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Home My WebLink AboutDSD-20-213 - B 2020-048 - 53 Candle CresStaff Repoil w,� �fR Development Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: December 8, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner - 519-741-2200 ext. 7110 WARD: 3 DATE OF REPORT: November 26, 2020 REPORT #: DSD -20-213 SUBJECT: APPLICATION: B2020-048 53 Candle Crescent Owner: William Shafer Applicant: Sarah Rana Approve with conditions 53 Candle Crescent REPORT The subject property at 53 Candle Crescent is designated Low Rise Residential in the Official plan and zoned Residential Six Zone (R-6) with Special Regulation Provision 239R and 259R, and Special Use Provision 231 U in Zoning By-law 85-1. The applicant is requesting to create an L-shaped easement with a width of 1.2 metres, a depth of 31.179 metres, and an area of 37.4148 square metres over Part 15 of 53 Candle Crescent in favour of 55 Candle Crescent for the purposes of facilitating legal rear yard access for 55 Candle Crescent. In their application form, the applicants indicated that though the `parts' intended for the rear yard access easements exist on a reference plan, the easement is not included on the legal description of 55 Candle Crescent. The easement therefore does not exist in favour of 55 Candle Crescent. This application intends to correct this. Proposed access easement on Part 15 of 53 Candle Crescent would be in favour of 55 Candle Crescent to facilitate legal rear yard access. Staff conducted a site inspection on November 26, 2020 Planning Comments: With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990. c.P. 13, staff is satisfied that the creation of the easement is desirable and appropriate. For street townhouses, rear yard access easements are a requirement of the Zoning By-law and granting this easement will bring the lot in full compliance with the By-law and facilitate access for 55 Candle Crescent to their rear yard. E CANDLE CRESCENT { EetueuatHe by Rog'e Plan 5861- U ( t84..eves %, ) Y PIN 227Jz - 0204 q ?3 4"4`'e aP9 hie ssW Psly A. b.6S7 c.e.ppg 487'08'•,7"w re W 9.556 N89'22,03-W 0.531 a (Rin-, eWtwj 9.100 p' 1.2(q x�i _ s.853 1.29 1200 lal yew 7 "UN11 5.34 !,I r t 4 #4sJ evUlNS ; VNOEn . CW57RLCM,71V x 232 $ wlxo co�cnm .56 wi P r ll'"'l��If�TTTlII l 111111 u l gp p � '� LG hNri r n PART 13 g ;i8 e33 K m 4 -C)C �P a L fw9 _3'$4'W 1199' 13'!.5 , e 8 9. 75 1�9'IS"54b Io1811EM. [I SSIr♦ 1+ 153 _,_,� Proposed access easement on Part 15 of 53 Candle Crescent would be in favour of 55 Candle Crescent to facilitate legal rear yard access. Staff conducted a site inspection on November 26, 2020 Planning Comments: With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990. c.P. 13, staff is satisfied that the creation of the easement is desirable and appropriate. For street townhouses, rear yard access easements are a requirement of the Zoning By-law and granting this easement will bring the lot in full compliance with the By-law and facilitate access for 55 Candle Crescent to their rear yard. E Based on the foregoing, Planning staff recommends that Consent Application B2020-048 requesting consent to create an access easement on 53 Candle Crescent in favour of 55 Candle Crescent for the purpose of rear yard access be approved, subject to the conditions listed in the Recommendation section of this report. Engineering Comments: No concerns. Environmental Planning Comments: No concerns. Building Comments: No concerns. Transportation Comments: No concerns. RECOMMENDATION: That Application B2020-048 requesting consent to create an L-shaped easement having an area of 37.4148 square metres on Part 15 of 53 Candle Crescent in favour of 55 Candle Crescent be approved subject to the following conditions: That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City 3. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner 3 N14*4r Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT November 26, 2020 Re: Comments for Consent Applications B2020-045 to 62020- 048 Committee of Adjustment Hearing December 8, 2020 CITY OF KITCHENER B2020-045 145 and 155 Ann Street Karen McKiel and William Finlay The owner/applicant is proposing to sever two adjacent part lots municipally known as 145 and 155 Ann Street. These properties merged on title previously and the owner/applicant wishes to sever the lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Water Services: Regional Staff advise that he subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, subject to the following conditions: Document Number: 3474109 Version: 1 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-046 50 Fifth Avenue Amarjit Singh The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Water Services: Regional Staff advise that the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Noise: The proposed severed and the retained lots are located within 200 metres of a high traffic & high speed King Street Bypass and within 500 metres of Conestoga Parkway (Highway 7/8) and would have impacts from transportation noise sources in the vicinity. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: a) The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air- conditioning. b) The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will Document Number: 3474109 Version: 1 allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air-conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." Document Number: 3474109 Version: 1 B2020-047 50 Brookside Crescent Michael Krause The owner/applicant is proposing a severance to permit a semi-detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-048 53 Candle Crescent William Shafer The owner/applicant is proposing an easement over a portion of 53 Candle Crescent in favour of part of 55 Candle Crescent to permit legal access to the rear yard. The Region has no objection to the proposed application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Planner Document Number: 3474109 Version: 1 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River