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HomeMy WebLinkAboutCA Agenda - 2021-02-16COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA February 16, 2021 - 10:00 a.m. CONSENT APPLICATION: Submission No.: B 2020-047 Applicants: Michael Krause Property Location: 50 Brookside Crescent Legal Description: Part Blocks O & 87, Registered Plan 1334, being Parts 1 & 3 on Reference Plan 58R-20390 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 CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w NOTICE OF HEARING Box 1118 KITCHE 4_1 Kitchener ON N2G 4G7 Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594 As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY, February 16, 2021 commencing at 10:00 a.m. as an electronic meeting for the purpose of hearing the following applications for Minor Variance and/or Consent. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. Please note this electronic meeting is a public meeting and will be recorded. PLEASE NOTE: Due to COVID-19 and the Province of Ontario's Stay -at -Home order, which is in effect for all of Ontario, City Hall is not open except for very limited services by appointment only. Members of public are invited to participate in this meeting electronically by accessing the meeting live -stream video at kitchener.ca/watchnow. Information on how you can participate or submit written comments for any matter on this agenda are provided below. HOW TO PARTICIPATE: ➢ All applications must be represented by an applicant or agent to be considered by the Committee. Please follow the registration information as listed below to confirm the most up-to-date contact information. As in-person meetings are not an option at this time, you can view or participate in a meeting as follows: • To participate you can register no later than 4:00 P.m. on Monday February 15, 2021. To register please email Dianna. Saunderson(ckitchener.ca or via phone at 519-741-2203. When registering you must provide your full contact name including mailing address, email address, phone number and application you would like to comment on. Once you are registered you will receive an email including information on how to connect to the Zoom meeting (i.e. weblink of conference call number); • You can provide a written submission no later than 8:30 a.m. Tuesday February 16, 2021, which would be circulated to the Committee for consideration. All written submissions MUST include your full name, mailing address, phone number and email address if possible. Failure to include your contact information will prevent it from being circulated to the Committee. Even if you are unsure whether you would like to speak but would rather listen and watch the meeting with the option to comment on a particular application, please register with the Secretary -Treasurer (information provided above). You will not be required to speak if you choose not to. Copies of written submissions and public agencies' comments are available on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. le1»4[NA910101.301:a►Ti110101:ILTIA N/AL1[yWAL1111L01:ZK001AALINr01Z411LUNS110119:I:8»AL110I101CYTT"I A 2021-005 - 52 South Drive Permission to construct a duplex having a front yard setback of 4.43m rather than the required 4.5m; a northerly side yard setback of 1.17m rather than the required 1.2m; and, a setback for the proposed garage of 5.69m rather than the required 6m. The property previously received approval of minor variance application A 2019-045 for a reduced rear yard setback. A 2021-006 - 4 Gildner Street Permission to allow a home business for food preparation (bakery) to be located in an existing single detached dwelling, whereas the By-law does not permit food preparation as a home business. A 2021-007 - 359 Highland Road West Permission to construct a 5 storey, 31 -unit multi -residential development having a ground floor street line fagade width to be 28.6% whereas the By-law requires a minimum fagade width of 50%; a maximum Floor Space Ratio (FSR) of 2.25 rather than the maximum permitted FSR of 2.0; to permit a minimum of 10 off- street parking spaces, including 3 off-street visitor parking spaces rather than the required 31 off-street parking spaces including 4 off-street visitor parking spaces; and, to permit a width of Class A bicycle parking stall to be 0.27m rather than the required 0.6m. A 2021-008 - 29 Hurst Avenue Permission to construct a rear yard addition on an existing single detached dwelling to convert the dwelling into a duplex having a rear yard setback of 6.1 m rather than the required 7.5m; and, to permit an uncovered rear yard deck that exceeds 0.6m in height to have a rear yard setback of 3m rather than the required 4m. Pagel of 2 A 2021-009 - 268 Louisa Street Permission to construct a 2 -storey addition in the rear yard of an existing single detaching dwelling having a westerly side yard setback of 2.4m where the driveway leading to the required parking space is situated between the main building and the side lot line, rather than the required 3m; and, an easterly side yard setback of 0.88m rather than the required 1.2m. B 2021-004 & B 2021-005 - 150, 154,162 Victoria Street South and 92, 100, 102, 106, 110 Park Street Permission to sever