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HomeMy WebLinkAboutCA - 2020-12-08COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 CITY OF KITCHENER The Committee of Adjustment held an electronic meeting this date, commencing at 10:00 p.m. Present: B. McColl - Vice -Chair J. Meader S. Hannah M. Kidd Officials: J. von Westerholt, Senior Planner A. Pinnell, Senior Planner D. Seller, Traffic Planning Analyst D. Saunderson, Secretary -Treasurer H. Dyson, Administrative Clerk CHAIR AND VICE -CHAIR Moved by S. Hannah Seconded by M. Kidd "That D. Cybalski be appointed Chair of the Committee of Adjustment and B. McColl be appointed Vice -Chair of the Committee of Adjustment for a term to expire November 30, 2021." Carried MINUTES Moved by M. Kidd Seconded by S. Hannah That the regular minutes of the Committee of Adjustment meeting held November 17, 2020, as circulated to the members, be accepted. Carried NEW BUSINESS: MINOR VARIANCE APPLICATIONS: Submission No.: A 2020-103 Applicant: Karthik Bonthu Property Location: 840 Stirling Avenue South Legal Description: Lot 21, Plan 785 Appearances: In Support: R. Sajkunovic Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a roof over a rear yard basement entrance on an existing duplex having a rear yard setback for the covered entrance of 6.508m rather than the required 7.5m. The Committee considered Development Services Department report DSD -20-205 dated November 27, 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 November 17, 2020 advising they have no concerns with this application. R, Sajkunovic was in attendance in support of the subject application and staff recommendation COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 -245- CITY OF KITCHENER 1. Submission No.: A 2020-103 (Cont'd) In response to questions, J. von Westerholt advised staff recommended an amendment to the application, noting the roof structure is already in existence and the applicant is requesting to legalize the roof, rather than requesting permission to construct the roof. Moved by S. Hannah Seconded by J. Meader That the application of KARTHIK BONTHU requesting permission to legalize a rear yard basement entrance including covered roof on an existing duplex having a rear yard setback for the covered entrance of 6.508m rather than the required 7.5m, on Lot 21, Plan 785, 840 Stirling Avenue South, 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 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 2. Submission No.: A 2020-104 Applicants: Matthew and Tasha Clark Property Location: 114 Peach Blossom Crescent Legal Description: Part Block 9, Registered Plan 58M-238, beinq Part 63 on Reference Plan 58R-13651 Appearances: In Support: S. Sawatzky Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a sunroom in the rear year of an existing single detached dwelling having a rear yard setback of 6m rather than the required 7.5m. The Committee considered Development Services Department report DSD -20-206 dated November 26, 2020 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated November 17, 2020 advising they have no concerns with this application. S. Sawatzky was in attendance in support of the subject application and staff recommendation. Moved by M. Kidd Seconded by J. Meader COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 -246- CITY OF KITCHENER 2. Submission No.: A 2020-104 (Cont'd) That the application of MATTHEW and TASHA CLARK requesting permission to construct a one -storey sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 6m rather than the required 7.5m, on Part Block 9, Registered Plan 58M-238, being Part 63 on Reference Plan 58R-13651, 114 Peach Blossom Crescent, 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 3. Submission No.: A 2020-105 Applicants: Jihyun Rew and Patrick Dufresne Property Location: 39 Water Street North Legal Description: Part Lot 157, Plan 374 Appearances: In Support: R. Rew Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to legalize an existing lodging house having a northerly side yard setback of 0.76m rather than the required 1.2m; a front yard setback of 2.1 m rather than the required 3m; a separation distance of 250m from another lodging house whereas the By-law requires a separation distance of 400m; and, to permit a lodging house having 68.75m of Gross Floor Area (GFA) devoted to lodging units to have 2 off-street parking spaces rather than the required 3 off-street parking spaces. The Committee considered Development Services Department report DSD -20-207 dated December 2, 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 November 17, 2020 advising they have no concerns with this application. The Committee was in receipt of comments from Metrolinx dated November 30, 2020, advising although they have no objection to this application, they noted the subject lands are located in proximity to Metrolinx's Guelph Subdivision, which carries GO Transit service along the Kitchener rail corridor. They further noted: It is recommended the proponent obtain a noise and vibration assessment, conducted by a qualified professional, to identify any potential noise and/or vibration impacts as a result of the neighbouring rail operations, and recommended mitigation. Should the proponent wish to undertake the assessment, they may obtain the most up to date rail forecast by submitting a request to raildatarequests@metrolinx.com. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8. 2020 -247- CITY OF KITCHENER C�*V! Ti7rlmIre 2. The owner agrees to grant Metrolinx an environmental easement for operational emissions, registered on title against the subject property. I have attached a copy of the environmental easement language for the applicant's information. The applicant may contact me directly with any questions, and to begin the registration process. R. Rew was in attendance in support of the subject application and staff recommendation. In response to questions, R. Rew advised the property currently has 4 tenants but can accommodate 5. In response to questions, J. von Westerholt stated the difference between a group home and lodging house is that residents of a group home typically require some care/support in their living accommodations, whereas a lodging house is a dwelling where people rent individual rooms and require no additional care. B. McColl questioned where the nearest lodging house was in comparison to the subject property. A. Pinnell stated the nearest lodging house is located at the corner of Water Street North and Weber Street West. J. von Westerholt stated the regulation within the current Zoning By-law specifically related to a distance separation is likely going to be removed from the By-law as it is a means of resident Zoning that likely would not be supported in the future. She commented Planning staff would only encourage a lodging house use where a need has been identified. In response to questions regarding the regulations for tandem parking, A. Pinnell advised parking in tandem for the subject property is permitted, noting the Committee may wish to add a condition to their decision this date requiring the owner to enter into a legal agreement, to be registered against the title of the subject property, to post and maintain signs to give notice that vehicular access to Water Street North may necessitate the moving of another motor vehicle, due to the tandem parking arrangement, to the satisfaction of Transportation Services. R. Rew stated she had no objection to the additional condition, stating it is her will to have the lodging use permitted and she had no objections to addressing the necessary requirements to legalize the property. Questions were raised regarding the comments from Metrolinx and whether the conditions should be included in the Committee's decision this date. J. von Westerholt stated unlike the Region of Waterloo, Metrolinx is not considered a public Agency and as such would be considered similar to requests of property owners, noting conditions of this nature have not been typically imposed by the Committee in the past. It was suggested, and agreed, that Condition 5 of the recommendation outlined in the staff report would be included in the suggested legal agreement related to the tandem parking, noting including that wording in the agreement would address future lease agreements in perpetuity. C. and B. Snyder addressed the Committee in opposition to the application. C. Snyder advised they reside on Water Street and there is already another lodging house that currently exists on the street, stating concerns with the turnover of residents at the property and how that would impact their sense of community. C. Snyder noted concerns with the use of lodging houses as a means of increasing affordable housing, stating in his opinion increasing the number of lodging houses would only increase property values as landlords can obtain higher values per square foot rather than legal duplexes or triplexes, adding in his opinion lodging houses typically have less regulation and oversight. C. Snyder indicated Inclusionary Zoning regulations are a more appropriate means of achieving affordable housing, rather than granting approvals for more lodging houses, indicating while he has no concern with the existing tenants, he questioned future tenants. B. Snyder expressed further concerns with allowing a second lodging house on their street and noted issues related to pedestrian safety. J. von Westerholt and A. Pinnell acknowledged the concerns of the neighbours, stating the variance for a distance separation between lodging houses is an outdated Planning policy that is not likely to be carried forward in future Zoning By-law updates. A. Pinnell indicated the regulations in the Zoning By-law are not permitted to regulate the user; rather, they are in place to regulate the use of the subject property. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 -248- CITY OF KITCHENER 3. Submission No.: A 2020-105 (Cont'd) In response to questions, A. Pinnell advised as outlined in the staff recommendation, the applicant will be required to complete a number of conditions to ensure the lodging house is properly and safely converted. Several members expressed support for the subject application, as well the identified need for a lodging house in the subject area, stating it meets the four tests of a variance to determine that the application is minor. J. Meader stated that the Province has put forward a number of tools to encourage development and conversions of existing housing inventory as a means of using land more efficiently. She stated in her opinion she does not believe lodging houses will counter affordability. A motion was brought forward by S. Hannah, which was seconded by J. Meader, to approve the subject application with Conditions 1, 2, 3 and 4 as recommended in the staff report, with the inclusion of the additional condition related to entering into an agreement related to the owner entering into a legal agreement requiring the owner to post and maintain signs to give notice that vehicular access to Water Street North may necessitate the moving of another motor vehicle, due to the tandem parking arrangement, and further included into the proposed agreement Condition 5 as outlined in the staff report. Moved by S. Hannah Seconded by J. Meader That the application of JIHYUN REW and PATRICK DUFRESNE requesting permission to legalize an existing lodging house having a northerly side yard setback of 0.76m rather than the required 1.2m; a minimum yard abutting a street other than Charles Street or Dukes Street of 2.1m rather than the required 3m; a separation distance of 250m from another lodging house whereas the By-law requires a separation distance of 400m; and, to permit a lodging house having 68.75m of Gross Floor Area (GFA) devoted to lodging units to have 2 off-street parking spaces rather than the required 3 off-street parking spaces, on Part Lot 157, Plan 374, 39 Water Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a Zoning (Occupancy) Certificate for the proposed lodging house, from the City's Planning Division. 2. That the owners shall obtain a building permit for the change of use to a lodging house, from the City's Building Division. 3. That the owners shall request an inspection of the lodging house by the City's Fire Services and remedy any and all deficiencies, to the satisfaction of the City's Fire Services. 4. That the owners shall owner obtain a Lodging House Business Licence, from the City's Licencing Services. 5. That the owners shall enter into an agreement, prepared by the City Solicitor, to be registered on title of the subject property, to include the following: a. That the owners shall post and maintain signs to give notice that vehicular access to Water Street may necessitate the moving of another motor vehicle, due to the tandem parking arrangement, to the satisfaction of Transportation Services. b. That the owners shall include a provision in all future advertising and rental or lease agreements for the any dwelling unit on the subject lands that does not have a parking space advising prospective tenants that the lease of said dwelling unit does not include any parking space and that there is no parking provided on the subject Lands for said dwelling unit. 6. That the owners shall complete the above noted Conditions 1 to 5 prior to September 8, 2021. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 -249- CITY OF KITCHENER 3. Submission No.: A 2020-105 (Cont'd) 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 2020-106 Applicant: Nikiforos Tsimpragos Property Location: 1031 Victoria Street North Legal Description: Part Lots 5 & 6, Plan 971 Appearances: In Support: N. Tsimpragos Contra: None Written Submissions: P. Kaudewitz The Committee was advised the applicant is requesting permission to convert the existing building into a gym and retail use in a C-6 Zone, where as the By-law does not currently permit a "retail" use in the C-6 Zone; and, to have a parking rate of 1 space/per 33 sq.m. whereas the By-law requires 1 space/per 20 sq.m. The Committee considered Development Services Department report DSD -20-208 dated November 26, 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 November 17, 2020 advising although they have no concerns with this application, they noted they would not support or allow any encroachments into the Regional right-of-way, adding the existing encroaching parking spots must be removed permanently. They further advised one of the 2 encroaching parking spots at the east property side has been already removed due to recent reconstruction of Victoria Street, but 1 parking spot is still within the Regional right-of-way. The Region noted similarly, 1 parking spot on the west side is partly encroaching within the Regional right-of-way, adding this may also affect the parking spots required for the existing and the proposed business on the above lands. They requested a parking plan showing all the required parking spots on the private lands be provided for further review by Regional staff, and be approved by the City of ensure there is no parking encroachment within the Regional road right-of-way. They further advised there is a ground sign encroaching within the Regional right-of-way, which should also be removed onto private property. The Committee was in receipt of comments from Metrolinx dated November 30, 2020, advising that although they have no objection to this application, they noted the subject lands are located in close proximity to Metrolinx's Guelph Subdivision, which carries GO Transit service along the Kitchener rail corridor. The Chair acknowledged a written submission was received from a neighbouring property owner in opposition to the subject application. N. Tsimpragos