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HomeMy WebLinkAboutCA - 2020-10-20COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 CITY OF KITCHENER The Committee of Adjustment held an electronic meeting this date, commencing at 10:00 a.m. Present: D. Cybalski - Chair B. McColl S. Hannah M. Kidd Officials: J. von Westerholt, Senior Planner D. Seller, Traffic Planning Analyst R. Kelly-Ruetz, Planner D. Saunderson, Secretary -Treasurer H. Dyson, Administrative Clerk MINUTES Moved by B. McColl Seconded by M Kidd That the regular minutes of the Committee of Adjustment meeting held September 15, 2020, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS: 1. Submission No.: B 2020-026 Applicant: 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: K. Barisdale 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 -20-159 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 October 9, 2020, advising they have no objection to this application. K. Barisdale was in attendance in support of the subject application and staff report. In response to questions, K. Barisdale advised the Region of Waterloo was provided additional environmental documentation which has addressed their initial concerns related to a Record of Site condition. Further comments state they have no objections to the subject application. Moved by B. McColl Seconded by S. Hannah COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -188- CITY OF KITCHENER Submission No.: B 2020-026 (Cont'd) That the application of CF/REALTY HOLDINGS INC. requesting permission fora 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 2-4 on Reference Plan 58R-9921, 225 Fairview Road South, 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 receive approval of the draft reference plan (as required by the City Clerk), from 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.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 20, 2022. 2. Submission No.: Applicants: Property Location: Legal Description: Appearances: In Support: Contra: Written Submissions B 2020-033 Graham and Sandra Dare 4 Westgate Walk Lots 2 & 3. Reaistered Plan 977 C. Wiebe None Madorin Snyder LLP Carried 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 COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -189- CITY OF KITCHENER 2. Submission No.: B 2020-033 (Cont'd) 3,326 sq.m. comprised of 2 whole lots on a plan of subdivision. 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 -20-160 dated October 13, 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. 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. The Chair noted the written submission received from Madorin Snyder LLP dated September 14, 2020 on behalf of the neighbouring property owner in opposition to the subject application. C. Wiebe was in attendance in support of the subject application, indicating through correspondence with staff prior to this meeting they are now in support of the recommended conditions as outlined in the Report. In response to questions, J. von Westerholt advised the property is comprised of two whole lots on a plan of subdivision. She indicated the application is intended to redefine the size and shapes of the new lot. Questions were raised regarding the condition requested by the Region of Waterloo related to the consent application review fee. S. Hannah noted it was typically requested for applications similar in nature. Moved by S. Hannah Seconded by M. Kidd That the application of GRAHAM and SANDRA DARE requesting permission to sever a parcel of land having a width of 48.8m, an approximate westerly depth of 47m and an area of 1920 sq.m. as shown on the Proposed Severance Sketch Plan, prepared by MHBC Planning, dated Aug 28, 2020, on Lots 2 & 3, Plan 977, 4 Westgate Walk, 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 enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director of Planning, and registered on title to the "Retained Parcel" (as shown in the Proposed Severance Sketch Plan, prepared by MHBC Planning, dated Aug 28, 2020, attached to Report DSD -20-144) and Lot 2, RP 977, to provide the following: COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 _190- CITY OF KITCHENER 2. Submission No.: B 2020-033 (Cont'd) That title to the Retained Lands and Lot 2, RP 977 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Retained Lands nor Lot 2, RP 977 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing. 4. That the owners' solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels for the Retained Lands and Lot 2, RP 977 immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 5. That the 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 Management 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, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, and vegetation to be removed and preserved. b. That the owners shall further agree to implement the approved Tree Management Plan. 6. That the owners shall make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed parcel. 7. That the owners shall prepare a servicing plan, showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 8. 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. 9. That the owners shall submit to the Regional of Waterloo the consent review fee of $350.00 per new lot created. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 - 191 - CITY OF KITCHENER 2. Submission No.: B 2020-033 (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 October 20, 2022. Carried NEW BUSINESS: MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2020-075 Applicant: Hema Jampala Property Location: 44 Martin Street Legal Description: Part Lot 11, Registered Plan 280, Part of Lot 235, Subdivision of Lot 17, German Company Tract, being Part 1 on Reference Plan 58R-18816 Appearances: In Support: H. Jampala Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing triplex on a lot having an area of 354.59 sq.m. rather than the required 495. sq.m.; a front yard setback of 2.44m rather than the required 4.5m; a westerly side yard setback of 0.57m rather than the required 1.2m; and, to have 2 off-street parking spaces rather than the required 3 off-street parking spaces. The Committee considered Development Services Department report DSD -20-161 dated October 13, 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 September 30, 2020 advising they have no concerns with this application. H. Jampala was in attendance in support of the subject application and staff recommendation. In response to questions, H. Jampala advised there is room for 4 vehicles to park on-site, noting if vehicles were parked in the garage, vehicles in the driveway would need to be moved as they create a tandem parking situation due to their location. The Chair requested, and it was agreed, that Condition 2 of the staff recommendation be amended to note any/all lease agreements pertaining to the unit should also stipulate that there is no on-site parking for that unit. In response to questions, J. von Westerholt