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HomeMy WebLinkAboutCA - 2020-11-17COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 CITY OF KITCHENER The Committee of Adjustment held an electronic meeting this date, commencing at 9:59 a.m. Present: B. McColl - Vice -Chair J. Meader S. Hannah M. Kidd Officials: J. von Westerholt, Senior Planner G. Stevenson, Senior Planner A. Pinnell, Senior Planner S. Ryder, Traffic Planning Analyst D. Saunderson, Secretary -Treasurer H. Dyson, Administrative Clerk MINUTES Moved by S. Hannah Seconded by M Kidd That the regular minutes of the Committee of Adjustment meeting held October 20, 2020, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS: MINOR VARIANCE APPLICATION: 1. Submission No.: A 2020-080 Applicants: 2766261 Ontario Inc. / Andrew Stewart and Alison Salhani Property Location: 335 Lancaster Street West Legal Description: Lot 15, Plan 789 Appearances: In Support: A. & T. Salhani Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to convert an existing commercial space into a 261.4 sq.m. health office having 8 off-street parking spaces rather than the required 17 off-street parking spaces. The Committee considered Development Services Department report DSD -20-200 dated November 5, 2020 recommending approval of this application as amended. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 30, 2020 advising they have no concerns with this application. A. Salhani and T. Salhani were in attendance in support of the subject application and staff recommendation, including the proposed amendment. In response to questions, A. Salhani advised the accessible ramp at the side of the building is intended to be removed and relocated to the front of the building. S. Hannah questioned why staff were not recommending a formal easement for the subject property. J. von Westerholt advised staff are of the opinion requiring an easement agreement would be an onerous process that may delay the opening of a much-needed service to the Community. She indicated the applicants continue to work with staff to address any identified deficiencies and staff acknowledge that the site has operated without an easement for a number of years in this manner already. J. von Westerholt further advised staff are of the opinion that conversion of the building is a good proposal for the site. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -219- CITY OF KITCHENER 1. Submission No.: A 2020-080 (Cont'd) The Chair noted access to the parking in the rear yard is 2m, stating there may only be small encroachments depending on the type of vehicles accessing the site. He stated in his opinion as the adjacent property is also paved, it likely would not be an issue. S. Hannah noted the adjacent property owners would be permitted to install a fence which could possibly impede access to the parking for the subject property. Moved by S. Hannah Seconded by M. Kidd That the application of 2766261 ONTARIO LTD. requesting permission to convert an existing commercial space into a 262 sq.m. health office with a minor variance to Zoning By-law 85-1 to permit 8 off-street parking spaces rather than the required 17 off-street parking spaces; and, for a minor variance to Zoning By-law 2019-051 to permit 8 parking spaces, rather than the required 14, on Lot 15, Plan 789, 335 Lancaster Street West, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried NEW BUSINESS: MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2020-087 Applicants: Mark Panchaud Property Location: 380 Grand River Boulevard Legal Description: Lot 248, Registered Plan 1447 Appearances: In Support: M. Bernier M. Panchaud B. Lasso Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing single detached dwelling having the required off-street parking located 2.3m from the property line rather than the required 6m; and, to allow an easterly driveway widening to be the same material of the driveway, having a length of 2.5m rather than the required 5.5m. The Committee considered Development Services Department report DSD -20-181 dated November 6, 2020 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -220- CITY OF KITCHENER Submission No.: A 2020-087 (Cont'd M. Bernier, M. Panchaud and B. Lasso were in attendance in support of the subject application, noting they were also in support of the staff recommendation. In response to questions, M. Bernier advised when the building permit was issued for the garage a driveway was intended to be installed adjacent to the garage, noting since that time they opted not to install the driveway. Moved by J. Meader Seconded by S. Hannah That the application of MARK PANCHAUD requesting permission to legalize an existing single detached dwelling having the required off-street parking located 2.3m from the property line rather than the required 6m; and, to allow an easterly driveway widening to be the same material of the driveway, having a length of 2.5m rather than the required 5.5m, on Lot 248, Registered Plan 1447, 380 Grand River Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall submit revised drawings for the issued building permit #20-105297 to the satisfaction of the Building Division. 2. That the owner shall complete the above noted Condition 1 prior to March 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 2. Submission No.: A 2020-088 Applicant: Jorge Pasaran Gomez Property Location: 339 Rosemount Drive Legal Description: Part Lot 140, Plan 937 Appearances: In Support: L. Babakri Contra: R. Betcher B. and E. Gierscher Written Submissions: D. and J. Drager P. and M. Djurakov P. and K. Carr L. and R. Betcher B. and E. Gierscher The Committee was advised the applicant is requesting permission to convert the existing single detached dwelling into a duplex by converting the garage into living space having the 2 required off-street parking spaces located 2m from the front lot line rather than the required 6m setback. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -221- CITY OF KITCHENER 2. Submission No.: A 2020-088 (Cont'd) The Committee considered Development Services Department report DSD -20-182 dated November 6, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. The Chair acknowledged the written submissions received in opposition of the subject application. L. Babakri was in attendance in support of the subject application and staff recommendation. R. Betcher and E. Gierscher addressed the Committee in opposition to the subject application. Concerns were expressed regarding the increased number rentals being permitted on the street, as well as concerns with the noticed increased in on -street parking. J. von Westerholt advised staff does not have the ability to regulate whether a property is owner - occupied or used as a rental, noting a rental is still a residential use. L. Babakri stated the concerns raised regarding on -street parking do not relate to converting the subject property into a duplex, adding there are no restrictions if a homeowner chooses to rent their property. J. Meader stated while she appreciates the neighbours concerns, there are mandates from the Province encouraging secondary suites within existing dwellings. She stated if the house was a single dwelling unit where the garage was being converted to living space, the variance being requested this date would be similar. She noted the Committee cannot thwart an approval to discourage the use of a property. Several members noted visually the exterior would remain unchanged. Moved by J. Meader Seconded by S. Hannah That the application of JORGE PASRAN GOMEZ requesting permission to convert the existing single detached dwelling into a duplex by converting the garage into living space having the 2 required off-street parking spaces located 2m from the front lot line rather than the required 6m setback, on Part Lot 140, Plan 937, 339 Rosemount Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 3. Submission No.: A 2020-089 Applicant: Adelaide Afonso Property Location: 34 Dunham Avenue Legal Description: Lot 77, Registered Plan 157 Appearances: In Support: A. Afonso COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -222- CITY OF KITCHENER 3. Submission No.: A 2020-089 (Cont'd) Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a second storey addition on an existing single detached dwelling having an existing westerly side yard setback of 2.3m rather than the required 3m; and, a driveway to have a minimum width of 2.3m rather than the required 2.6m. The Committee considered Development Services Department report DSD -20-183 dated November 17, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. A. Afonso was in attendance in support of the subject application and staff recommendation. It was suggested, and agreed, that a condition be included in the Committee's decision this date requiring the owner to apply for a building permit to the satisfaction of the Chief Building Official. Moved by S. Hannah Seconded by M. Kidd That the application of ADELAIDE AFONSO requesting permission to construct a second storey addition on an existing single detached dwelling having an existing westerly side yard setback of 2.3m rather than the required 3m; and, to permit a driveway to have a minimum width of 2.3m rather than the required 2.6m, on Lot 77, Registered Plan 157, 34 Dunham Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 4. Submission No.: A 2020-090 Applicants: Meaghan Campbell and Matthew Feetham Property Location: 305 Driftwood Drive Legal Description: Lot 546, Registered Plan 1452 Appearances: In Support: M. Campbell M. Feetham Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -223- CITY OF KITCHENER 4. Submission No.: A 2020-090 (Cont'd) The Committee was advised the applicants are requesting permission to legalize an existing single detached dwelling having a pool located Om from the rear lot line rather than the required 0.6m setback. The Committee considered Development Services Department report DSD -20-184 dated November 4, 2020 recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 30, 2020 advising they have no concerns with this application. M. Campbell and M. Feetham were in attendance in support of the subject application and staff recommendation. M. Campbell stated after installing a pool this summer, they were informed the pool had been constructed beyond their property line. In response to questions, M. Campbell advised when they purchased the property 8 years ago, the existing fence was already in place, adding By-law Enforcement staff confirmed the fence has existed since approximately 1994. Moved by M. Kidd Seconded by J. Meader That the application of MEAGHAN CAMPBELL and MATTHEW FEETHAM requesting permission to legalize an existing single detached dwelling having a pool located Om from the rear lot line rather than the required 0.6m setback, on Lot 546, Registered Plan 1452, 305 Driftwood Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall enter into an encroachment agreement with the City of Kitchener to locate a portion of a pool, any related landscaping, any fencing, and any other similar features that are located on land owned by the City, to the satisfaction of the City Solicitor. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 5. Submission No.: A 2020-091 Applicant: Adam Hirdes Property Location: 12 Rose Street Legal Description: Part Lot 8, Registered Plan 90 and Part Lot 81, Registered Plan 414 Appearances: In Support: S. Ross K. Hirdes Contra: None Written Submissions: T. Brennand c/o L. Hooper M. O'Brien & K. Lau J. Kennel &A. Munnings L. Moses B. Winge COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17. 2020 -224- CITY OF KITCHENER I.'��1•T51�[•Ti1�t:7i�_��iY�iai�7�<NZ.7iiiC The Committee was advised the applicant is requesting permission to legalize a front porch on an existing single detached dwelling having a front yard setback for the porch of 1.48m rather than the required 3m. The Committee considered Development Services Department report DSD -20-185 dated November 10, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. The Chair acknowledged the written submissions received in support and opposition of the subject application. S. Ross and K. Hirdes were in attendance in support of the subject application and staff recommendation. S. Ross stated in his opinion the front porch is minor and appropriate for the site, adding it does not create an inconsistent streetscape. He indicated there were written submissions referencing transportation safety concerns, noting Transportation Planning staff have no concerns, nor does the adjacent property owner who would be directly affected. S. Ross further advised regarding the written submissions related to heritage, although the property is not located within the Heritage Conservation District, it was identified by City Staff as possibly being within a Cultural Heritage Landscape, adding City Staff have not expressed any heritage concerns. Finally, S. Ross stated front porch similar to what is being constructed on the subject property will likely help to improve safety as they typically bring greater interactions