a parcel of land having a width of 12.571 m, a depth of 10.698m and an area of 134.5 sq.m. to be conveyed as a lot addition to the property municipally addressed as 138 Victoria Street South. Permission is also being requested to grant an easement over Part of Lot 11 of the subject property having a width of 7.6m, a depth of 35.369m and an area of 269.53 sq.m. in favour of the properties municipally addressed as 130, 138 and 142 Victoria Street South for the purpose of access. The retained parcel is irregular in shape having an approximate size of 4,700 sq.m. and is intended for commercial and residential use. B 2021-006 - 427 Old Chicopee Trail Permission to sever a parcel of land having a width of 14.54m, a depth of 42.76m and an area of 605.25 sq.m. The retained land will have a width of 29.08m, a depth of 43.37m and an area of 1219.8 sq.m. The parcels will continue to be residential. B 2021-007 - 43 & 47 Sheldon Avenue Permission to sever a parcel of land having a width of 31.21m, an easterly depth of 76.82m and an area of 2036 sq.m. The retained land will have a width of 25.25m, and an area of 3938 sq.m. The intention is to sever the parcel so the existing residential dwelling and church can be dealt with separately. B 2021-008 - 202 Fifth Avenue Permission to sever a parcel of land having a width of 10.7m, a depth of 40.2m and an area of 428 sq.m. The retained land will have a width of 10.7m, a depth of 40.2m and an area of 428 sq.m. Both parcels are intended for duplexes. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the online Council and Committee calendar; see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Local Planning Appeal Tribunal (LPAT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Holly Dyson at holly. dysonCcb kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 29th day of January, 2021. Dianna Saunderson Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON JANUARY 29, 2021. Page 2 of 2 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: February 5, 2020 REPORT NO.: DSD -21-033 SUBJECT: Consent Application B2020-047 50 Brookside Crescent Owner/Applicant — Michael Krause RECOMMENDATION: That Application B2020-047 proposing to sever a lot with a width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres, be deferred to the March 16, 2021 Committee of Adjustment meeting. REPORT HIGHLIGHTS: The application is requesting to sever a new lot with a width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres. The Owner is proposing to demolish the existing detached garage and sever the property to create a new lot for a semi-detached dwelling. The existing dwelling on the retained lands is proposed to remain. The retained lot is proposed to have a lot width of 30.4 metres (at the street line), a depth of approximately 43 metres and a lot area of approximately 1490 square metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Severance Sketch Excerpt provided by the Applicant Location Map Z, p; 1.5 STUREY t -s sj[*Ey E5 Ij. Owl N WiX -,:�'E BROok SID, CFf-sCZ-N F SEVERANCE PROPOSAL sErr�+czs ren l ­,E TWO LQT5 52-54 131 WKSIDe CRESCERT. KITCHENER (P LS. 29 OCTOBER 202D) Severance Sketch Excerpt provided by the Applicant Location Map BACKGROUND: The subject property is designated Low Rise Residential in the City's Official Plan and identified as Community Area on the City's Urban Structure Map. The subject lands are zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. On December 8, 2020, the Committee of Adjustment deferred this application (82020-047) to the Committee of Adjustment meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. REPORT: Planning Comments: Planning Staff is recommending this application be deferred again to the March 16, 2021 Committee of Adjustment meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. This additional deferral is proposed to allow time for Heritage Planning Staff to bring this application forward to Heritage Kitchener for discussion on March 2, 2021. City Planning staff conducted a site inspection of the property on November 20, 2020 Foreground - Existing Detached Garage proposed to be demolished Background — Existing Dwelling to be retained 50 Brookside Crescent STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: On December 8, 2020, the Committee of Adjustment deferred this application (82020-047) to the Committee of Adjustment meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. Staff Report Ki ) Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 8, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 7 DATE OF REPORT: November 30, 2020 REPORT NUMBER: DSD -20-212 SUBJECT: Application B2020-047 50 Brookside Crescent Owner/Applicant — Michael Krause Defer Subject Property: 50 Brookside Crescent Staff Depart Development Services Department Background: J KNA131ER wwwkitchener.ca On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. Report: The Owner is now proposing to demolish the existing detached garage and sever the property to create a new lot for a semi-detached dwelling. The existing dwelling on the retained lands is proposed to be retained. The proposed severed lands have a lot width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres. The retained lot is proposed to have a lot width of 30.4 metres (at the street line), a depth of approximately 43 metres and a lot area of approximately 1490 square metres. Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. Planning Staff is recommending this application be deferred to the February 16, 2021 meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. City Planning staff conducted a site inspection of the property on November 20, 2020. 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.regionofwaterloo.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 C>'(avid Rry c3 a 4 ��~yation Pj 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-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River 50 Brookside Crescent — Proposed Severance to Create 52/54 Brookside Crescent Petition Some of the residents of Brookside Crescent are concerned about what is happening with the property at 50 Brookside Crescent. We were not in the know about what was happening when the property was severed and a duplex constructed on the east side. Now, we are concerned about the severance of the lot and the construction of semis on the west side. We maintain that the detached garage should be part of the heritage designation that goes along with the farmhouse. This building used to be the smokehouse and is an original building. It was refurbished in the 70s, not constructed then. The coachhouse (at the back of the property) is not original and was constructed in the late 80s by the Madill family. We need to clarify the existing stone "storage" building (as per the plan) on the lot of the heritage home as it is currently being used as a rental unit. It is now occupied by a tenant. Is this compliant? Garett Stevenson from Planning is looking into this for us. As per the HIA, what outbuilding is being protected under the heritage designation along with the house and summer kitchen wing? Is it the storage building (coachhouse) that is to remain and the garage to be demolished? We think that is backwards as we know the coachhouse was built in the late 80s and the smokehouse/detached garage was an original structure. Unfortunately, there was no building permit obtained to build this. The owner at the time stated that to the owner of when he was building it. It is the detached garage out front that is original. Our question would be why would anyone build a smokehouse in the 70s in the middle of a subdivision? It was already there, and merely refurbished in the 70s. The City registrar says the- bought in 1972, but they were already there well before that. As per== bought the farm on April 1, 1956 from the-. I have the purchase offer to by Dutchman homes in 1964. Costain bought the property from Dutchman Homes before 1971." F F'ER TO PURCHASE r- t. �4i�'�ItR !' # lxjti6. dD #Mine Blvd— ltr - �,� .f4'bewe all r�rl .I- ,Jti7 ih. €allprtirlc*�att'rb4lA 6'{Iryr�tp':-- 7l iasuM rl5 tMa Ts.�asirlp aop,ala tram {ate brhnr�fY of lrriarlwat tlra3 Ot t54 grsa,, bea arr 1M. vw Laraaaa L26WS i3"t, ii awarrl to {€w rolia€arw [P zip #A415e ryt ftl f k* ars sMf ki�p ; 4tsy 9110 Ion of 4N Cawrt Water ar Wattao. la 61F%* 1n tim Xonw hip of %atorloo. ra ►+. . los* 4Fr-61r ecra or J.Wd _,n .Srlch 1 a a{luat� LM,o tara• (Orw ha�laa fiIcjs the 11 Lia 90L*iIM" daY dUjk'"A"rw, 1ha o+i@ i05_hXTy am►a Jvha1l '1jV" f"MLpp awl • €atura IrubM ro+ to iw &%w+w " + Flop of Ubddwl ri ah. •r tha grlcs of ( T � ICk M1 eA6 PIFM"1 ff{CLrWM -i+--- s� _.._�. {'MkSJ.I%�,:C{Gj +••••.•,•• �OtJt>IG :rolile{+Y ,i? i�d"w7+rMan'a.�4irl 4r -rte. 0+1ra le ala "t &wt .tn �► pp#adlk 'ti" iita t #ap€lt4 ftr"m prra of RkIa ifir" to.rl�riluala. qah. M. a71T p . L.• �■.AMM+ - i� X46 @19F�s�,i3 4,IgifiA t From "When they bought the farm in 1956, it was a standalone building as most smoke houses were. The original farm was much different than the pictures we have sent you - more like the old style farm buildings made of wood so smoke houses were always separate from that. The closest building to it was a driving shed and then the main barn past that. Unfortunately, there was a fire in the main barn caused by a tractor parked in there and being too hot. The main building and the drive shed were burned by the fire but not the smokehouse... because it was closer to the house. Ironic actually since it was a ''smokehouse''. - a• I alo :! it .` r 4 Top building — House, middle building — garage/driving shed, front building — barn. The driving shed was built onto the smokehouse. Above picture 1962, no coachhouse, but does show detached garage. I I m 4 a M U, r� a �s I 9R �crk sdlL Nr. MA Fr R�'1'.Mis{f.L4l+I F`d'ti it.i. til �{�Y .i RIR1�iR W #e21i' Y L cmrj{rw_ q L> J /�_ ., ...,. .....cuNurr. March 23, 1956 ;.pparanitl+r the eflt! tQ yof u tay theRTa family is supposed to be cg3rplat2d on the J n L 0t-►�riII L,tes r c, courser i z a Sunday so that it -will probably bL- a day ar t,wo later befare tt.a de�.l can ISe closed. in the aea.nt irc I Wn a x La werne�C f s©Li,itors shokri t�dus;uests that I ];v► rave fr€��3ia ans hen the dvul is t.ha amount that you Will i v$ to PaLy fru am mak3 alaaed. Yvu �Ight let. mo krtnw what ar n&amer-ts � to obt.air the martE-&ZQ MOneY .ter "s purpose. Yours truly. CUP31 r 5 1:1►61'1�ua r 11HEGn AL TIN, - sold to_ family in 1956. �5�p +�.rr,�. �ar��- �r-f�'t.. •/r:. „�.