advised staff, when reviewing the application, did not believe it was necessary to request a minor variance for parking in tandem. She indicated it was staff's recommendation to legalize two off-street parking spaces in the driveway. S. Hannah further suggested, and it was agreed, that Condition 1 outlined in the staff report be amended to require the applicant to "apply" for a Building Permit rather than "obtain" a Building Permit, noting previous comments from staff related to sequencing of approvals. Moved by S. Hannah Seconded by B. McColl COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -192- CITY OF KITCHENER Submission No.: A 2020-075 (Cont'd) That the application of HEMA JAMPALA requesting permission to legalize an existing triplex on a lot having an area of 354.59 sq.m. rather than the required 495. sq.m.; a front yard setback of 2.44m rather than the required 4.5m; a westerly side yard setback of 0.57m rather than the required 1.2m; and, to have 2 off-street parking spaces rather than the required 3 off-street parking spaces, on Part Lot 11, Registered Plan 280, Part of Lot 235, Subdivision of Lot 17, German Company Tract, being Part 1 on Reference Plan 58R-18816, 44 Martin Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall apply for a building permit from the Building Division. 2. That the owner shall confirm their acknowledgement that, when the unit without a parking space is available for rent, it is advertised as not having a legal on-site parking space; and furthermore, that all lease agreements for that unit stipulates that there is no on-site parking. 3. That Conditions 1 and 2 as noted above shall be completed 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. 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 2020-076 Applicant: 2506781 Ontario Inc. Property Location: 623 Beckview Crescent Legal Description: Block 2, Registered Plan 58M-632 Appearances: In Support: C. Balluch Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a stacked townhouse development containing 54 -units having 1.15 parking spaces/per-unit rather than the required 1.25 parking spaces/per-unit; having a 7m Corner Visibility Triangle (CVT) rather than the required 7.5m CVT to allow a 0.5m encroachment into the CVT, whereas the By-law does not permit encroachments into the CVT. The Committee considered Development Services Department report DSD -20-162 dated October 14, 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 September 30, 2020 advising they have no concerns with this application. C. Balluch was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -193- CITY OF KITCHENER 2. Submission No.: A 2020-076 (Cont'd) Moved by M. Kidd Seconded by S. Hannah That the application of 2506781 ONTARIO INC. requesting permission to construct a stacked townhouse development containing 54 -units having a parking ratio of 1.15 parking spaces/per- unit rather than the required parking ratio of 1.25 parking spaces/per-unit; having a 7m Corner Visibility Triangle (CVT) rather than the required 7.5m CVT; and, a 0.5m obstruction into the CVT, whereas the By-law does not permit encroachments into the CVT, on Block 2, Registered Plan 58M-632, 623 Beckview Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the subject variances shall apply to the site layout considered through Site Plan Application SP19/142/B/KA. 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.kitcener.ca Carried 3. Submission No.: A 2020-077 Applicants: Pinkal Patel and Pinalben Patel Property Location: 177 Wilderness Drive Legal Description: Part Block 8, Registered Plan 58M-15, being Part 18 on Reference Plan 58R-10621 Appearances: In Support: P. Patel Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a wooden deck in the easterly side yard for a basement entrance on an existing single detached dwelling having a side yard setback of 0.6m rather than the required 0.75m. The Committee considered Development Services Department report DSD -20-163 dated October 9, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 30, 2020 advising they have no concerns with this application. P. Patel was in attendance in support of the subject application and staff recommendation. In response to questions, P. Patel stated the shed would be relocated from the side yard to the rear yard. B. McColl noted it would be his preference that the recommendation outlined in the report be expanded to clarify that the variance is for a side yard setback, suggesting, and it was agreed, that the Committee's decision this date should note a side yard setback approval. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -194- CITY OF KITCHENER 3. Submission No.: A 2020-077 (Cont'd) Moved by B. McColl Seconded by S. Hannah That the application of PINKAL PATEL and PINALBEN PATEL requesting permission to construct a wooden deck in the easterly side yard for a basement entrance on an existing single detached dwelling having a side yard setback of 0.6m rather than the required 0.75m, on Part Block 8, Registered Plan 58M-15, being Part 18 on Reference Plan 58R-10621, 177 Wilderness 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.kitcener.ca Carried Submission No.: A 2020-078 Applicant: Activa Holdings Property Location: 28 Valencia Avenue Legal Description: Lot 19, Stage 12, 30T-01201 Appearances: In Support: K. Cramer Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway located 8.2m from the intersection of Valencia Avenue and Valencia Court rather than the required setback of 9m. The Committee considered Development Services Department report DSD -20-164 dated October 13, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 30, 2020 advising they have no concerns with this application. K. Cramer was in attendance in support of the subject application and staff recommendation. Moved by B. McColl Seconded by M. Kidd That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a driveway located 8.2m from the intersection of Valencia Avenue and Valencia Court rather than the required setback of 9m, on Lot 19, Stage 12, 30T-01201, 28 Valencia 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 OCTOBER 20, 2020 -195- CITY OF KITCHENER 4. Submission No.: A 2020-078 (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.kitcener.ca Carried 5. Submission No.: A 2020-079 Applicant: Debra Riddell Property Location: 368 Wellington Street North Legal Description: Lot 24, Plan 125 Appearances: In Support: D. Riddell Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to reconstruct an existing deck and mudroom in the rear -side yard of an existing 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 -20-165 dated October 9, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 30, 2020 advising they have no concerns with this application. D. Riddell was in attendance in support of the subject application and staff recommendation. Moved by S. Hannah Seconded by B. McColl That the application of DEBRA RIDDELL requesting permission to reconstruct an addition and associated