with the street. In response to questions, G. Stevenson advised the property has no heritage impacts, stating although it was identified as being within the Cultural Heritage Landscape Study, it is not located within a District. Several members expressed support for the proposed front porch, stating it appeared to be an improvement from what previously existed. Moved by J. Meader Seconded by S. Hannah That the application of ADAM HIRDES requesting permission to legalize a front porch on an existing single detached dwelling having a front yard setback of 2.94m for the enclosed porch, whereas the minimum front yard setback is 3.93m and the maximum setback is 5.93m metres; and, to permit a deck with a setback of 1.48m from the street line rather than the required 3m, on Part Lot 8, Registered Plan 90 and Part Lot 81, Registered Plan 414, 12 Rose Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 6. Submission No.: A 2020-092 Applicant: Milestone Developments Inc. Property Location: 180 Grand Flats Trail Legal Description: Lot 33, Registered Plan 58M-605 COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -225- CITY OF KITCHENER 6. Submission No.: A 2020-092 (Cont'd) Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a side yard abutting Waterbow Trail of 3.71 m rather than the required 4.5m; and, a rear yard setback of 7.07m rather than the required 7.5m. The Committee considered Development Services Department report DSD -20-186 dated November 4, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. P. Haramis was in attendance in support of the subject application, noting he was in support of the staff report. In response to questions, he advised construction of the dwelling has yet to commence. Moved by J. Meader Seconded by M. Kidd That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having a side yard abutting Waterbow Trail of 3.71m rather than the required 4.5m; and, a rear yard setback of 7.07m rather than the required 7.5m, on Lot 33, Registered Plan 58M-605, 180 Grand Flats Trail, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried Submission No.: A 2020-093 Applicant: Milestone Developments Inc. Property Location: 41 Valleybrook Drive Legal Description: Lot 53, Registered Plan 58M-605 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having an easterly side yard setback of 0.05m and a westerly side yard setback of 1.26m, COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -226- CITY OF KITCHENER 7. Submission No.: A 2020-093 (Cont'd) whereas the By-law allows an easterly side yard setback between Om to 0.2m only if the westerly side yard had a setback of 1.5m. The Committee considered Development Services Department report DSD -20-187 dated November 6, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. P. Haramis was in attendance in support of the subject application, noting he was in support of the staff report. Moved by M. Kidd Seconded by S. Hannah That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having a westerly side yard setback of 1.26m rather than the required 1.5m, on Lot 53, Registered Plan 58M-605, 41 Valleybrook Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 8. Submission No.: A 2020-094 Applicant: Milestone Developments Inc. Property Location: 53 Valleybrook Drive Legal Description: Lot 56, Registered Plan 58M-605 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having an easterly side yard setback of 1 m rather than the required 1.2m. The Committee considered Development Services Department report DSD -20-188 dated November 6, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. P. Haramis was in attendance in support of the subject application, noting he was in support of the staff report. In response to questions, P. Haramis advised the easement identified on the plan on Page 3 of the staff report has already been registered on title. In response to further questions, he stated the front porch will be unenclosed. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -227- CITY OF KITCHENER 8. Submission No.: A 2020-094 (Cont'd) Moved by S. Hannah Seconded by M. Kidd That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having an easterly side yard setback of 1 m rather than the required 1.2m, on Lot 56, Registered Plan 58M-605, 53 Valleybrook Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 9. Submission No.: A 2020-095 Applicant: Anishnabeg Outreach Property Location: 236 Woodhaven Road Legal Description: Part Block B, Registered Plan 849, being Part 2 on Reference Plan 58R-14938 Appearances: In Support: S. Jackson C. McComb Contra: B. Weir G. Weinhardt Written Submissions: None The Committee was advised the applicant is requesting permission to construct an accessory building and accessory outdoor storage in the rear of an existing employment/training facility to allow under Zoning By-law 85-1 an unmodified shipping container (outdoor storage) whereas By- law 85-1 does not permit outdoor storage of goods, materials or equipment; a rear yard setback for the existing accessory building of 5m rather than the required 7.5m; an easterly side yard setback of 1.5m rather than the required 6m; and, for the proposed accessory building to have a minimum side yard setback of 4.8m, whereas 6m or one half of the building height, whichever is greater, is required. Permission is also being requested for variances under By-law 2019-51 to permit outdoor storage whereas the By-law does not permit outdoor storage in an INS Zone; for the existing accessory building to have a minimum interior side yard of 1.5m rather than the required 3m; a minimum rear yard setback of 5m rather than the required 7.5m; a minimum side yard setback abutting a residentially -zoned property of 1.5m rather than the required 7.5; and, for the proposed accessory building to have a setback abutting a residentially -zoned property of 4.8m rather than the required 7.5m. The Committee considered Development Services Department report DSD -20-189 dated November 10, 2020 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17. 