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HomeMy WebLinkAboutCA Agenda - 2020-11-17COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA November 17, 2020 - 10:00 a.m. MINOR VARIANCE APPLICATIONS: Submission No.: A 2020-080 Applicants: Andrew Stewart and Alison Salhani Property Location: 335 Lancaster Street West Legal Description: Lot 15, Plan 789 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. TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY, November 17, 2020 commencing at 10:00 a.m. as an electronic meeting for the purpose of hearing the following applications for Minor Variance and/or Consent. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. Please note this electronic meeting is a public meeting and will be recorded. PLEASE NOTE: Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is only open for select services. Members of the public are invited to watch in this meeting electronically by accessing the meeting live -stream video at kitche ner. ca/watch now. Information on how you can participate or submit written comments for any matter on this agenda are provided below. HOW TO PARTICIPATE: ➢ All applications must be represented by an applicant or agent to be considered by the Committee. Please follow the registration information as listed below to confirm the most up-to-date contact information. As in-person meetings are not an option at this time, you can view or participate in a meeting as follows: • To participate you can register no later than 4:00 p.m. on Monday November 16, 2020. To register please email Dianna. Saunderson(a�kitchener.ca or via phone at 519-741-2203. When registering you must provide your full contact name including mailing address, email address, phone number and application you would like to comment on. Once you are registered you will receive an email including information on how to connect to the Zoom meeting (i.e. weblink of conference call number); • You can provide a written submission no later than 8:30 a.m. Tuesday November 17, 2020, which would be circulated to the Committee for consideration. All written submissions MUST include your full name, mailing address, phone number and email address if possible. Failure to include your contact information will prevent it from being circulated to the Committee. Even if you are unsure whether you would like to speak but would rather listen and watch the meeting with the option to comment on a particular application, please register with the Secretary -Treasurer (information provided above). You will not be required to speak if you choose not to. Copies of written submissions and public agencies' comments are available on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2020-087 - 380 Grand River Boulevard Permission to legalize an existing single detached dwelling having the required off-street parking located 2.3m from the property line rather than the required 6m; and, to allow an easterly driveway widening to be the same material of the driveway, having a length of 2.5m rather than the required 5.5m. A 2020-088 - 339 Rosemount Drive Permission to convert the existing single detached dwelling into a duplex by converting the garage into living space having the 2 required off-street parking spaces located 2m from the front lot line rather than the required 6m setback. A 2020-089 - 34 Dunham Avenue Permission to construct a second storey addition on an existing single detached dwelling having an existing westerly side yard setback of 2.3m rather than the required 3m; and, a driveway to have a minimum width of 2.3m rather than the required 2.6m. A 2020-090 - 305 Driftwood Drive Permission to legalize an existing single detached dwelling having a pool located Om from the rear lot line rather than the required 0.6m setback. A 2020-091 -12 Rose Street Permission to legalize a front porch on an existing single detached dwelling having a front yard setback for the porch of 1.48m rather than the required 3m. A 2020-092 -180 Grand Flats Trail Permission to construct a single detached dwelling having a side yard abutting Waterbow Trail of 3.71 m rather than the required 4.5m; and, a rear yard setback of 7.07m rather than the required 7.5m. Pagel of 3 THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St W NOTICE OF HEARING Box 11 KI I�( 1 II'.NI Kitchener ON N2G14G7 Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594 As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY, November 17, 2020 commencing at 10:00 a.m. as an electronic meeting for the purpose of hearing the following applications for Minor Variance and/or Consent. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. Please note this electronic meeting is a public meeting and will be recorded. PLEASE NOTE: Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is only open for select services. Members of the public are invited to watch in this meeting electronically by accessing the meeting live -stream video at kitche ner. ca/watch now. Information on how you can participate or submit written comments for any matter on this agenda are provided below. HOW TO PARTICIPATE: ➢ All applications must be represented by an applicant or agent to be considered by the Committee. Please follow the registration information as listed below to confirm the most up-to-date contact information. As in-person meetings are not an option at this time, you can view or participate in a meeting as follows: • To participate you can register no later than 4:00 p.m. on Monday November 16, 2020. To register please email Dianna. Saunderson(a�kitchener.ca or via phone at 519-741-2203. When registering you must provide your full contact name including mailing address, email address, phone number and application you would like to comment on. Once you are registered you will receive an email including information on how to connect to the Zoom meeting (i.e. weblink of conference call number); • You can provide a written submission no later than 8:30 a.m. Tuesday November 17, 2020, which would be circulated to the Committee for consideration. All written submissions MUST include your full name, mailing address, phone number and email address if possible. Failure to include your contact information will prevent it from being circulated to the Committee. Even if you are unsure whether you would like to speak but would rather listen and watch the meeting with the option to comment on a particular application, please register with the Secretary -Treasurer (information provided above). You will not be required to speak if you choose not to. Copies of written submissions and public agencies' comments are available on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2020-087 - 380 Grand River Boulevard Permission to legalize an existing single detached dwelling having the required off-street parking located 2.3m from the property line rather than the required 6m; and, to allow an easterly driveway widening to be the same material of the driveway, having a length of 2.5m rather than the required 5.5m. A 2020-088 - 339 Rosemount Drive Permission to convert the existing single detached dwelling into a duplex by converting the garage into living space having the 2 required off-street parking spaces located 2m from the front lot line rather than the required 6m setback. A 2020-089 - 34 Dunham Avenue Permission to construct a second storey addition on an existing single detached dwelling having an existing westerly side yard setback of 2.3m rather than the required 3m; and, a driveway to have a minimum width of 2.3m rather than the required 2.6m. A 2020-090 - 305 Driftwood Drive Permission to legalize an existing single detached dwelling having a pool located Om from the rear lot line rather than the required 0.6m setback. A 2020-091 -12 Rose Street Permission to legalize a front porch on an existing single detached dwelling having a front yard setback for the porch of 1.48m rather than the required 3m. A 2020-092 -180 Grand Flats Trail Permission to construct a single detached dwelling having a side yard abutting Waterbow Trail of 3.71 m rather than the required 4.5m; and, a rear yard setback of 7.07m rather than the required 7.5m. Pagel of 3 A 2020-093 - 41 Valleybrook Drive Permission to construct a single detached dwelling having an easterly side yard setback of 0.05m and a westerly side yard setback of 1.26m, whereas the By-law allows an easterly side yard setback between Om to 0.2m only if the westerly side yard had a setback of 1.5m. A 2020-094 - 53 Valleybrook Drive Permission to construct a single detached dwelling having an easterly side yard setback of 1m rather than the required 1.2m. A 2020-095 - 236 Woodhaven Road Permission to construct an accessory building and accessory outdoor storage in the rear of an existing employment/training facility to allow under Zoning By-law 85-1 an unmodified shipping container (outdoor storage) whereas By-law 85-1 does not permit outdoor storage of goods, materials or equipment; a rear yard setback for the existing accessory building of 5m rather than the required 7.5m; an easterly side yard setback of 1.5m rather than the required 6m; and, for the proposed accessory building to have a minimum side yard setback of 4.8m, whereas 6m or one half of the building height, whichever is greater, is required. Permission is also required for variances under By-law 2019-51 to permit outdoor storage whereas the By-law does not permit outdoor storage in an INS Zone; for the existing accessory building to have a minimum interior side yard of 1.5m rather than the required 3m; a minimum rear yard setback of 5m rather than the required 7.5m; a minimum side yard setback abutting a residentially -zoned property of 1.5m rather than the required 7.5; and, for the proposed accessory building to have a setback abutting a residentially -zoned property of 4.8m rather than the required 7.5m. A 2020-096 - 919 Eaglecrest Court Permission to construct a single detached dwelling having a driveway to be 56% of the lot width rather than the maximum 50%. A 2020-097 - 923 Eaglecrest Court Permission to construct a single detached dwelling having a driveway to be 56% of the lot width rather than the maximum 50%. A 2020-098 - 928 Eaglecrest Court Permission to construct a single detached dwelling having a driveway to be 56% of the lot width rather than the maximum 50%. A 2020-099 - 80 Westwood Drive Permission to legalize an existing triplex, whereas the By-law does not permit the existing triplex use A 2020-100 - 9-11 Samuel Street Permission to convert the existing mixed-use building into a residential/Yoga Studio to allow Personal Services (Queen Street Yoga Studio) in a mixed commercial -residential building having less than 20 dwelling units; a Personal Services (Yoga Studio) to be in excess of 20% of the gross floor area, with 175 sq.m. out of 405 sq.m. to be used for the Yoga Business, including studio space, reception area, change rooms and offices; and, to allow off-street parking for the Yoga Studio to be in tandem, whereas the By-law does not permit parking in tandem for business uses. A 2020-101 - 8 Devon Street Permission to convert the existing single detached dwelling into a duplex having a building height of 11 m rather than the maximum building height of 10.5m; and, to permit the required off-street parking space to be located 2m from the property line rather than the required 6m. A 2020-102 - 89 Water Street South Permission to reconstruct a front porch on an existing single detached dwelling having stairs exceeding 0.6m in height to be located 1.3m from the front lot line rather than the required 3m. B 2020-042 -101-103 Schweitzer Street Permission to sever a parcel of land having a width on Schweitzer Street of 15.5m, a depth of 21.03m and an area of 326 sq.m. The retained land will have a width of 21.03m, a depth of 31.09m and an area of 654 sq.m. Both parcels are intended for residential use. B 2020-043 - 440 Lancaster Street West Permission to sever a parcel of land having a width of 9.326m, a depth of 28.652m and an area of 358.57 sq.m. The retained land will have a width of 10.552m, a depth of 28.652m and an area of 302.32 sq.m. Both parcels are intended for residential use. B 2020-044 - 956 Glasgow Street Permission to grant easements in favour of 958-962 Glasgow Street as outlined on the plan submitted with the application for sanitary, stormwater and access. The townhouse complex was previously subject to consent applications B 2020-034 to B 2020-036 to sever the lots and disband the condominium. Page 2 of 3 • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the online Council and Committee calendar; see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Local Planning Appeal Tribunal (LPAT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Holly Dyson at holly.dyson(a)kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 30th day of October 2020. Dianna Saunderson Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON OCTOBER 30, 2020. Page 3 of 3 Staff Report Development Services Department 1 K�_R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 10 DATE OF REPORT: November 5, 2020 REPORT #: DSD -20-200 SUBJECT: A2020-080 — 335 Lancaster Street West Owner — Dr. Andrew Stewart & Alison Salhani Approve AS AMENDED ,f # � Subject Property ei[F LU REPORT Location Map: 335 Lancaster Street West Planning Comments: The subject property located at 335 Lancaster Street West is designated Mixed Use in the City's Official Plan. In Zoning By-law 85-1, the property is zoned Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R. In Zoning By-law 2019-051 (currently under appeal), the property is zoned Mixed Use One (MIX -1). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The subject property contains an existing one -storey building which is proposed to be converted, via Building Permit, to a Health Clinic / Health Office. Through review of the Building Permit, a parking deficiency has been flagged. There are only 8 parking spaces available on the property. In Zoning By- law 85-1, 17 parking spaces are required, and in Zoning By-law 2019-051, 14 spaces would be required. A minor variance request has been made to facilitate the use of the building as a Health Office/Clinic. Amendment to Variance Request The initial variance request only applied to Zoning By-law 85-1. Staff recommends that the minor variance request also apply to Zoning By-law 2019-051. While By-law 2019-051 is currently under appeal, 14 parking spaces would be required under that By-law, and the 8 spaces on the site would not be enough to meet the requirement. As such, staff recommends that the formal request be AMENDED to expand the variance request to also apply to Zoning By-law 2019-051. Staff is of the opinion that sufficient notice was given for the minor variance application and the inclusion of a variance to By-law 2019-51 has no impact on the overall nature of the application. As such, relief is requested from Section 6.1.2 a) of the Zoning By-law 85-1 and Section 5.6 of Zoning By-law 2019-051 to permit a 262 square metre building to be used as a Health Clinic and/or Health Office to have 8 parking spaces, rather than the required 17 spaces (By-law 85-1) or 14 spaces (By-law 2019- 051). Deferral — October 20, 2020 Committee Meeting The minor variance application for the subject property was originally heard at the October 20, 2020 Committee of Adjustment Meeting. At the meeting, Staff recommended approval (as amended). At the October meeting, Committee expressed some concerns with the accuracy of the number of parking spaces provided on the subject property and whether those spaces could be accessed, and were contemplating whether an overflow parking agreement with the adjacent plaza owner (formal or informal) should be required in order to further justify the parking reduction. As a result of these concerns, Committee deferred their decision to the November 17, 2020 meeting in order to allow staff and the applicant time to work through these issues. Issues Addressed Since Deferral Staff and the applicant have worked closely since the October deferral to resolve outstanding issues Committee had with the parking reduction request. The main issues and resolutions are summarized below. Number of Parking Spaces at 335 Lancaster Street West The variance request seeks to reduce the number of required parking spaces on the subject property to 8 spaces. At the October Committee meeting, some questions were raised as to whether 8 spaces could be provided on-site. Further, a Committee member indicated that during a site visit, they were unable to verify the existence of 8 parking spaces to the rear of the subject property. City staff indicated that 8 parking spaces have historically been recognized on the property although there is no site plan available to formalize the location of these spaces. Planning staff also observed during a site visit that the parking space painted lines were faded, making it difficult to verify. Since the October meeting, the applicant has completed a parking plan based off a Plan of Survey prepared by Brubacher Campbell Limited, O.L.S., dated August 2, 1990. The parking plan confirms that 8 spaces can be provided at the rear of the subject property, and that each space meets the minimum size requirements for a parking space (2.6 metres in width by 5.5 metres in depth). The parking plan is attached as Appendix A, and the Plan of Survey is attached as Appendix B. Snapshot of parking plan confirming 8 spaces can be provided Further to the parking plan, the applicant completed the additional exercise of delineating each of the 8 parking spaces with new paint on-site. Staff visited the subject property and have confirmed that 8 parking spaces are provided and generally match the parking plan noted above. The ramp did not have to be removed in order to accommodate spaces 7 & 8. A photo of the delineated spaces is shown below: Photo of 8 parking spaces painted in October 2020 on the subject property Driveway Access to Rear Parking During the October Committee meeting, a member expressed uncertainty with regards to whether a vehicle could access the rear parking spaces while remaining within the boundary of the subject property. The member asked whether there is a mutual access agreement of some kind on title of the property. The applicant has confirmed that there is no shared access on title between 335 Lancaster and the adjacent property. The parking plan prepared by the applicant and attached as Appendix A indicates there is just over 2 metres of driveway on the subject property (at its narrowest point) to allow access to the rear parking spaces. While this is certainly a tight fit, Transportation staff are supportive of this as it is existing and has been functioning that way for some time. Based on quick research, most cars would be able to fit in that space. e>isthq Eld-ting Gnra9e Fuca/ PI—ting N89-38'W 411,j4.g6 :V EHlsting.son - ■ �tv be Reroov,OVed) N Exl ting ons Wnikxay a o� a -- Existing 1 Storey PrInnry m Bulldin Entrar... 