deck in the rear -side yard of an existing single detached dwelling having a side yard setback of 0.6m rather than the required 1.2m, on Lot 24, Plan 125, 368 Wellington Street North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -196- CITY OF KITCHENER 6. Submission No.: A 2020-080 Applicants: Andrew Stewart and Alison Salhani Property Location: 335 Lancaster Street West Legal Description: Lot 15, Plan 789 Appearances: In Support: A. Stewart Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to convert an existing commercial space into a 261.4 sq.m. health office having 8 off-street parking spaces rather than the required 17 off-street parking spaces. The Committee considered Development Services Department report DSD -20-166 dated October 9, 2020 recommending approval of this application as amended, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 30, 2020 advising they have no concerns with this application. A. Stewart was in attendance in support of the subject application and staff recommendation, including the proposed amendment. The Chair noted it was difficult to consider the application without an associated site plan identifying the parking spaces. He stated the staff report references a verbal agreement with the neighbouring property owner to accommodate any overflow parking that may occur. He stated in his opinion it may be more effective if there was an off-site parking agreement registered on title between the two property owners to ensure the agreement is maintained in perpetuity. In response to questions, A. Stewart advised they have purchased the property and intend to construct 4 to 5 examination rooms in the building, noting the basement is unused space. He stated prior to purchasing the property they inquired with the realtor on whether the building would meet their needs, only to discover after purchasing that there was an issue related to the Zoning. D. Seller stated staff have no objections to the subject application, advising there is also overflow parking on Bond Street at the rear of the subject property. He further advised staff have observed a number of people are being dropped off at the site, reducing the parking demand. D. Seller stated Transportation Services would prefer where there is an agreement in place related to parking, that it was registered on title. S. Hannah stated he visited the site and it appeared there were only 6 off-street parking spaces at the rear of the property. He questioned whether the lot could accommodate 8 parking spaces as requested. He further advised he was in support of imposing a condition requiring the property owner to enter into an off-site parking agreement with the adjoining property owner. S Hannah questioned if a survey existed of the subject property that would demark 8 parking spaces in the rear of the property. The Chair questioned whether a deferral would be more appropriate to allow the applicant to provide a survey/parking plan for the property. J. von Westerholt stated as a possible option the Committee could impose a condition as part of their decision this date requiring the applicant to provide a parking plan to the satisfaction of the Director of Planning and Transportation Services, to assist the applicant in their approval timelines and ability to obtain their building permit. R. Kelly-Ruetz noted staff, in making their COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20. 2020 -197- CITY OF KITCHENER • ,T i1r•Ti1Ll t:�_t►�iY�iaiZ:1i7NZ.7iiiC recommendation, wished to ensure some flexibility is in place for the applicant, noting if the applicant is required to register an off-street parking agreement on title that would delay their ability to obtain the required building permits. Questions were raised regarding parking on the subject property and the neighbouring property, A. Stewart stated no barrier currently exists between any of the lots that would restrict parking. J. von Westerholt stated the building used to function as a church. She indicated it was her understanding that parking overflow has always occurred in regards to the use of the subject property. She questioned if it was necessary for a formal agreement to be registered on title, or whether a less formal agreement between the property owners was sufficient. Several members noted if a parking plan was provided demonstrating the parking spaces, they may be more willing to approve the variance without a parking agreement registered on title, It was suggested the application be deferred for one month to allow staff additional time to dialogue with the neighbouring property owner. R. Kelly-Ruetz questioned whether the applicant was amenable to a deferral. He stated historically staff have recognized 8 parking spaces in the rear of the property. A. Stewart noted he has text messages from the neighbouring property owner stating he has no objections to any overflow parking from the subject property. B. McColl brought forward a motion to deferthe application to the November 17, 2020 Committee of Adjustment meeting to allow additional time for staff to dialogue with the neighbouring property owner regarding the off-street parking agreement/arrangements and to prepare a parking plan to support the subject application. In response to questions, the Chair noted a parking plan would confirm the requested 8 parking spaces, including their proposed dimensions. He further advised a deferral would be necessary if the Committee opted to include a condition to provide a parking plan and obtain a registered off-street parking agreement. A. Stewart questioned what steps could be taken to obtain the Committee's decision with the suggested conditions if the neighbouring property owner was not amenable to having an off- street parking agreement registered on title. S. Hannah stated he was in support of the motion to defer, stating in his opinion he would like to protect the applicant's interest in regard to any necessary overflow parking if it is deemed required. He stated in his opinion, if a parking plan is completed there may be more than 8 parking spaces on site. He further advised it was possible that there is adequate mutual access between the two buildings. Moved by B. McColl Seconded by S. Hannah That the application of 2766261 ONTARIO LTD requesting permission to convert an existing commercial space into a 261.4 sq.m health office having 8 off-street parking spaces rather than the required 17 off-street parking spaces, on Lot 15, Plan 789, 335 Lancaster Street West, Kitchener, Ontario, BE DEFERRED, to the November 17, 2020 Committee of Adjustment meeting, to allow additional time to dialogue with the neighbouring property owner regarding the off-street parking agreement/arrangements and to prepare a parking plan to support the subject application. Carried Submission No.: A 2020-081 Applicant: Indwell Community Homes Property Location: 825 King Street West Leaal Description: Lot 7. Subdivision of Lot 15. German Comoanv Tract Appearances COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -198- CITY OF KITCHENER Submission No.: A 2020-081 (Cont'd) In Support: K. Gillis S. Harris D. VanderWindt Contra: None Written Submissions: S. Tait S. Wahl M. Bowman B. Schmitt L. Kitchen H. Weber T. Bowman Rev. J. Bindernagel A. Nickel NBPCSAAC - S. Colter L. Kelly K. Gillis The Committee was advised the applicant is requesting permission to construct a multi -residential development containing 41 -units having a rear yard setback of 1.18m ratherthan the required 7.5m; a landscape strip of 2.25m adjacent to the streetline rather than the required 3m; off-street parking spaces located 2.25m from the streetline rather than the required 4.5m; off-street parking located between the front fapade and the lot line, whereas the By-law permit does not parking between the front fapade and the lot line; to permit off-street parking spaces having a width of 2.4m by a depth of 5.5m rather than the required 2.6m width and 5.5m depth; having an off-street parking rate of 0.25 parking spaces/per unit rather than the required 1 off-street parking space/per-unit; and, 0% off street visitor parking spaces rather than the required 15%. The Committee considered Development Services Department report DSD -20-167 dated October 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, Transportation Planner, dated September 30, 2020 advising they have no concerns with this application. The Chair acknowledged written submissions were received in support of the subject application. K. Gillis, S. Harris and D. VanderWindt were in attendance in support of the subject application. K. Gillis noted a written submission was provided in response to the recommendation outlined in the staff report. She indicated the application and public notice all requested a parking ratio of 0.25 parking spaces/per-unit, noting the staff recommendation contained a clerical error in the report referencing a 0.29 parking space/per-unit ratio. She requested the Committee approve the variances as outlined in the staff report, save and except for the parking ratio, which should be 0.25 parking spaces/per-unit. Several members spoke in support of the subject application and the proposed redevelopment of the subject property. In response to questions, S. Harris advised they have applied for grant funding for the project and are awaiting approvals. Moved by B. McColl Seconded by S. Hannah That the application of INDWELL COMMUNITY HOMES requesting permission to construct a multi -residential development containing 41 -units having a rear yard setback of 1.18m rather than the required 7.5m; a landscape strip of 2.25m adjacent to the street line rather than the required 3m; off-street parking spaces located 2.25m from the street line rather than the required 4.5m; off-street parking located between the front fapade and the lot line, whereas the By-law permit does not parking between the front fapade and the lot line; to permit off-street parking spaces having a width of 2.4m by a depth of 5.5m rather than the required 2.6m width and 5.5m depth; having an off-street parking rate of 0.25 parking spaces/per unit rather than the required 1 off-street parking space/per-unit; and, 0% off street visitor parking spaces rather than the required 15%, on Lot 7, Subdivision of Lot 15, German Company Tract, 825 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 _199- CITY OF KITCHENER 7. Submission No.: A 2020-081 (Cont'd) 1. That the owner shall obtain approval of Site Plan application SP20/44/K/LT to the satisfaction of the City's Manager of Site Development and Customer Service. 2. That the owner shall obtain final approval of the Heritage Impact Assessment from the City's Director of Planning. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 8. Submission No.: A 2020-082 Applicant: Mindstone Group Inc. Property Location: 293 Blucher Boulevard Legal Description: Lot 43, Plan 250 Appearances: In Support: I. Cekic M. Posavljak Contra: A. & J. Teichroeb Written Submissions: Neighbourhood Petition The Committee was advised the applicant is requesting permission to construct a triplex on a lot having a width of 12.17m rather than the required 15m; and, a lot area of 371 sq. m. rather than the required 495 sq. m. The Committee considered Development Services Department report DSD -20-168 dated October 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, Transportation Planner, dated September 30, 2020 advising they have no concerns with this application. The Chair acknowledged a neighbourhood petition was submitted for the Committee's consideration this date. I. Cekic and M. Posavljak were in attendance in support of the subject application and staff recommendation. J. and A. Teichroeb were in attendance in opposition to the subject application. A. Teichroeb expressed concerns with the proposed garage accessing the laneway and issues with safety, adding the laneway has not been used for decades. D. Seller stated Transportation Services has no concerns with the proposed development, stating the laneway was intended for traffic, and drivers will be using it to enter/exit the garage and will likely proceed with caution. He further advised a triplex will not generate excess amounts of traffic and are not uncommon situations within the City. In response to further questions, D. Seller advised it was his understanding the laneway is winter -maintained by the City. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -200- CITY OF KITCHENER 8. Submission No.: A 2020-082 (Cont'd) S. Hannah stated he was in support of lane -based developments. He questioned how many spaces were accessible in the garage. M. Posavljak advised there are currently 3 accessible parking spaces. J. Teichroeb expressed further concerns with the laneway, stating after speaking with neighbours, they have been advised it is poorly maintained and although it is over 20 feet wide, only a portion of that is paved. The Chair stated winter maintenance is outside of the scope of the requested minor variance application. He stated in his opinion if the laneway becomes more active, it will likely receive better maintenance. He stated if winter maintenance becomes a larger concern, it may be a matter to address with a member of Council. In response to questions, I. Cekic advised they have not yet submitted a Site Plan application. She stated it is anticipated to be submitted in the coming weeks. B. McColl noted the comments from Environmental Planning staff and questioned whether a condition should be included in the Committee's decision this date requiring the owner to complete a Tree Preservation Plan. J. von Westerholt stated that would be a requirement of the Site Plan approval process. Moved by S. Hannah Seconded by M. Kidd That the application of MINDSTONE GROUP INC. requesting permission to construct a triplex on a lot having a width of 12.17m rather than the required 15m; and, a lot area of 371 sq.m. rather than the required 495 sq.m., on Lot 43, Plan 250, 293 Blucher Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division to establish the Multiple Dwelling use on the property. 