2020 -228- CITY OF KITCHENER 0> *n*Ii17Me, Ll156�_ 12iY�iai1101iNMiC S. Jackson and C. McComb were in attendance in support of the subject application, stating they were also in support of the staff recommendation. G. Weinhardt and B. Weir were in attendance in opposition to the subject application. G. Weinhardt stated it would be his preference that the Committee not approve a minor variance that would permit a shipping container as a permanent fixture within a residential neighbourhood. He further advised he does not want a shipping container permanently adjacent to his property; it would be his preference for the applicant to construct an accessory building. In response to questions, A. Pinnell advised shipping containers are not typically permitted in residential zones. He indicated the subject property is located in a low rise residential Zone, noting the Zoning for the site is Institutional. A. Pinnell stated the neighbourhood does have some pockets of commercial -type uses. He indicated when considering shipping containers, there are two different types: unmodified and modified. He stated a modified shipping container has holes and possibly other features cut into the exterior of the container and at that time the container is considered to be an accessory building and would be subject to the accessory building regulations outlined in the Zoning By-law. A. Pinnell further advised as a means to address concerns of adjacent neighbours, staff have proposed construction of a 2.6m high fence to create a visual barrier between the container and the adjacent properties. In response to questions, S. Jackson advised their organization is a not-for-profit with limited funding, noting the containers are cost-effective in comparison to building a garage. He stated one of the containers is intended to be converted into a bicycle repair shop and the other is intended for overflow storage. S. Jackson advised they have experienced issues with security on the site and the containers offer a more secure option to possible break-ins than a standard shed. Questions were raised regarding the proposed setback for the containers in relation to the adjacent properties. A. Pinnell advised the setback is intended to be 4.8m which would leave ample room for the construction of the fence. In response to further questions, A. Pinnell advised staff would not be requesting additional landscaping to help shield the containers. He indicated there is already a large amount of vegetation on the subject property and the surrounding trees are intended to be protected. S. Jackson added the location between the shipping container and the proposed fence has poor soil conditions, expressing concerns with whether any vegetation planted would survive in that location= S. Hannah stated in his opinion, he believed the proposed containers would impact the adjacent property owners, specifically those that have chain link fences. J. Meader commented property owners have the choice to determine what type of material they would prefer to use to construct a fence. Questions were raised regarding the Zoning on the subject property and whether the variance specifically relates to the storage container being modified or unmodified. A. Pinnell noted the variance being requested specifically relates to allowing outdoor storage. He indicated staff are recommending a Site Plan application which will fix the location on the site where the outdoor storage containers would be permitted. J. Meader questioned whether there were any other possible locations on the site where the containers could be located. S. Jackson and A. Pinnell advised with the current location of the healing and teaching lodge, as well as the existing gardens, such as the food garden and orchard which are all integral to the operations of the facility, the proposed location of the containers is the best possible location. S. Hannah stated when he questioned the possibility of relocating the containers closer to the building, he was not suggesting the healing lodge be removed. He indicated he thought there may be a possibility to shift the existing accessory structure and construct a second one in a similar location. In response to questions regarding the parking lot and its capacity, S. Jackson advised the parking lot is currently not seeing its regular use due to the facility temporarily closing it doors from the pandemic. He noted there were times when the parking lot was not sufficient to COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -229- CITY OF KITCHENER 9. Submission No.: A 2020-095 (Cont'd) accommodate all of the programs operating on-site. He stated to ensure the demand for parking is not reduced, the proposed location for the containers will not impact the required parking on- site. A. Pinnell further advised he was unsure this date of the number of parking spaces required for the subject property under the existing Zoning regulations. He stated the regulations provide a minimum calculation, adding the outreach may require higher than that minimum number and the normal use should be taken into consideration when assessing the needs. M. Kidd stated in his opinion the majority of the concerns expressed by the adjacent property owner seem to be visual in nature. S. Jackson stated the intention is to construct a fence around the shipping containers to ensure they were screened as much as possible. He indicated the subject property is an indigenous centre of healing, and their goal is to have a park -like setting that is aesthetically pleasing, with all the existing features on site contributing to the overall appeal of the site. In response to questions, S. Jackson advised the fence is intended to be an enclosure rather than a boundary fence. A motion was brought forward by M. Kidd, which was seconded by J. Meader to approve that application as outlined in the staff report, which was voted on and was Carried, with B. McColl, J. Meader and M. Kidd voting in favour; and, S. Hannah voting in opposition. Moved by M. Kidd Seconded by J. Meader That the application of ANISHNABEG OUTREACH requesting permission for minor variances under Zoning By-law 85-1 to legalize existing outdoor storage (i.e., an unmodified shipping container), whereas the By-law does not permit outdoor storage of goods, materials or equipment; a rear yard of 5m for an existing accessory building rather than the required 7.5m; a side yard setback of 1.5m for an existing accessory building rather than the required 6m or one half the building height, whichever is greater; and, to allow a side yard of 4.8m for a proposed accessory building (i.e., modified shipping container) rather than the required 6m or one half the building height, whichever is greater; and, Permission under Zoning By-law 2019-051 to legalize existing outdoor storage (i.e., unmodified shipping container), whereas the By-law does not permit outdoor storage; having an interior side yard setback of 1.5m for an existing accessory building rather than the required 3m; a rear yard setback of 5m for an existing accessory building rather than the required 7.5m; a side yard setback abutting a lot zoned for a low density residential use of 1.5m for an existing accessory building rather than the required 7.5m; and, to allow a yard setback abutting a lot zoned for a low density residential use of 4.8m for a proposed accessory building (i.e., modified shipping container) rather than the required 7.5m, on Part Block B, Registered Plan 849, Being Part 2 on Reference Plan 58R-14938, 236 Woodhaven Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall submit and obtain approval of a Stamp Plan B Site Plan Application, to the satisfaction of the City's Director of Planning. The Stamp Plan B shall address site features and changes related to the variances, such as: fencing; landscaping; and, location of outdoor storage, shipping containers, and accessory buildings. 