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Home My WebLink AboutCA Agenda - 2020-12-08THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w 4_1NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 KITIC 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, December 8, 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 kitchener. 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 December 7, 2020. To register please email Dianna. Saunderson(ckitchener.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 December 8, 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 2020-103 - 840 Stirling Avenue South Permission to construct a roof over a rear yard basement entrance on an existing duplex having a rear yard setback for the covered entrance of 6.508m rather than the required 7.5m. A 2020-104 - 114 Peach Blossom Crescent Permission to construct a sunroom in the rear year of an existing single detached dwelling having a rear yard setback of 6m rather than the required 7.5m. A 2020-105 - 39 Water Street North Permission to legalize an existing lodging house having a northerly side yard setback of 0.76m rather than the required 1.2m; a front yard setback of 2.1 m rather than the required 3m; a separation distance of 250m from another lodging house whereas the By-law requires a separation distance of 400m; and, to permit a lodging house having 68.75m of Gross Floor Area (GFA) devoted to lodging units to have 2 off-street parking spaces rather than the required 3 off-street parking spaces. A 2020-106 - 1031 Victoria Street North Permission to convert the existing building into a gym and retail use in a C-6 Zone, where as the By-law does not currently permit a "retail" use in the C-6 Zone; and, to have a parking rate of 1 space/per 33 sq.m. whereas the By-law requires 1 space/per 20 sq. m. A 2020-107 - 236 Margaret Avenue Permission to convert an existing mixed -used building into a multi -residential dwelling containing 14 -units having stairs located 0.18m within the side yard rather than the required 0.75m; a parking ratio of 0.6 parking spaces/per unit rather than the required 1.25 parking spaces/per unit; having 10% visitor parking spaces rather than the required 15%; and, to permit dwelling units on the ground floor whereas the By-law does not permit dwelling units on the ground floor. Pagel of 2 B 2020-045 - 145-155 Ann Street Permission to sever a parcel of land municipally addressed as 155 Ann Street having a width of 17.748m, a depth of 50.103m and an area of 898 sq. m. The retained land municipally addressed as 145 Ann Street will have a width of 30.232m, a depth of 50.633m and an area of 1528 sq.m. The properties were previously separate and were merged on title. B 2020-046 - 50 Fifth Avenue Permission to sever a parcel of land having a width of 7.83mm, a depth of 40.32m and an area of 315.89sq. m. The retained land will have a width of 7.83m, a depth of 40.32m and an area of 315.89 sq.m. The severed and retained lots are intended for semi-detached dwellings. B 2020-047 - 50 Brookside Crescent Permission to sever a parcel of land on the westerly edge of the property (future municipal address 52-54 Brookside Crescent), having an approximate width of 16.2m, a depth of 33.5m and an area of 542.7 sq.m. The retained land will be irregular in shape having an approximate width of 35m, a depth of 43.5m and an area of 1523 sq.m. The severed lot is intended for a semi-detached dwelling. B 2020-048 - 53 Candle Crescent Permission to grant an "L" shaped easement having a width of 1.2m, a depth of 31.179m and an area of 37.4 sq.m. in favour of 55 Candle Crescent as outlined on the plan submitted with the application, for access purposes. • 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. dysonCcb 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 20th day of November 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 NOVEMBER 20, 2020. Page 2 of 2 1 Staff Repoil K�-WFLEN� Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 8, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Planner — 519-741-2200 ext. 7843 WARD: 8 DATE OF REPORT: November 27, 2020 REPORT #: DSD -20-205 SUBJECT: A2020-103 — 840 Stirling Avenue South Applicant — Rob Sajkunovic Recommendation: Approve with Condition Location Map: 840 Stirling Avenue South *** 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 840 Stirling Avenue South is zoned Residential Four Zone (R-4) 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 18, 2020. The applicant is requesting relief from the Zoning By-law to allow for a rear yard setback of 6.5 metres rather than the 7.5 metres required. View of Roof Covering Exterior Stairs (November 18, 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 Official Plan. The Low Rise Residential designation in the Official Plan encourages the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for reduction in rear yard setback does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a 7.5 metre rear yard setback is to ensure that there is adequate amenity space on site and adequate separation of buildings. The addition was built to meet the required rear yard setback in the Zoning By-law but the decision to cover the exterior staircase at the rear resulted in a 1 metre intrusion into the required setback. Staff is satisfied that this small intrusion for access to be covered does not negatively impact the amenity space on site and that an adequate separation of buildings is maintained. Therefore, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The applicant has covered the staircase to prevent water flowing into the basement. The requested variance is not expected to cause adverse impacts to neighbouring properties. Therefore, Staff consider the variance to be appropriate. Is the Variance Minor? 4. The small intrusion into the setback is comprised of a covered staircase. It is not part of the principal building with habitable space and does not extend the full width of the building. Therefore, the requested variance is considered minor. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the roof is obtained. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services have no 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 A2020-103 requesting permission to legalise a rear yard basement entrance on an existing duplex having a rear yard for the covered entrance of 6.508 m rather than the required 7.5m, as amended, be approved, subject to the following condition: That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. Eric Schneider, MCIP, RPP Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo November 17, 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 (4) / 55, Nikiforos Tsimpragos Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting December 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-103 — 840 Stirling Avenue South — No Concerns. 2) A 2020-104 — 114 Peach Blossom Crescent — No Concerns. 3) A 2020-105 — 39 Water Street North —No Concerns. 4) A 2020-106 — 1031 Victoria Street North: Existing Parking & Sign Encroachments: Regional staff have concerns with the few existing parking stalls currently encroaching (Plan attached) into Victoria Street North (RR #55) right-of-way. Regional staff would not support or allow any encroachments into the Regional right-of-way. Therefore, the existing encroaching parking spots must be removed permanently. One of the 2 encroaching parking spots at east property side has been already removed due to recent reconstruction of Victoria Street, but 1 parking spot is still within the Regional right-of- way. Similarly, 1 parking spot on the west side is partly encroaching within the Regional right-of-way. This may also affect the parking spots required for the existing and the Document Number: 3464204 Page 1 of 3 proposed business on the above lands. A parking plan showing all the required parking spots on the private lands be provided for further review by the staff; and be approved by the City to ensure there is no parking encroachment within the Regional road right-of- way. Also, there is a ground sign encroaching within the Regional right-of-way, which should also be removed onto private property. 5) A 2020-107 — 236 Margaret Avenue — 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, "�.-:___J�L- g) Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 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 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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_grand river. 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: December 8, 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: 5 DATE OF REPORT: November 26, 2020 REPORT #: DSD -20-206 SUBJECT: A2020-104— 114 Peach Blossom Cres Owner — Matt & Tasha Clark Applicant — Shawn Sawatzky (Tropical Sunrooms Inc.) Approve Location Map: 114 Peach Blossom Cres REPORT Planning Comments: The subject property located at 114 Peach Blossom Crescent is zoned Residential Four (R-4) with Special Regulation Provision 286R in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to construct a rear yard one -storey sunroom and is requesting relief from Section 38.2.1 of the Zoning By-law to allow for a rear yard setback of 6 metres, whereas 7.5 metres is required. *** 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 property on November 26, 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 to reduce the rear yard 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. 2. General Intent and Purpose of Zoning By-law Test The requested variance to permit a rear yard setback of 6 metres, whereas 7.5 metres is required, meets the general intent of the Zoning By-law. The purpose of a rear yard setback of 7.5 metres is to provide an outdoor amenity space, as well as adequate separation from neighbouring properties. The sunroom will contribute to amenity area for the property, further maintaining the general intent of the Zoning By-law. Further, the configuration of the lot (widens significantly in the south-west) makes it such that even with a reduced rear yard setback, there remains a significant `open' area in the rear yard to be used as amenity space. It is the opinion of staff that the proposed rear yard setback of 6 metres will continue to allow for an adequate amenity space and will not negatively impact adjacent properties. 