was in attendance in support of the subject application and staff recommendation COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 -250- CITY OF KITCHENER 4. Submission No.: A 2020-106 (Cont'd) S. Hannah noted the written submission in opposition to the application, regarding noise concerns from the exterior of the fitness studio located on the subject property. In response to questions, J. von Westerholt noted the activities on the exterior of the property may be a result of the global pandemic, specifically due to restrictions placed on indoor activities and the desire to continue operating the fitness centre. Questions were raised regarding the requested variances and whether the applicant also required variances to Zoning By-law 85-1. J. von Westerholt stated that was initially the case, noting regulations for Zoning By-law 2019-051 related to subject property have now been approved by the Local Planning Appeal Tribunal (LPAT). B. McColl stated noise concerns can be addressed through other means including By-law Enforcement, noting he did not believe it was necessary to impose an additional condition in the Committee's decision this date to address the concern. Moved by J. Meader Seconded by M. Kidd Thatthe application of NIKIFOROS TSIMPRAGOS requesting permission to convert the existing building into a gym and retail use in a C-6 Zone, whereas the By-law does not currently permit a "retail" use in the C-6 Zone; and, to have a parking rate of 1 space/per 33 sq.m. whereas the By-law requires 1 space/per 20 sq.m., on Part Lots 5 & 6, Plan 971, 1031 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain Zoning (Occupancy) Certificates from the Planning Division to establish the Retail use on the property. 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: 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 5. Submission No.: A 2020-107 Applicant: 164 Belmont Ave West (Kitchener) Limited Property Location: 236 Margaret Avenue Legal Description: Part Lot 39, Plan 749 Appearances: In Support: P. Chauvin S. Litt Contra: J. Arnold Written Submissions: S. Pitschner C. & D. Linder COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8. 2020 -251- CITY OF KITCHENER The Committee was advised the applicant is requesting permission to convert an existing mixed - used building into a multi -residential dwelling containing 14 -units having stairs located 0.18m within the side yard rather than the required 0.75m; a parking ratio of 0.6 parking spaces/per unit rather than the required 1.25 parking spaces/per unit; having 10% visitor parking spaces rather than the required 15%; and, to permit dwelling units on the ground floor whereas the By-law does not permit dwelling units on the ground floor. The Committee considered Development Services Department report DSD -20-209 dated November 27, 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 November 17, 2020 advising they have no concerns with this application. The Committee considered the written submissions in opposition to the subject application. P. Chauvin and S. Litt were in attendance in support of the subject application and staff recommendation. P. Chauvin indicated they were aware of some last-minute comments expressing concerns with the subject application, stating in his opinion they were regarding the current condition of the property, which the owner intends to improve. He further advised the applicant has already purchased a parcel of the property from the City, which should alleviate concerns regarding the proposed parking for the dwelling. J. Arnold stated he was in attendance due to concerns with the existing condition of the building and its proposed future uses. J. Arnold indicated he received an updated copy of the Site Plan from the City and the majority of his concerns related to the proposed minor variances were addressed. In response to questions, S. Litt advised the commercial spaces on the ground floor have been vacant for approximately a decade. Questions were raised regarding the number of proposed parking spaces. P. Chauvin advised there were will be 9 off-street parking spaces, adding the site could have accommodated 10 spaces however staff have requested additional landscaping, which resulted in the removal of 1 parking space. In response to questions regarding Transportation Demand Management measures proposed for the property, D. Seller stated the applicant will be unbundling the parking from the rental u n its. Questions were raised regarding the proposed redevelopment. S. Litt stated as the units become vacant, they will be renovated prior to finding a new tenant. P. Chauvin noted no objections with the proposed deadline outlined in the staff recommendation. Moved by S. Hannah Seconded by J. Meader That the application of 164 BELMONT AVE WEST (KITCHENER) LIMITED requesting permission to convert an existing mixed -used building into a multi -residential dwelling containing 14 -units having stairs located 0.18m within the side yard rather than the required 0.75m; a parking ratio of 0.6 parking spaces/per unit rather than the required 1.25 parking spaces/per unit; having 11 % visitor parking spaces rather than the required 15%; and, to permit dwelling units on the ground floor whereas the By-law does not permit dwelling units on the ground floor, on Part Lot 39, Plan 749, 236 Margaret Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive approval of a Site Plan Application to the satisfaction of the City's Manager of Site Development and Customer Service by June 1, 2021. 