3. That the owner shall complete the above noted Conditions 1 and 2 prior to December 31, 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: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 9. Submission No.: A 2020-083 Applicant: David Elliott Property Location: 44 Breithaupt Street Legal Description: Part Lot 140, Plan 376 COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -201- CITY OF KITCHENER 9. Submission No.: A 2020-083 (Cont'd) Appearances: In Support: D. Elliott Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct stairs exceeding 0.6m in height in the front yard of an existing single detached dwelling having a front yard setback of 0.3m rather than the required 6m; and, to locate the stairs within the Driveway Visibility Triangle (DVT) whereas only objects 0.9m in height or less are permitted within the DVT. The Committee considered Development Services Department report DSD -20-169 dated October 9, 2020 recommending approval of this application as amended, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 30, 2020 advising they have no concerns with this application. D. Elliott was in attendance in support of the subject application and staff recommendation, noting he was in agreement with the amendment as outlined in the staff Report Moved by M. Kidd Seconded by B. McColl That the application of DAVID ELLIOTT requesting permission to legalize a front porch on an existing single detached dwelling, for the stairs to exceed 0.6, in height to have a front yard setback of 0.03m rather than the required 6m; and, to allow stairs exceeding 0.9m in height to be located in the Driveway Visibility Triangle (DVT), whereas the By-law does not permit any object exceeding 0.9m in height to be located in the DVT, on Part Lot 140, Plan 376, 44 Breithaupt Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall ensure the area beneath the staircase/deck remains unobstructed, save and except for any structural support posts. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried 10. Submission No.: A 2020-084 Applicant: Winston Wu Property Location: 517 Old Cottage Close Legal Description: Lot 6, Registered Plan 58M-598 Appearances: In Support: J. Marques COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -202- CITY OF KITCHENER 10. Submission No.: A 2020-084 (Cont'd) Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an uncovered 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 -20-170 dated October 13, 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 September 30, 2020 advising they have no concerns with this application. J. Marques was in attendance in support of the subject application and staff recommendation. Moved by B. McColl Seconded by S. Hannah That the application of WINSON WU requesting permission to construct an uncovered 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 6, Registered Plan 58M-598, 517 Old Cottage Close, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit revised building permit drawings for Permit #2020 117166 to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried CONSENT APPLICATIONS 1. Submission Nos.: B 2020-039 & B 2020-040 Applicants: Elev8 Properties Inc. Property Location: 518 Bridgeport Road East Legal Description: Part Lot 59, German Company Tract, being Part 1 on Reference Plan 58R-8657 Appearances: In Support: S. O'Neill S. Patterson Contra: None Written Submissions: N & H. Falk COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -203- CITY OF KITCHENER Submission Nos.: B 2020-039 & B 2020-040 (Cont'd) The Committee was advised the applicant is requesting permission to sever 2 parcels of land and retain 1, both severed lots are intended for residential development. Severed Lot 1 identified on the plan submitted with the application will have a width of 24m, a depth of 55.28m and an area of 1238.8 sq.m. Severed Lot 2 identified on the plan submitted with the application will have a width of 24m, a depth of 44.5m and an area of 1049.4 sq.m.; and, having a 51.6 sq.m. access easement for the existing driveway in favour of the retained lot. The Retained Lot identified on the plan submitted with the application will have a width of 54.3m, a depth of 55.28m and an area of 3518.7 sq. m. The Committee considered Development Services Department report DSD -20-171 dated October 9, 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 October 9, 2020, advising they have no objection to these applications subject to the following conditions: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2. That prior to final approval, the owner/applicant submit a draft reference plan identifying the road widening dedication and mutual access for review and approval by the Region. 3. That prior to final approval, the owner/applicant complete the road widening dedication to the satisfaction of the Region. 4. That prior to final approval the owner/applicant submit a signed mutual access agreement to the satisfaction of the Region. 5. That prior to final approval the owner/applicant complete the required Access Permits to the satisfaction of the Region. 6. That prior to final approval, the owner/applicant submit a lot grading plan for review and approval by the Region. 7. The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed lands: a. The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b. Prior to issuance of a building permit for the severed lands, a Professional Engineer qualified to provide acoustical services in the Province of Ontario should certify that the noise control measures for the development have been designed as per the NPC - 300 guidelines. C. The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): i. "This dwelling 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 Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP)". COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -204- CITY OF KITCHENER Submission Nos.: B 2020-039 & B 2020-040 (Cont'd) ii. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP)". 8. 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 retained lands: a. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): i. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP)". The Chair noted written comments from N. and H. Falk dated October 19, 2020 in opposition to the subject application. In response to questions, R. Kelly-Ruetz advised the neighbour resides at the property to the left of the subject property. S. Patterson and S. O'Neill were in attendance in support of the subject application and staff recommendation. In response to questions. S. Patterson advised a portion of the driveway will be removed on proposed Lot 1 and it will be free of encumbrance. He stated there may be a small turn -around constructed to assist with accessing the garage located at the existing single detached dwelling, noting that is still to be determined. Questions were raised regarding the requested Regional road widening and whether there would be any heritage implications to that widening. S. Patterson advised they have retained an Ontario Land Surveyor who has determined the required road widening will be 2.19m. He indicated a draft plan as been sent to both City and Regional staff for further review to determine what heritage protection measures may be required. Submission No. B 2020-039 Moved by S. Hannah Seconded by M. Kidd That the application of ELEV8 PROPERTIES INC. requesting permission for Severed Lot 1 identified on the plan submitted with the application to have a width of 24m, a depth of 55.25m and an area of 1238.8 sq. m., on Part Lot 59, German Company Track, being Part 1 on Reference Plan 58R-8657, 518 Bridgeport Road East, 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 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 registered on title of the Retained and Severed lands. Said agreement shall include the following special conditions: COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -205- CITY OF KITCHENER Submission Nos.: B 2020-039 & B 2020-040 (Cont'd) Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: a. That the owner shall implement all approved measures for the protection of trees as approved in the Tree Management Plan (where applicable) and to provide written certification from the Owner's Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with prior approval from the City's Director of Planning. Further, the Owner shall implement all measures of the approved Landscape Plan. Prior to Application for and Issuance of any Building Permits: b. That the owner shall photo -document the Retained and Severed lands, including the interior of the existing dwelling on the Retained lands. C. That the owner shall agree through the Issuance of a Notice of Intent to Designate that the Retained lands will be designated under Part IV of the Ontario Heritage Act, in accordance with the heritage attributes listed in the approved Heritage Impact Assessment, prepared by Amy Barnes Consulting, dated June 2020. That the owner shall submit building elevation, building location, and lot grading drawings for the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by Amy Barnes Consulting, dated June 2020, for approval by the City's Director of Planning. Further, the owner shall design and construct the dwellings on the Severed lands in accordance with the approved plans, to the satisfaction of the City's Chief Building Official. The owner shall further agree that the dwellings shall be designed and constructed in accordance. 4. That the owner shall prepare a Landscape Plan for the Retained lands which is to be approved by the Director of Planning. Such plan shall include sympathetic plantings to re- establish the east edge of the Retained lands and re-establish the vista and linear focal point from the terrace along the new property line, as identified in the approved Heritage Impact Assessment prepared by Amy Barnes Consulting, and dated June 2020. 5. That the owner shall prepare and submit for review a Conservation Plan for the Retained lands which is to be approved by the Director of Planning. 6. 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. That 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. 7. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $11,040.00, which is required on the severed parcel. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -206- CITY OF KITCHENER Submission Nos.: B 2020-039 & B 2020-040 (Cont'd) 8. 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. 9. That the owner shall, in accordance with Section 53 of the Ontario Water Resources Act, obtain an environmental certificate of approval for sewage works from the Ministry of the Environment, Conservation and Parks for the extension of the municipal sewer, 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 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 (if provided), on the severed lands. 12. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of Engineering Services prior to severance approval. 13. 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. 14. That the owner shall submit to the Region of Waterloo their consent review fee of $350.00 per new lot created. 15. That the owner shall submit a draft reference plan identifying the road widening dedication and mutual access for review and approval by the Region of Waterloo. 16. That the owner shall complete the road widening dedication to the satisfaction of the Region of Waterloo. 17. That the owner shall submit a signed mutual access agreement to the satisfaction of the Region of Waterloo. 18. That the owner shall complete the required Access Permits to the satisfaction of the Region of Waterloo. 19. That the owner shall submit a lot grading plan for review and approval by the Region of Waterloo. 20. That the owner shall enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed lands: a. The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. b. Prior to issuance of a building permit for the severed lands, a Professional Engineer qualified to provide acoustical services in the Province of Ontario should certify that the noise control measures for the development have been designed as per the NPC - 300 guidelines. C. The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -207- CITY OF KITCHENER Submission Nos.: B 2020-039 & B 2020-040 (Cont'd) "This dwelling 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 Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP)". "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP)". 21. That the owner shall enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the retained lands: a. The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and 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 October 20, 2022. Carried Submission No. B 2020-040 Moved by S. Hannah Seconded by M. Kidd That the application of ELEV8 PROPERTIES INC. requesting permission for Severed Lot 2 identified on the plan submitted with the application to have a width of 24m, a depth of 44.5m and an area of 1049.4 sq.m.; and, granting a 51.6 sq.m. access easement for the existing driveway in favour of the retained lot, on Part Lot 59, German Company Track, being Part 1 on Reference Plan 58R-8657, 518 Bridgeport Road East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -208- CITY OF KITCHENER Submission Nos.: B 2020-039 & B 2020-040 (Cont'd) 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 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); 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. 5. 