3. "Minor" Test The variance can be considered minor as the reduced rear yard setback will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed rear yard addition will maintain sufficient outdoor amenity space and maintain a reasonable rear yard for the property and the area. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the proposed sunroom with a reduced rear yard is consistent with the low-density development of the neighbourhood. The new addition will project slightly beyond the existing building and the rear yard encroachment is appropriate. 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 sunroom 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. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-104 requesting relief from Section 38.2.1 of the Zoning By-law to permit the construction of one -storey rear yard sunroom with a rear yard setback of 6 metres, whereas 7.5 metres is required, be approved. J Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner Region of Waterloo November 17, 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 (4) / 55, Nikiforos Tsimpragos Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting December 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-103 — 840 Stirling Avenue South — No Concerns. 2) A 2020-104 — 114 Peach Blossom Crescent — No Concerns. 3) A 2020-105 — 39 Water Street North —No Concerns. 4) A 2020-106 — 1031 Victoria Street North: Existing Parking & Sign Encroachments: Regional staff have concerns with the few existing parking stalls currently encroaching (Plan attached) into Victoria Street North (RR #55) right-of-way. Regional staff would not support or allow any encroachments into the Regional right-of-way. Therefore, the existing encroaching parking spots must be removed permanently. One of the 2 encroaching parking spots at east property side has been already removed due to recent reconstruction of Victoria Street, but 1 parking spot is still within the Regional right-of- way. Similarly, 1 parking spot on the west side is partly encroaching within the Regional right-of-way. This may also affect the parking spots required for the existing and the Document Number: 3464204 Page 1 of 3 proposed business on the above lands. A parking plan showing all the required parking spots on the private lands be provided for further review by the staff; and be approved by the City to ensure there is no parking encroachment within the Regional road right-of- way. Also, there is a ground sign encroaching within the Regional right-of-way, which should also be removed onto private property. 5) A 2020-107 — 236 Margaret Avenue — 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, "�.-:___J�L- g) Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 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 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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_grand river. 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: December 8, 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: 10 DATE OF REPORT: December 2, 2020 REPORT #: DSD -20-207 SUBJECT: A2020-105 — 39 Water Street North Owner — Jihyun Rew & Patrick Dufresne Approve Subject to Conditions Figure 1. Subject property as seen from Water Street. REPORT Planning Comments: The subject property is located on Water Street North between Duke Street West and Weber Street in the Downtown. The building on the property appears to have been originally constructed as a single detached dwelling in approximately 1920. Planning staff understands that at some point in the past, the building was converted from a single detached dwelling into a group home. In 2010, the use reverted to a single detached dwelling. Since approximately January 2019, the building has been used a lodging house, albeit on a non -conforming basis, since it is located less than the required 400 metres from another lodging house (the closest lodging house at 115 Water St N is approximately 260 metres away). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The property is designated City Centre District on the Urban Growth Centre (Downtown) Map of the Official Plan and is zoned Commercial Residential Zone (D-5) in By-law 85-1. The owners are now seeking to legalize the lodging house use through the following variances: A. Requesting relief from Section 5.17A of By-law 85-1, to allow a lodging house on a lot that is situated a minimum of 250 metres from other lots on which lodging houses are located, whereas 400 metres is required; B. Requesting relief from Section 16A.2 of By-law 85-1, to allow a minimum yard abutting a street other than Charles Street or Duke Street (i.e., Water Street) of 2.1 metres, whereas 3.0 metres is required; C. Requesting relief from Section 16A.2 of By-law 85-1, to allow a minimum side yard of 0.76 metres, whereas 1.2 metres is required; and D. Requesting relief from Section 6.1.2c) to allow a lodging house having 68.75 square metres of lodging unit floor area to have 2 parking spaces, whereas 3 spaces are required (i.e., 1 space for each 25.0 metres of lodging unit floor area). General Intent and Purpose of Official Plan Test The property is designated City Centre District on the Urban Growth Centre (Downtown) Map of the Official Plan. The Official Plan states, "The City Centre District is the heart of the Downtown and Urban Growth Centre (Downtown) and focuses around the original commercial area of King Street. On the edge of this District are small areas with buildings that were originally constructed as single detached dwellings but over the years have been converted to mixed use, commercial or multiple residential uses." In addition, Section 4: Housing, contains the following applicable policies: 4.C.1.34. The City's Zoning By-law will specifically regulate lodging houses and the appropriate zones in which they may be permitted subject to licensing, and safety regulations and the ability to integrate such housing forms in an acceptable and appropriate manner. 4.C.1.35. The City will encourage lodging houses to locate within walking distance of public transit and in close proximity to supportive non-residential uses and parks and recreational facilities. 4.C.1.36. The City may incorporate minimum distance separation regulations between lodging houses in the City's Zoning By-law to prevent the undue concentration of lodging houses in specific areas of the city and to encourage this type of use throughout the city. The Official Plan also contains several policies that speak to the provision if affordable housing (e.g., lodging units), including, for example: 3.2.2. To provide a range and mix of housing, including affordable housing, employment, service, amenity and transportation options distributed and connected in a coherent and efficient manner. 4.C.1.13. The City will work with the development industry and other community members to identify and encourage innovative housing types and designs in the city where such innovation would: g) provide accessible and affordable housing to residents; 4.C.1.19. The City will encourage and support affordable housing to locate in close proximity to public transit, commercial uses and other compatible non-residential land uses, parks and community facilities and have convenient access to community, social and health services. The subject property is an example of a building that was originally constructed as a single detached dwelling but has since been converted to another use. Conditions are recommended to ensure that the lodging house is licenced. The property is within walking distance of public transit, including the future multi -modal hub and other ION stations, and is in close proximity to supportive non-residential uses, Hibner Park, and the Downtown Community Centre. Planning staff is of the opinion that all four variances meet the general intent and purpose of Official Plan. General Intent and Purpose of Zoning By-law Test The general intent of the 400 metre minimum distance separation between lodging houses is "to prevent the undue concentration of lodging houses in specific areas of the city and to encourage this type of use throughout the city" (see Policy 4.C.1.36. of the Official Plan). Planning staff is of the opinion that allowing lodging houses less than 400 metres from each other does not cause undue concentration of lodging houses, within a downtown context or otherwise. With respect to the variances for setback relief, Planning staff advises that the building has maintained the existing setbacks for approximately 100 years, without known concern. Regarding the parking reduction request, Planning staff is of the opinion that since the property is within the heart of downtown and close to the future multi -modal hub, numerous current bus routes and ION stations, and has access to excellent cycling infrastructure, as well as public parking facilities, that the variance meets the intent of the By-law to provide sufficient on-site parking. Accordingly, Planning staff is of the opinion that the variances will meet the general intent and purpose of the Zoning By-law. "Minor" Test All four variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. The recommended conditions will ensure that the lodging house use is legalized in a manner that ensures safety of residents. Adequate parking will be provided to support the use. Planning staff is of the opinion that the variances are minor. Desirability for Appropriate Use of the Land Test The four requested variances are appropriate for the desirable use of the land as they will permit a use that is compatible and appropriate and also will likely provide much needed affordable housing, which is an important goal of the City. For the abovementioned reasons, Planning staff is of the opinion that the variance requests are justified, subject to the conditions outlined below. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a lodging house is obtained prior to construction. Please contact the Building Division @ build ing@kitchener.ca with any questions. Transportation Services Comments: Transportation Services can support the proposed two parking spaces rather than the required three, provided that when the unit without a parking space is available for rent, it is advertised and rented as not having a legal on-site parking space. Consideration be given to providing indoor bicycle storage. Engineering Comments: Engineering has no comments or concerns. Heritage Comments: No cultural heritage planning issues or concerns Environmental Planning Comments: No Environmental Planning concerns. RECOMMENDATION That Minor Variance Application A2020-105 requesting relief from By-law 85-1: A. Requesting relief from Section 5.17A of By-law 85-1, to allow a lodging house on a lot that is situated a minimum of 250 metres from other lots on which lodging houses are located, whereas 400 metres is required; B. Requesting relief from Section 16A.2 of By-law 85-1, to allow a minimum yard abutting a street other than Charles Street or Duke Street (i.e., Water Street) of 2.1 metres, whereas 3.0 metres is required; C. Requesting relief from Section 16A.2 of By-law 85-1, to allow a minimum side yard of 0.76 metres, whereas 1.2 metres is required; and D. Requesting relief from Section 6.1.2c) to allow a lodging house having 68.75 square metres of lodging unit floor area to have 2 parking spaces, whereas 3 spaces are required; be approved, subiect to the following conditions: 1. That the owner shall apply for and obtain a Zoning (Occupancy) Certificate for the proposed lodging house, from the City's Planning Division; 2. That the owner shall apply for and obtain a building permit for the change of use to a lodging house, from the City's Building Division; 3. That the owner shall request obtain an inspection of the lodging house by the City's Fire Services and remedy any and all deficiencies, to the satisfaction of the City's Fire Services; 4. That the owner shall owner apply for and obtain a Lodging House Business Licence, from the City's Licencing Services section. 5. That the owner shall confirm their acknowledgement that, when a lodging unit without a parking space is available for rent, it is advertised as not having a legal on-site parking space; and furthermore, that all lease agreements for that unit stipulate that there is no on-site parking. 6. That Conditions 1 through 5, above, shall be completed by September 8, 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. AKIW�� 11 Andrew Pinnell, MCIP, RPP Senior Planner Attach: Plan Submitted with Application Form Juliane von Westerholt, MCIP, RPP Senior Planner # a V1 1 O � pry o = IN3r.483581 2 VO FRAME BLA6, ABOVA, CARPORr a 04 C4 j` ROW OF CAM, -r s4vAPoRr P/L j JRS roves- 9•4'r T tl ■ 19. r N 63°15'40"w b` ►` 'C (OIE/rJ _ _ _ Ids' DEED) 63.28 166 z sraREr a ui a aRltx HOUSE .� c Ha. 39 a yPO D Q ku 2 �. U N m a ❑ 0 4*' N 64 n 09 '2o "w 86.09 Moor, cON. CUR9 {f6' x O[ED) t Lu � ❑ 64 n cm i 1 NS r, J 3 2493 5 k A 1?i .3' P; 4h'5c7,? 42.; � WiOtNED 6Y BY -LAY Ts-- I?r, I,Ysr, s49d • : A o r� Region of Waterloo November 17, 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 (4) / 55, Nikiforos Tsimpragos Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting December 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-103 — 840 Stirling Avenue South — No Concerns. 2) A 2020-104 — 114 Peach Blossom Crescent — No Concerns. 3) A 2020-105 — 39 Water Street North —No Concerns. 4) A 2020-106 — 1031 Victoria Street North: Existing Parking & Sign Encroachments: Regional staff have concerns with the few existing parking stalls currently encroaching (Plan attached) into Victoria Street North (RR #55) right-of-way. Regional staff would not support or allow any encroachments into the Regional right-of-way. Therefore, the existing encroaching parking spots must be removed permanently. One of the 2 encroaching parking spots at east property side has been already removed due to recent reconstruction of Victoria Street, but 1 parking spot is still within the Regional right-of- way. Similarly, 1 parking spot on the west side is partly encroaching within the Regional right-of-way. This may also affect the parking spots required for the existing and the Document Number: 3464204 Page 1 of 3 proposed business on the above lands. A parking plan showing all the required parking spots on the private lands be provided for further review by the staff; and be approved by the City to ensure there is no parking encroachment within the Regional road right-of- way. Also, there is a ground sign encroaching within the Regional right-of-way, which should also be removed onto private property. 5) A 2020-107 — 236 Margaret Avenue — 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, "�.-:___J�L- g) Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 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 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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_grand river. 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 Holly Dyson From: Tony To <Tony.To@metrolinx.com> Sent: 30 November, 2020 10:42 AM To: Holly Dyson Subject: [EXTERNAL] RE: ACTION REQUIRED - Committee of Adjustment Agenda - December 8, 2020 Meeting Attachments: Metrolinx Environmental Easement, September 2020.docx Thanks Holly. My comments on the MV applications relevant to Metrolinx are below. A 2020-105 — 39 Water Street North I understand the subject application is requesting relief from the Zoning By-law in order to convert an existing single family dwelling to a "Lodging House." I note the subject lands are located in proximity to Metrolinx's Guelph Subdivision, which carries GO Transit service along the Kitchener rail corridor. My comments on the subject application are noted below: 1. It is recommended the proponent obtain a noise and vibration assessment, conducted by a qualified professional, to identify any potential noise and/or vibration impacts as a result of the neighbouring rail operations, and recommended mitigation. Should the proponent wish to undertake the assessment, they may obtain the most up to date rail forecast by submitting a request to raildatarequests@metrolinx.com. 2. The Owner agrees to grant Metrolinx an environmental easement for operational emissions, registered on title against the subject property. I have attached a copy of the environmental easement language for the applicant's information. The applicant may contact me directly with any questions, and to begin the registration process. A 2020-106 — 1031 Victoria Street North I understand the subject application is requesting relief from the Zoning By-law in order to permit retail commercial use on the subject land, which is currently being operating as "Gym and wholesale" uses. I note the subject lands are located in close proximity to Metrolinx's Guelph Subdivision, which carries GO Transit service along the Kitchener rail corridor. I have no concerns or comments related to the requested relief and change in use. TONY TO Project Manager Third Party Projects Review, Capital Projects Group Metrolinx 120 Bay Street I Suite 600 1 Toronto I Ontario I M5J 2W3 T: 416.202.0809 C: 416.902.0157 aft METROLINX From: Holly Dyson <Holly.Dyson @kitchener.ca> Sent: November -30-20 9:12 AM To: Tony To <Tony.To@metrolinx.com>; Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: RE: ACTION REQUIRED - Committee of Adjustment Agenda - December 8, 2020 Meeting Hi Tony, You can email your comments directly to me. Thanks. Form of Easement WHEREAS the Transferor is the owner of those lands legally described as [insert legal description] (the "Easement Lands"); IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night with noise, vibration and any other emission and sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arising from same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub -tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross. Staff Repoil Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 8th, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 1 DATE OF REPORT: November 26th, 2020 REPORT #: DSD -20-208 SUBJECT: A2020-106— 1031 Victoria Street North Applicant — Nikiforos Tsimpragos Recommendation: Approval with conditions �OKI,_ tom. V+G,U�`PSS -7 I. s.et A - s Location Map: 1031 Victoria Street North REPORT Planning Comments: The subject property located at 1031 Victoria Street North is zoned Arterial Commercial Zone (C-6) in the Zoning By-law 85-1 and designated Commercial in the City's Official Plan. The applicant is proposing to use the existing building for a retail use and cannot meet the requirements of Section 12 of the Zoning By-law. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is requesting relief from: a) Section 12.1 to permit a retail use, whereas a retail use is not permitted within the C-6 zoning; b) Section 6.1.2a) to permit a parking rate for a retail use of 1 space per 33m2 whereas the parking rate for a retail use requires 1 space per 20m2 It should be noted that the parking layout that is currently on site, is considered legal non -conforming. The applicant is currently only requesting to legalize the parking rate so that the 17 legal non -conforming parking spaces meet the parking calculation for commercial recreation (gym and fitness center) and retail space. Currently there are no future plans to alter the current parking layout, and the applicant is aware that a site plan application would be required, if any of the parking spaces were to be altered or relocated. As per the above aerial photo, there were a number of spaces outside of the property boundaries and in the regional right of way. Theses spaces that encroached have been removed due to the Regional road reconstruction. The commercial recreation use was established in 2016 and currently requires 12 spaces on site, which leaves 5 spaces for the retail use. The Crozby calculation of 1 space per 33m2 meets the requirement for 5 spaces, based off of the remaining gross floor area of the building provided. City Planning staff conducted a site inspection of the property on November 26, 2020. 