150.14 m 5— J C: 2 1 4 i—T 1:w„eelcnnir ^-.:ES s z TO BE a.nc' -- -- —---®w m , Ex st.ng a$Pnnit nrivewoy 5486 N 99 °38' W Snapshot of parking plan confirming 8 spaces can be provided Further to the parking plan, the applicant completed the additional exercise of delineating each of the 8 parking spaces with new paint on-site. Staff visited the subject property and have confirmed that 8 parking spaces are provided and generally match the parking plan noted above. The ramp did not have to be removed in order to accommodate spaces 7 & 8. A photo of the delineated spaces is shown below: Photo of 8 parking spaces painted in October 2020 on the subject property Driveway Access to Rear Parking During the October Committee meeting, a member expressed uncertainty with regards to whether a vehicle could access the rear parking spaces while remaining within the boundary of the subject property. The member asked whether there is a mutual access agreement of some kind on title of the property. The applicant has confirmed that there is no shared access on title between 335 Lancaster and the adjacent property. The parking plan prepared by the applicant and attached as Appendix A indicates there is just over 2 metres of driveway on the subject property (at its narrowest point) to allow access to the rear parking spaces. While this is certainly a tight fit, Transportation staff are supportive of this as it is existing and has been functioning that way for some time. Based on quick research, most cars would be able to fit in that space. Existing 1 Storey 550 S.so BUR61ng� 7 S� 8 150,14 r� N Width of driveway access at side of existing building Overflow Parking Agreement with Plaza For the October Committee meeting, the applicant indicated that there is an informal agreement between themselves and the adjacent plaza owner which would permit users of the subject property to occupy some of the plaza parking spaces in cases of overflow. Significant discussion took place at the Committee meeting as to whether this agreement should be registered on title in order to secure parking long-term. Part of the reason for deferral included allowing the opportunity for the owners of the subject property to explore a formal agreement. In the time since the last meeting, the owners of the subject property have indicated that registering an agreement on title may impact their purchase of the property. Further, and most relevant to the variance request, they have also provided additional justification to explain how the 8 parking spaces on the property is sufficient to support their proposed use. This letter is attached as Appendix C. Summary of Updated Staff Position Staff remains supportive of the parking reduction request, and additional background, justification, and site works done by the applicant between the October 20th deferral and the date of this report has strengthened our support. Planning staff's recommendation of approval with condition remains the same as our previous report prepared for the October 20, 2020 Committee meeting. Staff conducted a site inspection of the property on October 7, 2020 and November 3, 2020 In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent and Purpose of Official Plan Test The subject property is designated Mixed Use in the City's Official Plan. The intent of this designation is to achieve an appropriate mix of commercial, residential and institutional uses. The site is well served by transit and the proposed commercial use is in keeping with the designation. As such, the requested variance to reduce the amount of required parking is in keeping with the general intent of the Mixed Use designation. 2. General Intent and Purpose of Zoning By-law Test The purpose of the parking space requirement is to ensure that sufficient parking spaces are available for uses on a property. Staff is satisfied that the reduction in required parking spaces from 17 spaces (By-law 85-1) / 14 spaces (By-law 2019-051) to 8 spaces meets the general intent and purpose of the Zoning By-law as the site is well -served by transit within nearby neighbourhoods. Further, there is on -street parking available on nearby streets which can help support any overflow. Staff has no concerns with the number of available parking spaces (8) for this building and its uses. 3. "Minor" Test The variance can be considered minor as the reduced parking space requirement is warranted as the site is well -served by other transit. Further, the applicant has indicated that a maximum of 4-6 patients are likely to be in the office at any one time, which should allow the building to function with only 8 parking spaces. Staff is satisfied that the parking reduction is minor. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the requested parking reduction will facilitate a permitted use in an existing building, and staff is satisfied that there will continue to be sufficient parking spaces available for the building, as it is well served by transit. Based on the foregoing, Planning staff recommends that this application be approved AS AMENDED. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Based on staffing and patient model of the medical use, existing on -street parking available in the area, coupled with justification from the applicant noting that there are many patients that use public transit and are also dropped off and picked up from the site by someone, Transportation Services can support the proposed reduction in parking being proposed. Heritage Comments: No Heritage Planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-080 requesting: a. Relief from Section 6.1.2 a) of Zoning By-law 85-1 to permit a 262 square metre building to be used as a Health Clinic and/or Health Office to have 8 parking spaces, rather than the required 17 spaces; and, b. Relief from Section 5.6 of Zoning By-law 2019-051 to permit a 262 square metre building to be used as a Health Clinic and/or Health Office to have 8 parking spaces, rather than the required 14 spaces, Be APPROVED AS AMENDED. C�A` ��r �� Richard Kelly-Ruetz, BES Planner r Juliane von Westerholt, BES, MCIP, RPP Senior Planner LD - - C ,. T LM 6 VZ L M,CO.LON R Poo � a �I w3 �«e I� ~ •_ S � iai J qw CL L w 4.1a 0 ao "i`a CiJ J I L� wauw I 7 .x a �� I Qy3o I W� C � Ily1 CL N x w° is d b Q o00 M s I ,J If v E f I (10 V ■ ■ v N � C E fi m E 6L'Zl �ISO. �ION Lnam' ��� 'Q . Er w w o� W�E -6y m c c '� Appendix B — Plan of 5t PLAN OF SURVEY SHOWING LCIS Al ION or WILDING Lo 113 MUNICIPAL CONWICELI FLAN 7439 CM—t OF VTCHE14 R RE131011AL MIUMCIPALITY OF YWATERL .r,rr. - WUM-KNen CAW-MLL UPFFF..n, 61X rAFM LARD 5URVEGF5 om rElUEPKK ox ,..7fKrrCY.. DN 266; r12FAM 1.036114rS.17M C6*CRM1IT IMHb 0 LJ 1 4, Irr.,.ara.lL 1•r A y of 335 Lancaster 5t W ■rn®wM ylE f7in•+I�arlr r -I"f w r 91 W'+ h..�..7,r6 �•".Irl x��+ IrvI•"•rs I•r•A a. s .,r IL lE6 45 1 LYIu IrP11O�nC. moo! 4 a ,rrm� r r r hr. ,rrsa [EW.l7E4 w� M. moot r. +;5 .• 9�1 r _-gn_ ..ew, -- IIV M1.? .✓:ar X CL R, I 4J. rW •r C-0r,+IY M M+, nlEr wn N/NIC7F# I— s TFrEET I IL LOOT 7 R P d 099 .^�I I LOT 17 yr MY ,rrr�E gel 1 - LU T 16 5..r .5,.r .ate 1: rte, i. •tw , rum r L1 W P�i1�ll 4, OT &L 1$ 0 �...` L..OT J ¢ h,42 b _ a q ' ' I .LAT 42A LOT a 13 M.- ".PSI – .I ML Appendix C — Letter to Committee of Adjustment from Applicant Drs. Alison Salhani and Andrew Stewart (2662671 Ontario Ltd) 335 Lancaster Street West Kitchener, ON N2H 4V4 October 29, 2020 To the Members of the Committee of Adjustments: RE: A 2020-080 - 335 Lancaster Street West We are writing regarding your upcoming meeting on November 17, 2020 during which we hope you will be able to accept our request for relief from Section 6.1.2 (a) of the Zoning By-law to permit our health office to have 8 parking spaces instead of the required 17 spaces. First, let us say thank you for the time and consideration you have put forth regarding our application. We appreciate the time you spent on our case at the meeting in October, as well as the time you will spend in the upcoming meeting after your decision was deferred. We purchased the building at 335 Lancaster Street West in August, 2020, in the hopes of making this building home to our small Obstetrics and Gynecology practice. It is our hope that we will be able to use this space to provide obstetrical care to the women of Waterloo Region, and their unborn babies. We both also have a strong belief that Women's Health in this Region must be supported, and we pride ourselves in contributing to that end. Our plan for this site is to build a medical clinic with 6 examination rooms on the main floor. The basement is going to be used for storage and some private work space for us to do administrative work when we are not seeing patients. We each use clinic space approximately 2 days each week to see patients. The remainder of our time is spent providing inpatient care at Grand River Hospital (KW Site), either in Labour and Delivery, on Call, or in the Operating Room. In general, we try to work independently, so there is only one physican working in the office at a time. All six examination rooms would only be in use on the rare occasions (perhaps 2-3 times per month) when we are both seeing patients in the office at the same time. Most of the time, two to three rooms would be occupied by patients at any one time. On most weeks, there will be 2-3 days the clinic will be in use for 2-3 patients at a time. Except in exceptional cases, women come to the clinic alone. Many are dropped off for their appointments by a loved one, or use public transit. Some drive themselves, and will of course require parking. We have one full time administrative assistant, who works in the office 5 days a week. We do employ part time nursing to assist with clinics. We understand your concerns with respect to the number of on-site parking spaces available for patients. We hope that you can accept our proposed parking plan, and will allow us this variance to decrease our required on-site parking spaces from 17 to 8. Our plan is as follows: • All 8 parking spots will be made available to patients. Our staff will not occupy any of the 8 spots. We will expect our staff to take public transportation, be dropped off at work, or make arrangements for legal, off-site parking. We, the physicians, will do the same. Appendix C — Letter to Committee of Adjustment from Applicant As per the submitted site plan, there is enough room for 8 parking spots behind the building, all of which meet the required specifications. These have been painted out on the property. There is 2 -sided street parking behind the neighbouring plaza on Bond St. We anticipate that many patients will use public transit, or be dropped off and picked up at the clinic. We feel that with the above in mind, the 8 existing spots should provide adequate on-site parking to serve our patient population. For this reason, we feel it is unnecessary to enter into an agreement, formal or informal, with the neighbouring plaza owner to use or rent parking spaces in the neighbouring plaza parking lot. Further, we are unable to accommodate the Committee's suggestion to register the plaza owner on the Title of our property. Scotiabank, our lender, will not allow anyone else on the title of the property without reapplying for financing. We also worry this may be a detrimental infringement on our ability to sell the property in the future. Frankly, it may also infringe on our neighbours' ability to do the same. We hope that the explanation provided in this letter, along with the updated site plan, will be deemed of adequate merit for the Committee of Adjustments to accept our application for variance so that we can open our small medical clinic at 335 Lancaster Street West with 8 on-site parking spots. Sincerely, Alison Salhani Andrew Stewart Staff Report Development Services Department 1 K�_R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: October 20, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 10 DATE OF REPORT: October 9, 2020 REPORT #: DSD -20-166 SUBJECT: A2020-080 — 335 Lancaster Street West Owner — Dr. Andrew Stewart & Alison Salhani Approve with condition AS AMENDED ,f # � Subject Property vwwr *1� LU REPORT Planning Comments: Location Map: 335 Lancaster Street West The subject property located at 335 Lancaster Street West is designated Mixed Use in the City's Official Plan. In Zoning By-law 85-1, the property is zoned Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R. In Zoning By-law 2019-051 (currently under appeal), the property is zoned Mixed Use One (MIX -1). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The subject property contains an existing one -storey building which is proposed to be converted, via Building Permit, to a Health Clinic / Health Office. Through review of the Building Permit, a parking deficiency has been flagged. There are only 8 parking spaces available on the property. In Zoning By- law 85-1, 17 parking spaces are required, and in Zoning By-law 2019-051, 14 spaces would be required. A minor variance request has been made to facilitate the use of the building as a Health Office/Clinic. Amendment to Variance Request The initial variance request only applied to Zoning By-law 85-1. Staff recommends that the minor variance request also apply to Zoning By-law 2019-051. While By-law 2019-051 is currently under appeal, 14 parking spaces would be required under that By-law, and the 8 spaces on the site would not be enough to meet the requirement. As such, staff recommends that the formal request be AMENDED to expand the variance request to also apply to Zoning By-law 2019-051. Staff is of the opinion that sufficient notice was given for the minor variance application and the inclusion of a variance to By-law 2019-51 has no impact on the overall nature of the application. As such, relief is requested from Section 6.1.2 a) of the Zoning By-law 85-1 and Section 5.6 of Zoning By-law 2019-051 to permit a 262 square metre building to be used as a Health Clinic and/or Health Office to have 8 parking spaces, rather than the required 17 spaces (By-law 85-1) or 14 spaces (By-law 2019- 051). City Planning staff conducted a site inspection of the property on October 7, 2020 In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent and Purpose of Official Plan Test The subject property is designated Mixed Use in the City's Official Plan. The intent of this designation is to achieve an appropriate mix of commercial, residential and institutional uses. The site is well served by transit and the proposed commercial use is in keeping with the designation. As such, the requested variance to reduce the amount of required parking is in keeping with the general intent of the Mixed Use designation. 2. General Intent and Purpose of Zoning By-law Test The purpose of the parking space requirement is to ensure that sufficient parking spaces are available for uses on a property. Staff is satisfied that the reduction in required parking spaces from 17 spaces (By-law 85-1) / 14 spaces (By-law 2019-051) to 8 spaces meets the general intent and purpose of the Zoning By-law as the site is well -served by transit within nearby neighbourhoods. Further, the applicant has indicated that there is an informal agreement between the subject property and the neighbouring plaza to allow for use of some of the plaza spaces in cases of overflow. Staff has no concerns with the number of available parking spaces (8) for this building and its uses. 3. "Minor" Test The variance can be considered minor as the reduced parking space requirement is warranted as the site is well -served by other transit. Further, the applicant has indicated that a maximum of 4-6 patients are likely to be in the office at any one time, which should allow the building to function with only 8 parking spaces. Staff is satisfied that the parking reduction is minor. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the requested parking reduction will facilitate a permitted use in an existing building, and staff is satisfied that there will continue to be sufficient parking spaces available for the building, as it is well served by transit. Based on the foregoing, Planning staff recommends that this application be approved with one condition AS AMENDED. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Based on staffing and patient model of the medical use, existing on -street parking available in the area, coupled with justification from the applicant noting that there are many patients that use public transit and are also dropped off and picked up from the site by someone, Transportation Services can support the proposed reduction in parking being proposed. Heritage Comments: No Heritage Planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-080 requesting relief from Section 6.1.2 a) of the Zoning By-law 85-1 and Section 5.6 of Zoning By-law 2019-051 to permit a 262 square metre building to be used as a Health Clinic and/or Health Office to have 8 parking spaces, rather than the required 17 spaces (By-law 85-1) or 14 spaces (By-law 2019-051), be APPROVED AS AMENDED, subject to the following condition: a. That the minor variance to Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2019-051 comes into force, pursuant to Section 34 (30) of the Planning Act, R.S.S. 1990, c. P 13, as amended, and the variances shall be deemed to have come into force as of the date of this decision, C a L, ZN-R Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo September 30, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 7) St. John Bapt. Romanian, 1996-053 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 — 56 Roos Street — No Concerns. 2) A 2020-075 — 44 Martin Street — No Concerns. 3) A 2020-076 — 632 Beckview Crescent — No Concerns. 4) A 2020-077 — 177 Wilderness Drive — No Concerns. 5) A 2020-078 — 28 Valencia Avenue — No Concerns. 6) A 2020-079 — 368 Wellington Street North — No Concerns. 7) A 2020-080 — 335 Lancaster Street West — No Concerns. 8) A 2020-081 — 825 King Street West — No Concerns. 9) A 2020-082 — 293 Blucher Boulevard — No Concerns. 10) A 2020-083 — 44 Breithaupt Street — No Concerns. 11) A 2020-084 — 517 Old Cottage Close — No Concerns. 12) A 2020-085 & A2020-086 — 124 Mill Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any Document Number: 3413295 Page 1 of 2 successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 October 8, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: October 20, 2020 Committee of Adjustment Meeting Applications for Minor Variance If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-033 4 Westgate Walk B 2020-039 518 Bridgeport Road East B 2020-040 518 Bridgeport Road East B 2020-041 122-124 Mill Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Ki i I IENER CommunityServicces Department www.kirchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment November 17, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 2 November 6, 2020 DSD -20-181 A 2020-087 — 380 Grand River Boulevard Applicant: Marley Bernier Owners — Lauri Ann and Mark Panchaud Recommendation: Approve Photo 1: Aerial photo REPORT Planning Comments: The property is zoned R-3 (Residential Three) in By-law 85-1 and designated as Low Rise Residential in the Official Plan. It is located on the south side of Grand River Boulevard between Manitoulin Crescent and Wyandotte Court. Staff visited the site on November 6, 2020. The owner is requesting permission to legalize an existing single detached dwelling having the required off-street parking located 2.3 metres from the property line rather than the required 6 metres; and to allow an easterly driveway widening of the same material having a length of 2.5 metres rather than the required 5.5 metres. Photo 2: November 6, 2020. Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. General Intent of the Official Plan The subject property is designated Low Rise Residential. The intent of the designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The existing use of the property as a single detached dwelling with a minimum of one legal parking space achieves this intent and therefore it is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation for the legal off-street parking space to be located 6 metres from the front lot line is to ensure that parking spaces for dwellings are not all located 0 m from the front lot line which would result in vehicles dominating the streetscape. In addition, having the minimum 6 -metres setback provides for a second parking space for the occupants. The proposed setback of 2.3 metres provides an adequate buffer so that the parking spaces is not negatively impacting the streetscape. The intent of the regulation for a driveway widening to be a minimum of 5.5 metres in depth is to ensure that a vehicle parked on the widened area does not encroach or overhang over a City sidewalk. The widened area is existing as the owners had original proposed extending the driveway along the side of the house to provide the 6 -metre setback for the legal off-street space instead of in the garage. However, they now wish to instead legalize an off-street parking space to be located in front of the former garage. This results in the shortened driveway widening. To length the area would require removing an existing tree (see photo 2). It is noted that in the future, should the occupants wish to length the widened area there is opportunity to do that. In the meantime, the intent of the regulation is met, as a vehicle can park on the area and not encroach onto the City sidewalk as shown in the photo. It is noted that the existing driveway width meets the maximum width regulation for a driveway on this property (which is half the frontage). Minor As noted above, both variances meet the intent of the bylaw and for the same reasoning may be considered minor. Appropriate Development The first variance provides some setback and the second request does not impact the use of the City sidewalk. Consequently, the requests may be considered appropriate development for the subject property and the neighbouring streetscape. Based on the foregoing, Planning staff recommends that this application be approved as outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Permit #20-105297 has been issued (for main floor renovations and converting a portion of the garage to heated living space at a single detached dwelling). Revised permit drawings required. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. RECOMMENDATION: That application A 2020-087 requesting permission to legalize an existing single detached dwelling having the required off-street parking located 2.3 metres from the property line rather than the required 6 metres; and to allow an easterly driveway widening of the same material having a length of 2.5 metres rather than the required 5.5 metres; be approved, subject to the following conditions: 1) That revised drawings be submitted for the issued building permit #20-105297 to the satisfaction of the Building Division; and, 2) That condition 1 above be completed by March 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. Sheryl Rice Menezes, CPT Planning Technician (Zoning) dhka, 1"� Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: www.kitch ever. ca Committee of Adjustment November 17th, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Planner — 519-741-2200 ext. 7860 1 November 6th, 2020 DSD -20-182 A2020-088 — 339 Rosemount Drive Applicant — Rodney Friesen on behalf of Jorge Gomez Recommendation: Approval Location Map: 339 Rosemount Drive REPORT Planning Comments: The subject property located at 339 Rosemount Drive is zoned Residential Three (R-3) in the Zoning By- law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. convert the single detached dwelling to a duplex dwelling. By converting the single detached dwelling to a duplex dwelling the subject property can no longer meet the requirements of Section 6.1.1.1 b i) of the Zoning By-law. The applicant is requesting relief from Section 6.1.1.1 b i) of the Zoning By-law to allow the one required parking space for the proposed duplex to be located in the driveway setback 2.0 metres from the street line rather than the required 6.0 metres. City Planning staff conducted a site inspection of the property on November 3, 2020. 339 Rosemount Drive In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the City's Official Plan. This designation permits lower density forms of housing such as duplex dwellings. The intent of the Official Plan is to encourage a range of different forms of housing and supports a mix of residential uses at a lower intensity. The proposed variance to legalize the location of the one required parking space in the driveway for a duplex dwelling meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested variance to legalize the off-street parking space 2.0 metres from the street lot line meets the general intent of the Zoning Bylaw. The reduction of 4.0 metres from the required 6 metres is minor. The intent of the 6.0 metre required setback is to allow for a vehicle to be parked on the driveway safely, without affecting the City right-of-way and surrounding properties. The current driveway is double wide which can accommodate 2 cars side by side. As the second parking space is located in the driveway and setback 2.0 metres from the street line, there are no impacts anticipated on adjacent residential properties. Application is Minor 3. The variance can be considered minor as it is the opinion of staff that the required parking space for the duplex can be accommodated on site in a safe manner. The reduced setback for the required parking space will not present any significant impacts to adjacent properties and the overall neighbourhood. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variance should not impact any of the adjacent properties or the surrounding neighbourhood. i i i i ------------- I Proposed parking space locations — 339 Rosemount Drive Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning has no concerns with this application. RECOMMENDATION That minor variance application A2020-088 requesting relief from Section 6.1.1.1 b) i) to allow the required parking space for a duplex dwelling to be setback 2.0 metres from the street line rather than the required 6.0 metres, be approved. rr� Tim Seyler, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: www.kitch ever. ca Committee of Adjustment November 17, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Katie Anderl, Senior Planner — 519-741-2200 ext. 7987 #10 November 17, 2020 DSD -20-183 A2020-089 — 34 Dunham Ave Owner — Adelaide Afonso & Thomas Gasselle Recommendation —Approve Photo 1: 34 Dunham Avenue (photo taken October 22, 2020) *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Ill Y50I . '�� a ...`-.,. # it .. Y _ „ -• � Y .:. � ,y N :�- i, r. ��} 1- � R.. }�"4' Id.+,. ti.±-+y:'r �,� � � i w� Za}5; ��`.•1`._ ' �--- .� r----------- �,------------1{�' --`.* --� KE r` ,'i`iARG k r Y - Yh I '•� c kva nett CA. +.ori I �c r fIr P "�s rt ,tiv�'i I LSO .. �,�, a'S' 4.h � } •`/tial' I � 4 ' —BACK ,r . i I 7 F-iG ExSnG1-QIAE-- r_ 4�A. I waxy oxax�l ARE.; a5ss4 M77j ,.. I � { "sem x{ .ac — — -----------------J MEWS -AK _ r W11'10E Site Plan: 34 Dunham Ave REPORT Planning Comments: The subject property is located at 34 Dunham Avenue. The lands are zoned Residential Five Zone (R- 5) and contain a duplex. The applicant is proposing to add a two storey addition in the rear yard, using a foundation which was constructed by a previous owner. City staff is not aware of any previous variances sought by the previous owner for the foundation and a building permit was not issued. As such the existing foundation and basement will need to be reviewed to confirm that they will comply with current building code requirements. This will be addressed through the building permit process. The foundation and proposed addition are in-line with the existing building, as shown in the photo below. A duplex requires 2 parking spaces which are accommodated in an existing 2 car detached garage located in the rear yard and additional space is located in the driveway in front of the garage (see site r— r` A duplex requires 2 parking spaces which are accommodated in an existing 2 car detached garage located in the rear yard and additional space is located in the driveway in front of the garage (see site plan above). Access to the garage is via an informal mutual driveway shared with 30 Dunham Avenue. No right-of-way or easement is registered on title of either benefitting property, however the mutual driveway function is acknowledged on historic survey plans. Transportation Services staff is satisfied that the proposed driveway width of 2.3m will provide sufficient space for a vehicle to pass between the house and the property line to access parking in the rear yard should the mutual driveway function ever cease. Required parking is not located between the building and the property line and therefore the width does not need to include space to open doors or load/unload the vehicle. The owners of 34 Dunham Ave may wish to pursue a right-of-way with the neighbouring property owner to formalize the mutual driveway in perpetuity, however this is not recommended as a condition of the subject variance. More specifically, the Owner is requesting the following minor variances: 1. Relief from section 39.2 to permit a side yard setback of 2.3m whereas 3.0 m is required; and 2. Relief from section 6.1.1.1 b) ii) b) to permit a driveway to have a minimum width of 2.3 metres rather than 2.6 m. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. General Intent of the Official Plan The subject lands are designated Low Rise Residential in the Official Plan, and the proposed land use is consistent with this land use designation. OP Parking policies require that parking facilities be designed to accommodation the safe and efficient movement of vehicles. Transportation Services staff is satisfied that the proposed 2.3 metre setback provides sufficient driveway width to allow vehicles to manoeuvre to the require parking spaces which are located in the back yard. Staff is of the opinion that the proposed variances maintain the general intent of the Official Plan. General Intent of the Zoning By-law The intent of setback and driveway width requirements are to ensure that there is sufficient space for a vehicle to park, and for the driver and passengers to load and unload from the vehicle. As the required parking is provided behind the dwelling and proposed addition, the driveway width must only accommodate for vehicles to pass between the house and the property line. Transportation Services has advised that most passenger vehicles have an overall width less than 2.3 metres and confirm that the proposed setback is adequate. Based on the foregoing staff is of the opinion that the proposed variances main the general intent of the Zoning By-law. Is the Variance Minor? Staff is of the opinion that the variances are minor. The proposed reduction will allow the addition to be constructed in-line with the existing dwelling, and subject to Building's review through the permit process, using the foundation previously constructed. The dwelling and garage were originally constructed in about 1948 and the lot has existed with the current driveway configuration since that time with no record of concern or complaint. Should the informal mutual driveway arrangement ever cease to exist the proposed setback will provide sufficient width for a standard passenger vehicle to pass between the house and property line. Staff note that an air-conditioning unit and side entrance stairs encroach into the driveway and will need to be relocated if the mutual driveway function ceases. Is the Variance Appropriate? Staff is of the opinion that the variance is appropriate for the development and use of the lands. The proposed variances will legalize the existing dwelling and width of the driveway, and will permit the proposed addition. This will allow the current owner to make improvements and enhancements to the property and the existing duplex dwelling. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition is obtained prior to construction. Please contact the Building Division @ build ing@kitchener.ca with any questions. Transportation Services Comments: Given that the shared driveway situation has existed for some time, Transportation Services does not have any concerns with the proposal for a reduced driveway width of 2.3m. There is also no change to the number of units on the subject property which means there will be no additional traffic to and from the site. While a 2.3m driveway should be able to accommodate most passenger vehicles, it should be of note to the applicant that a shared access agreement/easement would be beneficial to both parties long term as this would formalize the ongoing agreement should ownership change in the future for either properties. This agreement would not, however, be a condition of this application. Engineering Comments: Engineering has no comments or concerns. RECOMMENDATION That application A2020-089 requesting relief from section 39.2 to permit a side yard setback of 2.3 m whereas 3.0 m is required; and from section 6.1.1.1 b) ii) b) to permit a driveway to have a minimum width of 2.3 m rather than 2.6 m, be approved. r Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 7 DATE OF REPORT: November 4, 2020 REPORT #: DSD -20-184 SUBJECT: A2020-090 — 305 Driftwood Drive Owner — Meaghan Campbell & Matthew Feetham Approve with conditions M1 Subject Property OWN_ Location Map: 305 Driftwood Drive REPORT Planning Comments: The subject property located at 305 Driftwood Drive is zoned Residential Three (R-3) in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant was issued a permit to construct a new pool on the subject property and construction is well underway. After the fact, it was *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. discovered that the rear yard of the property encroaches into City land to the rear, which is a public park. Several other properties on Driftwood Drive also encroach. The applicant and staff from several city departments engaged in discussions on the matter, and it was determined that the City could support the continued encroachment provided an encroachment agreement is entered into with the City. Aerial image of subject property and diagram of proposed pool With respect to zoning, a pool requires a 0.6 metre rear yard setback. Due to the property owner being unaware of the encroachment issue, the pool has been built with no rear yard setback. As such, the applicant is requesting relief from Section 5.6A.5 of the Zoning By-law to permit a pool to be 0 metres from the rear lot line, whereas 0.6 metres is required. City Planning staff conducted a site inspection of the property on October 27, 2020. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent and Purpose of Official Plan Test The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low-density neighbourhood. The requested variance is appropriate, as the reduced pool setback will not impact the low-density character of the neighbourhood, and the general intent and purpose of the Official Plan is maintained. PIN 22464-0178 {LT) FENCE N36 17'45 W 13 716 FENCE 1.5 NE [PI &SETf (P] &SET] GATE 1.7 ME FENCE ". fk FEK, FENCE X08 SE DAb SE Ep SIB �':°' POOL POC}L POOL j MMM) 0.42N 0.4fi NE D.50 NE .. INGROU ID POOL . {{99 F NCE 4�NCREfE POO_ oo I (�p1 � f0 W NECK pp I dCi FENCE 064 NW —��- M - WALKWAY 0.065E Aerial image of subject property and diagram of proposed pool With respect to zoning, a pool requires a 0.6 metre rear yard setback. Due to the property owner being unaware of the encroachment issue, the pool has been built with no rear yard setback. As such, the applicant is requesting relief from Section 5.6A.5 of the Zoning By-law to permit a pool to be 0 metres from the rear lot line, whereas 0.6 metres is required. City Planning staff conducted a site inspection of the property on October 27, 2020. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent and Purpose of Official Plan Test The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low-density neighbourhood. The requested variance is appropriate, as the reduced pool setback will not impact the low-density character of the neighbourhood, and the general intent and purpose of the Official Plan is maintained. 2. General Intent and Purpose of Zoning By-law Test The requested variance to locate a pool 0 metres from the rear lot line, whereas a minimum of 0.6 metres is required, meets the general intent and purpose of the Zoning By-law. The purpose of the 0.6 metre requirement is to provide sufficient distance between the pool and the property line to facilitate maintenance around the perimeter of a pool. In this case, sufficient space will be provided around the perimeter of the pool to allow for maintenance (etc.), though that space will be provided on City -owned land. Permission to allow the pool on this space is proposed to be secured through an encroachment agreement which has been added as a condition of approval. 3. "Minor" Test The variance can be considered minor as the reduced pool setback to the rear lot line will not impact how the property can be used, or how the neighbourhood functions. Several lots on this street have been existing for some time with a rear yard encroachment onto City land, and the City is supportive of `legalizing' these encroachments. In many respects, the status quo will be maintained, despite the legalization, as the encroachment has been existing for some time. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the proposed pool and general use of the rear yard is consistent with the low-density development of the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved with condition. Building Comments: The Building Division has no objections to the proposed variance. Permit has been issued. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage has no concerns with the proposed variance. Environmental Comments: No environmental planning concerns, subject to a condition being imposed that they are required to enter into an encroachment agreement with the City. RECOMMENDATION A. That Minor Variance Application A2020-090 requesting relief from Section 5.6A.5 of the Zoning By-law to permit a pool to be 0 metres from the rear lot line, whereas 0.6 metres is required, BE APPROVED subject to the following condition: 1. That the Owner enter into an encroachment agreement with the City of Kitchener to locate a portion of a pool, any related landscaping, any fencing, and any other similar features that are located on land owned by the City, to the satisfaction of the City Solicitor; Richard Kelly -Rue z, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff RepoifK�i-'(]HF:NF R Development Services Department wwwkitchener.a REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070 WARD: 10 DATE OF REPORT: November 10, 2020 REPORT NUMBER: DSD -20-185 SUBJECT: Application A2020-091 12 Rose Street Owner - Adam Patrick Hirdes Applicant — Steven Ross, Duncan, Linton LLB Approve Subject Property: 12 Rose Street Staff Repoif K„4_,( FK Development Services Department wwwkitchener.ca Report: The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as Residential Four (R-4) in Zoning By-law 85-1. Minor Variance Application A2020-091 requests relief from Section 38.2.1 to permit a front yard setback of 2.94 metres for the enclosed porch, whereas the minimum front yard setback is 3.93 metres and the maximum setback is 5.93 metres. The application also requests permission for a variance from Section 5.6A.4 to permit a deck with a setback of 1.48 metres whereas 3.0 metres is required. The original porch is enclosed and as per Section 5.6A.4.d of the Zoning By- law, is subject to the front yard setback. A site inspection was conducted on October 16, 2020. Existing Side Yard — 12 Rose Street Staff Report Development Services Department vex wwwkitchener. c a Existing Front Yard — 12 Rose Street Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent of the Official Plan The intent of the Low Rise Residential land use designation is to permit low density residential uses. The property is developed with a single detached dwelling. Low density residential uses, including single detached and duplex dwellings, are permitted in the Low Rise Residential land use designation. Planning Staff is of the opinion that the general intent of the Official Plan is maintained. 2. General Intent of the Zoning By-law The original porch was previously enclosed and has been recently renovated. The location of the front door has been relocated to the front of the enclosed porch and a new deck has been added in front of the enclosed porch. The intent of the front yard setback is to ensure a consistent street edge and the intent of the 3.0 metre setback for a deck is to ensure that the deck, and any required steps, does not impede the public sidewalk. In this case, the enclosed porch aligns with the setback of other Staff Report KN x Development Services Department wwwkitchener.ca covered porches on the street. The new deck has stairs leading to the side driveway and not out to the public sidewalk. There is a sufficient setback of the new deck from the public sidewalk. Planning Staff is of the opinion that the requested minor variance meets the general intent of the Zoning By- law. 3. Is the Variance Minor? The enclosed porch is existing and the proposed deck will not have adverse impacts to the adjacent property. The new deck provides an opportunity for private outdoor amenity to the front yard along the street. The requested variance is minor. 4. Is the Variance Appropriate? The reduction in setback from the enclosed porch and deck are appropriate. The new deck and relocated front door (to the front of the dwelling) will provide a more welcoming built from along street. The front yard is larger enough to accommodate a landscaped setback from the public sidewalk. Planning Staff is of the opinion that the variance is appropriate. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Staff completed a site visit and determined that the porch should not impede visibility for drivers reversing out of the driveway of 12 Rose Street. Given the existing nature of the new porch, Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no cultural heritage issues or concerns with this application. However, the applicant is advised that the property municipally addressed as 12 Rose Street is located within the Central Frederick Neighbourhood Cultural Heritage Landscape (CHL). The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased CHL conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Engineering Comments: Engineering has no comments or concerns. Environmental Planning Comments: Environmental Planning staff has no comments or concerns Staff Report vEiz Development Services Department wwwkitchener.ca RECOMMENDATION: Minor Variance Application A2020-091 requesting relief from Section 38.2.1 to permit a front yard setback of 2.94 metres for the enclosed porch, whereas the minimum front yard setback is 3.93 metres and the maximum setback is 5.93 metres, and requesting relief from Section 5.6A.4 to permit a deck with a setback of 1.48 metres from the streetline whereas 3.0 metres is required, be approved. Garett Stevenson, B.E.S., MCIP, RPP Senior Planner d�h� ta ka� Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 2 DATE OF REPORT: November 4, 2020 REPORT #: DSD -20-186 SUBJECT: A2020-092 — 180 Grand Flats Trail Owner — Milestone Developments Inc. Applicant — Patrick Haramis (ACI Surveying) Approve 1 STs tyeT kV 3,if1 1 s3Lin 'Subject Proper y r .I 7I2 184 180 Location Map: 180 Grand Flats Trail REPORT Planning Comments: The subject property located at 180 Grand Flats Trail is zoned Residential Four (R-4) with Special Regulation Provision 597R in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is constructing a new dwelling on the subject property and is requesting relief from Section 38.2.1 of the Zoning By-law to have a side yard abutting a street of 3.71 metres rather than the required 4.5 metres, and relief from Section 38.2.1 to have a rear yard of 7.07 metres rather than the required 7.5 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. City Planning staff conducted a site inspection of the area on October 27, 2020. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. General Intent and Purpose of Official Plan Test The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low-density neighbourhood. The requested variances are appropriate, as the reduced side yard abutting a street and reduced rear yard setback will maintain the general intent and purpose of the Official Plan and is consistent with the low-density character of the neighbourhood. 2. General Intent and Purpose of Zoning By-law Test The requested variance to permit a side yard abutting a street of 3.71 metres rather than the required 4.5 metres meets the general intent and purpose of the Zoning By-law. The purpose of the setback is to provide a consistent streetscape, and the 0.79 metre reduction will not impact the streetscape in a significant way. The requested variance to allow a reduced rear yard of 7.07 metres rather than 7.5 metres meets the general intent and purpose of the Zoning By-law. The purpose of the rear yard setback is to provide enough outdoor amenity space for a property. Staff is satisfied that with the 7.07 metre rear yard setback, there will be enough amenity space for the property owner to enjoy. 3. "Minor" Test The variances can be considered minor as the reduced side yard abutting a street and the reduced rear yard setback will not impact how the property can be used, or how the neighbourhood functions. All reductions are relatively small and staff has no concerns with the requests. 4. Desirability for Appropriate Development or Use Test The requested variances are appropriate for the development and use of the land, as the proposed single detached dwelling is consistent with the low-density development of the neighbourhood, and the reduced setback to the side lot line abutting a street and reduced rear yard setback will not impact the neighbourhood in a significant way. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage has no concerns with the proposed variance. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-092 requesting relief from Section 38.2.1 to have a side yard abutting a street of 3.71 metres rather than the required 4.5 metres, and relief from Section 38.2.1 to have a rear yard of 7.07 metres rather than the required 7.5 metres, BE APPROVED. t Richard Kelly -Rue z, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 2 DATE OF REPORT: November 6, 2020 REPORT #: DSD -20-187 SUBJECT: A2020-093-41 Valleybrook Drive Applicant — Patrick Haramis, ACI Surveying on Behalf of Milestone Developments Inc. Recommendation: Approval 30 34 REPORT Planning Comments: 38 42 45 41 49 53 57 Location Map: 41 Valleybrook Drive The subject property located at 41 Valleybrook Drive is zoned Residential Four (R-4) in the Zoning By- law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. build a single detached dwelling and cannot meet the requirements of Section 38.2.1 of the Zoning By- law. The applicant is requesting relief to allow a minimum side yard setback of 1.26 metres rather than the required 1.5 metres, when the opposite side yard setback is between 0 — 0.2 metres. City Planning staff conducted a site inspection of the property on November 3, 2020. 41 Valleybrook Drive In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced side yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The current R-4 zoning requires a 1.5 metres setback from the side lot line when the other side yard setback is 0-0.2 meters from the property line to ensure there is adequate access to the rear yard. The property in question will be developed with a single detached dwelling and given the angled configuration of the lot, the reduction in the side yard setback will have a minimal effect as there is also an easement on the adjacent property that allows for further accessibility. As such, staff is satisfied the requested variance to reduce the side yard setback to 1.26 metres whereas 1.5 metres is required meets the general intent of the Zoning By-law. Application is Minor 3. The proposed reduction in the side yard setback will be negligible and will not impact the neighbourhood. Therefore, Staff is of the opinion that the requested variance is minor. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. r• ; 0 co n N2i•26'45'4y LC?T 54 Piaci SSR -30492 f3sernrnts for Accefs 31-513 �,L/f faachrr�nr I 0.23 LOT 53 Prop�s2d Oweriing +t 7,67 ~ N II N26 I LOT 143 LCAT 144 d _JL II LOT 145 Proposed Single Detached Dwelling — 41 Valleybrook Drive Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2020-093 requesting permission to build a single detached dwelling to have a side yard setback of 1.26 metres rather than the permitted 1.5 metres, be approved. Tim Seyler, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department A- www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 2 DATE OF REPORT: November 6, 2020 REPORT #: DSD -20-188 SUBJECT: A2020-094-53 Valleybrook Drive Applicant — Patrick Haramis, ACI Surveying on Behalf of Milestone Developments Inc. Recommendation: Approval 132 128 124 18 r )4 120 22 30 57 53 61 26 34 49 45 30 41 38 42 ko.d under u+rran., -ti Location Map: 53 Valleybrook Drive REPORT Planning Comments: The subject property located at 53 Valleybrook Drive is zoned Residential Four (R-4) in the Zoning By- law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. build a single detached dwelling and cannot meet the requirements of Section 38.2.1 of the Zoning By- law. The applicant is requesting relief to allow a minimum side yard setback of 1.0 metres rather than the required 1.2 metres. City Planning staff conducted a site inspection of the property on November 3, 2020. 53 Valleybrook Driv In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The current R-4 zoning requires a 1.2 metres setback from the side lot line to ensure there is adequate access to the rear yard. The property in question will be developed with a single detached dwelling and the reduction in the side yard setback will have a minimal effect as there is also a 1.5 metre easement on the opposite side of this property that allows for further accessibility. As such, staff is satisfied the requested variance to reduce the side yard setback to 1.0 metres whereas 1.2 metres is required meets the general intent of the Zoning By-law. Application is Minor 3. Given the shape of the lot, the proposed reduction in the side yard setback at its narrowest point will be negligible and will not impact the existing neighbourhood. Therefore, Staff is of the opinion that the requested variance is minor. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. rn 0 W m > r 0 to I o Proposed OweNing J L CVu w n �_----� --&22-- _ ,M V i 4 J a_is II o i �'--- JL------ o z 10.00— Pq t 2P-6.rg— J — _J Part 19 N12"28'35"W rl—ssR-zrie_9a 33.848 LOT 5 a fasewetn forskccesa and £ncroachnifnf Proposed Single Detached Dwelling — 53 Valleybrook Drive Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2020-094 requesting permission to build a single detached dwelling to have a side yard setback of 1.0 metres rather than the permitted 1.2 metres, be approved. Tim Seyler, BES Planner I // , t Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department 1 :.x www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668 WARD: 3 DATE OF REPORT: November 10, 2020 REPORT #: DSD -20-189 SUBJECT: A2020-095 — 236 Woodhaven Road Owner — Anishnabeg Outreach Approve Subject to Conditions Figure 1. Subject property (outlined in white), shown in the midst of a low density residential neighbourhood. Wilson Public School property boundary is shown at the top of the aerial photo. REPORT Planning Comments: The subject property is located on Woodhaven Road, between Siebert Avenue and Maywood Road, in the Vanier Planning Community. The property contains a building originally constructed / used as a religious institution. The main building and property are now occupied by Anishnabeg Outreach (also known as AO) and used for institutional purposes. Since AO purchased the property two years ago, it has undertaken several improvements, including repaving and restriping the parking lot, establishment of gardening beds, concrete walkway construction and repair. An unmodified shipping container and an accessory building are located at the northeast corner of the property. A City -owned walkway is located *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. along the property's eastern property line, which connects Maywood Road to Woodhaven Avenue, and is used as a connection for elementary school students travelling to and from the nearby Wilson Avenue Public School. The property is in the midst of a low density residential neighbourhood that comprises mainly single detached dwellings. Single detached dwellings surround the subject property. The property is designated Low Rise Residential in the City's Official Plan and is zoned Neighbourhood Institutional Zone (1-1) with Special Use Provision 93U (By-law 85-1) and INS -1 (By-law 2019-051 — under appeal). Figure 2. The existing shipping container is shown at left and the existing detached accessory building is shown immediately to the right of the shipping container. Note that the proposed accessory building (modified shipping container) would be located to the right of the existing accessory building. AO is seeking minor variances to legalize the existing unmodified shipping container, which is considered outdoor storage under By-law 85-1 and 2019-051, and to legalize the rear and side yard setbacks for an existing accessory building. In addition, AO is seeking relief from side yard setback requirements to allow a new accessory building (modified shipping container). Note that an unmodified shipping container is not considered a building under the Building Code (OBC), whereas a modified (e.g., windows and/or doors cut into the sides) shipping container is considered a building and is subject to the OBC and zoning setback requirements. Instead, an unmodified shipping container is considered outdoor storage under the Zoning By-law, and not subject to zoning setback requirements. Specifically, AO is requesting the following variances (see plans attached to this report, which show the location of the shipping container and accessory buildings relative to other property features, lot lines, etc.): Variances from By-law 85-1: i. to legalize existing outdoor storage (i.e., an unmodified shipping container), whereas Section 31.3.4 does not permit outdoor storage of goods, materials or equipment, ii. to legalize a rear yard of 5.0 metres for an existing accessory building, whereas Section 31.3.4 requires a minimum of 7.5 metres, iii. to legalize a side yard of 1.5 metres for an existing accessory building, whereas Section 31.3.4 requires a minimum of 6.0 metres or one half the building height, whichever is greater, and iv. to allow a side yard of 4.8 metres for a proposed accessory building (i.e., modified shipping container), whereas Section 31.3.4 requires a minimum of 6.0 metres or one half the building height, whichever is greater. Variances from By-law 2019-051: i. to legalize existing outdoor storage (i.e., unmodified shipping container), whereas Section 11.5 does not permit outdoor storage, ii. to legalize an interior side yard setback of 1.5 metres for an existing accessory building, whereas Section 11.3 requires a minimum of 3.0 metres, iii. to legalize a rear yard setback of 5.0 metres for an existing accessory building, whereas Section 11.3 requires a minimum of 7.5 metres, iv. to legalize a yard setback abutting a lot zoned for a low density residential use of 1.5 metres for an existing accessory building, whereas Section 11.3 requires a minimum of 7.5 metres, and V. to allow a yard setback abutting a lot zoned for a low density residential use of 4.8 metres for a proposed accessory building (i.e., modified shipping container), whereas Section 11.3 requires a minimum of 7.5 metres, General Intent and Purpose of Official Plan Test The following Official Plan policies are applicable to the requested variances: 15.D.3.14. The predominant land use within the Low Rise Residential designation will be residential but it is intended that complementary non-residential land uses may be permitted to locate within this designation subject to any locational criteria and the appropriate zoning being in place. The City will encourage and support complementary non-residential land uses to be mixed with residential uses at a scale and in appropriate locations within low density residential areas subject to the Non -Residential Supporting Land Uses Policies 15.D.3.27 through 15.D.3.31 inclusive and the appropriate zoning. Non -Residential Supporting Land Uses 15.D.3.27. The City will support the integration of non- residential land uses, which are complementary and serve the needs of residents, at appropriate locations in the residential land use designations to support the development of a walkable and complete community. Within the Residential land use designations individual properties will be zoned to achieve an appropriate mix of uses that are compatible with the surrounding residential neighbourhoods. In this regard, the AO's use of the property is complimentary to the surrounding low density residential uses. It should be noted that the non-residential use of the property has been established for many years and the property is zoned for institutional uses. Planning staff is of the opinion that the variances meet the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The general intent and purpose of the regulations prohibiting outdoor storage is to prevent unsightly property conditions and poor property maintenance, especially for surrounding non-residential uses. In this case, the outdoor storage is geographically and dimensionally limited to an unmodified shipping container. The general intent and purpose of the minimum side and rear yard requirements is to ensure that the buildings on the property are adequately set back from adjacent residential uses. However, the main intent is not to regulate smaller, accessory buildings, but rather the principal buildings. Planning staff recommends a condition to require a wood fence to be constructed adjacent to the side and rear lot lines, in the vicinity of the accessory buildings and outdoor storage. The purpose of the fence would be to largely screen the view of the outdoor storage and accessory buildings from the adjacent residential uses. In addition, a condition to require approval of a Stamp Plan B Application to show the changes to the property is recommended. If these conditions are imposed, Planning staff is of the opinion that the variances will meet the general intent and purpose of the Zoning By-law. "Minor" Test The variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. The abovementioned conditions will ensure that the proposed outdoor storage and accessory buildings are compatible with the adjacent low density residential uses. Planning staff is of the opinion that the variances are minor. Desirability for Appropriate Development of the Land Test AO provides an extremely valuable service to the indigenous community and the region. The requested variances will allow the placement of outdoor storage and accessory buildings that will assist AO in providing a safe, secure, and convenient storage solution. The aforementioned conditions will ensure compatibility with adjacent uses. Planning staff is of the opinion that the variances are desirable for the appropriate development of the land. For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified, subject to the conditions outlined below. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the storage container is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Heritage Comments: No Heritage Planning concerns. Environmental Planning Comments: No Environmental Planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-095 requesting relief from By-law 85-1: i. to legalize existing outdoor storage (i.e., an unmodified shipping container), whereas Section 31.3.4 does not permit outdoor storage of goods, materials or equipment, ii. to legalize a rear yard of 5.0 metres for an existing accessory building, whereas Section 31.3.4 requires a minimum of 7.5 metres, iii. to legalize a side yard of 1.5 metres for an existing accessory building, whereas Section 31.3.4 requires a minimum of 6.0 metres or one half the building height, whichever is greater, and iv. to allow a side yard of 4.8 metres for a proposed accessory building (i.e., modified shipping container), whereas Section 31.3.4 requires a minimum of 6.0 metres or one half the building height, whichever is greater, be approved, subiect to the following conditions: 1. That the owner shall submit and obtain approval of a Stamp Plan B Site Plan Application, to the satisfaction of the City's Director of Planning. The Stamp Plan B shall address site features and changes related to the variances, such as fencing; landscaping; and location of outdoor storage, shipping containers, and accessory buildings. 2. That the owner will construct and maintain an approximate 2.6 metre (8.5 feet) high wood fence adjacent to the side and rear lot lines, in the vicinity of the existing unmodified shipping container, existing accessory building, and proposed accessory building, to the satisfaction of the City's Director of Planning. 3. That Conditions 1 and 2, above, shall be completed by December 1, 2021. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. B. That Minor Variance Application A2020-095 requesting relief from By-law 2019-051: i. to legalize existing outdoor storage (i.e., unmodified shipping container), whereas Section 11.5 does not permit outdoor storage, ii. to legalize an interior side yard setback of 1.5 metres for an existing accessory building, whereas Section 11.3 requires a minimum of 3.0 metres, iii. to legalize a rear yard setback of 5.0 metres for an existing accessory building, whereas Section 11.3 requires a minimum of 7.5 metres, iv. to legalize a yard setback abutting a lot zoned for a low density residential use of 1.5 metres for an existing accessory building, whereas Section 11.3 requires a minimum of 7.5 metres, and V. to allow a yard setback abutting a lot zoned for a low density residential use of 4.8 metres for a proposed accessory building (i.e., modified shipping container), whereas Section 11.3 requires a minimum of 7.5 metres, be aaaroved. subiect to the followina conditions and subiect to this minor variance becomin effective only at such time as Zoning By-law 2019-051 comes into force, pursuant to section 34 (30) of the Planning Act, R. S. O. 1990, c. P 13, as amended. At such time, the variance shall be deemed to have come into force as of the date of this decision. Further, should the regulations relatina to the reauested variance chanae prior to Zonina By-law 2019-051 comina into force. this variance shall be void 1. That the owner shall submit and obtain approval of a Stamp Plan B Site Plan Application, to the satisfaction of the City's Director of Planning. The Stamp Plan B shall address site features and changes related to the variances, such as fencing; landscaping; and location of outdoor storage, shipping containers, and accessory buildings. 2. That the owner will construct and maintain an approximate 2.6 metre (8.5 feet) high wood fence adjacent to the side and rear lot lines, in the vicinity of the existing unmodified shipping container, existing accessory building, and proposed accessory building, to the satisfaction of the City's Director of Planning. 3. That Conditions 1 and 2, above, shall be completed by December 1, 2021. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner Attach: • Appendix A — Small -Scale Plan Submitted with Application Form • Appendix B — Large -Scale Plan Submitted with Application Form ilou51:8 �NN �.'—.':'. :..L1AKtr C,pt,Ci'.1'314TLIii�t4p • ;_... _:.. .. A£SA.ft.. QF....tAL 05e.AP%V4C TG MIACGN.".E1lI�FS79fJ.G code. PA-0 a OF I<XISTINty Movir, E%. GONG w47E.T0 r_w'kLK P, 0WVVZ5Lr a.q •. i t a -.R 71• �1�.aPl�W1x. hS0.TGii cAtwC. !,.AWA I - --- rt 'Ri1.Qf. ATRO. �q �LXI'WriNG - �• O I 4� 49 NC. WALIUS �--LAMP Y6S7S �. - � PARIc9 c4 Z ` 4 t%PAN, JOINTS ►T95. FLX�4T._ F1tL1,lT,3RAi4. �"Al�I C.G• __ �f .. ` 1 R'B mQv N d p 22.+526 t' A4'SPWAt c- uar . Z � ai: A$Bt• PfLDY I C N>L W PF jODSAV.EN D� 6ay e t.bm 31 PAD MOWN 1�14I )vv 4,�u r A(c Rz�, .... All i T� L* to nwrs XPaN• 3tliWYO I'm mays -MA 14 E OF A3' P t µi►hiDtt�►i4.S W Ef P �Vaow% Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report KAmR Development Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Planner — 519-741-2200 ext. 7843 WARD: 1 DATE OF REPORT: November 9, 2020 REPORT #: DSD -20-190 SUBJECT: A2020-096 — 919 Eaglecrest Court Applicant — Karen Cramer Recommendation: Approval 60 411, 18 UI' ' 14 6 10 92Q 5 924 15- 2 s� 929 a 17 932 239 J3'I R-6� 06R. 347 R - U2: 23.9 - 927 F4 I 15 M 9 6 SL 11 50 a N G5 411, 18 UI' ' 14 6 10 92Q 5 924 15- 2 s� 929 a 17 932 239 J3'I R-6� 06R. 347 R - U2: 23.9 - 927 v=, Location Map: 919 Eaglecrest Court *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. F4 :04 M 9 6 50 a N G5 WGp GI 911 95 5 5l 414 13 a. I I v=, Location Map: 919 Eaglecrest Court *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 919 Eaglecrest Court is zoned Residential Six Zone (R-6) with Special Regulation Provision 306R and 307R in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on November 4, 2020. The applicant is requesting relief from Special Regulation Provision 307R of the Zoning By-law to allow a driveway to be 56% of the lot width rather than the maximum of 50%. Vacant Lot at 919 Eaglecrest Court (November 4, 2020) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to increase the width of the driveway on these properties is appropriate and will continue to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The intent of the maximum driveway width in Special Regulation Provision 307R of the Zoning By-law is to ensure that the driveway does not dominate the front of the dwelling and by extension, the streetscape. Firstly, the lot is pie shaped and narrows towards the front, so the driveway percentage calculation does not capture the full size of the lot as it widens considerably towards the rear lot line. In addition, the applicant is proposing a "tapered" driveway that narrows down to 6 metres in width within 3 metres of the front property line (seen in the proposed plan below). Staff is confident that this measure will ensure that the parking area will not dominate the streetscape. As such, staff is satisfied that the requested variance meets the general intent of the Zoning By-law. R= 20, 000 � STANDARD N54-37-45 A--9.333 4 3.28 C=9.254 N41-151 1"E v� p Kj 01 Z 6.00 , f' PRCROSED is o • DRIVE=WAY UD 15.24 S.63 ===M4.1'? 1.'� 4 a R Wi Proposed Plan Showing Tapered Driveway Is the Variance Appropriate? 3. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. All homes on this Court are to be designed with three -car garages and similar sized driveways. Therefore, the variance is appropriate for the development and use of the land. Is the Variance Minor? 4. The increase in driveway width percentage is only 6% and is skewed by the pie shape of the lot. Staff is of the opinion that this increase is minor and will not cause any adverse impacts to neighbouring properties. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-096 requesting permission to construct a single detached dwelling having driveway to be 56% of the lot width rather than the maximum of 50% be approved. Eric Schneider, MCIP, RPP Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: J K Yi- x wwwkitch ever. ca Committee of Adjustment November 17, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Planner — 519-741-2200 ext. 7843 1 November 9, 2020 DSD -20-191 A2020-097 — 923 Eaglecrest Court Applicant — Karen Cramer Recommendation: Approval Location Map: 923 Eaglecrest Court *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6 909 n p Pd IN 4S a n a A, r, ' 69 f Location Map: 923 Eaglecrest Court *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 923 Eaglecrest Court is zoned Residential Six Zone (R-6) with Special Regulation Provision 306R and 307R in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on November 4, 2020. The applicant is requesting relief from Special Regulation Provision 307R of the Zoning By-law to allow a driveway to be 56% of the lot width rather than the maximum of 50%. Vacant Lot at 923 Eaglecrest Court (November 4, 2020) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to increase the width of the driveway on these properties is appropriate and will continue to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The intent of the maximum driveway width in Special Regulation Provision 307R of the Zoning By-law is to ensure that the driveway does not dominate the front of the dwelling and by extension, the streetscape. Firstly, the lot is pie shaped and narrows towards the front, so the driveway percentage calculation does not capture the full size of the lot as it widens considerably towards the rear lot line. In addition, the applicant is proposing a "tapered" driveway that narrows down to 6 metres in width within 3 metres of the front property line (seen in the proposed plan below). Staff is confident that this measure will ensure that the parking area will not dominate the streetscape. As such, staff is satisfied that the requested variance meets the general intent of the Zoning By-law. 9..250 -187 P, 540 '45 E 3.393 I i0 PROPOSED 0i ORIVEWAY li�_ 16,00 1-24 62 x) " r � �yqj � Proposed Plan Showing Tapered Driveway Is the Variance Appropriate? 3. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. All homes on this Court are to be designed with three -car garages and similar sized driveways. Therefore, the variance is appropriate for the development and use of the land. Is the Variance Minor? 4. The increase in driveway width percentage is only 6% and is skewed by the pie shape of the lot. Staff is of the opinion that this increase is minor and will not cause any adverse impacts to neighbouring properties. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-097 requesting permission to construct a single detached dwelling having driveway to be 56% of the lot width rather than the maximum of 50% be approved. Eric Schneider, MCIP, RPP Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department J KIT R wwwki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Planner — 519-741-2200 ext. 7843 WARD: 1 DATE OF REPORT: November 9, 2020 REPORT #: DSD -20-192 SUBJECT: A2020-098 — 928 Eaglecrest Court Applicant — Karen Cramer Recommendation: Approval rq 'f to �+ - ens n C 14 4r�{G`' S 5 • ca 923 - .R 7 932 55 919 - _. 14 R-8 30812, 307R 923 - 23- )2f z31 227 Location Map: 928 Eaglecrest Court *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 928 Eaglecrest Court is zoned Residential Six Zone (R-6) with Special Regulation Provision 306R and 307R in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on November 4, 2020. The applicant is requesting relief from Special Regulation Provision 307R of the Zoning By-law to allow a driveway to be 56% of the lot width rather than the maximum of 50%. Vacant Lot at 928 Eaglecrest Court (November 4, 2020) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to increase the width of the driveway on these properties is appropriate and will continue to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The intent of the maximum driveway width in Special Regulation Provision 307R of the Zoning By-law is to ensure that the driveway does not dominate the front of the dwelling and by extension, the streetscape. Firstly, the lot is pie shaped and narrows towards the front, so the driveway percentage calculation does not capture the full size of the lot as it widens considerably towards the rear lot line. In addition, the applicant is proposing a "tapered" driveway that narrows down to 6 metres in width within 3 metres of the front property line (seen in the proposed plan below). Staff is confident that this measure will ensure that the parking area will not dominate the streetscape. As such, staff is satisfied that the requested variance meets the general intent of the Zoning By-law. Proposed Plan Showing Tapered Driveway Is the Variance Appropriate? 3. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. All homes on this Court are to be designed with three -car garages and similar sized driveways. Therefore, the variance is appropriate for the development and use of the land. Is the Variance Minor? 4. The increase in driveway width percentage is only 6% and is skewed by the pie shape of the lot. Staff is of the opinion that this increase is minor and will not cause any adverse impacts to neighbouring properties. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. 3,+i o'Z 1V I f 00,9 —XV3A1O�,•7 OS0LA ITrywed 7 -FIT Proposed Plan Showing Tapered Driveway Is the Variance Appropriate? 3. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. All homes on this Court are to be designed with three -car garages and similar sized driveways. Therefore, the variance is appropriate for the development and use of the land. Is the Variance Minor? 4. The increase in driveway width percentage is only 6% and is skewed by the pie shape of the lot. Staff is of the opinion that this increase is minor and will not cause any adverse impacts to neighbouring properties. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-098 requesting permission to construct a single detached dwelling having driveway to be 56% of the lot width rather than the maximum of 50% be approved. Eric Schneider, MCIP, RPP Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 K�-W FLE. P.x www.kitchener. ca Committee of Adjustment November 17, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Planner — 519-741-2200 ext. 7843 8 November 9, 2020 DSD -20-193 A2020-099 — 80 Westwood Drive Applicant — Valerie Schmidt, GSP Group Recommendation: Approve with condition Location Map: 80 Westwood Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 80 Westwood Drive is zoned Residential Four Zone (R-4) in the Zoning By-law 85-1. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on October 22, 2020. The surrounding land use is comprised of singles, semis and multiples. The applicant is requesting to legalize the use of the property as a triplex, whereas a multiple dwelling is not a permitted use in the zone. The applicant has submitted a site plan application for the triplex use that is currently under review. View of Existing Building (October 22, 2020) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan 1. The requested variance meets the general intent of the 2014 Official Plan. The Official Plan encourages redevelopment that provides for an appropriate range, variety and mix of housing types to satisfy the varying housing needs of the community. In addition, it encourages the retention and rehabilitation of existing housing to maintain the housing stock, stability, and community character of established residential neighbourhoods. A City initiated OPA in 2019 allows for up to 3 units in residential neighbourhoods. This will be implemented through CRoZBY in 2021. The property fronts onto Westwood Drive which is a designated "Minor Collector Neighbourhood Street" in the Official Plan and can support additional traffic. General Intent of the Zoning By-law 2. The requested variance meets the general intent of the Zoning By-law. The property has been used as a triplex previously and functioned without issue. The general intent of the Zoning By-law is to provide for overall low density uses in the zone. Staff is of the opinion that adding one additional unit above the maximum of 2 (duplex) in this zone will still provide for a low density use and will therefore meet the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The triplex use is appropriate for the neighbourhood. The applicant does not propose any alterations to the building, and the proposed minor changes to the driveway will be reviewed under the site plan application currently under review. The property is on a corner and has a large lot area that exceeds the minimum lot area for a triplex in the R-5 zone. The use of triplex is a low density use and can be considered appropriate in this low density neighbourhood. Is the Variance Minor? 4. The variance is considered minor. The addition of 1 unit is a small increase and is not expected to cause adverse impacts. The site conditions allowing for 3 units are already existing. . HYD T%4!n0C DR Proposed Site Plan (Under Review) ' 2fla 9.24 E'mh'w 2.61 Z6D — �•., Ex sung i SCEarei+ 2.6a sFt-� h i.n Mult-Und SuAdo j a TB[! 3 Unit I' 143.7 rna 2 3 I u e I � Y O&W*b rx \ . .. . Srt'9'iq" .PNMAWTI I � 7 n YYiIY� 24m --�� {murYl T®O� � a 7 �y i . HYD T%4!n0C DR Proposed Site Plan (Under Review) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a triplex is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Given that the triplex has existed for some time, there is no expected impact to vehicular traffic. Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That application A2020-099 requesting permission to legalize an existing triplex whereas the By-law does not currently permit a triplex in the existing zone be approved, subject to the following condition: 1. That the owner obtain an Occupancy Certificate to the satisfaction of the Director of Planning prior to June 30, 2021. Eric Schneider, MCIP, RPP Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report KriI IENER CommunityServicces Department www.kirchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment November 17, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 10 November 9, 2020 DSD -20-194 A 2020-100 — 9-11 Samuel Street Applicant: Leena Miller Owners — Jenn and Dan Givlin Recommendation: Deferral Photo 1: Aerial photo REPORT Planning Comments: The property is zoned CR -1, 114R, 128U in By-law 85-1 and designated as Low Density Commercial Residential in the Central Frederick Neighbourhood Plan. It is located on the west side of Samuel Street, south of Frederick Street. Staff visited the site on November 6, 2020. The applicant is requesting permission to: 1) allow a personal services use (yoga studio) in a building that has one dwelling unit rather than the required minimum of 20 dwelling units; 2) for the personal service to be 43% of the gross floor area of the building (175 sq. m. out of a total of 405 sq.m.) rather than the permitted maximum of 20% gross floor area of the building; and, 3) to have the required parking spaces for the personal service use to be located in tandem rather then accessible independently. Staff notes that after consultation with the applicant it is requested that this application be deferred to the January 2021 in order to provide staff with an opportunity for further review of the requested variances. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use into commercial space is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Given the nature of the business, Transportation Services does not have any concerns with the proposed tandem parking. There are on -street and paid parking options within approximately 200-300m walking distance to the subject property as well as transit options nearby. Consider bicycle racks or indoor storage area for customers to utilize. Heritage Planning Comments: There are no cultural heritage issues or concerns with this application. However, the applicant is advised that the property municipally addressed as 9-11 Samuel Street is located within the Central Frederick Neighbourhood Cultural Heritage Landscape (CHL). The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased CHL conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Engineering Comments: Engineering has no comments or concerns. Environmental Planning Comments: No concerns. RECOMMENDATION: That application A 2020-100 requesting permission to allow personal services (yoga studio) in a building that has one dwelling unit rather than the required minimum of 20 dwelling units; to be 43% of the gross floor area (175 sq. m. out of a total of 405 sq.m.) rather than the permitted maximum of 20 percent of the gross floor area of the building; and to have the two required parking spaces for the yoga studio to be located in tandem rather then accessible independently; be deferred. Com, 1. • .� Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department 1 K�-R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 9 DATE OF REPORT: November 6, 2019 REPORT #: DSD -20-195 SUBJECT: A2020-101 — 8 Devon Street Applicants — Dan Jackson & Ashley McKnight Recommendation: Approve with Conditions Location Map: 8 Devon Street REPORT Planning Comments: The subject property located at 8 Devon Street is zoned Residential Five (R-5) and designated Low Rise Conservation in the Victoria Park Neighbourhood Secondary Plan of the City Official Plan. The applicant *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. is proposing to convert an existing detached dwelling to a duplex dwelling and cannot meet the requirements of Section 39.2.1 of the Zoning By-law. The applicant is requesting relief to permit a maximum building height of 11.0 metres rather than the permitted 10.5 metres. Further relief is being sought from Section 6.1.1.1 b) i) to permit a legal parking space 2.0 metres from the property line whereas 2.9 metres is required. It should be noted that the proposal to convert the dwelling to a duplex is being undertaken in 2 phases and that the Committee of Adjustment recently approved minor variance report A2019-118 to permit multiple variances for this property. The first phase of the construction has begun, but due to some reconfiguration of the building permit plans the setback for the parking space is at 2.0 metres from the property line rather than the previously approved 2.9 metre setback. The applicant is requesting that the each variance be given it's own set of conditions, as the parking variance is required to move forward with phase 1, and the height variance will be required at a later date when the applicant applies for a building permit on phase 2. City Planning staff conducted a site inspection of the property on October 22, 2020 8 Devon Street In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Conservation in the Victoria Park Neighbourhood Secondary Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to increase the height of the building is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. Staff is in support of the application, as it is compatible with the established neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested minor variances for a building height of 11.0 meters rather than the maximum permitted of 10.5 meters, meets the general intent of the Zoning By-law. The variance to permit an increase in height is permitted as it is the direction of the City's new Zoning By-law 2019-051 that will permit a height of 11.0 meters in residentially zoned properties. However, it is noted that the 2019- 051 By-law is currently under appeal and cannot be used for this report. The increase in height is a slight increase from what is currently permitted, and due to the grade of the property the front will have the 11.0m in height but the rear of the property will have an approximate 8.5 metres in height from the rear yard grade. The front of the dwelling also faces onto open park space which would minimize the height impact. Furthermore, the majority of the surrounding dwellings are also affected by the grade and the 0.5m increase in height would be negligible. The general intent of the By-law is to ensure properties do not tower over other smaller properties and keep a low rise building form throughout the neighbourhood. It is the opinion of staff that the required height variance meets the general intent of the Zoning By-law. This property is also within a heritage district, and the phase 1 drawings were approved by Heritage Kitchener. Due to the increase in height and exterior modifications not being presented to the heritage committee for the phase 2 work, the owner is required to apply once again for approval by the heritage committee. As previously noted, due to the updated building permit drawings the requested minor variance to permit a legal parking space 2.0 metres from the property line, whereas 2.9 metres is required, is warranted. The applicant is planning to continue phase 1 of the extensive renovations to the property by relocating the garage to the opposite side of the dwelling and close off the existing garage. The new garage will be a double wide garage as seen in the concept sketch below. It is the opinion of staff that the required variances meets the general intent of the Zoning By-law. 7 STOREY BRICK HOUSE NO. d P.I N. 224mi 51 (LT, G HENTlE 1 ,� tiL IfFYAM1G 1 INST.H4.79B51A 1 -- 1 I 1 SOD a s1u ?.4k+(art+o 4RIp.81 t�+4i[akaoss �R. LAHO.SCRPE _,L- ti EEUKy1G 7I i - - Ec sr'•.wE 4,1 ' Site plan — 8 Devon Street NEW 1'IIF 111!11 AIl71II1111l1l ki■Idi1 i11 ..Il.fl. � IIIF I �7■1! 71■■ � I I■ � ..1 1 ■ I� �r�d �,.lY il11�1111.1 ..'111. ��II!+I 11 � •1171H17111!III lMI 11`I ■ Iln P1 19111 . 1+I. I+■. I i■+ 191+1 ■ 1�1 . 1+.. 11P I .1+1.°I!F F'll�l+i al all lMlP. 1+P. I ■P! 1! ��1 ■ 1�1 . 1`!. I �P! I . !'1 . 1�.■ 1l. 1 ■ !. w■ I m. w. I I rA 1. w. w. 1 ..1 1. a 11 . w r! 1■■ l u 7 ■7 * P!! 11111 P I■■111.. 1■.1 IP 111 flll . IL■ 1 API 1 ■ 111.11■. IP.. I I..II A7.1. 1111. Yn■■I I■ A31 . Ill . li■. 1 ■P1 1■ lil .Ill . ll.l .■'1 1 ■III. 1 I!i F11P1111+III+l1 l�al117+=I 11111+1111!! liI+I III�P 1'I!1ll+a■111 i+I 11+.I ball IM"+I11�111+r11 a1! I*'*11 !�. Ila! 1711111 1 d # I umm w.0 11■7 911 P111F .111■rii!ia. ■71.1111. ■.■I A■11..1P■ I 111111111 Application is Minor 3. Staff is of the opinion that the requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed increase in height is only a 0.5 metre increase than what is currently permitted, and parking will be negligible due to the fact they recognize an existing situation. Application in Appropriate 4. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Therefore the variance is appropriate for the development and use of the land. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for renovations to the single detached dwelling and is currently under review Transportation Services Comments: Given the existing nature of the building and the irregular lot shape, Transportation Services does not have any concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: The subject property is designated under Part V of the Ontario Heritage Act and located within the Victoria Park Area Heritage Conservation District. As part of phase 1 of the project to convert the existing single detached dwelling to a duplex dwelling a Heritage Permit Application to alter the exterior of the existing dwelling was considered and recommended for approval at the November 5, 2019 Heritage Kitchener committee meeting. As part of phase 2 of the project, the elevations have been updated to reflect a proposal for additional building height and architectural details, including a second storey balcony, to accommodate the second dwelling unit. Given that the Heritage Kitchener committee has not yet reviewed the elevations as part of phase 2, a Heritage Permit Application is required. Heritage Planning staff request that the requirement of an approved Heritage Permit Application be a condition of the height variance. RECOMMENDATION That minor variance application A2020-101 requesting permission to permit a legal parking space 2.0 metres from the property line whereas 2.9 metres is required, be approved. Permission to permit a dwelling to have a height of 11.0 meters rather than the maximum permitted height of 10.5 meters, be approved subject to the following conditions: 1. A Heritage permit application be applied for and approved by the Heritage Kitchener Committee. 