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 registered on title of the Retained and Severed lands. Said agreement shall include the following special conditions: Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: a. That the owner shall implement all approved measures for the protection of trees as approved in the Tree Management Plan (where applicable) and to provide written certification from the owner's Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with prior approval from the City's Director of Planning. Further, the owner shall implement all measures of the approved Landscape Plan. Prior to Application for and Issuance of any Building Permits: b. That the owner shall photo -document the Retained and Severed lands, including the interior of the existing dwelling on the Retained lands. C. That the owner shall agree through the Issuance of a Notice of Intent to Designate that the Retained lands will be designated under Part IV of the Ontario Heritage Act, in accordance with the heritage attributes listed in the approved Heritage Impact Assessment, prepared by Amy Barnes Consulting, dated June 2020. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -209- CITY OF KITCHENER 1. Submission Nos.: B 2020-039 & B 2020-040 (Cont'd) That the owner shall submit building elevation, building location, and lot grading drawings for the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by Amy Barnes Consulting, dated June 2020, for approval by the City's Director of Planning. Further, the owner shall design and construct the dwellings on the Severed lands in accordance with the approved plans, to the satisfaction of the City's Chief Building Official. The owner shall further agree that the dwellings shall be designed and constructed in accordance 6. That the owner shall prepare a Landscape Plan for the Retained lands which is to be approved by the Director of Planning. Such plan shall include sympathetic plantings to re- establish the east edge of the Retained lands and re-establish the vista and linear focal point from the terrace along the new property line, as identified in the approved Heritage Impact Assessment prepared by Amy Barnes Consulting, and dated June 2020. 7. That the owner shall prepare and submit for review a Conservation Plan for the Retained lands which is to be approved by the Director of Planning. 8. 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. That 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. 9. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $11,040.00, which is required on the severed parcel. 10. 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. 11. That the owner shall, in accordance with Section 53 of the Ontario Water Resources Act, obtain an environmental certificate of approval for sewage works from the Ministry of the Environment, Conservation and Parks for the extension of the municipal sewer, to the satisfaction of the City's Engineering Services. 12. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 13. 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 (if provided), on the severed lands. 14. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Services prior to severance approval. 15. 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 OCTOBER 20, 2020 -210- CITY OF KITCHENER Submission Nos.: B 2020-039 & B 2020-040 (Cont'd) 16. That the owner shall submit to the Region of Waterloo their consent review fee of $350.00 per new lot created. 17. That the owner shall submit a draft reference plan identifying the road widening dedication and mutual access for review and approval by the Region of Waterloo. 18. That the owner shall complete the road widening dedication to the satisfaction of the Region of Waterloo. 19. That the owner shall submit a signed mutual access agreement to the satisfaction of the Region of Waterloo. 20. That the owner shall complete the required Access Permits to the satisfaction of the Region of Waterloo. 21. That the owner shall submit a lot grading plan for review and approval by the Region of Waterloo. 22. That the owner shall enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed lands: The dwellings will be installed with forced air -ducted heating system suitably sized and designed with provision of adding central air conditioning. Prior to issuance of a building permit for the severed lands, a Professional Engineer qualified to provide acoustical services in the Province of Ontario should certify that the noise control measures for the development have been designed as per the NPC -300 guidelines. C. The following noise warning clauses will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "This dwelling 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 Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP)". "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP)". 23. That the owner shall enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the retained lands: The following noise warning clause will be required to be included on all offers of purchase, deeds and rental agreements for the dwelling(s): "Purchaser/tenants are advised that sound levels due to increasing road traffic on Bridgeport Road (RR #09) and Conestoga Parkway (Highway 85) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo (ROW) and the Ministry of the Environment Conservation and Parks (MECP)". COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -211- CITY OF KITCHENER 1. Submission Nos.: B 2020-039 & B 2020-040 (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.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 20, 2022. Carried COMBINED APPLICATIONS 1. Submission Nos.: B 2020-041, A 2020-085 & A 2020-086 Applicants: Binas Faikovska Property Location: 122-124 Mill Street Legal Description: Part of Lot 316, German Company Tract Appearances: In Support: A. Faikovski Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 9.144m, a depth of 43.5m and an area of 408.1 sq.m. The retained land will have a width of 9.144m, a depth of 50m and an area of 448.28 sq.m. Permission is also being requested for a minor variance to legalize the front yard setback of 11 m for both the severed and retained lands rather than the required 6.5m. The Committee considered Development Services Department report DSD -20-172 dated October 13, 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 October 9, 2020, advising they have no objection to application B 2020- 041 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 to enter into an agreement with the City of Kitchener 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: COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -212- CITY OF KITCHENER 1. Submission Nos.: B 2020-041, A 2020-085 & A 2020-086 (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." ii. "Purchaser/tenants are advised that sound levels due to increasing transportation noise (road and railway) in the vicinity, may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 30, 2020 advising they have no concerns with applications A 2020-085 and A 2020- 086. The Chair noted the comments from the Region of Waterloo and requested their conditions be include in the Committee's decision this date, he further noted the comments from Bell Canada and requested the condition be included in the Committee's decision this date. A. Faikovski was in attendance in support of the subject applications and staff recommendations. Submission No. B 2020-041 Moved by B. McColl Seconded by S. Hannah That the application of BINAS FAIKOVSKA requesting permission to sever a parcel of land having a width of 9.144m, a depth of 43.5m and an area of 408.1 sq.m., on Part Lot 316, Subdivision of Lot 17, German Company Tract, 122-124 Mill Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,206.24. 