1031 Victoria Street North (Retail Space, Front Unit) 1031 Victoria Street North (Commercial Recreation space, Rear Unit) Current legal non -conforming parking layout on file. (17 spaces total) 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 Commercial in the City's Official Plan. The proposed variances meets the intent of the designation, as lands designated for commercial use provide a range of commercial options and ensures the uses are well distributed, accessible and able to respond to the City's residents. Also, lands designated Commercial are intended to provide for a range of retail uses that cater primarily to the weekly and daily needs of residents within the surrounding neighbourhood. The addition of a retail use, and parking rate meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested minor variances to permit a retail use, and for a reduced parking rate of 1 space per 33m2 whereas a parking rate of 1 space per 20m2, all meet the general intent of the Zoning By-law. Both variances to permit a retail use, and for a reduced parking rate are considered minor as this is the direction of the City's new Zoning By-law 2019-051 which will permit retail uses and the proposed parking rate for retail use in the area. However, it is noted that the 2019-051 By-law is currently under appeal and is not in effect Furthermore, there are no additional variances required to By-law 85-1 for the current building, as the setbacks are currently met, and there are no proposed changes to the existing building. Staff is satisfied that by permitting the retail use on the property and the reduced parking rate ahead of the new By-law coming into effect meets the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The new development encourages a mixed use within the neighbourhood and is at a scale and density that is appropriate. 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. 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 for the change of use to retail space is prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services can support the proposed parking reduction to 1 space per 33 square metres for a retail use, as it is an existing condition and the proposed parking rate follows the intent of 2019-051 zoning by-law. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning has no concerns with this application. RECOMMENDATION That minor variance application A2020-106 requesting relief from section 12.1 to permit a retail use, whereas a retail use is not permitted; and relief from Section 6.1.2a) to permit a parking rate for a retail use of 1 space per 33m2 whereas the parking rate for a retail use requires 1 space per 20m2, be approved subject to the following conditions: 1. That Zoning (Occupancy) Certificates are obtained from the Planning Division to establish the Retail use on the property. 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 November 17, 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 (4) / 55, Nikiforos Tsimpragos Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting December 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-103 — 840 Stirling Avenue South — No Concerns. 2) A 2020-104 — 114 Peach Blossom Crescent — No Concerns. 3) A 2020-105 — 39 Water Street North —No Concerns. 4) A 2020-106 — 1031 Victoria Street North: Existing Parking & Sign Encroachments: Regional staff have concerns with the few existing parking stalls currently encroaching (Plan attached) into Victoria Street North (RR #55) right-of-way. Regional staff would not support or allow any encroachments into the Regional right-of-way. Therefore, the existing encroaching parking spots must be removed permanently. One of the 2 encroaching parking spots at east property side has been already removed due to recent reconstruction of Victoria Street, but 1 parking spot is still within the Regional right-of- way. Similarly, 1 parking spot on the west side is partly encroaching within the Regional right-of-way. This may also affect the parking spots required for the existing and the Document Number: 3464204 Page 1 of 3 proposed business on the above lands. A parking plan showing all the required parking spots on the private lands be provided for further review by the staff; and be approved by the City to ensure there is no parking encroachment within the Regional road right-of- way. Also, there is a ground sign encroaching within the Regional right-of-way, which should also be removed onto private property. 5) A 2020-107 — 236 Margaret Avenue — 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, "�.-:___J�L- g) Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 PFA-�' TORIA STREET NORTH - EXISPARKING ENCROAGHIENT 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 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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_grand river. 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 Holly Dyson From: Tony To <Tony.To@metrolinx.com> Sent: 30 November, 2020 10:42 AM To: Holly Dyson Subject: [EXTERNAL] RE: ACTION REQUIRED - Committee of Adjustment Agenda - December 8, 2020 Meeting Attachments: Metrolinx Environmental Easement, September 2020.docx Thanks Holly. My comments on the MV applications relevant to Metrolinx are below. A 2020-105 — 39 Water Street North I understand the subject application is requesting relief from the Zoning By-law in order to convert an existing single family dwelling to a "Lodging House." I note the subject lands are located in proximity to Metrolinx's Guelph Subdivision, which carries GO Transit service along the Kitchener rail corridor. My comments on the subject application are noted below: 1. It is recommended the proponent obtain a noise and vibration assessment, conducted by a qualified professional, to identify any potential noise and/or vibration impacts as a result of the neighbouring rail operations, and recommended mitigation. Should the proponent wish to undertake the assessment, they may obtain the most up to date rail forecast by submitting a request to raildatarequests@metrolinx.com. 2. The Owner agrees to grant Metrolinx an environmental easement for operational emissions, registered on title against the subject property. I have attached a copy of the environmental easement language for the applicant's information. The applicant may contact me directly with any questions, and to begin the registration process. A 2020-106 — 1031 Victoria Street North I understand the subject application is requesting relief from the Zoning By-law in order to permit retail commercial use on the subject land, which is currently being operating as "Gym and wholesale" uses. I note the subject lands are located in close proximity to Metrolinx's Guelph Subdivision, which carries GO Transit service along the Kitchener rail corridor. I have no concerns or comments related to the requested relief and change in use. TONY TO Project Manager Third Party Projects Review, Capital Projects Group Metrolinx 120 Bay Street I Suite 600 1 Toronto I Ontario I M5J 2W3 T: 416.202.0809 C: 416.902.0157 aft METROLINX From: Holly Dyson <Holly.Dyson @kitchener.ca> Sent: November -30-20 9:12 AM To: Tony To <Tony.To@metrolinx.com>; Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: RE: ACTION REQUIRED - Committee of Adjustment Agenda - December 8, 2020 Meeting Hi Tony, You can email your comments directly to me. Thanks. Form of Easement WHEREAS the Transferor is the owner of those lands legally described as [insert legal description] (the "Easement Lands"); IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night with noise, vibration and any other emission and sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arising from same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub -tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross. Re: Committee of Adjustment Application for Minor Variance A2026- 1031 Victoria Street North To whom it may concern: It has come to our attention that a variance Application has been submitted on a property which impacts our property on . We are located= from 1031 Victoria Street North, and unfortunately not being within 30 in, did not receive written notice. We find the 30m notification radius inadequate. The subject property has changed uses numerous times in the recent past, including a beauty and hair styling school, a wholesale discount outlet, and now most recently a fitness, outlet. It is unclear how a Retail use differs from previous uses, unless it involves greater traffic, and demands for parking. Parking generally in the neighbourhood has become strained, in particular when the Mosque is functioning (as prior to COVID). The streets are filled! If it can be proven that that the intended retail will require less parking, then it may not be a significant concern. However, if the current parking arrangement is reviewed, it appears to be badly structured and in poor repair. Also, there appears to be no facility for exterior garbage storage or deliveries. Of greater concern than parking, is the use of the property as a gym which extends to the outdoors. At the rear of the building is an existing overhead door that is frequently opened before 8:00 am. (including Sundays), spilling out loud bass filled amplified music and cardio instruction. Also, since the rear yard space is small, outdoor equipment stored there has spilled onto the rear Mosque parking area. Large tires are pounded with clubs, and loaded metal skids are dragged back and forth on the asphalt noisily. There have, also been cardio workout groups with amplified music and instruction in the early morning, in the rear of the Mosque parking lot. This has been a disturbance at our rear property with bedrooms backing onto this space. We would hope these items and all other items normally associated with a Site Plan Approval be addressed. In particular concern is the glare producing rear security lights, noise and lack of site maintenance. Please consider our comments; and we thank you for your consideration. Staff Repoil Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 8th, 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: 10 DATE OF REPORT: November 27th, 2020 REPORT #: DSD -20-209 SUBJECT: A2020-107— 236 Margaret Avenue Applicant — Pierre Chauvin Recommendation: Approval with conditions fill jot Location Map: 236 Margaret Avenue REPORT Planning Comments: The subject property located at 236 Margaret Avenue is zoned Convenience Commercial (C-1) in Zoning By-law 85-1 and Local Commercial (COM -1) in Zoning by-law 2019-051 (under appeal). Any development on the property is subject to the most restrictive regulations of each zoning by-law. The property is designated Low Rise Residential in the City's Official Plan. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is proposing to convert the existing two-storey mixed use building (two vacant commercial units and 8 dwelling units) to a 14 -unit multiple dwelling. This will entail removal of the two existing ground floor commercial units and creating additional dwelling units which does not meet all of the zoning requirements of the Zoning By-laws. The Low -Rise Residential designation of the property supports the use of a multiple dwelling, however both zoning by-laws only permit dwelling units to be in a building with other permitted commercial uses and except for access, are not permitted on the ground floor. The applicant is requesting relief from: 1. Section 6.1.2a) to reduce the parking ratio to 0.6 spaces per unit, rather than the required 1.25 spaces per unit; 2. Section 6.1.2b) vi) A) to reduce the visitor parking to 11 %, rather than the required 15%; 3. Section 7.2 to allow dwelling units on the ground floor; and, 4. Section 5.6.1b) to allow steps to be located 0.18 metres from the side lot line rather than the required 0.75 metres. r Proposed Site Plan: 236 Margaret Avenue It should be noted that there are existing dwelling units on the ground floor of the building which are considered legal non -conforming. City Planning staff conducted a site inspection of the property on November 26, 2020. n 01 Google Street View Image N 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 The subject property is designated Low Rise Residential in the City's Official Plan which supports multiple dwellings with a building height less than 3 -storeys. The proposed redevelopment meets the general intent of the Low Rise Residential designation in terms of built form. The Low Rise Residential designation permits complementary non-residential uses within buildings, however the policies to not require or prohibit dwelling units on the ground floor. Presently there are existing legal non -conforming dwelling units on the ground floor of the building located behind the commercial units. Renovating the building to remove the vacant commercial spaces to create more dwelling units will continue to maintain the Low Rise Residential designation, therefore the requested relief meets the general intent of the Official Plan. The requested variances for reduced unit and visitor parking are supported by Transportation Demand Management (TDM) measures which help to reduce the demand for parking. A parking justification report has been submitted which shows that the proposed TDM measures support the parking reductions. Based on the foregoing, the proposed redevelopment of the building meets the general intent of the Official Plan. General Intent of Zoning By-law The requested variance to provide 0.6 parking spaces per unit meets the general intent of the zoning by- law as sufficient parking will be provided for the residents as evidenced by the findings of the parking justification report submitted in support of this development. The owner will be implementing Transportation Demand Management (TDM) measures to reduce the demand for parking on site. Additionally, the property is situated on a public transit route providing another mode of transportation for tenants in the building. Visitor parking will also be provided on site at a slightly reduced rate (11% vs. 15%) and barrier free parking will also be provided. The C-1 and COM-1 Zones permit dwelling units as of right, with the stipulation that they are located within the same building as a commercial use. The two small commercial units in the existing building have been vacant for many years which indicates that commercial uses on this small property are not and have not been viable. The site is also located a short walking distance to neighbourhood shopping. The proposed units on the ground fronting Margaret Avenue will be designed with front doors and glazing along the fagade that in the future could be reverted back to commercial units. In regard to the reduced setback of the exit stairs (0.18 metres), the zoning by-law does allow encroachment of stairs into the side yard, provided there is a minimum setback of 0.75 metres to the lot line. The intent of the setback is to ensure there is sufficient separation between the stairs and the lot line to provide adequate ingress/egress without encroaching onto the abutting property. The exit stairs are only required for emergency purposes and abut a parking lot. Staff is of the opinion that the proposed setback of 0.18 metres will be sufficient in the event of an emergency exit situation. Given the foregoing, staff is of the opinion that the requested variances meet the general intent of both Zoning By-laws. Application is Minor Staff is of the opinion that requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The addition of dwelling units in the building will provide much needed housing in the community and is at a scale and density suitable for the property. Application is Appropriate The variances are appropriate for the development and use of the land. The requested variances will not impact any of the adjacent properties or the surrounding neighbourhood and will provide an overall property and neighbourhood enhancement by improving both the exterior of the building and the site including landscaping, a proper front yard, defined parking spaces and an appropriately sized driveway access. 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. Engineering Comments: Engineering has no comments or concerns. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the additional residential units is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: The Parking Justification Report submitted by MHBC Planning (October 2020) has demonstrated that the proposed parking rate could be attainable, through the following; unbundling of parking, indoor bicycle storage, existing GRT routes (#4 and #204 iXpess) in the area, coupled with parking utilization studies completed at proxy sites. It should be noted that, there are existing bicycle lanes along Margaret Avenue which connect to the downtown cycling network. Based on the information provided with this application, Transportation Services can support the proposed parking reduction. RECOMMENDATION That minor variance application A2020-107 requesting relief from Section 6.1.2a) to reduce the parking ratio to 0.6 spaces per unit, rather than the required 1.25 spaces per unit; Section 6.1.2b)vi)A) to reduce the visitor parking to 11%, rather than the required 15%; Section 7.2 to allow dwelling units on the ground floor; and, Section 5.6.1b) to allow steps to be located 0.18 metres from the side lot line rather than the required 0.75 metres, be approved subject to the following conditions: 1. That the Owner shall receive approval of a Site Plan Application to the satisfaction of the City's Manager of Site Development and Customer Service by June 1, 2021. 2. The Owner shall implement all required Transportation Demand Management measures through the site plan approval process to the satisfaction of the City's Director of Transportation Services. L i� T"wrt, Lisa Thompson, CPT Juliane von Westerholt, BES, MCIP, RPP Planning Technician Senior Planner Region of Waterloo November 17, 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 (4) / 55, Nikiforos Tsimpragos Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting December 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-103 — 840 Stirling Avenue South — No Concerns. 2) A 2020-104 — 114 Peach Blossom Crescent — No Concerns. 3) A 2020-105 — 39 Water Street North —No Concerns. 4) A 2020-106 — 1031 Victoria Street North: Existing Parking & Sign Encroachments: Regional staff have concerns with the few existing parking stalls currently encroaching (Plan attached) into Victoria Street North (RR #55) right-of-way. Regional staff would not support or allow any encroachments into the Regional right-of-way. Therefore, the existing encroaching parking spots must be removed permanently. One of the 2 encroaching parking spots at east property side has been already removed due to recent reconstruction of Victoria Street, but 1 parking spot is still within the Regional right-of- way. Similarly, 1 parking spot on the west side is partly encroaching within the Regional right-of-way. This may also affect the parking spots required for the existing and the Document Number: 3464204 Page 1 of 3 proposed business on the above lands. A parking plan showing all the required parking spots on the private lands be provided for further review by the staff; and be approved by the City to ensure there is no parking encroachment within the Regional road right-of- way. Also, there is a ground sign encroaching within the Regional right-of-way, which should also be removed onto private property. 5) A 2020-107 — 236 Margaret Avenue — 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, "�.-:___J�L- g) Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 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 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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_grand river. 