2. The owner shall implement all required Transportation Demand Management measures through the site plan approval process to the satisfaction of the City's Director of Transportation Services. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 -252- CITY OF KITCHENER 5. Submission No.: A 2020-107 (Cont'd) 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 CONSENT APPLICATIONS 1. Submission No.: B 2020-045 Applicants: Karen McKiel and William Finlay Property Location: 145 & 155 Ann Street Legal Description: Part Lots 35 to 37, Registered Plan 42 Appearances: In Support: R. Little Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land municipally addressed as 155 Ann Street having a width of 17.748m, a depth of 50.103m and an area of 898 sq.m. The retained land municipally addressed as 145 Ann Street will have a width of 30.232m, a depth of 50.633m and an area of 1528 sq. m. The properties were previously separate and were merged on title. The Committee considered Development Services Department report DSD -20-210 dated November 27, 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 26, 2020, advising they have no objection to this application subject to the following condition: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. The Committee was in receipt of comments from the Ministry of Transportation of Ontario (MTO) dated November 24, 2020, advising although the subject property falls within the MTO permit control, they have no objection to this application. R. Little was in attendance in support of the subject application and staff recommendation. The Chair noted the comments from the Region of Waterloo and requested their condition be included in the Committee's decision this date. In response to questions, D. Saunderson advised the condition related to requiring a reference plan has been worded with the intention that it can be waived if unnecessary, noting if the legal description is not accepted by the Land Registry Office for the purpose of re-establishing the lot line between the parcels, the would be no recourse to impose the requirement following the Committee's decision this date. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 -253- CITY OF KITCHENER Submission No.: B 2020-045 (Cont'd) Moved by J. Meader Seconded by M. Kidd That the application of KAREN MCKIEL and WILLIAM FINLAY requesting permission to sever a parcel of land municipally addressed as 155 Ann Street having a width of 17.748m, a depth of 50.103m and an area of 898 sq.m., on Part Lots 35 to 37, Registered Plan 42, 145 & 155 Ann Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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), 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. 3. That the owners 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: 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 December 8, 2022. Carried 2. Submission No.: B 2020-046 Applicant: Amarjit Singh Property Location: 50 Fifth Avenue Legal Description: Part Lots 117 & 118, Plan 254 Appearances: In Support: H. Kaur Singh Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 -254- CITY OF KITCHENER 2. Submission No.: B 2020-046 (Cont'd) The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 7.83mm, a depth of 40.32m and an area of 315.89sq.m. The retained land will have a width of 7.83m, a depth of 40.32m and an area of 315.89 sq. m. The severed and retained lots are intended for semi-detached dwellings. The Committee considered Development Services Department report DSD -20-211 dated November 27, 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 26, 2020, advising they have no objection to this application subject to the following conditions: 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)." "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)." H. Kaur Singh was in attendance in support of the subject application and staff recommendation. In response to questions, J. von Westerholt stated in regard to the conditions requested by the Region of Waterloo, the Planner who wrote the report likely anticipated the request for the fee but had not yet received the Regional comments prior to finalizing the report. It was requested, and agreed, that both Regional conditions be included in the Committee's decision this date. Moved by J. Meader Seconded by S. Hannah That the application of AMARJIT SINGH requesting permission to sever a parcel of land having a width of 7.83m, a depth of 40.32m and an area of 315.89sq.m., on Part Lots 117 & 118, Plan 254, 50 Fifth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 -255- CITY OF KITCHENER 2. Submission No.: B 2020-046 (Cont'd) 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 park dedication on the severed parcel equal in the amount of $3,601.80. 4. That the owner 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. 5. That the owner shall ensure any new driveways shall 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. 