application it appears the proposed development will have little to no access to a street and questioned fire access/safety. The Chair questioned whether the Committee had the authority to lift the Holding Provision, noting he understood that was only within the authority of Council. Ms. J. von Westerholt advised the Committee is not being requested to lift the holding provision. Mr. G. Stevenson further advised the properties municipally addressed as 1306 and 1314 King Street East, as well as the subject property municipally addressed as 35 Sheldon Avenue, although are owned by different organizations, are bound together by an existing off-site parking agreement registered by the City. He indicated the properties are designated Mixed -Use in the Official Plan and the variance is specifically to permit a residential care facility on 35 Sheldon Avenue having greater than 9 residents. In reviewing the four tests for a minor variance, staff have no objections to varying the Holding Provision to allow the residential care facility use to have greater than 9 -residents. He indicated although there are other restrictions outlined in the Holding Provision, the COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -137- CITY OF KITCHENER 17. Submission No.: A 2020-061 (Cont'd) recommended variance would not impact the other regulations outlined within the Provision. In response to questions, he provided an overview of the difference between a residential care facility and lodging house. In response to further questions, Mr. Stevenson advised the question raised on what the properties have not been legally consolidated on title would need to be addressed by the applicant. In response to questions, Ms. Dietrich -Bell advised currently OneRoof is an 18 -bed co-ed shelter with drop-in services. She indicated the Region of Waterloo has data indicating there are currently 50 homeless youth within the Region. She commented there was previously a youth shelter in Cambridge which has since closed, leaving OneRoof the only youth shelter of this kind. Ms. Dietrich -Bell advised the expansion is intended to support the existing youth, noting there will not be an increase of disenfranchised youth attending the facility. In response to further questions, she advised although they receive funding through all levels of government grant applications, they rely heavily on the community for financial support. She indicated they moved to the property in March 2020 and have over $60,000. worth of security equipment; however, they do not have a designated security person on site. Questions were raised regarding the parking on site, noting the plan is inconsistent with the minor variance request. In response to questions, Mr. Lubberts advised their architect has identified two additional parking spaces. He further advised the parking reduction variance is no longer required. The Chair requested clarification on the current arrangements and whether there were any residential care beds currently located at the property on Sheldon Avenue. Mr. Stevenson advised the shelter is currently operating on two properties with the shelter and accommodations located at the property on King Street East, and the administrative function and office located at the property municipally addressed as 35 Sheldon Avenue North. Mr. Lubberts provided an overview of the project, noting OneRoof is the only shelter service within the Region. He indicated the expansion will provide OneRoof with a purpose-built building to assist in addressing the homeless youth crisis within the Region. He advised once the shelter is expanded, residents will be able to receive education and skills needed to reintegrate into society. Mr. Lubberts noted the proposed expansion is a reduction in square footage than what is currently required onsite. Additionally, he stated the development is intended to preserve the heritage building by constructing the expansion in the rear of the dwelling on Sheldon Avenue. In response to concerns regarding fire access, he stated following consultation with the fire department they have agreed to install a fire hydrant directly in front of the property to ensure a fire truck will be no more than 90m from the building. Mr. Lubberts stated in his opinion, the proposed development will provide an internal space adequate in size to help rehabilitate and reintegrate the youth back into the community. Ms. Dietrich -Bell stated without stable housing it is almost impossible to overcome adversities that resulted in youth requiring shelter services. She further advised they undertook extensive investigation prior to purchasing the properties in 2020, which included review of commercially Zoned properties. She commented the current youth also made a request that the shelter be moved out from the Downtown core if possible. She indicated the subject properties were Mixed -Use Zoning and posed to provide a good space to allow the necessary services to be brought to the Site. She stated they purchased the properties in March 2020 and at that time they hosted a community forum for the neighbourhood, inviting 120 residents with only 22 people attending. She commented since that time she has established a community committee, which includes Councillor S. Marsh, to continue to communicate and review the proposed development. Ms. Dietrich -Bell acknowledged the concerns of the neighbourhood, stating although it may be preferred to have scattered shelter sites, there are financial implications preventing that from being an option. She indicated the proposed expansion is likely going to improve the situation, as currently when the shelter is at capacity, they turn youth away. Additionally, Ms. Dietrich -Bell advised their initial proposal was to construct two additional buildings on the property. She commented since that time the proposed development is less than what was initially communicated to the neighbourhood. She indicated they did their due diligence in advance of purchasing this property. She stated they have similar goals as the community, striving to make it a safer neighbourhood, noting the development will assist with improving the community. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15.2020 -138- CITY OF KITCHENER i���1•T511�r•Ti1�t:7i�_��iY�iaiLYitNZ.7iiiC The Chair questioned if the sites were consolidated on title whether the requested variances would be required. Mr. Lubberts stated they would still require the minor variance for the reduction in Floor Space Ratio (FSR). The Chair noted the major issue raised by the neighbourhood relates to the increase in residential care beds from 9 to 40. He stated if the properties were consolidated the variance would not be required. In response to questions, Ms. Dietrich -Bell advised in consultation with their lawyer, the City and their architect, it was on their direction that the properties be left in separate titles. Mr. Lubberts indicated that may have been related to an environmental concern, noting he could not confirm the reason this date. Questions were raised regarding the Holding Provision currently applied to 35 Sheldon Avenue North. Mr. Stevenson advised the Holding Provision was imposed when the Mixed -Use Zoning/Corridor was established. He indicated the Holding Provision was used at that time to encourage lot consolidations. He stated since that time the philosophy for the use of the holding provision has changed. He commented Council has recently received the draft King Street East Secondary Plan and there has been a shift in thinking to imposed regulations for minimum lot widths rather than linking the regulations to street frontage. Mr. S. Hannah questioned if the Holding Provision was lifted, what the applicant be permitted to construct. Mr. Stevenson noted the property has a commercial/residential requirement. He stated if the Holding Provision was lifted there would be no restriction on the residential care facility. He indicated the property would require a minimum FSR of 1.0. In response to further questions, Mr. Stevenson advised if the properties were consolidated, they would only require minor variances for the front yard setback and the reduction in FSR. He further advised in response to the comments regarding the dwelling on Sheldon Avenue and its heritage status, it is currently only listed on the Municipal Heritage Register (MHR) and does not have heritage protection, noting the applicant would also be permitted to develop the front yard of the property. Ms. Dietrich -Bell stated the properties require an FSR of 1.0. She stated they do not wish to develop the properties to the full capacity of what an Mixed -Use Zone Permits. Mr. Lubberts further advised they also wished to preserve the heritage dwelling on site, which is the reason for proposing the construction in the rear yard of that dwelling. Ms. J. Meader questioned a comment in the report stating the development has received Approval in Principle, and what that was specifically referencing. Mr. Stevenson noted the development has gone through the Site Plan Approval process, noting it is a two-stage process. He indicated no amendments for zoning changes were required through that process. Ms. Meader stated for clarification the Committee does not have the authority to prohibit the residential care use. She stated the application is specially for: an increase in the required front yard setback; a lower density than what is required by the Zoning By-law; and, to permit residential units on the ground floor, adding in her opinion that is more of a technical variance as the property is mixed-use. She indicated the fourth variance for parking is no longer required. Finally, she noted the fifth variance related to the Holding Provision, stating in her opinion she has no objections as it is also technical in nature. She indicated she does not believe it is within the Committee's authority to grant a variance to a holding provision. Ms. Meader stated she was in support of the subject application, pending a minor variance can be granted to a Holding Provision. The Chair stated he was in agreement with the comments expressed by Ms. Meader. Ms. Meader requested clarification on the following questions: can the applicant agree to limit the number of residents on-site; can there be a designated smoking area on site; and, is there flexibility to remove the proposed balconies. She questioned if the application is approved, whether the Committee wished to impose a condition this date to fully fence the property. Mr. Lubberts advised the property is already fully fenced, save and except for the portion of the property related to preserving the heritage dwelling. He further advised the balconies are not proposed to provide entrances to the units. He stated the main floor balconies are intended to prevent youth lingering in internal corridors. He further advised the size of the balconies will COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15.2020 -139- CITY OF KITCHENER i���1•T511�r•Ti1�t:7i�_��iY�iaiLYitNZ.7iiiC assist in restricting external lingering as they are 42" in size and do not have room for anything entering the facility. Mr. Lubberts noted the proposed upper balconies are juliette balconies and will not act as an exterior amenity space. In response to further questions, Ms. Dietrich -Bell advised there is staffing on site 24 hours a day/7 days a week to ensure youth are not lingering outside the building. Mr. B. McColl stated it is clear that there are challenges related to the shelter. He noted the Planning Act states the development should be compatible with the neighbourhood. He commented it appears there has been a communication breakdown between the applicant and the neighbourhood. He stated he was in agreement with the comments from the Chair, noting in his opinion it may be a better approach to consolidate the properties and have Council address the Holding Provision. Mr. S. Hannah stated he was in agreement with Ms. Meader, noting he was