2. That all conditions shall be completed prior to December 31St, 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. Tim Seyler, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Lisa Thompson, Planning Technician — 519-741-2200 ext. 7847 WARD: 9 DATE OF REPORT: November 4, 2020 REPORT #: DSD -20-196 SUBJECT: A2020-102 — 89 Water Street South Applicant - William Reimer Owner — William Reimer & Wayne Baker Approve Subject to Conditions i Aerial view of subject property Google Street View image of subject property REPORT Planning Comments: The subject property is located at 89 Water Street South in the Victoria Park Heritage District. The property is designated Low Rise Conservation in the Victoria Park Neighbourhood Secondary Plan and is zoned R-5 in Zoning By-law 85-1. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The owner applied for and received approval of Heritage Permit HPA-2020-V-011 for the replacement of the upper and lower porches on the property municipally addressed as 89 Water Street South, in accordance with the plans and supplementary information submitted with the application. The owner intends to enlarge the lower porch which has resulted in the requested variance. �—Ar T :f': E _.'. Xrl.. .� _. F N'�1F F Ii IX IfN IITi �'•I _f.ln-__—_ r — — - 0 �= —rr-r r EIF -LL-' f•I n. I I nX T T- 1, 1 '•.n M EEEn..0 TE. o 11 w } LU J C Z LU 12 Q O y i 0 07 O Z { 0 { { 1 of 2 ., :TIF ---- -----_.- - IrI ElE IE E I E�-I. E. L FF _ I I _ rI -.lE.r EES H LL gL f I ! LL - x _� CO VERFD PORCH {i ii T :II ... .II EE T III ' III IEU-TFl I -EL T n_ r T X 11 TT -I. r %L r -I f {F- 'T F= E 'F ...'X :'�i �E ET - I'. IE L- T [ d, ., i W �..T • [.F -LL I:E'. '. itl' RALCONYFR.UMC PAH • RE E IF LL PE: I'- °1FA':i.�C FLOli2 i�,li Tf49i51i,M(: �..'�1' I� - T :.T TI" .r ­E'E XEE H-. .E n... r —E r. ` W '7 a N. rr H - - +E. F FI�i wZ TEET la1 F F.:I II.LE T1 R. .17 ©© Li E - E IEF ] 'T _ X I' .• RALCOFIY ilex% O ,� EL E E .. _ E r E = m w p z dJ w EI' n -lel is Q ©r ZU Q2 - f1— . 01 00 YJ I I I II II IY I LT r... 1 _ fi ELLE T P.re x e n . RUkO1NG 5iL'dVON �;! i` . IT", -IT �.. n'..;.Ne aacoNY F1002PLi., 2 of 2 Heritage Permit Drawings To be in compliance with the approved heritage permit and the City's zoning by-law, the applicant is requesting relief from Section 5.6.1 of Zoning By-law 85-1 to allow stairs having a height greater than 0.6 metres to be located 1.7 metres from the front lot line rather than the required 3.0 metres from the front lot line. Staff conducted a site visit on October 27, 2020. General Intent and Purpose of Official Plan Test The City's Official Plan identifies the subject property as part of the Victoria Park Neighbourhood Secondary Plan and is designated as Low Rise Conservation. The intent of the designation is to retain the existing low rise, low density residential character of the Neighbourhood. Preservation of the existing built form of development is encouraged through the retention of the existing housing stock. As the applicant intends to retain the existing building and replace both the upper and lower exterior porches, staff is of the opinion that the requested variance meets the general intent and purpose of the Official Plan and Victoria Park Neighbourhood Secondary Plan. General Intent and Purpose of Zoning By-law Test The subject property is zoned Residential Five (R-5) in Zoning By-law 85-1. The general intent and purpose of the zoning category is to ensure developments are of an appropriate size with adequate setbacks and parking to support the use. The replacement and minor enlargement of the ground floor patio -porch? on the existing building has created the situation where the stairs to the porch will be modestly closer to the front lot line. The Zoning By-law requires stairs having a height greater than 0.6 metres be located 3.0 metres from the front lot line, whereas in this case the stairs will ultimately be located 1.7 metres from the front lot line, resulting in the requested variance of 1.3 metres. The enlargement of the ground floor porch will create additional amenity space for the residents in the building and will still maintain an adequate setback from the municipal sidewalk. Based on the foregoing, staff is of the opinion that the requested variance meets the general intent and purpose of the Zoning By- law. "Minor" Test The requested variance to reduce the setback of stairs to the new lower porch is considered minor as a 1.7 metre setback to the front lot line will be maintained, thereby having no impact to the municipal sidewalk, public street or neighbouring properties. Based on the foregoing, staff consider the variance to be minor. Desirability for Appropriate Development of the Land Test The requested variance is desirable and justified on the property as the stairs will maintain a setback from the front lot line of 1.7 metres and will not have any impact on the public street or neighbouring properties. For the aforementioned reasons, Planning staff is of the opinion that the variance is appropriate and justified and will be subject to the conditions outlined in the recommendation section below. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the porch is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: The proposed porch dimensions do not seem to impact driveway visibility triangles for either 83 or 89 Water St S. Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Heritage Comments: The subject property is designated under Part V of the Ontario Heritage Act and located within the Victoria Park Area Heritage Conservation District. A Heritage Permit was issued in August 2020 for the replacement of the upper balcony and lower porch. Heritage Planning staff has reviewed the minor variance application and has no concerns. RECOMMENDATION That Minor Variance Application A2020-102 requesting relief from Section 5.6.1 of Zoning By-law 85-1 to allow stairs having a height greater than 0.6 metres to be located 1.7 metres from the front lot line rather than the required 3.0 metres from the front lot line, be approved subject to the following conditions: The owner shall construct the porches in accordance with Heritage Permit HPA-2020-V-011; and, 2. The owner shall apply for a building permit. d4k'R, LA &)V4Y/- Lisa Thompson, CPT Juliane von Westerholt, MCIP, RPP Planning Technician Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoif 1 Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner — 519-741-2200 ext. 7869 WARD: 2 DATE OF REPORT: November 4, 2020 REPORT NUMBER: DSD -20-197 SUBJECT: Application B2020-042 103 Schweitzer Street Owner/Applicant: 2477865 Ontario Inc./B. Linklater Approve with Conditions 1-7 Subject Property: 103 Schweitzer St. Staff Report Development Services Department Report: wwwkitchener. c a The City has received an application for consent to sever the property shown above addressed as 103 Schweitzer Street, located at the corner of Schweitzer and Nelson in Bridgeport East. The subject property contains a triplex dwelling on a lot measuring 21.03 metres wide by 46.57 metres long and an area of 979.9 square metres. Surrounding land use is described as low rise residential comprised of single, semi-detached and multiple dwellings on lots of varying sizes and widths. Street View Photo of 103 Schweitzer — View from Schweitzer The proposed consent plan is illustrated below. As can be seen from the diagram, the subject property has a large flanking frontage onto Schweitzer Street - a portion of which is underutilized as shown in the photo above. The applicant is proposing to create a wide shallow residential lot for single detached purposes measuring 15.5 metres wide, 21 metres long for an area of 326 square metres. The retained lands will have a lot width of 21.03 metres, a depth of 31 metres and a lot area of 525 square metres. The triplex building is to remain and the parking area re- configured in order to accommodate the creation of the new lot. Staff will be requesting that a site plan application be approved as a condition of consent approval. Staff is satisfied that the proposed lot line is in the appropriate location to ensure an adequate number of parking spaces can be achieved in a functional arrangement on the retained lands. Staff Report Development Services Department SEVERANCE PLAN PART OF LOT 5 REGISTERED PLAN NO. 675 103 SCHWEITZER ST. N"102 est aasssm issozm 1 1 w TO K � REfA1Mm 1 I.vwcwn 1 www— -- I I 1 tBN.. I I.w� I aww R61�EHR4 � I I 1 I I Ii M.ILCF6iW7lNN/I 1 I 1 1^ IfIYlO[Gtl� IN 1 ; p 61�Ilsi I 1 I e {[ 1 I aM_i i i 1 1 � ---- lay'I 1 gyp — ------7-- 1 GRA55 BOULEVARD hrii"iii'xi:x wwwkitchener.ca SCHWEITZER STREET Severance Plan — prepared by Dryden, Smith & Head A site inspection occurred on October 8, 2020. Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan, Residential Infill in the Bridgeport East Community Plan (BECP) and zoned Residential Three (R-5) in the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to Provincial Policy, the City's Official Plan, BECP and complies with the Zoning By-law. The Low Rise Residential designation supports low rise residential housing in various forms to satisfy the housing needs of our community through all stages of life. Moreover, housing policy acknowledges that neighbourhoods are not static, and that new and innovative forms of development are encouraged that are context sensitive and that better utilize land and servicing infrastructure. The Residential Infill designation of the BECP supports the creation of infill residential lots providing they are a minimum of 15 metres wide. The proposed wide shallow lot is an example of a moderate form of intensification. The lot width at15.5 metres is consistent with other larger lot widths in the vicinity. The use of a residential detached dwelling is permitted under the R-5 zoning. The proposed lot is large enough to accommodate a dwelling while complying with the R-5 zone minimum yard regulations. The lot Z M W k 3L12* 11 9 E m 0 N Z y 13.eoxT 33 TN1P�Fx O'NOin� ; yy yse m rur Z •.Yr C: 4YO3GI/® 3 i $1.052m �6.57tm WW02 SYC GRASS/SoLM"ARD SCHWEITZER STREET Severance Plan — prepared by Dryden, Smith & Head A site inspection occurred on October 8, 2020. Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan, Residential Infill in the Bridgeport East Community Plan (BECP) and zoned Residential Three (R-5) in the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to Provincial Policy, the City's Official Plan, BECP and complies with the Zoning By-law. The Low Rise Residential designation supports low rise residential housing in various forms to satisfy the housing needs of our community through all stages of life. Moreover, housing policy acknowledges that neighbourhoods are not static, and that new and innovative forms of development are encouraged that are context sensitive and that better utilize land and servicing infrastructure. The Residential Infill designation of the BECP supports the creation of infill residential lots providing they are a minimum of 15 metres wide. The proposed wide shallow lot is an example of a moderate form of intensification. The lot width at15.5 metres is consistent with other larger lot widths in the vicinity. The use of a residential detached dwelling is permitted under the R-5 zoning. The proposed lot is large enough to accommodate a dwelling while complying with the R-5 zone minimum yard regulations. The lot Staff Report KN NEx Development Services Department wwwkitchener.ca area exceeds the minimum lot area requirement. The lands are serviceable and front onto a public street. Based on the foregoing, Planning staff recommends that Consent Application B2020-042, be approved, subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permits will be required for the demolition of all existing buildings, as well as construction of all new residential buildings. Transportation Comments: Transportation Services will require funds to be dedicated to Engineering Services for a future 1.8m concrete sidewalk along the entire length of frontage of the severed portion of the original property (15.5m as noted on the submitted plan). Heritage Comments: Heritage Planning Staff has reviewed the application and has no concerns. Engineering Comments: B2020-042 — 103 Schweitzer Street • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate sanitary and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (519-741-2200 ext. 7330). • Any new driveways are to be built to Region of Waterloo standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building 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. Staff Report Development Services Department Operations Comments: wwwkitchener. c a A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $7,130.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (15.5m) at a land value of $9,200 per frontage meter. Environmental Planning Comments: The City's standard tree protection condition is required as a condition of approval, for both the severed and retained lands. A Tree Preservation/Enhancement Plan is required for the severed and retained lands in accordance with the City's Tree Management Policy, which must be submitted and approved before any building permit is issued. RECOMMENDATION: That Application B2020-042 proposing to create a new residential lot measuring 15.5 metres wide, approximately 21 metres long with an area of 326 square metres, be approved, subject to the following conditions: 1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 3. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for parkland dedication equal to $7,130.00 4. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections, and the removal of redundant services. 5. That the Owner makes arrangements - financial or otherwise - for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, and provide payment towards the future installation of sidewalk to the satisfaction of the Director of Engineering. 6. That the Owner provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 7. That the Owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 8. That the Owner provides Engineering staff with confirmation that the basement elevation of the future dwelling can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the Owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the Owner. 9. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b) The owner 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. 11. That the Owner applies for a Stamp Plan B Site Plan application for the retained lands to the satisfaction of the Director of Planning. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner N14*4r Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT November 6, 2020 Re: Comments for Consent Applications B2020-042 to 62020- 044 Committee of Adjustment Hearing November 17, 2020 CITY OF KITCHENER B2020-042 103 Schweitzer Street 2477865 Ontario Inc. The owner/applicant is proposing a severance to develop a new residential dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-043 440 Lancaster Street West Udalpal Mallhl The owner/applicant is proposing a severance to create a new residential lot. The proposed severed and retained lands would be redeveloped with residential dwellings. Document Number: 3447261 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Access Permit: Regional Staff will require a Regional Access Permit with fee of $100.00 for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional Road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms. regionofwaterloo. ca/ePay/PDLS-Online-Payment-Forms/Application-and- Paym ent-for-an-Access-Permit Environmental Noise: Regional Staff note the existing and the proposed development would have impacts from the road noise on Lancaster Street West (RR #29). Regional Staff require the owner/applicant to submit an environmental noise study as a condition of final approval and to enter into a registered development agreement with the Region of Waterloo to secure implementation of any noise mitigation/warning clauses. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. Perm itcentral.ca/ Site Servicing / Work Permit / Municipal Consent: A servicing plan has not been provided with the above application. Regional Staff note that Municipal Consent will be required for the installation of any proposed/required service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance. Water Services: Regional Staff advise that the subject property is located in Kitchener Pressure Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. Document Number: 3447261 Version: 1 2) That prior to final approval the owner/applicant complete the required Access Permits on the severed and retained lands to the satisfaction of the Region. 