2. That the owner shall construct and maintain an approximate 2.6 metre (8.5 feet) high wood fence adjacent to the side and rear lot lines, in the vicinity of the existing unmodified shipping container, existing accessory building, and proposed accessory building, to the satisfaction of the City's Director of Planning. 3. That the owner shall complete the above noted Conditions 1 and 2 prior to December 1, 2021. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -230- CITY OF KITCHENER 9. Submission No.: A 2020-095 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 10. Submission No.: A 2020-096 Applicant: Activa Holdings Inc. Property Location: 919 Eaglecrest Court Legal Description: Lot 203, Registered Plan 58M-512 Appearances: In Support: K. Cramer Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway to be 56% of the lot width rather than the maximum 50%. The Committee considered Development Services Department report DSD -20-190 dated November 9, 2020 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. K. Cramer was in attendance in support of the subject application and the staff recommendation. It was suggested, and agreed, that a condition be included in the Committee's decision this date that the driveway be constructed substantially in accordance with the plan outlined in Development Services Department report DSD -20-190. Moved by S. Hannah Seconded by J. Meader That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a driveway to be 56% of the lot width rather than the maximum 50%, on Lot 203, Registered Plan 58M-512, 919 Eaglecrest Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall ensure the driveway is constructed substantially in accordance with the plan outlined in Development Services Department report DSD -20-190. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17. 2020 -231- CITY OF KITCHENER fill E* 1•T517Me, Ll156�_ 12iY�iai110I:YNMiC Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 11. Submission No.: A 2020-097 Applicant: Activa Holdings Inc. Property Location: 923 Eaglecrest Court Legal Description: Lot 202, Registered Plan 58M-512 Appearances: In Support: K. Cramer Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway to be 56% of the lot width rather than the maximum 50%. The Committee considered Development Services Department report DSD -20-191 dated November 9, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. K. Cramer was in attendance in support of the subject application and the staff recommendation. It was suggested, and agreed, that a condition be included in the Committee's decision this date that the driveway be constructed substantially in accordance with the plan outlined in Development Services Department report DSD -20-191. Moved by S. Hannah Seconded by J. Meader That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a driveway to be 56% of the lot width rather than the maximum 50%, on Lot 202, Registered Plan 58M-512, 923 Eaglecrest Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall ensure the driveway is constructed substantially in accordance with the plan outlined in Development Services Department report DSD -20-191. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -232- CITY OF KITCHENER 12. Submission No.: A 2020-098 Applicant: Activa Holdings Inc. Property Location: 928 Eaglecrest Court Legal Description: Lot 198, Registered Plan 58M-512 Appearances: In Support: K. Cramer Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a driveway to be 56% of the lot width rather than the maximum 50%. The Committee considered Development Services Department report DSD -20-192 dated November 9, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. K. Cramer was in attendance in support of the subject application and the staff recommendation. It was suggested, and agreed, that a condition be included in the Committee's decision this date that the driveway be constructed substantially in accordance with the plan outlined in Development Services Department report DSD -20-192. Moved by S. Hannah Seconded by J. Meader That the application of ACTIVA HOLDINGS INC. requesting permission to construct a single detached dwelling having a driveway to be 56% of the lot width rather than the maximum 50%, on Lot 198, Registered Plan 58M-512, 928 Eaglecrest Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall ensure the driveway is constructed substantially in accordance with the plan outlined in Development Services Department report DSD -20-192. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 13. Submission No.: A 2020-099 Applicants: June Tran and Roberto Lin Property Location: 80 Westwood Drive Legal Description: Lot 101, Registered Plan 1198 Appearances: In Support: J. Tran V. Schmidt COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -233- CITY OF KITCHENER 13. Submission No.: A 2020-099 (Cont'd) Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to legalize an existing triplex, whereas the By-law does not permit the existing triplex use. The Committee considered Development Services Department report DSD -20-193 dated October 9, 2020 recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising although they have no concerns with this application, they noted that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent/Condominium would have impacts from the transportation (rail) noise in the vicinity. J. Tran and V. Schmidt were in attendance in support of the subject application. V. Schmidt stated the applicant purchased the property in November 2019 and when attempting to obtain title insurance, discovered the triplex was deemed not legal. She stated since that time the applicant has been working towards legalizing the existing situation. It was suggested, and agreed, that a condition be included in the Committee's decision this date requiring the owner to apply for a building permit to the satisfaction of the Chief Building Official. Moved by S. Hannah Seconded by J. Meader That the application of JUNE TRAN and ROBERTO LIN requesting permission to legalize an existing triplex, whereas the By-law does not permit the existing triplex use, on Lot 101, Registered Plan 1198, 80 Westwood Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain an Occupancy Certificate to the satisfaction of the Director of Planning prior to June 30, 2021. 2. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 14. Submission No.: A 2020-100 Applicants: Jennifer and Daniel Givlin Property Location: 9-11 Samuel Street Legal Description: Part Lot 2 and 3, Plan 424 Appearances: In Support: None COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -234- CITY OF KITCHENER 14. Submission No.: A 2020-100 (Cont'd) Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to convert the existing mixed-use building into a residential/Yoga Studio to allow Personal Services (Queen Street Yoga Studio) in a mixed commercial -residential building having less than 20 dwelling units; a Personal Services (Yoga Studio) to be in excess of 20% of the gross floor area, with 175 sq.m. out of 405 sq.m. to be used forthe Yoga Business, including studio space, reception area, change rooms and offices; and, to allow off-street parking for the Yoga Studio to be in tandem, whereas the By-law does not permit parking in tandem for business uses. The Committee considered Development Services Department report DSD -20-194 dated November 9, 2020 recommending deferral of this application to the January 19, 2021 meeting to provide staff with an opportunity for further review of the requested variances and possibly publish a new Notice of Hearing. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. The Chair noted, and it was agreed, that in accordance with staffs recommendation, this application be deferred to the January 19, 2021 meeting to allow staff time for further dialogue with the applicant. 15. Submission No.: A 2020-101 Applicant: Ashley McKnight Property Location: 8 Devon Street Legal Description: Part Lot 15, Plan 289 Appearances: In Support: D. Jackson Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert the existing single detached dwelling into a duplex having a building height of 11 m rather than the maximum building height of 10.5m; and, to permit the required off-street parking space to be located 2m from the property line rather than the required 6m. The Committee considered Development Services Department report DSD -20-195 dated November 6, 2020 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. D. Jackson was in attendance in support of the subject application and the staff recommendation. In response to questions, D. Jackson advised he intended to submit a Heritage Permit Application, which was anticipated going forward to the Heritage Kitchener Advisory Committee meeting in January 2021, noting 1 year to complete imposed conditions should be sufficient. Moved by J. Meader Seconded by S. Hannah That the application of ASHLEY MCKNIGHT requesting permission to convert the existing single detached dwelling into a duplex having a building height of 11 m rather than the maximum building height of 10.5m; and, to permit the required off-street parking space to be located 2m from the property line rather than the required 6m, on Part Lot 15, Plan 289, 8 Devon Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -235- CITY OF KITCHENER 15. Submission No.: A 2020-101 (Cont'd) 1. That the owner shall apply and be approved for a Heritage Permit Application by the Heritage Kitchener Committee. 2. That the owner shall complete the above noted Condition 1 prior to December 31, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried 16. Submission No.: A 2020-102 Applicants: William Reimer and Wayne Baker Property Location: 89 Water Street South Legal Description: Lot 4, Plan 47 Appearances: In Support: W. Reimer Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to reconstruct a front porch on an existing single detached dwelling having stairs exceeding 0.6m in height to be located 1.3m from the front lot line rather than the required 3m. The Committee considered Development Services Department report DSD -20-196 dated November 4, 2020 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 28, 2020 advising they have no concerns with this application. W. Reimer was in attendance in support of the subject application and the staff recommendation. Moved by M. Kidd Seconded by S. Hannah That the application of WILLIAM REIMER and WAYNE BAKER requesting permission to reconstruct a front porch on an existing single detached dwelling having stairs exceeding 0.6m in height to be located 1.7m from the front lot line rather than the required 3m, on Lot 4, Plan 47, 89 Water Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall construct the proposed porch in accordance with Heritage Permit Application HPA-2020-V-011. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -236- CITY OF KITCHENER 16. Submission No.: A 2020-102 (Cont'd) 2. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Carried CONSENT APPLICATIONS Submission No.: B 2020-042 Applicant: 2477865 Ontario Inc. Property Location: 103 Schweitzer Street Legal Description: Part Lot 5, Registered Plan 675 Appearances: In Support: A. Head Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width on Schweitzer Street of 15.5m, a depth of 21.03m and an area of 326 sq.m. The retained land will have a width of 21.03m, a depth of 31.09m and an area of 654 sq.m. Both parcels are intended for residential use. The Committee considered Development Services Department report DSD -20-197 dated November 4, 2020, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated November 6, 2020, advising they have no objection to this application subject to the following condition: That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. A. Head addressed the Committee in support of the subject application. He provided an overview of the application, stating the lots in the vicinity are all varying in sizes. He indicated the proposed lot will accommodate a new home of approximately 2000 sq.ft. A. Head advised he had reviewed the staff recommendation and expressed objections related to Conditions 5 and 9. He indicated with regards to Condition 5, they are opposed to the portion of the Condition requiring the cash -in - lieu contribution for future sidewalks. He indicated there are currently no sidewalks on the street and in reviewing the sidewalk priorities, the street was identified as a Priority 4, noting if and when sidewalks are constructed on the street there would likely only be sidewalks on one side of the street. He further advised with regards to Condition 9, he had submitted photos this date to the Committee demonstrating that the proposed severed lot does not have any trees on-site. He stated COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17. 