in support of the first three variances related to: the front yard setback, the Floor Space Ratio; and, the units on the ground floor. He stated he was not in support of the fifth variance to lift the Holding Provision. The Chair questioned whether the applicant should amend their application to remove the variance for the parking request as that is no longer required; and, to remove the request to vary the Holding Provision. Ms. Meader questioned if the development would be able to proceed without that variance request. Mr. Stevenson advised if the application was amended to remove the variance request for the holding provision and require the lots to be consolidated, they would still require the Holding Provision to be lifted to proceed with their development. He stated he has been in correspondence with the City Solicitor, who is of the opinion that the Committee does have the authority to grant a variance to the Holding Provision as it is a City -imposed Holding Provision. He further advised the Committee has approved variances to Holding Provisions in previous instances, noting there was a variance to a Holding Provision granted at the August 18, 2020 Committee of Adjustment meeting. Mr. Stevenson further advised within the current restrictions; the application would only be permitted to proceed with a development allowing 9 residential care beds. Ms. Meader requested further clarification on the variance related to the Holding Provision and the City Solicitor's position. Mr. Stevenson noted the Solicitor has advised that generally the Committee does not have the authority to grant a variance to a Holding Provision imposed by a third -party as the third -party would have to consent. He indicated in his opinion, as it is a City - imposed Holding Provision and the checks and balances are with the Director of Planning, a variance to the Provision could be granted. He stated the Committee is not lifting the Holding Provision. Mr. Stevenson acknowledged that the variance was an unusual request, noting intent is because the development is not a comprehensive redevelopment. He commented the application is only to allow the Residential Care Facility. He indicated there are 24 other uses identified within the Holding Provision and the variance would only allow this single use, noting the Holding Provision would remain on title addressing the other uses. Ms. von Westerholt advised the variance is intended to allow flexibility of an already permitted use, noting it would not allow an intensified use. She stated the proposed development would still be an underutilized use for the subject property. She reiterated consolation has been discussed with the City Solicitor in regard to the Holding Provision and the Committee is not being requested to lift the imposed Holding Provision. Mr. Lubberts stated if the two properties were merged on title they would be permitted to construct a 2,000 sq. ft. 8 -storey building. He stated that is not their intention, they would prefer to maintain the heritage house and the neighbourhood look with the proposed development. Ms. Meader stated in her opinion, she doesn't believe varying the Holding Provision is permitted under the Planning Act. She stated the Committee had received an opinion from the City's Lawyer and from staff, noting she is prepared to grant the variances as outlined in the staff report, adding she would act on that advice. She noted she had concerns with the precedence of approving a minor variance to a Holding Provision. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15.2020 -140- CITY OF KITCHENER i���1•T511�r•Ti1�t:7i�_��iY�iaiLYitNZ.7iiiC In response to questions, Ms. Lubberts stated he was in agreement with amending their application to remove the variance related to the parking reduction. Mr. Stevenson offered further explanation and clarified that the City Solicitor would not support varying a Holding Provision of a Third party. Mr. Stevenson confirmed he was interpreting legal advice and was not qualified himself to provide legal advice to the Committee of Adjustment. Mr. S. Hannah noted the applicant has indicated expansion of the shelter should improve the situation. He stated he did not receive any reports indicating that may not be the case. He commented as the expansion would provide a larger space to accommodate the youth, he was inclined to believe it may improve the existing situation. He noted he appreciated all of the comments from the neighbourhood and it is clear there are impacts. Mr. Hannah stated he was hoping the management of OneRoof would host another neighbourhood meeting with the community. The following motion was then voted on with Mr. D. Cybalski, Mr. S. Hannah, Mr. M. Kidd and Ms. J. Meader voting in favour; and, Mr. B. McColl voting in opposition. Moved by Mr. S. Hannah Seconded by Ms. J. Meader That the application of REACHING OUR OUTDOOR FRIENDS (KITCHENER) requesting permission to construct a 3 -storey building in the rear yard of an existing single detached dwelling for the use as a residential care facility having a front yard setback of 34.3m rather than the maximum permitted 7.5m; a minimum Floor Space Ratio (FSR) of 0.75 rather than the required FSR 1.0; to permit suites on the ground level of the residential care facility whereas the By-law does not permit suites to be located on the ground floor level; and, to permit a residential care facility with more than 9 residents without consolidating with the lands fronting onto King Street, on Part Lot 25, SY Shantz Park Survey, 35 Sheldon Avenue North, 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 The Committee recessed at 1:46 p.m. and reconvened at 1:56 p.m. with all members present, Chaired by Mr. D. Cybalski. 18. Submission No.: A 2020-062 Applicants: David and Susan Salvatore Property Location: 6 Willow Green Court Legal Description: Lot 745, Plan 1452 Appearances: In Support: D. Salvatore Contra: None COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 - 141 - CITY OF KITCHENER 18. Submission No.: A 2020-062 (Cont'd) Written Submissions: None The Committee was advised the applicants are requesting permission to convert a single detached dwelling into a duplex having 1 required off-street parking space located 2.3m from the street line rather than the required 6m. The Committee considered Development Services Department report DSD -20-126 dated September 4, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. D. Salvatore was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of DAVID and SUSAN SALVATORE requesting permission to convert a single detached dwelling into a duplex having 1 required off-street parking space located 2.3m from the street line rather than the required 6m, on Lot 745, Plan 1452, 6 Willow Green 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 19. Submission No.: A 2020-063 Applicants: Richard and Deborah Nuhn Property Location: 353 Krug Street Legal Description: Lot 34, Plan 720 Appearances: In Support: R. Nuhn Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to legalize an existing carport in the easterly side yard of a single detached dwelling having a side yard setback of 0.6m rather than the required 1.2m. The Committee considered Development Services Department report DSD -20-127 dated September 8, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -142- CITY OF KITCHENER 19. Submission No.: A 2020-063 (Cont'd) Mr. R. Nuhn was in attendance in support of the subject application and staff recommendation. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of RICHARD and DEBORAH NUHN requesting permission to construct a carport in the easterly side yard of a single detached dwelling having a side yard setback of 0.6m rather than the required 1.2m, on Lot 34, Plan 720, 353 Krug Street, 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 20. Submission No.: A 2020-064 Applicant: Cristina Nicoli Property Location: 193 Strange Street Legal Description: Part Lot 4, Plan 431 Appearances: In Support: J. Clinkett Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a garage in the rear yard of an existing single detached dwelling having a side yard setback of 4.5m from Elm Street rather than the required 6m. The Committee considered Development Services Department report DSD -20-128 dated September 9, 2020 recommending approval of this application including an amendment to allow the driveway to have a width of 8.63m rather than the required width of 8m, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. J. Clinkett was in attendance in support of the subject application, stating he was in agreement with the proposed amendment. He expressed concerns with Condition 1 of the staff recommendation requiring the applicant to complete a scoped tree preservation plan. He stated there are no trees currently on the subject property. Mr. Clinkett noted there is one tree located near the south east corner of the property; however, that tree is located on the adjacent commercial property. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -143- CITY OF KITCHENER 20. Submission No.: A 2020-064 (Cont'd) Ms. J. von Westerholt stated in reading the comments provided by the Environmental Planning staff, there is the possibility that there is a tree straddling the lot line. She noted the request is for a scoped tree management plan and would not be as onerous to clear as a full tree management plan. The Chair stated in his opinion the tree in question appears to be located near the rear yard of the property and the requested tree management plan is onerous. In response to questions, Ms. von Westerholt stated she could not fully confirm the requirements for completing a tree management plan, noting the intention is likely to confirm if there would be any adverse impacts to the health of the tree due to construction. Questions were raised regarding the parking spaces on the subject property and the existence of a sign on the property advertising parking spaces for lease. The Chair noted that is not uncommon in the Downtown Core. Ms. J von Westerholt noted a parking lot is not a permitted use. Mr. S. Hannah questioned the condition outlined in the staff report requesting a building permit. He stated in past the Committee has been discouraged from imposing such a condition. Ms. von Westerholt indicated that condition is likely due to the site history and the Planner wished to ensure they were conveying all necessary approval requirements for the property. In response to questions, Mr. S. Ryder stated a standard parking space is 2.6m wide by 5.49m in length. He noted the comments provided were due to the dimensions shown on the plan submitted with the application, to ensure the parking space was adequate in size to accommodate a vehicle, including a door opening within the garage. Ms. J. Meader stated there is an existing shed on the subject property where the property owner was intending to construct the garage. She stated in her opinion it is likely any damage likely occurred at the time of that construction. A motion was brought forward by Ms. J. Meader to approve application A 2020-064 as outlined in the staff report, imposing Condition 3 and Condition 4 being amended to reflect the number of conditions imposed. Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of CRISTINA NICOLI requesting permission to construct a garage in the rear yard of an existing single detached dwelling having a side yard setback of 4.5m abutting Elm Street rather than the required 6m; and, to permit a driveway having a width of 8.63m rather than the maximum width of 8m, on Part Lot 4, Plan 431, 193 Strange Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit a scoped Tree Management Plan, if determined to be required by the Environmental Planner, Planning Division. 2. That the owner shall obtain a building permit from the Building department (and the permit to ensure that the minimum 3.04 metres by 5.5 metres parking space size is met inside the garage). 