3) That prior to final approval the owner/applicant complete an Environmental Noise Study to the satisfaction of the Region of Waterloo and, if necessary, enter into an agreement with the Region of Waterloo to secure implementation of the study's recommendations in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations. B2020-044 956-962 Glasgow Street MHBC Planning The owner/applicant is proposing to facilitate the creation of required easements for maintenance, sanitary and storm servicing for the subject lands. Consent applications B2020-034 to B2020-036 were recently approved to sever the existing condominium units on the subject lands into individual conveyable lots to facilitate the termination of Waterloo Standard Condominium Plan No. 262. The proposed easements are required to service the newly created lots. The Region has no objection to the proposed application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, 6 �_ Matthew Colley, Planner Document Number: 3447261 Version: 1 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil w r:�-rrtif R Development Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner - 519-741-2200 ext. 7110 WARD: 10 DATE OF REPORT: November 4, 2020 REPORT #: DSD -20-198 SUBJECT: APPLICATION: B2020-043 440 Lancaster Street West Owner: Udaipal Malhi & Gurmanpal Malhi Applicant: Boban Jokanovic Approve with conditions I 1 Subject Property . '.im L) Z i Location Map — 440 Lancaster Street West REPORT The subject property located at 440 Lancaster Street West is designated Low Rise Residential in the Official Plan and zoned Residential Six Zone (R-6) in the Zoning By-law. The property currently contains a single detached dwelling. The neighbourhood consists primarily of a mix of single detached dwellings and small apartment buildings. To the rear of the lot there are some industrial uses. Lot sizes vary in width, depth, and area. The Applicant intends to demolish the existing building and is requesting consent to sever the subject property into two lots for future single detached dwellings. The severed lot would have a frontage of 9.326 metres, depth of 28.652 metres, and an area of 358.57 square metres and the retained lot would have a frontage of 10.552 metres, a depth of 28.652 metres, and an area of 302.32 square metres. Severance Sketch Photo of subject property Planning staff conducted a site inspection on October 27, 2020. FPA h.2- t4 76 33 PART N 58R - VIC k Ld CTCU0 9 wcR VTf CO 15.09M x 6.05M PROPOSED 2 STOREY DWELLING LOT AREA = 358,57 Som f QQ r - BUILDING AREA = 121.49 som C m < -3t ay COVERAGE 339% m 0 DIA U 01 4 88,33,00, E 28,652 015 — ------------ PROPOSED 2 570REY i r- -0 Oiq DrA DWELLING L07 AREA = 302-32 50M BUILDING AREA = 121,49 SOM COVERAGE= 402% �Lz- 15.09M x $,05M I BUILDING FOOTPRINT DIA /V 89 rv�v' F (,aw N 89*3420" E �cc CD 1B N 88'32'55- E 42.6724 Severance Sketch Photo of subject property Planning staff conducted a site inspection on October 27, 2020. FPA Planning Comments: With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990. c.P. 13, both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law 85-1, the dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and can be serviced with independent and adequate service connections to municipal services. The resultant lots will be compatible in size with the lots in the surrounding area. Based on the foregoing, Planning staff recommends that Consent Application B2020-043 requesting consent to sever the subject property into two lots be approved, subject to the conditions listed in the Recommendation section of this report. Engineering Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (519-741-2200 ext. 7330). • Any new driveways are to be built to City of Kitchener/Region of Waterloo standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building 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. Environmental Planning Comments: Standard condition on both the severed and retained lands to enter into an agreement to complete tree preservation / enhancement plan prior to demolition permit issuance is required. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings Transportation Comments: As the subject property for this application falls on a Regional Road, Transportation Services does not have any concerns with the proposed application. 3 Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $4,289.96. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (9.326m) at a land value of $9,200 per frontage meter. Region of Waterloo Comments The owner/applicant is proposing a severance to create a new residential lot. The proposed severed and retained lands would be redeveloped with residential dwellings. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Access Permit: Regional Staff will require a Regional Access Permit with fee of $100.00 for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional Road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Application-and-Payment- for-an-Access-Permit Environmental Noise: Regional Staff note the existing and the proposed development would have impacts from the road noise on Lancaster Street West (RR #29). Regional Staff require the owner/applicant to submit an environmental noise study as a condition of final approval and to enter into a registered development agreement with the Region of Waterloo to secure implementation of any noise mitigation/warning clauses. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: httas://rmow.Dermitcentral.ca/ Site Servicing / Work Permit / Municipal Consent: A servicing plan has not been provided with the above application. Regional Staff note that Municipal Consent will be required for the installation of any proposed/required service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region's right of way. In this regard, please visit https://rmow.Permitcentral.ca/ for further guidance. Water Services: Regional Staff advise that the subject property is located in Kitchener Pressure Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. 0 The Region has no obiection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval the owner/applicant complete the required Access Permits on the severed and retained lands to the satisfaction of the Region. 3) That prior to final approval the owner/applicant complete an Environmental Noise Study to the satisfaction of the Region of Waterloo and, if necessary, enter into an agreement with the Region of Waterloo to secure implementation of the study's recommendations in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations. RECOMMENDATION: A. That Application B2020-043 requesting consent to sever a parcel of land having a width of 9.326 metres and an area of 358.57 m2 be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the Owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size 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 dwelling existing as of October 27, 2020 be demolished to the satisfaction of the City's Chief Building Official. 4. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $4,289.96 which is required on the severed parcel as a new developable lot will be created by the severance. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion to the satisfaction of the Director of Operations. 5. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 6. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 7. That 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 Division. A 8. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 10. That the Owner provides Engineering staff 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. 11. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 12. That prior to final approval the owner/applicant complete the required Access Permits on the severed and retained lands to the satisfaction of the Region. 13. That prior to final approval the owner/applicant complete an Environmental Noise Study to the satisfaction of the Region of Waterloo and, if necessary, enter into an agreement with the Region of Waterloo to secure implementation of the study's recommendations in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations. 14. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the Owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The Owner 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. Richard Kelly -Rue z, BES Planner li <, Lek 'Juliane von Westerholt, BES, MCIP, RPP Senior Planner 0 N14*4r Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT November 6, 2020 Re: Comments for Consent Applications B2020-042 to 62020- 044 Committee of Adjustment Hearing November 17, 2020 CITY OF KITCHENER B2020-042 103 Schweitzer Street 2477865 Ontario Inc. The owner/applicant is proposing a severance to develop a new residential dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-043 440 Lancaster Street West Udalpal Mallhl The owner/applicant is proposing a severance to create a new residential lot. The proposed severed and retained lands would be redeveloped with residential dwellings. Document Number: 3447261 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Access Permit: Regional Staff will require a Regional Access Permit with fee of $100.00 for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional Road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms. regionofwaterloo. ca/ePay/PDLS-Online-Payment-Forms/Application-and- Paym ent-for-an-Access-Permit Environmental Noise: Regional Staff note the existing and the proposed development would have impacts from the road noise on Lancaster Street West (RR #29). Regional Staff require the owner/applicant to submit an environmental noise study as a condition of final approval and to enter into a registered development agreement with the Region of Waterloo to secure implementation of any noise mitigation/warning clauses. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. Perm itcentral.ca/ Site Servicing / Work Permit / Municipal Consent: A servicing plan has not been provided with the above application. Regional Staff note that Municipal Consent will be required for the installation of any proposed/required service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance. Water Services: Regional Staff advise that the subject property is located in Kitchener Pressure Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. Document Number: 3447261 Version: 1 2) That prior to final approval the owner/applicant complete the required Access Permits on the severed and retained lands to the satisfaction of the Region. 3) That prior to final approval the owner/applicant complete an Environmental Noise Study to the satisfaction of the Region of Waterloo and, if necessary, enter into an agreement with the Region of Waterloo to secure implementation of the study's recommendations in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations. B2020-044 956-962 Glasgow Street MHBC Planning The owner/applicant is proposing to facilitate the creation of required easements for maintenance, sanitary and storm servicing for the subject lands. Consent applications B2020-034 to B2020-036 were recently approved to sever the existing condominium units on the subject lands into individual conveyable lots to facilitate the termination of Waterloo Standard Condominium Plan No. 262. The proposed easements are required to service the newly created lots. The Region has no objection to the proposed application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, 6 �_ Matthew Colley, Planner Document Number: 3447261 Version: 1 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report 1 Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner — 519-741-2200 ext. 7869 WARD: 7 DATE OF REPORT: November 5, 2020 REPORT NUMBER: DSD-20-199 SUBJECT: Application B2020-044 956 Glasgow Street Applicant — P. Chauvin, MHBC Approve with Conditions Proposed k easements over 956 Glasgow Subject Property � c Proposed k easements over 956 Glasgow Subject Property Staff Repo KCluHL N,R Development Services Department wwwkitchener.ca Report: The Committee may recall that at the September 15, 2020 meeting a decision was rendered to approve consent applications to create 3 lots, retain one lot and to approve easements for properties located at 956-962 Glasgow Street. This was for the existing 4 -unit condominium pictured below. The owners are wanting to de -register the condominium plan and create freehold lots instead. Photo of 956 to 962 Glasgow St. The owner of 956 Glasgow Street is having to re -apply for consent approval for the creation of easements over his lands in order to correct an error of omission with the previous application for 956 Glasgow Street. 956 Glasgow is identified as the retained lands shown below in the Severance Sketch prepared by MHBC Planning. The proposed easements over 956 Glasgow are illustrated on the plan. There are 3 private easements being requested: 1. A 0.9 metre wide access easement; 2. A 6.0 metre wide sanitary sewer easement; and Staff Report vex Development Services Department wwwkitchener.ca 3. An irregular shaped storm water management easement, all in favour of adjacent unit properties municipally addressed as 958 and 960 Glasgow Street. I Ln 11S. -Feld. sn i• M�YI, rm. �rvr auwyrl T T Pelai ped Lr�rids :xe-rre*d PCFCd V - &--Ned '_cared rnv.�:ti,nni Pace) PCVce!9s.«,� �' nu Severance Sketch Ayer* FAD= cf Kb�,,-ener Rej nc( Mfl!rcc Planning Comments: c4a ¢M I 1115n 9 c 0 s U mLxR EiRm ka" in xw Laeltts to be Severed 0,5" r1Fl +Parcelsl 73; Mm) ME. mim -Parcel #2 {423 fnsl *Parcel *0 X420 m) 'Ud-D'4w Lar aB to be Retaked (1-232 m') oivrift Dal Aaaem Easemenl ctarrrwrw Managerrerd Ew naenl Q ., sewecr EaS[T,er: The subject properties are designated as Low Rise Residential in the City's Official Plan and zoned Residential Six (R-6) in the Zoning By-law 85-1. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed easements conform to Staff Report Development Services Department wwwkitchener. c a the PPS, Growth Plan and City's Official Plan that will allow for the continuation of orderly development and to facilitate an alternate form of tenure deemed appropriate and acceptable. The easements being proposed over 956 Glasgow are necessary to ensure rear yard access is provided to owners of units internal to the development for maintenance purposes, and to legalize and to maintain existing storm and sanitary servicing rights over adjacent unit lands that are located within rear yards. Based on the foregoing, Planning staff recommends that Consent Applications B2020-044 requesting consent to create easements over 956 Glasgow Street, BE APPROVED, subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Given that a concrete sidewalk currently travels the portions, no funds for future sidewalk will be required. other concerns with the proposed application. Heritage Comments: entire width of the retained and severed Transportation Services does not have any Heritage Planning Staff has reviewed the application and has no concerns. Engineering Comments: No comments Operations Comments: No concerns. Environmental Planning Comments: No comments RECOMMENDATION: That Application B2020-044 proposing to create easements over 956 Glasgow Street for access, storm and sanitary servicing purposes in favour of 958 and 960 Glasgow Street, as shown on the Consent Plan prepared by MHBC dated August 10, 2020, BE APPROVED, subject to the following conditions: 1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca 2. That the Owner provides a draft reference plan showing the requested specific easements, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the City's Director of Planning, City's Director of Engineering Services, and City Solicitor. 3. That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. c. a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 4. That the Owner conveys a 5.0 metre wide easement in favour of the City of Kitchener (Utilities) to the satisfaction of the Director of Utilities. a Brian Bateman, MCIP, RPP Senior Planner (I L�G J,�� Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner N14*4r Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT November 6, 2020 Re: Comments for Consent Applications B2020-042 to 62020- 044 Committee of Adjustment Hearing November 17, 2020 CITY OF KITCHENER B2020-042 103 Schweitzer Street 2477865 Ontario Inc. The owner/applicant is proposing a severance to develop a new residential dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-043 440 Lancaster Street West Udalpal Mallhl The owner/applicant is proposing a severance to create a new residential lot. The proposed severed and retained lands would be redeveloped with residential dwellings. Document Number: 3447261 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Access Permit: Regional Staff will require a Regional Access Permit with fee of $100.00 for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional Road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms. regionofwaterloo. ca/ePay/PDLS-Online-Payment-Forms/Application-and- Paym ent-for-an-Access-Permit Environmental Noise: Regional Staff note the existing and the proposed development would have impacts from the road noise on Lancaster Street West (RR #29). Regional Staff require the owner/applicant to submit an environmental noise study as a condition of final approval and to enter into a registered development agreement with the Region of Waterloo to secure implementation of any noise mitigation/warning clauses. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. Perm itcentral.ca/ Site Servicing / Work Permit / Municipal Consent: A servicing plan has not been provided with the above application. Regional Staff note that Municipal Consent will be required for the installation of any proposed/required service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance. Water Services: Regional Staff advise that the subject property is located in Kitchener Pressure Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. Document Number: 3447261 Version: 1 2) That prior to final approval the owner/applicant complete the required Access Permits on the severed and retained lands to the satisfaction of the Region. 3) That prior to final approval the owner/applicant complete an Environmental Noise Study to the satisfaction of the Region of Waterloo and, if necessary, enter into an agreement with the Region of Waterloo to secure implementation of the study's recommendations in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations. B2020-044 956-962 Glasgow Street MHBC Planning The owner/applicant is proposing to facilitate the creation of required easements for maintenance, sanitary and storm servicing for the subject lands. Consent applications B2020-034 to B2020-036 were recently approved to sever the existing condominium units on the subject lands into individual conveyable lots to facilitate the termination of Waterloo Standard Condominium Plan No. 262. The proposed easements are required to service the newly created lots. The Region has no objection to the proposed application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, 6 �_ Matthew Colley, Planner Document Number: 3447261 Version: 1 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River