2020 -237- CITY OF KITCHENER i��1•Ti11QMe , Ll Mir in his opinion, completing a tree preservation plan is onerous for the applicant, noting there are 4 trees on the retained land and if it was the Committee's wish to maintain the condition, he would rather it be imposed only on the retained land. J. von Westerholt advised Environmental Planning staff reviewed the application and Condition 9 is a standard condition where there are trees on-site, or even when there are trees on the boundary of a subject property. She stated the extent of the plan can likely be scoped depending on the nature of the site. She further advised in regard to the cash -in -lieu comments related to the sidewalks, where there is development that condition is requested at the first opportunity where the City could collect the funds. S. Ryder indicated staff have requested this condition as per the sidewalk cash -in -lieu policy, noting it is a standard condition that has been requested and imposed in the past. He commented in accordance with the City's Complete Street Guidelines, all streets within the City are intended to have sidewalks on both sides of the street. He stated he had not had a chance to reviewthe sidewalk infill policy, but if and when the sidewalks are constructed it would likely be through a full -street reconstruction. S. Ryder further advised the cash -in -lieu payment is only being imposed for the frontage on the severed parcel. A. Head stated in his opinion, requesting a tree preservation plan is an additional unnecessary approval required for the development where the Provincial government has emphasized expedition of development approvals, noting there are no trees on the severed parcel. The Chair noted the comments from the Region of Waterloo and requested the conditions be included in the Committee's decision this date. In response to questions, J. von Westerholt advised she could not confirm this date the full scope of the tree preservation plan. She stated the point of completing a tree preservation plan is to confirm whether there would be any impact to trees due to the site development. S. Hannah stated he is not prepared to removed Condition 5, adding where there is an opportunity to create a fund for sidewalks, a condition should be imposed. He advised he would be willing to impose a condition for the applicant to complete a tree preservation plan, pending the condition is amended to note it is a "scoped" tree preservation plan. J. Meader stated in the past the Committee has chosen to waive the condition for a tree preservation plan, or scope a plan when the condition seems onerous. She stated she was prepared to support a "scoped" tree preservation plan, indicating with regards to cash -in -lieu for sidewalks, she was unsure this date whether this request was beyond the authority of the City's Development Charges By-law. She stated in her opinion, without staffs clarification on whether it is included within the City's Development Charges By-law, she would be prepared to remove the condition from the Committee's decision this date. A. Head stated he understood the comments related to completing a tree preservation plan. He indicated his preference would be to limit that requirement to the retained land if the Committee felt it should be imposed, noting there is no vegetation on the proposed severed parcel. A. Head advised he did not believe he should be required to pay for sidewalks, in addition to paying the necessary Development Charges and Building permit fees. S. Hannah stated he would be in support of imposing a "scoped" tree preservation plan for only the retained land. J. von Westerholt and S. Ryder stated the condition related to cash -in -lieu for sidewalks is a condition that has been requested and imposed in the past. They indicated they could not provide confirmation this date on whether the Development Charges By-law referenced charges related to future sidewalk installation. S. Ryder noted this condition has been requested and applied consistently in the past, advising in this instance it was only being requested for the severed lot. A motion was brought forward by S. Hannah, which was seconded by M. Kidd to approve the subject application including an amendment to the staff recommendation to remove the cash -in - lieu for future sidewalks from Condition 5 of the staff recommendation; to amend Condition 9 to ensure the agreement related to the tree preservation plan only relates to the retained land; and, COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -238- CITY OF KITCHENER 1. Submission No.: B 2020-042 (Cont'd) to amend Condition 9.a. to clarify that the owner shall be required to complete a "scoped" tree preservation plan; finally, that the conditions also include the Regional request and the conditions are numbered sequentially. Moved by S. Hannah Seconded by M. Kidd That the application of 2477865 ONTARIO INC. requesting permission to sever a parcel of land having a width on Schweitzer Street of 15.5m, a depth of 21.03m and an area of 326 sq. m., on Part Lot 5, Registered Plan 675, 103 Schweitzer Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for parkland dedication in the amount of $7,130.00. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections, and the removal of redundant services. 5. That the owner shall make arrangements - financial or otherwise - for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the Director of Engineering Services. 6. That the owner shall provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 7. That the owner shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 8. That the owner shall provide Engineering Services with confirmation that the basement elevation of the future dwelling can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the owner. 9. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the retained lands which shall include the following: a. That the owner shall prepare a scoped Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -239- CITY OF KITCHENER 1. Submission No.: B 2020-042 (Cont'd) 10. That the owner shall apply for a Stamp Plan B Site Plan Application for the retained lands to the satisfaction of the Director of Planning. 11. That the owner shall make satisfactory financial arrangements with the Region of Waterloo for their consent review fee of $350.00 per new lot created. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 17, 2022. Carried 2. Submission No.: B 2020-043 Applicants: Udaipal and Gurmanpal Mallhi Property Location: 440 Lancaster Street West Legal Description: Part Lot 3, Subdivision of Lot 59, German Company Tract Appearances: In Support: B. Jokanovic Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 9.326m, a depth of 28.652m and an area of 358.57 sq.m. The retained land will have a width of 10.552m, a depth of 28.652m and an area of 302.32 sq.m. Both parcels are intended for residential use. The Committee considered Development Services Department report DSD -20-198 dated November 4, 2020, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated November 6, 2020, advising they have no objection to this application subject to the following conditions: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2. That prior to final approval the owner/applicant complete the required Access Permits on the severed and retained lands to the satisfaction of the Region. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -240- CITY OF KITCHENER 2. Submission No.: B 2020-043 (Cont'd) 3. That prior to final approval the owner/applicant complete an Environmental Noise Study to the satisfaction of the Region of Waterloo and, if necessary, enter into an agreement with the Region of Waterloo to secure implementation of the study's recommendations in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations. B. Jokanovic was in attendance in support of the subject application and staff recommendation. Moved by J. Meader Seconded by S. Hannah That the application of UDAIPAL and GURMANPAL MALLHI requesting permission to sever a parcel of land having a width of 9.326m, a depth of 28.652m and an area of 358.57 sq. m., on Part Lot 3, Subdivision of Lot 59, German Company Tract, 440 Lancaster Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall ensure the dwelling existing as of October 27, 2020 be demolished to the satisfaction of the City's Chief Building Official. 4. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication in the amount of $4,289.96. 5. That the owners shall make financial arrangements to the satisfaction of the City's Engineering services for the installation of any new service connections to the severed and/or retained lands. 6. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 7. That the owners shall ensure any new driveways are to be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 8. That the owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of Engineering Services prior to severance approval. 10. That the owners shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owners would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 11. That the owners shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -241- CITY OF KITCHENER 2. Submission No.: B 2020-043 (Cont'd) a. That the owners shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The owners shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 12. That the owners shall submit to the Region of Waterloo their consent review fee of $350.00 per new lot created. 13. That the owners shall complete the required Access Permits on the severed and retained lands to the satisfaction of the Region of Waterloo. 14. That the owners shall complete an Environmental Noise Study to the satisfaction of the Region of Waterloo and, if necessary, enter into an agreement with the Region of Waterloo to secure implementation of the study's recommendations in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 17, 2022. Carried 3. Submission No.: B 2020-044 Applicants: Josef and Milinka Sukola Property Location: 956 Glasgow Street Legal Description: Level 1, Waterloo Condo Plan 262 Appearances: In Support: P. Chauvin Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -242- CITY OF KITCHENER 3. Submission No.: B 2020-044 (Cont'd) The Committee was advised the applicant is requesting permission to grant easements in favour of 958-962 Glasgow Street as outlined on the plan submitted with the application for sanitary, stormwater and access. The townhouse complex was previously subject to consent applications B 2020-034 to B 2020-036 to sever the lots and disband the condominium. The Committee considered Development Services Department report DSD -20-199 dated November 5, 2020, recommending approval of these applications, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated November 6, 2020, advising they have no objection to this application. P. Chauvin was in attendance in support of the subject application and staff recommendation. In response to questions, he advised the utilities easement has a width of 5m and the sanitary easement has a width of 6m. Moved by J. Meader Seconded by S. Hannah That the application of JOSEF and MILINKA SUKOLA requesting permission to grant easements in favour of 958-962 Glasgow Street as outlined on the plan submitted with the application for sanitary, stormwater and access. The townhouse complex was previously subject to consent applications B 2020-034 to B 2020-036 to sever the lots and disband the condominium, on Level 1, Waterloo Condo Plan 262, 956 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the owner shall provide a draft reference plan showing the requested specific easements, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the City's Director of Planning, City's Director of Engineering Services, and City Solicitor. 3. That the owner shall ensure the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. C. a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 4. That the owner shall convey a 5.0 metre wide easement in favour of the City of Kitchener (Utilities) to the satisfaction of the Director of Utilities. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. COMMITTEE OF ADJUSTMENT MINUTES NOVEMBER 17, 2020 -243- CITY OF KITCHENER 3. Submission No.: B 2020-044 (Cont'd) 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being November 17, 2022. Carried ADJOURNMENT On motion, the meeting adjourned at 12:00 p.m. Dated at the City of Kitchener this 17th day of November, 2020. Dianna Saunderson Secretary -Treasurer Committee of Adjustment