3. That the owner shall submit a scaled plan of the property detailing the material that will be used in the rear yard for the driveway and for the remaining area, which will have the non- complying gravel replaced with landscaping (grass), and any other method to prevent parking (such as a fence). The plan is to be to the approval of Planning staff. It is noted that only one driveway is permitted along Elm Street. 4. That the owner shall complete the above noted Conditions 1 to 3 by July 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -144- CITY OF KITCHENER 20. Submission No.: A 2020-064 (Cont'd) 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 21. Submission No.: A 2020-065 Applicants: Emilian and Daniela Burca Property Location: 192 Woolwich Street Legal Description: Part Lot 124, German Company Tract, being Part 2 on Reference Plan 58R-19112 Appearances: In Support: E. Burca Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a garage in the rear yard of an existing single detached dwelling having a side yard setback of 4.5m from Elm Street rather than the required 6m. The Committee considered Development Services Department report DSD -20-129 dated September 4, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. E. Burca was in attendance in support of the subject application and staff recommendation. Moved by Mr. S. Hannah Seconded by Mr. B. McColl That the application of EMILIAN and DANIELA BURCA requesting permission to construct an accessory building, in the northerly side yard of an existing single detached dwelling generally in the location shown on the Al Site Plan prepared by 360° Smart Design dated June 2020 included in the application, having a side yard setback of 3m rather than the required 7.5m, on Part Lot 124, German Company Tract, being Part 2 on Reference Plan 58R-19112, 192 Woolwich Street, 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 SEPTEMBER 15.2020 -145- CITY OF KITCHENER ��� •T i11�r•Ti1 � t:7il•�t►�iY�iaiI:Y.iNZ.7iiiC 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 22. Submission No.: A 2020-066 Applicants: VanLegend Fergus GP Corp. & VanLegend Fergus LP Property Location: 110-136 Fergus Avenue Legal Description: Plan 322, Lots 55 to 75, Plan 963, Part Lot 2, Plan 589, Part Farm Lot being Part 1 on Reference Plan 58R-1677 and Parts 3-18 on Reference Plan 58R-20238 Ms. J. Meader declared a pecuniary interest with this application as she has assisted in the completion of this application. As such, she left the electronic meeting at this time and did not participate in any discussion or voting with respect to this application. Appearances: In Support: J. Voss Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a multi - residential condominium development having 0 barrier -free parking spaces for the first phase of the development rather than the required 1 barrier -free parking space. The required variance is intended to allow a phased -approach to condominium development. The Committee considered Development Services Department report DSD -20-130 dated September 3, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Ms. J. Voss was in attendance in support of the subject application and staff recommendation. In response to questions, she advised it is anticipated that the first phase of the condominium will be registered in October 2020 and the second phase will be registered in March 2021. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of VANLEGEND FERGUS GP CORP/VANLEGEND FERGUS LP requesting permission to construct a multi -residential condominium development having 0 barrier -free parking spaces for the first phase of the development rather than the required 1 barrier -free parking space. The required variance is intended to allow a phased -approach to condominium development, on Plan 322, Lots 55 to 75, Plan 963, Part Lot 2, Plan 589, Part Farm Lot being Part 1 on Reference Plan 58R-1677 and Parts 3-18 on Reference Plan 58R-20238, 110-136 Fergus 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. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15.2020 -146- CITY OF KITCHENER ��� ••T i11�CTi1 �t:>�_t►�iY�iaiI:YYNZ.TiiiC 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 Ms. J. Meader re-entered in the meeting at this time. 23. Submission No.: A 2020-067 Applicant: Jeremy Krygsman and Andrew Steinbach Property Location: 297 Ottawa Street South Legal Description: Part Lots 308 to 310, Plan 262 Appearances: In Support: J. Krygsman Contra: C. Vannatter Written Submissions: None The Committee was advised the applicant is requesting permission to convert a single detached dwelling into a triplex having a southerly side yard setback of 0.3m rather than the required 4.5m; having parking located between the front fapade and the street line whereas the By-law does not permit parking between the front fapade and the street line; having a driveway located 0.3m from the intersection of Ottawa Street South and Acacia Street rather than the required setback of 9m; and, to legalize the existing driveway located within the 7.2m Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments within the CVT. The Committee considered Development Services Department report DSD -20-131 dated September 4, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Mr. J. Krygsman was in attendance in support of the subject application and staff recommendation. In response to questions, he advised the application is intended to legalize an existing condition for the house and garage, which is currently located within the setback. He stated he received a driveway permit which allowed the curb cut when he purchased the home. He further advised the property is currently a single -detached dwelling. Mr. Krygsman stated he intends to construct an additional driveway on Acacia Street. He indicated he intends to keep the driveway and garage on Ottawa Street South. In response to questions, Mr. G. Stevenson advised the property would be subject to Site Plan approval, which would address parking and landscaping. He further advised the triplex use would require 3 off-street parking spaces. Mr. C. Vannatter stated he is in general support of the proposed development outlined in application A2020-067. He stated he was attending this date to receive assurances forthe protection of mature street trees on Acacia Street. He further advised he would like to ensure the development adheres to current stormwater management practises as there are no storm sewers on Acacia Street. Finally, he noted concerns with the reduction of on -street parking on Acacia Street due to the construction of the new driveway, noting with the construction of the ION Train. In response to questions, Mr. Krygsman advised stormwater management and drainage were all being addressed through the Building permit process, noting the property was also subject to Site Plan approval. Moved by Ms. J. Meader Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -147- CITY OF KITCHENER 23. Submission No.: A 2020-067 (Cont'd) That the application of JEREMY KRYGSMAN and ANDREW STEINBACH requesting permission to convert a single detached dwelling into a triplex having a southerly side yard abutting a street (setback of the existing garage from Acacia Street) of 0.3 m rather than the required 4.5m; having a garage setback of 0.3m, whereas a building used to accommodate off-street parking (existing garage) shall not be located closer than 6. Om to a street line; permit parking for a multiple dwelling to be located between the facade and the front lot line and between the facade and the side lot line abutting a street, including within 3.Om of the street line, for the existing driveway; and, legalize the existing driveway within the Corner Visibility Triangle (CVT) and Driveway Visibility Triangles (DVT), whereas the CVT and DVT are to be free of obstructions including vehicles, on Part Lots 308 to 310, Plan 262, 297 Ottawa Street South, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 24. Submission No.: A 2020-068 Applicant: Pan am Capital Corp. Property Location: 175 Queen Street North Legal Description: Part Lots 23 to 25 and 27 to 29, Plan 379 Appearances: In Support: M. Johnston Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct 3 additional residential units on the ground floor of an existing multi -residential dwelling having 1 off-street parking space/per-unit (165 off-street parking spaces) for a multi -residential dwelling totaling over 61 -units, rather than the required 1.25 off-street parking spaces/per-unit (206 off-street parking spaces); having 6 off-street visitor parking spaces rather than the required 41 off-street visitor parking spaces (20% required); and, having 2 barrier -free parking spaces rather than the required 6 barrier -free parking spaces. The Committee considered Development Services Department report DSD -20-132 dated September 4, 2020 recommending approval of the variances requesting permission to construct 3 additional residential units on the ground floor of an existing multi -residential dwelling having 1.12 off-street parking space/per unit (184 off-street parking spaces) for a multi -residential dwelling totaling over 61 units rather than the required 1.25 off-street parking spaces/per-unit (206 off-street parking spaces); having 8 off-street visitor parking spaces rather than the required 41 off-street visitor parking spaces (20% required); and, refusal of the variance requesting permission to construct 3 additional residential units on the ground floor of an existing multi -residential dwelling having 2 barrier -free parking spaces rather than 7 barrier -free parking spaces The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -148- CITY OF KITCHENER 24. Submission No.: A 2020-068 (Cont'd) Mr. M. Johnston was in attendance in support of the subject application. He stated he has reviewed the staff report and was in support of the recommendation, including the refusal for the minor variance related to barrier -free parking. He noted the intention of the application and the initial request was to accommodate an increase in visitor parking. Mr. Johnston noted the intention was to ensure there was no overflow of parking from the subject property, as there is no additional room on the property to accommodate additional parking. He indicated in working with City staff they were trying to achieve a balance for what the property would ultimately require. In response to questions, he advised accommodating the required barrier -free spaces would simply mean they could not increase the number of visitor parking spaces on site. He stated currently there are only 2 barrier -free parking spaces on site. In response to questions, Ms. J. von Westerholt stated the applicant must also take into consideration Accessibility for Ontarians with Disabilities Act (AODA) when considering site compliance. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of PAN AM CAPITAL CORP requesting permission to construct 3 additional residential units on the ground floor of an existing multi -residential dwelling having 2 barrier -free parking spaces rather than the required 6 barrier -free parking spaces, on Part Lots 23 to 25 and 27 to 29, Plan 379, 175 Queen Street North, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: The variance requested in this application is not minor. 