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 Develo n7entServicesDepartr7ent REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD(S) INVOLVED DATE OF REPORT: REPORT NO.: SUBJECT: L www.kitchenerca Committee of Adjustment December 8, 2020 Juliane von Westerholt — Senior Planner, 519-741-2200 ext. 7157 Katie Anderl — Senior Planner, 519-741-2200 ext. 7987 Ward 1 November 27, 2020 DSD -20-210 B2020-045 — 145 & 155 Ann Street Applicant — Karen McKiel & William Finlay Approve Map 1 — Location Map 145 & 155 Ann Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Photo 1: 145 & 155 Ann Street (photo taken November 19, 2020) REPORT: The subject lands, located at 145 and 155 Ann Street, have accidentally merged in title, and the owner is seeking consent to sever the lands along the previously existing lot line. The subject dwellings were originally constructed in the early 1950's and no changes are proposed to either property as a result of the severance. 145 Ann Street currently contains a single detached dwelling and 155 Ann Street contains a triplex. The lands continue to have separate PIN's and the proposed severance will permit the lots be to legally recreated as they previously existed, as per the existing metes and bounds descriptions provided in support of the application. 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, the uses of both the severed and retained parcels are in conformity with the City's Official Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses of the lands, front on an established public street, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Building Comments: The Building Division has no objections to the proposed consent. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Parks Comments: Parkland dedication is not required. Ministry of Transportation: The subject lands fall within the MTO control area, however, has no concerns with the proposed severance. RECOMMENDATION That application B 2020-045 requesting consent to sever 155 Ann Street from 145 Ann Street, 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), to the satisfaction of the Secretary Treasurer of the Committee of Adjustment. 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. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, 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 26, 2020 Re: Comments for Consent Applications B2020-045 to 62020- 048 Committee of Adjustment Hearing December 8, 2020 CITY OF KITCHENER B2020-045 145 and 155 Ann Street Karen McKiel and William Finlay The owner/applicant is proposing to sever two adjacent part lots municipally known as 145 and 155 Ann Street. These properties merged on title previously and the owner/applicant wishes to sever the lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Water Services: Regional Staff advise that he subject property is located in Kitchener 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: Document Number: 3474109 Version: 1 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-046 50 Fifth Avenue Amarjit Singh The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Water Services: Regional Staff advise that the subject property is located in Kitchener 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. Noise: The proposed severed and the retained lots are located within 200 metres of a high traffic & high speed King Street Bypass and within 500 metres of Conestoga Parkway (Highway 7/8) and would have impacts from transportation noise sources in the vicinity. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: a) The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air- conditioning. b) The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will Document Number: 3474109 Version: 1 allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air-conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." Document Number: 3474109 Version: 1 B2020-047 50 Brookside Crescent Michael Krause The owner/applicant is proposing a severance to permit a semi-detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-048 53 Candle Crescent William Shafer The owner/applicant is proposing an easement over a portion of 53 Candle Crescent in favour of part of 55 Candle Crescent to permit legal access to the rear yard. 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, Matthew Colley, Planner Document Number: 3474109 Version: 1 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 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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_grand river. 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 Holly Dyson From: Hodgins, Allan (MTO) <AIIan.Hodgins@ontario.ca> Sent: 24 November, 2020 1:27 PM To: Holly Dyson Cc: Dianna Saunderson; Hamdan, Fadwa (MTO) Subject: [EXTERNAL] RE: ACTION REQUIRED - Committee of Adjustment Agenda - December 8, 2020 Meeting Attachments: CA Agenda - 2020-12-08.pdf Good Afternoon Holly & Dianna, The Ministry of Transportation (MTO) has no objection to these applications. The subject properties are all located beyond our limits of permit control (with the exception of the file noted below), and therefore MTO review, approval and permits will not be required. B 2020-045 - 145- 155 Ann Street does fall within the MTO permit control, but MTO has no concerns with the severance as proposed. I will not be participating in the Committee of Adjustment for the City of Kitchener meeting on Dec. 8th, 2020 Regards, Allan Hodgins I Corridor Management Planner (A) Ph. (226) 973-8580 1 Fax (519) 873-4228 Email: allan.hodgins(�ontario.ca Ontario 0 The Ministry of Transportation of Ontario West Operations Branch I Corridor Management Section, West 1St Floor 1 659 Exeter Road, London, Ontario, WE 1L3 hftps://www.hcms.mto.gov.on.ca From: Holly Dyson <Holly.Dyson @kitchener.ca> Sent: November 20, 2020 12:03 PM To: Holly Dyson <Holly.Dyson@kitchener.ca> Subject: ACTION REQUIRED - Committee of Adjustment Agenda - December 8, 2020 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Good Afternoon, The Agenda for the December 8, 2020 Committee of Adjustment meeting is now available online on our Council/Committee Meeting Calendar Please use the following link to view: LINK The combined Agenda with Reports will be posted to the meeting calendar by noon on Friday, December 4, 2020. Regards, Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly. dyson(cDkitchener.ca Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: J Ki R www.kitchener. ca Committee of Adjustment December 8, 2020 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Eric Schneider, Planner - 519-741-2200 ext. 7843 3 November 27, 2020 DSD -20-211 APPLICATION #: B2020-046 50 Fifth Avenue Applicant: Harpreet Kaur Singh Approve with conditions Location Map: 50 Fifth Avenue REPORT Planning Comments: The subject property is zoned Residential Four Zone (R-4) in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The single detached dwelling on the property will be demolished and the applicant proposes to construct a semi-detached dwelling on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. The Owner is requesting permission to sever the subject lands into two lots to build a semi- detached dwelling. The severed lot would have a lot width of 7.83 metres, a depth of 40.32 metres, and an area of 315.89 square metres. The retained lot would have a lot width of 7.83 metres, a depth of 40.32 metres, and an area of 315.89 square metres. City Planning staff conducted a site inspection of the property on November 27, 2020. Existing single detached dwelling at 50 Fifth Ave (November 27, 2020) 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, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. The proposed lots conform to the Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. 440320 46.00* 423 00 q 1 i 46 OOP PROPOSED 2 -STOREY e LCl7 50A EXISTING SINGLE SEMI-DETACHED 4 315.89SQ. M FAMILYDWELLING = — — FAMILY DWELLING ? r {v RpoVUSEe SEMI i 75.05 SOLM (808 SCLF) oftEw, , Q M m PP. P YMl —' Wl PROPOSED 2 -STOREY DR1AWA" ` LOT SOB SEMI-DETACHED , „„ , LL m 315.89 SQ.M FAMILY DWELLING 75.05 SQ M (808 $Q.F) 423.000 .............. .{4E32►..6 46.110► N Proposed lot fabrics Based on the foregoing, Planning staff recommends that Consent Application B2020-046, requesting consent to sever the subject property into two lots be approved, subject to the conditions listed 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 permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building/demolition permit will be issued. Transportation Services Comments: Transportation Services has no concerns with the proposed application. 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 Trevor Jacobs (trevor.iacobs(a-)-kitchener.ca). Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing all outlets to the municipal servicing system 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. 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 $3,601.80. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (7.83m) at a land value of $9,200 per frontage meter. RECOMMENDATION: That Application B2020-046 requesting consent to sever the subject property into two lots 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(ies) to the satisfaction of the City's Revenue Division; 2. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,601.80. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provides 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 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. 4. That the Owner make 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. 5. That any new driveways 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. 6. That the Owner provides a servicing plan showing all outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner submits a complete Development and Reconstruction As - Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. 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. 9. That the Owner shall prepare a Tree Management Plan for both 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 demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 10. That the Owner obtains Demolition Control approval in accordance with the City's Demolition Control By-law to the satisfaction of the Director of Planning 11. That the Owner obtains a demolition permit to the satisfaction of the Chief Building Official. 12. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Eric Schneider, MCIP, RPP Planner Juliane von Westerholt BES, 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 26, 2020 Re: Comments for Consent Applications B2020-045 to 62020- 048 Committee of Adjustment Hearing December 8, 2020 CITY OF KITCHENER B2020-045 145 and 155 Ann Street Karen McKiel and William Finlay The owner/applicant is proposing to sever two adjacent part lots municipally known as 145 and 155 Ann Street. These properties merged on title previously and the owner/applicant wishes to sever the lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Water Services: Regional Staff advise that he subject property is located in Kitchener 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: Document Number: 3474109 Version: 1 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-046 50 Fifth Avenue Amarjit Singh The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Water Services: Regional Staff advise that the subject property is located in Kitchener 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. Noise: The proposed severed and the retained lots are located within 200 metres of a high traffic & high speed King Street Bypass and within 500 metres of Conestoga Parkway (Highway 7/8) and would have impacts from transportation noise sources in the vicinity. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: a) The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air- conditioning. b) The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will Document Number: 3474109 Version: 1 allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air-conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." Document Number: 3474109 Version: 1 B2020-047 50 Brookside Crescent Michael Krause The owner/applicant is proposing a severance to permit a semi-detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-048 53 Candle Crescent William Shafer The owner/applicant is proposing an easement over a portion of 53 Candle Crescent in favour of part of 55 Candle Crescent to permit legal access to the rear yard. 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, Matthew Colley, Planner Document Number: 3474109 Version: 1 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 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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_grand river. 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 Repod KN- 16 URENER Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 8, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 7 DATE OF REPORT: November 30, 2020 REPORT NUMBER: DSD -20-212 SUBJECT: Application B2020-047 50 Brookside Crescent Owner/Applicant — Michael Krause Defer Subject Property: 50 Brookside Crescent Staff Report KN NEx Development Services Department wwwkitchener.ca Background: On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. Report: The Owner is now proposing to demolish the existing detached garage and sever the property to create a new lot for a semi-detached dwelling. The existing dwelling on the retained lands is proposed to be retained. The proposed severed lands have a lot width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres. The retained lot is proposed to have a lot width of 30.4 metres (at the street line), a depth of approximately 43 metres and a lot area of approximately 1490 square metres. Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. Planning Staff is recommending this application be deferred to the February 16, 2021 meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. City Planning staff conducted a site inspection of the property on November 20, 2020 r li■fy''R` �� S � f i Q "", e tiRr 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 26, 2020 Re: Comments for Consent Applications B2020-045 to 62020- 048 Committee of Adjustment Hearing December 8, 2020 CITY OF KITCHENER B2020-045 145 and 155 Ann Street Karen McKiel and William Finlay The owner/applicant is proposing to sever two adjacent part lots municipally known as 145 and 155 Ann Street. These properties merged on title previously and the owner/applicant wishes to sever the lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Water Services: Regional Staff advise that he subject property is located in Kitchener 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: Document Number: 3474109 Version: 1 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-046 50 Fifth Avenue Amarjit Singh The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Water Services: Regional Staff advise that the subject property is located in Kitchener 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. Noise: The proposed severed and the retained lots are located within 200 metres of a high traffic & high speed King Street Bypass and within 500 metres of Conestoga Parkway (Highway 7/8) and would have impacts from transportation noise sources in the vicinity. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: a) The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air- conditioning. b) The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will Document Number: 3474109 Version: 1 allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air-conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." Document Number: 3474109 Version: 1 B2020-047 50 Brookside Crescent Michael Krause The owner/applicant is proposing a severance to permit a semi-detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-048 53 Candle Crescent William Shafer The owner/applicant is proposing an easement over a portion of 53 Candle Crescent in favour of part of 55 Candle Crescent to permit legal access to the rear yard. 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, Matthew Colley, Planner Document Number: 3474109 Version: 1 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 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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_grand river. 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 50 Brookside Crescent — Proposed Severance to Create 52/54 Brookside Crescent Petition Some of the residents of Brookside Crescent are concerned about what is happening with the property at 50 Brookside Crescent. We were not in the know about what was happening when the property was severed and a duplex constructed on the east side. Now, we are concerned about the severance of the lot and the construction of semis on the west side. We maintain that the detached garage should be part of the heritage designation that goes along with the farmhouse. This building used to be the smokehouse and is an original building. It was refurbished in the 70s, not constructed then. The coachhouse (at the back of the property) is not original and was constructed in the late 80s by the Madill family. We need to clarify the existing stone "storage" building (as per the plan) on the lot of the heritage home as it is currently being used as a rental unit. It is now occupied by a tenant. Is this compliant? Garett Stevenson from Planning is looking into this for us. As per the HIA, what outbuilding is being protected under the heritage designation along with the house and summer kitchen wing? Is it the storage building (coachhouse) that is to remain and the garage to be demolished? We think that is backwards as we know the coachhouse was built in the late 80s and the smokehouse/detached garage was an original structure. Unfortunately, there was no building permit obtained to build this. The owner at the time stated that to the owner of when he was building it. It is the detached garage out front that is original. Our question would be why would anyone build a smokehouse in the 70s in the middle of a subdivision? It was already there, and merely refurbished in the 70s. The City registrar says the- bought in 1972, but they were already there well before that. As per== bought the farm on April 1, 1956 from the-. I have the purchase offer to by Dutchman homes in 1964. Costain bought the property from Dutchman Homes before 1971." OFFER TO PURCHASE t_ eg7p,"Ja M. t Ll1llt[d. a IY pini, p V�l " W1* mod P M EL�EILMUr _ .t#n L-10trMnet I+evehiar ■7SOMMIL � if xrrihc,uarerX fIi�raG.�, sei lleMw�1BNeb0i� SRjipturW t0thbwl S rt 'SID Waso iris, r,ni �yrryg IlY t143 :.r.r+414 fCf4ie i1 darrllyd In d -W rylrcrrlW IP thr -Kwq}IrewV ID fa s toK� #rrrq plvfirlan Of tM Count of Mrtarioo, in S-14 n tai fwlrzrbrp of �IilrCrrloo. list' *ran-'�ii t acres oil lJrd on gtrlw:l+ 1111 oa t -461 - the ,Vedcw r• farm hosris"MQh shutl 40 Irr L40 IMEd tae E;I hk f�ba11 �4. 7r �44� �Ys & f put a Flop of lAbdivItIono PFICO GI at az rrlrtl mous -..,-- 00.110a U&JI&P6 -or lawFwl l� !t LaLt haat �B, klu of ,Il,,P�aFegIN uxn altti hwoks Ich fo.-� rwWs Or 4k6■ o#Ise u I'Met: r YYai.� • e" lir "A bilk w a va tur- a W wT1 f— iM '�p-I� phi L •..i rerwi. M aYe nx'. +.2 Nw �wwr F.,e g,.ypwr ee! eYe{ ,YtiewJ In 1d M! 3eY .� Y.1 •eaeesw� �w� L7Y a+ .ew rI _d � tll'H u 1. lL ..iur z, l 1uGerwe..e YYe +lull w lir .iea�.�.-... - eunY.re f��y-.}, +[wswk .e ."_._yr, i✓Qauyf rtue y Yw j r .9r. reF"i H rhY x�l '.La..rA .1 yln u �q>ae8 L1 LH cah4.i " fi;+ cNf°ryy'E'lttn lauF„rr,}x-awl/#/k,'IHIt'�n r lT4ir}al I �J,-f 'f.�l.s=.a r -s OFFER kl From "When they bought the farm in 1956, it was a standalone building as most smoke houses were. The original farm was much different than the pictures we have sent you - more like the old style farm buildings made of wood so smoke houses were always separate from that. The closest building to it was a driving shed and then the main barn past that. Unfortunately, there was a fire in the main barn caused by a tractor parked in there and being too hot. The main building and the drive shed were burned by the fire but not the smokehouse... because it was closer to the house. Ironic actually since it was a "smokehouse”. u 4 Top building — House, middle building — garage/driving shed, front building — barn. The driving shed was built onto the smokehouse. Above picture 1962, no coachhouse, but does show detached garage. i "loom ►: •mow V ! it t 'i'1��,r+,}[��.i/lll�f�'f. 