6. That the owner shall provide a servicing plan showing all outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 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. 8. That the owner 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 owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner shall prepare a Tree Management Plan for both the severed and retained lands in accordance with the City's Tree Management policy, to be approved by the City's Director of Planning and where necessary, implemented prior to demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 10. That the owner shall obtain Demolition Control approval in accordance with the City's Demolition Control By-law to the satisfaction of the Director of Planning 11. That the owner shall obtain a demolition permit to the satisfaction of the Chief Building Official. 12. 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. 13. That the owner shall 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: 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. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 -256- CITY OF KITCHENER 2. Submission No.: B 2020-046 (Cont'd) "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)." "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)." It is the opinion of this Committee that: 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 December 8, 2022. Carried 3. Submission No.: B 2020-047 Applicant: Michael Krause Property Location: 50 Brookside Crescent Legal Description: Part Block O & Park Block 87, Plan 1334, being Parts 1 & 3 on Reference Plan 58R-20390 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land on the westerly edge of the property (future municipal address 52-54 Brookside Crescent), having an approximate width of 16.2m, a depth of 33.5m and an area of 542.7 sq.m. The retained land will be irregular in shape having an approximate width of 35m, a depth of 43.5m and an area of 1523 sq. m. The severed lot is intended for a semi-detached dwelling. The Committee considered Development Services Department report DSD -20-212 dated November 30, 2020, recommending deferral of this application to allow the applicant time to meet with neighbouring property owners with regards to an existing garage structure. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 -257- CITY OF KITCHENER 3. Submission No.: B 2020-047 (Cont'd) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated November 26, 2020, advising they have no objection to this application subject to the following condition: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. Moved by S. Hannah Seconded by M. Kidd That the application of MICHAEL KRAUSE requesting permission to sever a parcel of land on the westerly edge of the property (future municipal address 52-54 Brookside Crescent), having an approximate width of 16.2m, a depth of 33.5m and an area of 542.7 sq. m. BE DEFERRED to the February 16, 2021 Committee of Adjustment meeting to allow additional time for the applicant to investigate any cultural heritage value/significance of the detached garage structure proposed to be demolished, on Part Block O & Park Block 87, Plan 1334, being Parts 1 to 3 on Reference Plan 58R-20390, 50 Brookside Crescent, Kitchener, Ontario. Carried 4. Submission No.: B 2020-048 Applicant: William Schafer Property Location: 53 Candle Crescent Legal Description: Part Block 59, Registered Plan 58M-90, being Parts 16 &17 Reference Plan 58R-12029 Appearances: In Support: S. Rana C. Pansera Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to grant an "L" shaped easement having a width of 1.2m, a depth of 31.179m and an area of 37.4 sq. m. in favour of 55 Candle Crescent as outlined on the plan submitted with the application, for access purposes. The Committee considered Development Services Department report DSD -20-213 dated November 26, 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 26, 2020, advising they have no objection to this application. S. Rana and C. Pansera were in attendance in support of the subject application and staff recommendation. Moved by M. Kidd Seconded by S. Hannah That the application of WILLIAM SHAFER requesting permission to grant an "L" shaped easement having a width of 1.2m, a depth of 31.179m and an area of 37.4 sq.m. in favour of 55 Candle Crescent as outlined on the plan submitted with the application, for access purposes, on Part Block 59, Registered Plan 58M-90, being Parts 16 & 17 on Reference Plan 58R-12029, 53 Candle Crescent, 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. COMMITTEE OF ADJUSTMENT MINUTES DECEMBER 8, 2020 -258- CITY OF KITCHENER 4. Submission No.: B 2020-048 (Cont'd) 2. That the owner shall ensure 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 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); 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 the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) is created, and to immediately thereafter provide copies to the City Solicitor. It is the opinion of this Committee that: 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 December 8, 2022. Carried ADJOURNMENT On motion, the meeting adjourned at 10:58 a.m. Dated at the City of Kitchener this 8th day of December, 2020. Dianna Saunderson Secretary -Treasurer Committee of Adjustment