The URL can be used to link to this page

Home My WebLink AboutDSD-20-210 - B 2020-045 - 145 & 155 Ann StStaff 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 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