'J'r°rf'��✓'//#' � l'2}f/'/Ill _.� y. iL etuarwr r.. ...rrn m 4#uj— •j�+.+.r�T.. 9..,..us Nexe. nc.'.�.I'�il :.3 Apparent ,ly the Balt- to ynu by the fg�ily is suoposed to be earr-pleted On the lot Qf' Aprill of co4rse, is a Sunday no that it Will probably be a day or tura later befare the deal call be Clased— Era the meantime i afl� �L � ,.emenG 'jf e ti bus;�azs r€ cgived from,M solicitors havi h tQ R :. wi11 e � Cs� heu the dei l it -aMC)Unt na-.I,L ]Lr -.t. me kno what k' e'� rl emerts tlu ars �ak3 . r. ... Liil�"tgago 1f1DReY .`'*�T t l i:, ] h9T } S • r1Y�ifa� . Yours truly. 1Jk6Tj.L�C{ i llam;Ffi b. 1 i k� - sold to_ family in 1956. I- �-�F.JW•'.O- AWes•-.P- '0' IJ Mid 1980's, angle from 58 Brookside clearly showing no coachhouse in the backyard of 50 Brookside From "Beside the house on the left hand side there is not a building in where we always had a large vegetable garden. Whatever building that is there now was put in after_ sold the house. The old smokehouse / garage is under the shed roof in front of the house to the left." If you have any questions, please contact any of the following. They lived at 50 Brookside Crescent. In the package that was received from Victoria Grohn, Planning, on page 2, it is stated at the bottom that "the owner has indicated that the proposed semi-detached units will be designed and constructed in a style and manner similar to the duplex residence being constructed now to ensure compatibility with the retained house lot and adjacent residential properties". We do not need another structure similar to the new build in the neighbourhood. The duplex is squished in beside the house next to it and sticks out further than the other houses on the street, impeding their sight lines. As we believe the current owner of 50 Brookside does not recognize the heritage or historical value, we need to preserve our street scape. In our opinion, the current new build diminishes the historical heritage of the farmhouse, does not enhance the character of the neighbourhood, and is not compatible with the other houses in the vicinity. The neighbour on the east side of the new build is very distressed about the style of the new build as it has hindered her sight lines and the height is also questionable... in the planning information the official plan designation is "low rise residential". If the new build is approved, how much input do the surrounding neighbours have on the style of the new build? We need to question the height, setback and building elevation of proposed new build, sufficient parking, etc. The proposed plan indicates a setback of 6.0 m (approx. 20 feet). 58 Brookside extends approx. 30 feet which means the new proposed build would extend 10 feet beyond, impeding sight lines at 58 Brookside. In the cHc letter dated October 26, 2020, it is recommended new construction be limited in height to 1 or 1 1/2 storeys. The current new build (under construction) is 2 stories as it is a duplex. The City of Kitchener Official Plan 3.4 notes "the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form". Is this not contradictory to having similar type houses on the street? Additionally, in the original letter and copy letter from the Progressive Services Ltd. both dated October 29, 2020, there is a discrepancy regarding the zoning. The original letter indicates the proposed housing units will abide by the required setbacks under the R-5 zoning but the copy letter refers to the setbacks under R-4 zoning. The dimensions are the same for both zoning. In conclusion, we are asking that the Heritage Committee please reconsider the detached stone garage and grant it the same heritage designation as the farmhouse based on all of this information. We are requesting that 50 Brookside Cres be removed from the agenda of the Committee of Adjustment meeting that is currently scheduled for Tuesday December 8 while a possible heritage designation is revisited. Thank you, Concerned citizens of Brookside Crescent NO& IbI6 mh� 006= mm� 006�� Staff Repoil w,� �fR Development Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: December 8, 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: 3 DATE OF REPORT: November 26, 2020 REPORT #: DSD -20-213 SUBJECT: APPLICATION: B2020-048 53 Candle Crescent Owner: William Shafer Applicant: Sarah Rana Approve with conditions 53 Candle Crescent REPORT The subject property at 53 Candle Crescent is designated Low Rise Residential in the Official plan and zoned Residential Six Zone (R-6) with Special Regulation Provision 239R and 259R, and Special Use Provision 231 U in Zoning By-law 85-1. The applicant is requesting to create an L-shaped easement with a width of 1.2 metres, a depth of 31.179 metres, and an area of 37.4148 square metres over Part 15 of 53 Candle Crescent in favour of 55 Candle Crescent for the purposes of facilitating legal rear yard access for 55 Candle Crescent. In their application form, the applicants indicated that though the `parts' intended for the rear yard access easements exist on a reference plan, the easement is not included on the legal description of 55 Candle Crescent. The easement therefore does not exist in favour of 55 Candle Crescent. This application intends to correct this. Proposed access easement on Part 15 of 53 Candle Crescent would be in favour of 55 Candle Crescent to facilitate legal rear yard access. Staff conducted a site inspection on November 26, 2020 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, staff is satisfied that the creation of the easement is desirable and appropriate. For street townhouses, rear yard access easements are a requirement of the Zoning By-law and granting this easement will bring the lot in full compliance with the By-law and facilitate access for 55 Candle Crescent to their rear yard. E CANDLE CRESCENT { EetueuatHe by Rog'e Plan 5861- U ( t84..eves %, ) Y PIN 227Jz - 0204 q ?3 4"4`'e aP9 hie ssW Psly A. b.6S7 c.e.ppg 487'08'•,7"w re W 9.556 N89'22,03-W 0.531 a (Rin-, eWtwj 9.100 p' 1.2(q x�i _ s.853 1.29 1200 lal yew 7 "UN11 5.34 !,I r t 4 #4sJ evUlNS ; VNOEn . CW57RLCM,71V x 232 $ wlxo co�cnm .56 wi P r ll'"'l��If�TTTlII l 111111 u l gp p � '� LG hNri r n PART 13 g ;i8 e33 K m 4 -C)C �P a L fw9 _3'$4'W 1199' 13'!.5 , e 8 9. 75 1�9'IS"54b Io1811EM. [I SSIr♦ 1+ 153 _,_,� Proposed access easement on Part 15 of 53 Candle Crescent would be in favour of 55 Candle Crescent to facilitate legal rear yard access. Staff conducted a site inspection on November 26, 2020 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, staff is satisfied that the creation of the easement is desirable and appropriate. For street townhouses, rear yard access easements are a requirement of the Zoning By-law and granting this easement will bring the lot in full compliance with the By-law and facilitate access for 55 Candle Crescent to their rear yard. E Based on the foregoing, Planning staff recommends that Consent Application B2020-048 requesting consent to create an access easement on 53 Candle Crescent in favour of 55 Candle Crescent for the purpose of rear yard access be approved, subject to the conditions listed in the Recommendation section of this report. Engineering Comments: No concerns. Environmental Planning Comments: No concerns. Building Comments: No concerns. Transportation Comments: No concerns. RECOMMENDATION: That Application B2020-048 requesting consent to create an L-shaped easement having an area of 37.4148 square metres on Part 15 of 53 Candle Crescent in favour of 55 Candle Crescent be approved subject to the following conditions: That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City 3. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner 3 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 26, 2020 Re: Comments for Consent Applications B2020-045 to 62020- 048 Committee of Adjustment Hearing December 8, 2020 CITY OF KITCHENER B2020-045 145 and 155 Ann Street Karen McKiel and William Finlay The owner/applicant is proposing to sever two adjacent part lots municipally known as 145 and 155 Ann Street. These properties merged on title previously and the owner/applicant wishes to sever the lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Water Services: Regional Staff advise that he subject property is located in Kitchener 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: Document Number: 3474109 Version: 1 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-046 50 Fifth Avenue Amarjit Singh The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Water Services: Regional Staff advise that the subject property is located in Kitchener 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. Noise: The proposed severed and the retained lots are located within 200 metres of a high traffic & high speed King Street Bypass and within 500 metres of Conestoga Parkway (Highway 7/8) and would have impacts from transportation noise sources in the vicinity. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: a) The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air- conditioning. b) The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will Document Number: 3474109 Version: 1 allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air-conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." Document Number: 3474109 Version: 1 B2020-047 50 Brookside Crescent Michael Krause The owner/applicant is proposing a severance to permit a semi-detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-048 53 Candle Crescent William Shafer The owner/applicant is proposing an easement over a portion of 53 Candle Crescent in favour of part of 55 Candle Crescent to permit legal access to the rear yard. 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, Matthew Colley, Planner Document Number: 3474109 Version: 1 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 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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_grand river. 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