4. That the owner shall convey to the City of Kitchener, without cost and free of encumbrance, an approximately 4 metres wide road widening along the severed parcel's entire Mill Street frontage, to the satisfaction of the City's Transportation Services. In addition, the owner shall submit a Phase 1, and if necessary, a Phase 2 Environmental Assessment to the satisfaction of the City's Engineering Services for the road widening on the severed portion. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -213- CITY OF KITCHENER 1. Submission Nos.: B 2020-041, A 2020-085 & A 2020-086 (Cont'd) 6. 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. 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. 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. 9. 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. 10. That the owner shall extend the storm sewer or implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering Services. 11. That the owner shall correct the front yard fence to meet the City's Fence By-law to the satisfaction of the Director of Planning. 12. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 13. That the owner shall enter into an agreement with the City of Kitchener 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: a. "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." b. "Purchaser/tenants are advised that sound levels due to increasing transportation noise (road and railway) in the vicinity, may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." 14. That the owner shall provide a 3m wide easement as shown on the plan submitted by Bell Canada dated September 29, 2020 for underground infrastructure, to the satisfaction of Bell Canada. 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. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -214- CITY OF KITCHENER Submission Nos.: B 2020-041, A 2020-085 & A 2020-086 (Cont'd) 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 20, 2022. Carried Submission No. A 2020-085 Moved by B. McColl Seconded by S. Hannah That the application of BINAS FAIKOVSKA requesting permission to legalize the front yard setback of 11 m rather than the maximum permitted 6.5m, on Part of Lot 316, German Company Tract, 122 Mill Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitcener.ca Carried Submission No. A 2020-086 Moved by B. McColl Seconded by S. Hannah That the application of BINAS FAIKOVSKA requesting permission to legalize the front yard setback of 11 m rather than the maximum permitted 6.5m, on Part of Lot 316, German Company Tract, 124 Mill Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 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 OCTOBER 20. 2020 -215- CITY OF KITCHENER i�*moTl r -r4 1[•��■:i��iY�iaiL!(i�_��iY�iaiZ:�f. _t►�iY�iaiZ:�:YNZ.7;ii[" 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 APPLICATION: 1. Submission No.: CC 2020-004 Applicants: James Kuntz and Laura Detzler Property Location: 56 Roos Street Legal Description: Part of Biehns Unnumbered Tract, being Part 2 on Reference Plan 58R-19138 and Part 1 on Reference Plan 58R-20481 Appearances: In Support: R. Demmers Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to modify Conditions 3 through 10 of Provisional Consent decision B 2019-073 granted by the Committee of Adjustment on December 12, 2019 to include those conditions within a development agreement to be registered on title. The Committee considered Development Services Department report DSD -20-173 dated October 13, 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 September 30, 2020, advising they have no objection to this application. R. Demmers was in attendance in support of the subject application and staff recommendation. Moved by B. McColl Seconded by S. Hannah That the application of JAMES KUNTZ and LAURA DETZLER requesting permission to modify Conditions 5 through 10 of Provisional Consent decision B 2019-073 granted by the Committee of Adjustment on December 10, 2019 to include those conditions within a development agreement to be registered on title, on Part of Biehns Unnumbered Tract, being Part 2 on Reference Plan 58R-19138 and Part 1 on Reference Plan 58R-20481, 56 Roos Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall provide a building survey for 56 Roos Street to confirm the northerly side yard setback is in compliance with the Zoning By-law to the satisfaction of the Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -216- CITY OF KITCHENER Submission No.: CC 2020-004 (Cont'd) 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 registered on title of the severed lands. Said agreement shall include the following special conditions: That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning, in consultation with the Region of Waterloo, 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. ii. The owner further agrees 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. 5. 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 registered on title of the severed lands. Said agreement shall include the following special conditions: i. That prior to the issuance of a Building Permit, the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections to the severed lands. ii. That prior to the issuance of a Building Permit, the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for a future sidewalk along the severed frontage (11.70) of the severed portion, calculated at the rate the day the Building Permit is issued. iii. That priorto the issuance of a Building Permit, the owner shall make arrangements financial or otherwise for the relocation of any existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. iv. That prior to the issuance of a Building Permit, the owner shall provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. V. That prior to the issuance of a Building Permit, 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. vi. That prior to the issuance of a Building Permit, the owner shall provide Engineering Services with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. 6. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 7. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the Plan Review Fee. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES OCTOBER 20, 2020 -217- CITY OF KITCHENER Submission No.: CC 2020-004 (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.kitcener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 20, 2022. Carried ADJOURNMENT On motion, the meeting adjourned at 11:21 p.m. Dated at the City of Kitchener this 20th day of October, 2020. Dianna Saunderson Secretary -Treasurer Committee of Adjustment