2. This application is not 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 not 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 - and - That the application of PAN AM CAPITAL CORP requesting permission to construct 3 additional residential units on the ground floor of an existing multi -residential dwelling having 1.12 off-street parking space/per-unit (184 off-street parking spaces) for a multi -residential dwelling totaling over 61 -units, rather than the required 1.25 off-street parking spaces/per-unit (206 off-street parking spaces); having 8 off-street visitor parking spaces rather than the required 41 off-street visitor parking spaces (20% required), on Part Lots 23 to 25 and 27 to 29, Plan 379, 175 Queen Street North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -149- CITY OF KITCHENER 25. Submission No.: A 2020-069 Applicant: Kenmore Homes (Waterloo Region) Inc. Property Location: 20 Hollybrook Trail Legal Description: Part Block 8, Registered Plan 58M-504, being Part 1 on Reference Plan 58R-19868 Appearances: In Support: A. Sinclair 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.Om from the intersection of Hollybrook Trail rather than the required setback of 9m. The Committee considered Development Services Department report DSD -20-133 dated August 31, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Ms. A. Sinclair was in attendance in support of the subject application and staff recommendation Mr. S. Hannah raised questions regarding the variances requested in minor variance applications A 2020-069, A 2020-070, A 2020-071, A 2020-072 and A 2020-073, noting the recommendations are suggesting approval of a 7m setback rather than the required 9m; however, some applications appear to have 8m setbacks. Ms. J. von Westerholt noted the 9m setback from an intersection is one variance that was being reviewed through the Comprehensive Review of the Zoning By-law (CRoZBy), stating the setback requirement is likely to be reduced. She indicated following that review there will likely be less of these variances requested in the future. Mr. S. Ryder confirmed through the new Zoning By-law the Corner Visibility Triangle (CVT) is being reduced to 7m by 7m in size. He noted there have been similar applications of this nature over the past year and there have not been any issues to date. Mr. Ryder indicated these are low -traffic roadways and with a 7m setback there is likely to be minimal concern. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of KENMORE HOMES (WATERLOO REGION) INC. requesting permission to construct a single detached dwelling having a driveway located 7.Om from the intersection of Hollybrook Trail rather than the required setback of 9m, on Part Block 8, Registered Plan 58M- 504, being Part 1 on Reference Plan 58R-19868, 20 Hollybrook 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 SEPTEMBER 15, 2020 -150- CITY OF KITCHENER 26. Submission No.: A 2020-070 Applicant: Kenmore Homes (Waterloo Region) Inc. Property Location: 43 Hollybrook Trail Legal Description: Part Block 15, Registered Plan 58M-504, being Part 10 on Reference Plan 58R-19877 Appearances: In Support: A. Sinclair 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.Om from the intersection of Forest Creek Drive and Hollybrook Trail rather than the required setback of 9m. The Committee considered Development Services Department report DSD -20-134 dated August 31, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Ms. A Sinclair was in attendance in support of the subject application and staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of KENMORE HOMES (WATERLOO REGION) INC. requesting permission to construct a single detached dwelling having a driveway located 7.Om from the intersection of Forest Creek Drive and Hollybrook Trail rather than the required setback of 9m, on Part Block 15, Registered Plan 58M-504, being Part 10 on Reference Plan 58R-19877, 43 Hollybrook Trail, 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 27. Submission No.: A 2020-071 Applicant: Kenmore Homes (Waterloo Region) Inc. Property Location: 158 Pondcliffe Drive Legal Description: Part Block 25, Reference Plan 58M-504, being Part 38 on Reference Plan 58R-19868 Appearances: In Support: Contra: A. Sinclair None COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 - 151 - CITY OF KITCHENER 27. Submission No.: A 2020-071 (Cont'd) Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway located 7m from the intersection of Hollybrook Trail and Pondcliffe Drive rather than the required setback of 9m. The Committee considered Development Services Department report DSD -20-135 dated September 2, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Ms. A. Sinclair 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 KENMORE HOMES (WATERLOO REGION) INC. requesting permission to construct a single detached dwelling having a driveway located 7m from the intersection of Hollybrook Trail and Pondcliffe Drive rather than the required setback of 9m, on Part Block 25, Reference Plan 58M-504, being Part 38 on Reference Plan 58R-19868, 158 Pondcliffe Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 28. Submission No.: A 2020-072 Applicant: Kenmore Homes (Waterloo Region) Inc. Property Location: 900 Pondcliffe Court Legal Description: Part Block 17, Registered Plan 58M-504, being Part 29 on Reference Plan 58R-19877 Appearances: In Support: A. Sinclair Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway located 6.4m from the intersection of Hollybrook Trail and Pondcliffe Court rather than the required setback of 9m; and, having a side yard setback abutting Hollybrook Trail for the front porch of 4m rather than the required 4.5m. The Committee considered Development Services Department report DSD -20-136 dated September 2, 2020 recommending approval of this application. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -152- CITY OF KITCHENER 28. Submission No.: A 2020-072 (Cont'd) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Ms. A. Sinclair 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 KENMORE HOMES (WATERLOO REGION) INC. requesting permission to construct a single detached dwelling having a driveway located 6.4m from the intersection of Hollybrook Trail and Pondcliffe Court rather than the required setback of 9m; and, having a side yard setback abutting Hollybrook Trail of 4m for a covered unenclosed front porch above 0.6m in height rather than the required setback of 4.5m, on Part Block 17, Registered Plan 58M-504, being Part 29 on Reference Plan 58R-19877, 900 Pondcliffe Court, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 29. Submission No.: A 2020-073 Applicant: Kenmore Homes (Waterloo Region) Inc. Property Location: 916 Pondcliffe Drive Legal Description: Part Block 17, Registered Plan 58M-504, being Part 25 on Reference Plan 58R-19877 Appearances: In Support: A. Sinclair Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway located 7m from the intersection of Pondcliffe Court rather than the required setback of 9m; having a side yard setback abutting Pondcliffe Court for the covered front porch of 4m rather than the required 4.5m; and, a rear yard setback of 7m rather than the required 7.5m. The Committee considered Development Services Department report DSD -20-137 dated September 2, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with this application. Ms. A. Sinclair was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -153- CITY OF KITCHENER 29. Submission No.: A 2020-073 (Cont'd) Moved by Mr. M. Kidd Seconded by Ms. J. Meader That the application of KENMORE HOMES (WATERLOO REGION) INC. requesting permission to construct a single detached dwelling having a driveway located 7m from the intersection of Pondcliffe Court rather than the required setback of 9m; having a side yard setback abutting Pondcliffe Court of 4m for the covered unenclosed front porch above 0.6m in height rather than the required setback of 4.5m; and, a rear yard setback of 7m rather than the required 7.5m, on Part Block 17, Registered Plan 58M-504, being Part 25 on Reference Plan 58R-19877, 916 Pondcliffe Court, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried CONSENT APPLICATIONS Submission No.: B 2020-026 Applicants: Cadillac Fairview Property Location: 225 Fairview Road South Legal Description: Part Lot 2, Plan 1524, being Parts 2 to 4 on Reference Plan 58R-9921 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for a lease in excess of 21 years to Chick-Fil-A for 3,486 sq.m. of the northwest corner of the subject property owned by Cadillac Fairview. The Committee considered Development Services Department report DSD -20-138 dated September 9, 2020, recommending deferral of this application as requested by the Region of Waterloo. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated September 8, 2020, requesting deferral of this application to allow Regional staff time to review any associated environmental documents to determine whether a Record of Site Condition is warranted to assess potential contamination issues on the subject lands. The Chair noted the request for deferral. It was noted that a one-month deferral should give the applicant sufficient time to work with the Region of Waterloo to review the required environmental documents. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -154- CITY OF KITCHENER Submission No.: B 2020-026 (Cont'd) Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of CADILLAC FAIRVIEW requesting permission lease in excess of 21 years to Chick-Fil-A for 3,486 sq.m. of the northwest corner of the subject property owned by Cadillac Fairview, on Part Lot 2, Plan 1524, being Parts 2 to 4 on Reference Plan 58R-9921, 225 Fairview Road South, BE DEFFERED to the October 20, 2020 Committee of Adjustment meeting, to allow additional time to consult with the Region of Waterloo related to their comments about associated environmental reports regarding the subject property. Carried 2. Submission Nos.: B 2020-027 & B 2020-028 Applicants: Dharmanand and Basmattie Anghad Property Location: 11 Chicopee Park Court Legal Description: Part Lot 49 and Lot 50, Registered Plan 959 Appearances: In Support: E. Santos Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever two parcels of land and retain one parcel for residential development. Severed Lot 1 identified on the plan submitted with the application will have a width of 9.666m, a depth of 35.956m and an area of 347.069 sq.m. Severed Lot 2 identified on the plan submitted with the application will have a width of 9.683m, a depth of 35.841 and an area of 345.841 sq.m. The retained land will have a width of 9.674m, a depth of 35.481 m and an area of 344.158 sq. m. The Committee considered Development Services Department report DSD -20-139 dated September 2, 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 August 28, 2020, advising they have no objection to this application subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) 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: i. 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). Mr. E. Santos was in attendance in support of the subject application and staff recommendation. The Chair noted the comments from the Region of Waterloo and requested their conditions be include in the Committee's decision this date. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -155- CITY OF KITCHENER 2. Submission Nos.: B 2020-027 & B 2020-028 (Cont'd) Submission No. B 2020-027 Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of DHARMANAND and BASMATTIE ANGHAD requesting permission for Severed Lot 1 identified on the plan submitted with the application to have a width of 9.666m, a depth of 35.956m and an area of 347.069 sq. m., on Part Lot 49 and Lot 50, Registered Plan 959, 11 Chicopee Park Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners 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 owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall prepare a Tree Management Plan 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 demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 4. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: a. That prior to any demolition, grading or the application or issuance of a building permit, the owners 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; and, (vi) outline tree protection measures for trees to be preserved; and further, (vii) building elevation drawings. b. Any alteration or improvement to the lands including grading, 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. C. That prior to issuance of a building permit, the owners shall obtain clearance from the City's Director of Engineering that the forcemain for the Freeport Pumping Station has been fully commissioned and the development freeze has been lifted. 5. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $8,900.54. 6. That the owners shall make satisfactory arrangements, financial or otherwise, with the City's Director of Engineering Service for the installation of any new service connections to the severed and/or retained lands, including an extension of the storm sewer at the sole cost of the owners. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -156- CITY OF KITCHENER 2. Submission Nos.: B 2020-027 & B 2020-028 (Cont'd) 7. That the owners shall make financial arrangements to the satisfaction of the City's Director of Engineering Services in consultation with the City's Director of Operations for the installation, to City standards, of boulevard landscaping including street trees, and paved driveway ramps, on the severed and retained lands. 8. That the owners shall ensure any new driveways are to be built to City of Kitchener standards at the owners' expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 9. That the owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 11. That the owners shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owners would have to pump the sewage via a pump and force main to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 12. That the owners shall make arrangements, financial or otherwise, for the relocation/removal of any existing City -owned street furniture, boulevard trees, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the City Director of Engineering Services in consultation with the City's Director of Operations and the Director of Transportation Planning. 13. That the owners shall make satisfactory arrangements with Kitchener -Wilmot Hydro Inc. for the relocation of the existing hydro pole, if necessary. 14. That the owners shall obtain demolition control approval in accordance with the City's Demolition Control By-law to the satisfaction of the Director of Planning. 15. That the owners shall obtain a building permit to the satisfaction of the Chief Building Official. 16. That the owners shall make satisfactory arrangements with the Director of Engineering Services for payment towards future sidewalk installation. 17. That the owners shall make satisfactory arrangements with the Director of Engineering Services regarding sump pump outlets for the severed and retained lots. 18. That owners shall submit to the Region of Waterloo the consent review fee of $350.00 per new lot created. 19. That the owners shall 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). It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -157- CITY OF KITCHENER 2. Submission Nos.: B 2020-027 & B 2020-028 (Cont'd) 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 September 15, 2022. Carried Submission No. B 2020-028 Moved by Mr. B. McColl Seconded by Mr. M. Kidd That the application of DHARMANAND and BASMATTIE ANGHAD requesting permission for Severed Lot 2 identified on the plan submitted with the application to have a width of 9.683m, a depth of 35.841 and an area of 345.841 sq. m., on Part Lot 49 and Lot 50, Registered Plan 959, 11 Chicopee Park Court, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners 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 owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall prepare a Tree Management Plan 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 demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 4. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: a. That prior to any demolition, grading or the application or issuance of a building permit, the owners 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; COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -158- CITY OF KITCHENER 2. Submission Nos.: B 2020-027 & B 2020-028 (Cont'd) (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; and, (vi) outline tree protection measures for trees to be preserved; and further, (vii) building elevation drawings. b. Any alteration or improvement to the lands including grading, 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. C. That prior to issuance of a building permit, the owners shall obtain clearance from the City's Director of Engineering that the forcemain for the Freeport Pumping Station has been fully commissioned and the development freeze has been lifted. 5. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $8,900.54. 6. That the owners shall make satisfactory arrangements, financial or otherwise, with the City's Director of Engineering Service for the installation of any new service connections to the severed and/or retained lands, including an extension of the storm sewer at the sole cost of the owners. 7. That the owners shall make financial arrangements to the satisfaction of the City's Director of Engineering Services in consultation with the City's Director of Operations for the installation, to City standards, of boulevard landscaping including street trees, and paved driveway ramps, on the severed and retained lands. 8. That the owners shall ensure any new driveways are to be built to City of Kitchener standards at the owners' expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 9. That the owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 11. That the owners shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owners would have to pump the sewage via a pump and force main to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 12. That the owners shall make arrangements, financial or otherwise, for the relocation/removal of any existing City -owned street furniture, boulevard trees, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the City Director of Engineering Services in consultation with the City's Director of Operations and the Director of Transportation Planning. 13. That the owners shall make satisfactory arrangements with Kitchener -Wilmot Hydro Inc. for the relocation of the existing hydro pole, if necessary. 14. That the owners shall obtain demolition control approval in accordance with the City's Demolition Control By-law to the satisfaction of the Director of Planning. 15. That the owners shall obtain a building permit to the satisfaction of the Chief Building Official. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -159- CITY OF KITCHENER 2. Submission Nos.: B 2020-027 & B 2020-028 (Cont'd) 16. That the owners shall make satisfactory arrangements with the Director of Engineering Services for payment towards future sidewalk installation. 17. That the owners shall make satisfactory arrangements with the Director of Engineering Services regarding sump pump outlets for the severed and retained lots. 18. That owners shall submit to the Region of Waterloo the consent review fee of $350.00 per new lot created. 19. That the owners shall 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). 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 September 15, 2022. Carried 3. Submission No.: B 2020-029 Applicants: Iola Arndt Property Location: 442 Old Chicopee Trail Legal Description: Part Lot 118, German Company Tract Appearances: In Support: P. Chauvin Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -160- CITY OF KITCHENER 3. Submission No.: B 2020-029 (Cont'd) The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 18.288m, a northerly depth of 52.112m and an area of 933 sq. m. The retained land will have a width of 21.947m, a northerly depth of 74.777m and an area of 1382 sq. m. Both parcels are intended for residential development. The Committee considered Development Services Department report DSD -20-140 dated September 3, 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 August 28, 2020, advising they have no objection to this application subject to the following conditions: 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." Mr. P. Chauvin was in attendance in support of the subject application and staff recommendation The Chair noted the comments from the Region of Waterloo and requested their conditions be included in the Committee's decision this date. It was further suggested, and agreed, that the date referenced in Condition 15 of the staff report be removed, as the applicant will be required to complete the conditions of the severance application within the legislated one-year deadline. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of IOLA ARNDT requesting permission to sever a parcel of land having a width of 18.28m, a northerly depth of 52.112m and an area of 933 sq.m., on Part Lot 118, German Company Tract, 442 Old Chicopee Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 SEPTEMBER 15.2020 - 161 - CITY OF KITCHENER 3. Submission No.: B 2020-029 (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 pay to the City of Kitchener a cash -in -lieu contribution for parkland dedication on the severed parcel in the amount of $8,412.48. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections and the removal of redundant services. 5. That the owner shall make arrangements financial or otherwise for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 6. That the owner shall provide a servicing and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 7. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 8. That the owner shall provide Engineering Services with confirmation that the basement elevation of the future dwelling can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the owner. 9. 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: a. That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b. The owner 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 and the Director of Parks and Cemeteries. C. That the owner shall ensure any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Operations and Planning. That prior to the issuance of any building permit, the owner shall make satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Parks and Cemeteries. 10. That the owner shall obtain a demolition control permit for the existing dwelling to the satisfaction of the Director of Planning. 11. That owner shall submit to the Region of Waterloo the consent review fee of $350.00 per new lot created. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -162- CITY OF KITCHENER 3. Submission No.: B 2020-029 (Cont'd) 12. That the owner shall 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." 13. That the owner shall 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." It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.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 September 15, 2022. Carried 4. Submission Nos.: B 2020-030 Applicants: Dragan Vujovic Property Location: 58 Barbara Crescent Legal Description: Part Lot 13 and Lot 14, Plan 702 Appearances: In Support: B. Jokanovic Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -163- CITY OF KITCHENER Submission Nos.: B 2020-030 (Cont'd) The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 9.441 m, a depth of 49.255m and an area of 550.4 sq. m. The retained land will have a width of 9.442m, a depth of 49.255m and an area of 531.3 sq.m. Both parcels are intended for residential development. The Committee considered Development Services Department report DSD -20-141 dated September 3, 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 August 28, 2020, advising they have no objection to this application subject to the following conditions: 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 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)." "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)." Mr. B. Jokanovic was in attendance in support of the subject application and staff recommendation. It was suggested, and agreed, that the date referenced in Condition 3 of the staff report be removed, as the applicant will be required to completed the conditions of the severance application within the legislated one-year deadline. Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of DRAGAN VUJOVIC requesting permission to sever a parcel of land having a width of 9.441 m, a depth of 49.255m and an area of 550.4 sq. m., on Part Lot 13 and Lot 14, Plan 702, 58 Barbara Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -164- CITY OF KITCHENER 4. Submission Nos.: B 2020-030 (Cont'd) 3. That the owner shall obtain a demolition control permit for the existing dwelling to the satisfaction of the City's Planning Division. 4. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and this is to be registered on title of the retained lands. Said agreement shall include the following special conditions: a. The owner shall agree that no building permits shall be applied for the severed or retained lands until satisfactory arrangements are made with the City's Chief Building Official to install and maintain a direct -to -fire alarm monitoring system and fire sprinkler system for each dwelling to be constructed. Satisfactory arrangements shall include the submission of drawings showing the hardwiring in each dwelling. No occupancy of each dwelling shall be permitted until the City's Chief Building Official has confirmed that such system is operational. Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 5. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication the amount of $4,342.86 which is required on the severed parcel as a new developable lot will be created by the severance. 6. That the owner shall make satisfactory arrangements with the Director of Engineering Services for payment towards future sidewalk installation along the frontage for the severed portion in the amount of $2,169.26 (2020 fee). Should the funds be dedicated in 2021 or later, an updated fee will apply. 7. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 8. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 9. That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 10. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 11. 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. 12. That the owner shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -165- CITY OF KITCHENER Submission Nos.: B 2020-030 (Cont'd) 13. 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: a. That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained 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, landscaped area and vegetation to be preserved. b. The owner 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. 14. That owner shall submit to the Region of Waterloo the consent review fee of $350.00 per new lot created. 15. The owner shall 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 (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)." It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -166- CITY OF KITCHENER 4. Submission Nos.: B 2020-030 (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 September 15, 2022. Carried 5. Submission Nos.: B 2020-031 Applicants: Calin and Adriana Pele Property Location: 500 Karn Street Legal Description: Part Lot 13, Plan 793 Appearances: In Support: S. Head Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 10.211m, a depth of 41.6m and an area of 439.5 sq. m. The retained land will have a width of 10.211 m, a depth of 42.2m and an area of 439.3 sq. m. Both lots are intended for residential use; the existing dwelling will be demolished. The Committee considered Development Services Department report DSD -20-142 dated September 9, 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 August 28, 2020, advising they have no objection to this application. Mr. S. Head 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 ADRIANA and CALIN PELE requesting permission to sever a parcel of land having a width of 10.211 m, a depth of 41.6m and an area of 439.5 sq. m., on Part Lot 13, Plan 793, 500 Karn Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners 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 owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall submit a Demolition Control Application. 4. That the owners shall submit a Demolition Building Permit. 5. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication the amount of $4,692.00 which is required on the severed parcel as a new developable lot will be created by the severance. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -167- CITY OF KITCHENER 5. Submission Nos.: B 2020-031 (Cont'd) 6. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 7. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 8. That the owners shall ensure any new driveways are to be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 9. That the owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. That the owners 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. 11. That the owners shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owners would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 12. That the owners 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: a. That the owners shall prepare a Tree Preservation/Enhancement Plan for the severed and retained 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, landscaped area and vegetation to be preserved. b. 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. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.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 September 15, 2022. Carried COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -168- CITY OF KITCHENER 6. Submission Nos.: B 2020-032 Applicants: Richard and Erin Griesbaum Property Location: 160 Strange Street Legal Description: Part Lot 8, Plan 387 and Part Lot 19, Plan 184 Appearances: In Support: B. Jokanovic Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 15.34m, a depth of 40.82m and an area of 630.48 sq.m. The retained land will have a with of 10.32m, a depth of 40.82m and an area of 414.54 sq.m. The retained land is proposed for a single detached dwelling and the severed parcel is intended for semi-detached dwellings. The Committee considered Development Services Department report DSD -20-143 dated September 4, 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 August 28, 2020, advising they have no objection to this application subject to the following conditions: 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 (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)." COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -169- CITY OF KITCHENER 6. Submission Nos.: B 2020-032 (Cont'd) "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." Mr. B, Jokanovic was in attendance in support of the subject application and staff recommendation. The Chair noted the comments from the Region and requested they be included in the committee's decision. Mr. S. Hannah expressed concerns with the subject application and the staff recommendation. He stated in his opinion he did not believe condition 10 of the staff recommendation was fulfillable. He stated it would be his preference to have received a severance application that proposed 12m wide lots rather than what has been requested this date. He stated in his opinion the application should be deferred to allow the applicant an opportunity to work through possible options related to that condition. Ms. J. von Westerholt advised the condition related to elevation drawings was likely due to the fact that the property is located within the Residential Intensification in Established Neighbourhoods Study (RIENS) area. The Chair noted he had no objection to leaving the condition as requested, as clearance would be provided by the Director of Planning, and the applicant would have the opportunity to work with staff following receipt of the Committee's decision. The following motion was voted on with Mr. D. Cybalski, Mr. B. McColl, Mr. M. Kidd and Ms. J. Meader voting in favour; and, Mr. S. Hannah voting in opposition. Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of RICHARD and ERIN GRIESBAUM requesting permission to sever a parcel of land having a width of 15.34m, a depth of 40.82m and an area of 630.48 sq. m., on Part Lot 8, Plan 387 and Part Lot 19, Plan 184, 160 Strange Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners 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 owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel the amount of $7056.403. 4. That the owners shall convey to the City of Kitchener, without cost and free of encumbrance, an approximately 2.0 metres wide road widening along the severed and retained parcel's entire Strange Street frontage, to the satisfaction of the City's Transportation Services. In addition, the owner shall submit a Phase 1, and if necessary, a Phase 2 Environmental Assessment to the satisfaction of the City's Engineering Services for the road widening on the severed portion. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -170- CITY OF KITCHENER 6. Submission Nos.: B 2020-032 (Cont'd) 5. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections and the removal of redundant services to the retained lands. 6. That the owners shall make arrangements financial or otherwise for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 7. That the owners shall provide a servicing plan, showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 8. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 9. That the owners shall provide Engineering Services with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owners are required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the owners. 10. That in accordance with Official Plan Policy 4.C.1.7, the owners shall prepare elevation drawings for the severed and retained lands, showing porches and recessed garages for the proposed single detached and semi-detached dwellings, to the satisfaction of the Director of Planning. 11. That owners shall submit to the Region of Waterloo the consent review fee of $350.00 per new lot created. 12. The owners 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 (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)." COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 - 171 - CITY OF KITCHENER 6. Submission Nos.: B 2020-032 (Cont'd) "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.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 September 15, 2022. Carried Submission Nos.: B 2020-033 Applicants: Graham and Sandra Dare Property Location: 4 Westgate Walk Legal Description: Lots 2 & 3, Registered Plan 977 Appearances: In Support: C. Wiebe Contra: None Written Submissions: Madorin Snyder LLP The Committee was advised the applicants are requesting permission to sever an irregular-shaped parcel of land in the westerly rear yard of a lot having a width of 47.63m, an approximate depth of 48m and an area of 1920 sq.m. to be conveyed as a lot addition to Lot 3, Registered Plan 977. The existing property (retained land) will have a width of 54.24m, a depth of 47.446m and an area of 3,326 sq.m. is comprised of 2 whole lots on a plan of subdivision and the lot line adjustment is intended to facilitate maintaining the existing dwelling and establishing a new lot to the west intended for residential development. The Committee considered Development Services Department report DSD -20-144 dated September 8, 2020, recommending approval of this application, subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -172- CITY OF KITCHENER 7. Submission Nos.: B 2020-033 (Cont'd) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated August 28, 2020, advising they have no objection to this application subject to the following conditions: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. The Committee was in receipt of comments from the City of Waterloo dated September 4, 2020, requesting no boundary trees or regionally/provincially significant trees be removed or impacted on or near the municipal boundary, as verified through a Vegetation Management (Tree Savings) Plan, unless authorized by a qualified arborist due to decline or a hazardous condition. Ms. C. Wiebe was in attendance in support of the subject application. The Chair noted the written submission received from Madorin Snyder LLP on behalf of the neighbouring property owner. Ms. J. von Westerholt advised staff have spoken with the application and are no longer requesting Condition 9 related to financial arrangements for future sidewalks. In response to questions, Mr. A. Pinnell provided an overview of the application, noting although there is a lot being created, the application was more of a technical lot line adjustment as the property is comprised of two whole lots. He stated the proposed lots will not be considerably different than the other lots within the neighbourhood. Ms. Wiebe advised she was in attendance this date to request a deferral of the application. She indicated the applicant has concerns with Condition 5 of the staff recommendation, noting the way the condition has been worded potentially necessitates an update to a landscaping plan that would need to be submitted to the Director of Planning every time they would like to make changes to the landscaping on the property. She indicated staff were able to address their concerns related to condition for future sidewalks but were unable to address the concerns with the landscaping prior to the meeting this date. She further advised she had reviewed the submission from the neighbouring property owner and the severed parcel of land is actually larger than 4 other lots on Westgate Walk, being 1929 sq.m. She indicated 8 Westgate Walk directly adjacent is actually 1824 sq.m. in size. In response to questions, Ms. Wiebe advised the current property owners have expressed an interest in downsizing and would like to build a new home on the remnant parcel of land. In response to questions, Ms. von Westerholt advised staff have no objections to the deferral request this date. Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of GRAHAM AND SANDRA DARE requesting permission to sever an irregular- shaped parcel of land in the westerly rear yard of a lot having a width of 47.63m, an approximate depth of 48m and an area of 1920 sq. m. to be conveyed as a lot addition to Lot 3, Registered Plan 977, on Lots 2 & 3, Registered Plan 977, 4 Westgate Walk, Kitchener, Ontario BE DEFFERED to the October 20, 2020 Committee of Adjustment meeting, to allow additional time to consult with City staff regarding the recommended conditions of approval. Carried 8. Submission Nos.: B 2020-034 Applicants: Josef and Milinsa Sukola Property Location: 956 Glasgow Street Legal Description: Level 1, Waterloo Condo Plan 262 - and - COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -173- CITY OF KITCHENER 8. Submission Nos.: B 2020-034 to B 2020-036 (Cont'd) Submission Nos.: B 2020-035 Applicants: AE Advancement Canada Inc./ Erin and Bruce Arai Property Location: 958 Glasgow Street Legal Description: Level 1, Waterloo Condo Plan 262 950TeE Submission Nos.: B 2020-036 Applicants: Onder and Ayshe Remzi Property Location: 960 Glasgow Street Legal Description: Level 1, Waterloo Condo Plan 262 Appearances: In Support: P. Chauvin Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever 3 parcels of land and retain one parcel to establish the existing townhouse development as freehold townhomes rather than a condominium development as follows: B 2020-034 - 956 Glasgow Street (Severed Parcel 1) having a width of 17.74m, a depth of 45.19m and an area of 734 sq. m. B 2020-035 - 958 Glasgow Street (Severed Parcel 2) having a width of 9.48m, a depth of 44.62m and an area of 423 sq. m. B 2020-036 - 960 Glasgow Street (Severed Parcel 3) having a width of 9.45m, a depth of 44.16m and an area of 420 sq. m. Retained Land - 962 Glasgow Street (Corner Lot) having a width of 54.51, a depth of 38.66m and an area of 1,292 sq.m. The Committee considered Development Services Department report DSD -20-146 dated September 15, 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 August 28, 2020, advising they have no objection to this application subject to the following conditions: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2. That 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: i. "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 Committee was also in receipt of an email from Mr. B. Bateman, Senior Planner, dated September 14, 2020, requesting an amendment to the staff recommendation to remove Condition 8 related to parkland dedication as the requirement had been addressed at an earlier date for the subject properties. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -174- CITY OF KITCHENER 8. Submission Nos.: B 2020-034 to B 2020-036 (Cont'd) Mr. P. Chauvin was in attendance in support of the subject application and staff recommendation. He noted he agreed the written submission from Mr. Bateman regarding Condition 8 related to parkland dedication. The Chair noted the comments of the Region of Waterloo and requested their conditions be included in the Committee's decision this date. It was also suggested, and agreed, that the parkland dedication requirement be removed from the Committee's decision this date. Submission No. B 2020-034 Moved by Mr. M. Kidd Seconded by Ms. J. Meader That the application of JOSEF and MILINKA SUKOLA requesting permission to sever a parcel of land identified as Severed Parcel 1 on the plan submitted with the application having a width of 17.74m, a depth of 45.19m and an area of 734 sq.m.; and, to grant easements in favour of 960- 956 Glasgow Street for access and services, on Level 1, Waterloo Condo Plan 262, 962 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners 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 owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners 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 owners shall provide 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 owners shall ensure 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 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 owners shall provide 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. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15.2020 -175- CITY OF KITCHENER :��1•Ti11�CTi1�C•>`� 3��iY�iaiXLlE[.7Y►�iY�iaileZYNZ.TiiiC 7. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 8. That the owners shall agree 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. 9. That the owners shall submit to the Region of Waterloo the consent review fee of $350.00 per new lot created. 10. That the owners shall 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 (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." 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 September 15, 2022. Carried Submission No. B 2020-035 Moved by Mr. M. Kidd Seconded by Ms. J. Meader That the application of AE ADVANCEMENT CANADA INC./ERIN and BRUCE ARAI requesting permission to sever a parcel of land identified as Severed Parcel 2 on the plan submitted with the application having a width of 9.48m, a depth of 44.62m and a area of 423 sq.m., and, to grant easements in favour of 962, 958 and 956 Glasgow Street for access and services, on Level 1, Waterloo Condo Plan 262, 960 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -176- CITY OF KITCHENER 8. Submission Nos.: B 2020-034 to B 2020-036 (Cont'd) 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 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 shall provide 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 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 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 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 shall provide 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 shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 8. That the owner shall agree 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. 9. That the owner shall submit to the Region of Waterloo the consent review fee of $350.00 per new lot created. 10. That the owner shall 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 (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -177- CITY OF KITCHENER 8. Submission Nos.: B 2020-034 to B 2020-036 (Cont'd) 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 September 15, 2022. Carried Submission No. B 2020-036 Moved by Mr. M. Kidd Seconded by Ms. J. Meader That the application of AYSHE and ONDER REMZI requesting permission to sever a parcel of land identified as Severed Parcel 3 on the plan submitted with the application having a width of 9.45m, a depth of 44.16m and an area of 420 sq. m., and, to grant easements in favour of 962, 960 and 956 Glasgow Street for access and services, on Level 1, Waterloo Condo Plan 262, 958 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners 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 owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners 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 owners shall provide 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 owners shall ensure 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); COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -178- CITY OF KITCHENER 8. Submission Nos.: B 2020-034 to B 2020-036 (Cont'd) 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 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 owners shall provide 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 owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 8. That the owners shall agree 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. 9. That the owners shall submit to the Region of Waterloo the consent review fee of $350.00 per new lot created. 10. That the owners shall 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 (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.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 September 15, 2022. Carried COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -179- CITY OF KITCHENER 9. Submission Nos.: B 2020-037 Applicant: Mandur Enterprises Inc. Property Location: 1541 Highland Road West Legal Description: Part Lot 38, German Company Tract, being Parts 1 & 2 and Part of Part 3 on Reference Plan 58R-2280 Appearances: In Support: A. Schiedel Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to create an easement having an easterly width of 3m, a depth of 24.67m and an area of 144.93 sq. m. in favour of the adjacent property municipally addressed as 1557 Highland Road West for sanitary services. The Committee considered Development Services Department report DSD -20-146-1 dated September 15, 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 August 28, 2020, advising they have no objection to this application. Mr. A. Schiedel 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 MANDUR ENTERPRISES INC. requesting permission to create an easement having an easterly width of 3m, a depth of 24.67m and an area of 144.93 sq. m. in favour of the adjacent property municipally addressed as 1557 Highland Road West for sanitary services, on Part Lot 38, German Company Tract, being Parts 1 & 2 and Part of Part 3 on Reference Plan 58R-2280, 1541 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement 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); and, b. a clause/statement/wording confirming that the Easement 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. 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) is created, and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -180- CITY OF KITCHENER 9. Submission Nos.: B 2020-037 (Cont'd) 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 September 15, 2022. Carried COMBINED APPLICATIONS: 1. Submission Nos.: B 2020-038 and A 2020-074 Applicant: Elaine Wilfong Property Location: 31 Wilfong Drive & 8-16 Mitierra Drive Legal Description: Part Lots 11, and Lots 12 and 13, being Parts 2, 3, 4 & 5 on Reference Plan 58R-7915 Appearances: In Support: A. Head Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land municipally addressed as 31 Wilfong Drive having a width of 19.74m, a depth of 41.45m and an area of 724 sq.m. The retained land is municipally addressed as 8-16 Mitierra Drive and has a width on Mitierra Drive of 32.97m, a depth of 62.08m and an area of 2002 sq. m. Permission is also being requested for a minor variance for 31 Wilfong Drive to have a lot area of 724.39 sq.m. rather than the required 929 sq.m. The parcels were previously separate properties that merged on title. The Committee considered Development Services Department report DSD -20-147 dated September 4, 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 28, 2020, advising they have no objection to application B 2020- 038, 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 considered the report of the Region of Waterloo, Transportation Planner, dated August 31, 2020 advising they have no concerns with application A 2020-074. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 - 181 - CITY OF KITCHENER 1. Submission Nos.: B 2020-038 and A 2020-074 (Cont'd) The Committee considered the report of the Grand River Conservation Authority (GRCA) dated September 4, 2020 advising although they have no objection to application B 2020-038, they noted the subject lands contain regulated allowance of the floodplain associated with Doon Creek. 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. Mr. A. Head was in attendance in support of the subject applications and staff recommendations. The Chair noted the comments from the Grand River Conservation Authority (GRCA) and requested a condition be included in the Committee's decision requiring the applicant to make satisfactory financial arrangements for their applicant plan review fee. It was further requested by Ms. J. von Westerholt, and agreed, to remove Condition 3 related to parkland dedication as it had already been addressed for the subject property at an earlier date. Submission No.: B 2020-038 Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of ELAINE WILFONG requesting permission sever a parcel of land municipally addressed as 31 Wilfong Drive having a width of 19.74m, a depth of 41.45m and an area of 724 sq. m., on Part Lots 11, and Lots 12 and 13, being Parts 2, 3, 4 & 5 on Reference Plan 58R-7915, 31 Wilfong Drive & 8-16 Mitierra Drive, 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 to the Region of Waterloo the consent application review fee of $350.00 per new lot created. 4. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the application 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. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -182- CITY OF KITCHENER 1. Submission Nos.: B 2020-038 and A 2020-074 (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 September 15, 2022. Carried Submission No.: A 2020-074 Moved by Mr. B. McColl Seconded by Mr. S. Hannah That the application of ELAINE WILFONG requesting permission to legalize an existing single detached dwelling on a lot having an area of 724.39 sq.m. rather than the required 2,023 sq.m; and, having a lot width of 17.94m rather than the required 30.48m, on Part Lot 11 and Lot 12, Plan 594, being Part 3 on Reference Plan 58R-7915, 31 Wilfong Drive, 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 CHANGE OF CONDITIONS APPLICATIONS: 1. Submission Nos.: CC 2020-002 & CC 2020-003 Applicant: Gatekey Aggregates Property Location: 32 Forwell Road Legal Description: Blocks 128 & 129, Plan 1819 Appearances: In Support: D. Barrett Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to modify Conditions 3 and 8 of Provisional Consent decisions B 2019-074 and B 2019-075 granted by the Committee of Adjustment on January 21, 2020, related to the requirements for obtaining a Record of Site Condition and Parkland Dedication, stating financial and deadline concerns to achieving clearance of these conditions. The Committee considered Development Services Department report DSD -20-148 dated September 9, 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 August 28, 2020, advising they have no objection to these applications. Mr. D. Barrett was in attendance in support of the subject applications and staff recommendations COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -183- CITY OF KITCHENER 1. Submission Nos.: CC 2020-002 & CC 2020-003 (Cont'd) Submission No.: CC 2020-002 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of GATEKEY AGGREGATES INC. requesting permission is being requested to modify Conditions 3 and 8 of Provisional Consent decisions B 2019-074 and B 2019-075 granted by the Committee of Adjustment on January 21, 2020, related to the requirements for obtaining a Record of Site Condition and Parkland Dedication, on Part Lot 121, German Company Tract, 32 Forwell Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the owner shall agree to submit an Addendum to the Slope Stability Assessment prepared by Chung and Vander Doelen Engineering Ltd. (dated November 1, 2019, and updated December 2019) to confirm that construction of a trail within the 6 metre Erosion Access Allowance, shown on Drawing 3, would not impact the slope, to the satisfaction of the Grand River Conservation Authority. 5. That the owner shall ensure the lands to be severed be added to the abutting lands (being 36 Centennial Road) and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 6. That the owner's solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 7. That the owner shall enter into a Modified Subdivision Agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following condition: a. That priorto initiation of any site development works, grading or issuance of a building permit the Owner agrees to submit and receive approval of a Site Plan to the satisfaction of the City's Manager of Site Development and Customer Service, which reflects, at minimum, any proposed changes to lot size and/or any proposed changes to site operation. 8. That the owner shall grant an easement to the City of Kitchener over Part 3 of 58R-20874 for the purpose of building, maintaining and operating a trail. 9. That the owner shall enter into a Modified Subdivision Agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the lands to be retained which shall include the following conditions, and shall submit the Acknowledgment and Direction identified therein: "The owner shall acknowledge that the City has agreed to defer accepting parkland dedication contribution (cash or land) associated with the creation of Parts 1 and 2, 58R-20874 (severed lands), until such time as a future development application has been received for the retained lands, to the satisfaction of the City's Director of Parks and Cemeteries. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -184- CITY OF KITCHENER Submission Nos.: CC 2020-002 & CC 2020-003 (Cont'd) The owner shall agree that in addition to parkland dedication which may be required by the City as a result of development of the retained lands, to also contribute an amount representing the full and complete dedication for the severed lands, being Parts 1 and 2, 58R-20874. Parkland dedication associated with Parts 1 and 2 shall be calculated based on 2% of the area of Parts 1 and 2, 58R-20874 and shall be made by payment of the equivalent cash value or by dedication of another area of land which is mutually acceptable to both parties. The owner shall deliver to the City, together with the executed copy of this Agreement, an undertaking to secure a release of any mortgages from title to Part 3, 58R-20864 at such time that the City determines the owner to be in default of this registered agreement and when requested by the City to do so as well as an executed Acknowledgment and Direction to be prepared by the City Solicitor authorizing the City and its solicitor to electronically register a Transfer of title to Part 3, 58R-20874, in favour of the City, in the event of default by the owner to fulfil the terms and provisions of this registered Agreement." It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 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 September 15, 2022. Carried Submission No.: CC 2020-003 Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of GATEKEY AGGREGATES INC. requesting permission is being requested to modify Conditions 3 and 8 of Provisional Consent decisions B 2019-074 and B 2019-075 granted by the Committee of Adjustment on January 21, 2020, related to the requirements for obtaining a Record of Site Condition and Parkland Dedication, on Part Lot 121, German Company Tract, 32 Forwell Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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. COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -185- CITY OF KITCHENER Submission Nos.: CC 2020-002 & CC 2020-003 (Cont'd 4. That the owner shall agree to submit an Addendum to the Slope Stability Assessment prepared by Chung and Vander Doelen Engineering Ltd. (dated November 1, 2019, and updated December 2019) to confirm that construction of a trail within the 6 metre Erosion Access Allowance, shown on Drawing 3, would not impact the slope, to the satisfaction of the Grand River Conservation Authority. 5. That the owner shall ensure the lands to be severed be added to the abutting lands (being 80 Centennial Road) and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 6. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 7. That the owner shall enter into a Modified Subdivision Agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following condition: a. That prior to initiation of any site development works, grading or issuance of a building permit the owner agrees to submit and receive approval of a Site Plan to the satisfaction of the City's Manager of Site Development and Customer Service, which reflects, at minimum, any proposed changes to lot size and/or any proposed changes to site operation. 8. That the owner shall grant an easement to the City of Kitchener over Part 3 of 58R-20874 for the purpose of building, maintaining and operating a trail. 9. That the owner shall enter into a Modified Subdivision Agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the lands to be retained which shall include the following conditions, and shall submit the Acknowledgment and Direction identified therein: "The owner shall acknowledge that the City has agreed to defer accepting parkland dedication contribution (cash or land) associated with the creation of Parts 1 and 2, 58R-20874 (severed lands), until such time as a future development application has been received for the retained lands, to the satisfaction of the City's Director of Parks and Cemeteries. The owner shall agree that in addition to parkland dedication which may be required by the City as a result of development of the retained lands, to also contribute an amount representing the full and complete dedication for the severed lands, being Parts 1 and 2, 58R-20874. Parkland dedication associated with Parts 1 and 2 shall be calculated based on 2% of the area of Parts 1 and 2, 58R-20874 and shall be made by payment of the equivalent cash value or by dedication of another area of land which is mutually acceptable to both parties. The owner shall deliver to the City, together with the executed copy of this Agreement, an undertaking to secure a release of any mortgages from title to Part 3, 58R-20864 at such time that the City determines the owner to be in default of this registered agreement and when requested by the City to do so as well as an executed Acknowledgment and Direction to be prepared by the City Solicitor authorizing the City and its solicitor to electronically register a Transfer of title to Part 3, 58R-20874, in favour of the City, in the event of default by the owner to fulfil the terms and provisions of this registered Agreement." It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 15, 2020 -186- CITY OF KITCHENER Submission Nos.: CC 2020-002 & CC 2020-003 (Cont'd) 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 September 15, 2022. Carried ADJOURNMENT On motion, the meeting adjourned at 3:22 p.m. Dated at the City of Kitchener this 15th day of September, 2020. Dianna Saunderson Secretary -Treasurer Committee of Adjustment