- R�. ,f.. r+. ,�� t-i�- /- /- ��' �•, �.. F' r Mid 1980's, angle from 58 Brookside clearly showing no coachhouse in the backyard of 50 Brookside From "Beside the house on the left hand side there is not a building in where we always had a large vegetable garden. Whatever building that is there now was put in after_ sold the house. The old smokehouse / garage is under the shed roof in front of the house to the left." If you have any questions, please contact any of the following. They lived at 50 Brookside Crescent. In the package that was received from Victoria Grohn, Planning, on page 2, it is stated at the bottom that "the owner has indicated that the proposed semi-detached units will be designed and constructed in a style and manner similar to the duplex residence being constructed now to ensure compatibility with the retained house lot and adjacent residential properties". We do not need another structure similar to the new build in the neighbourhood. The duplex is squished in beside the house next to it and sticks out further than the other houses on the street, impeding their sight lines. As we believe the current owner of 50 Brookside does not recognize the heritage or historical value, we need to preserve our street scape. In our opinion, the current new build diminishes the historical heritage of the farmhouse, does not enhance the character of the neighbourhood, and is not compatible with the other houses in the vicinity. The neighbour on the east side of the new build is very distressed about the style of the new build as it has hindered her sight lines and the height is also questionable... in the planning information the official plan designation is "low rise residential". If the new build is approved, how much input do the surrounding neighbours have on the style of the new build? We need to question the height, setback and building elevation of proposed new build, sufficient parking, etc. The proposed plan indicates a setback of 6.0 m (approx. 20 feet). 58 Brookside extends approx. 30 feet which means the new proposed build would extend 10 feet beyond, impeding sight lines at 58 Brookside. In the cHc letter dated October 26, 2020, it is recommended new construction be limited in height to 1 or 1 1/2 storeys. The current new build (under construction) is 2 stories as it is a duplex. The City of Kitchener Official Plan 3.4 notes "the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form". Is this not contradictory to having similar type houses on the street? Additionally, in the original letter and copy letter from the Progressive Services Ltd. both dated October 29, 2020, there is a discrepancy regarding the zoning. The original letter indicates the proposed housing units will abide by the required setbacks under the R-5 zoning but the copy letter refers to the setbacks under R-4 zoning. The dimensions are the same for both zoning. In conclusion, we are asking that the Heritage Committee please reconsider the detached stone garage and grant it the same heritage designation as the farmhouse based on all of this information. We are requesting that 50 Brookside Cres be removed from the agenda of the Committee of Adjustment meeting that is currently scheduled for Tuesday December 8 while a possible heritage designation is revisited. Thank you, Concerned citizens of Brookside Crescent NO& IbI6 mh� 006= mm� 006��� I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: February 9, 2021 REPORT NO.: DSD -21-022 SUBJECT: Minor Variance Application A2021-005 52 South Drive Owner — N. J. Roulston Applicant — M. Mahlstedt RECOMMENDATION: 1. That application A2021-005 for 52 South Drive requesting relief from Section 39.2.1 of By-law 85-1 to permit: • A front yard setback of 4.43 metres, whereas 4.5 metres is required; • A garage setback of 5.69 metres, whereas 6.0 metres is required; and • A left side yard setback of 1.17 metres, whereas 1.2 metres is required be approved. REPORT HIGHLIGHTS: The subject property was created through a land severance that occurred in 2018 and a duplex dwelling was constructed on it thereafter. Upon requesting a Letter of Compliance from the City, it was discovered that the dwelling was constructed with setback deficiencies and hence requiring approval of the aforementioned variances from the Committee of Adjustment. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Aerial Photo of Subject and Surrounding Lands — OnPoint Mapping BACKGROUND: The property is designated Low Rise Residential in the City's Official Plan. The property is zoned Residential Five (R-5) in Zoning By-law 85-1. The use of a duplex dwelling is permitted. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a lower -density neighbourhood. The requested variances seeking to legalize setbacks for a duplex dwelling is appropriate and that will maintain the low-density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of setback regulations is to establish regularity in building placement to promote consistent streetscape and provide for orderly development. In this instance, the 3 setback variances are small and difficult to visually see as the measurements are off by centimetres. As such, it is the opinion of staff that the streetscape and orderly development is still being achieved and therefore the general intent is maintained. Is the Variance Minor? All three variances will have no impacts - visual or otherwise - and 4e therefore considered minor. Is the Variance Appropriate? Because these variances are responding to an existing condition and difficult to see, staff is of the opinion that the variances are appropriate for and maintain the orderly development of the subject lands. City Planning staff conducted a site inspection of the property on January 27, 2021. Subject property at 52 South Drive — photo taken January 27, 2021 Building Comments: No concerns Transportation Comments: No concerns Heritage Comments: No concerns Engineering Comments: Engineering has no concerns Operations Comments: No comments Environmental Planning Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Report and Decision for B2018-044 — 43 Barclay Ave. Building Permit to construct dwelling January 26, 2021 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (3) / 06 HIGHLAND, 359 Highland Road West 2989943 Ontario Incorporated Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting February 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-005 — 52 South Drive — No Concerns. 2) A 2021-006 — 4 Gildner Street — No Concerns. 3) A 2021-007 — 359 Highland Road West — No Concerns. 4) A 2021-008— 29 Hurst Avenue— No Concerns. 5) A 2021-009 — 268 Louisa Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 Document Number: 3543119 3543119 Page 1 of 1 Ca'�and Rey r 0 0 7 ��~yation P� February 2, 2021 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 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: February 16, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-005 50 Brookside Crescent 52 South Drive A 2021-006 B 2021-007 4 Gildner Street A 2021-007 202 Fifth Avenue 359 Highland Road West A 2021-009 268 Louisa Street Applications for Consent B 2020-047 50 Brookside Crescent B 2021-006 427 Old Chicopee Trail B 2021-007 43 & 47 Sheldon Avenue B 2021-008 202 Fifth Avenue 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 aherremanamrand 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 9 DATE OF REPORT: February 9, 2021 REPORT NO.: DSD -21-023 SUBJECT: Minor Variance Application A2021-006 4 Gildner Street Owner —Amy Elizabeth Esplen Applicant — Reeghan Peister RECOMMENDATION: That application A2021-006 requesting permission to permit a home business for food preparation (bakery) to be located in an existing single detached dwelling, whereas the By- law does not permit food preparation as a home business, be approved, subject to the following conditions: 1) A Zoning (Occupancy) Certificate is obtained from the Planning Division; and, 2) That condition 1 above be completed by June 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. BACKGROUND: The property is designated as Community Institutional in the KW Hospital Neighboourhood Secondary Plan of the City's Official Plan and identified as Major Transit Station Area on the Urban Structure Map. The property is zoned as 1-2 (Institutional Two) with Special Provisions 4H, 86R and 102U in Zoning By-law 85-1. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The Secondary Plan designation, Community Institutional, recognizes the existing community institutional uses such as schools, churches and community services. In addition, residential uses which are complementary to the community institutional uses are permitted. Single detached dwellings and home businesses are permitted in the designation. Therefore, Planning staff is of the opinion that the general intent of the Official Plan is maintained. Photo of Subject Property General Intent of the Zoning By-law The intent of Zoning By-law restricting home businesses to certain types of occupations is to ensure that the home business is appropriate for a residential property and the surrounding area. The proposed home business bakery is to be operated only by the applicant, who resides in the home. There will be no off-site employees. As well, there will be no customers coming to the premises to pick up goods, as the applicant has indicated that the product will be delivered. Staff also notes that in the future, the new Zoning By-law 2019-051, will permit food preparation home businesses. This use has been defined under `catering establishments' as a use for `the preparation of food or beverages on-site, strictly for the consumption of these products off-site'. Therefore, the use will be permitted in the future zoning of the area. Based on the above, staff is of the opinion that the general intent of the zoning by-law is met. Is the Variance Minor? As noted above, the proposed home business bakery will have no impact on the property or the surrounding neigbhourhood and it will be permitted in the future zoning of the area. Staff is of the opinion that the variance is minor. Is the Variance ADDroariate? Staff is of the opinion that as the proposed use will not negatively impact the subject property nor the surrounding neighbourhood; and since the use will be permitted in the future; and further, that it is supported by all interested City staff (see Comments below) that the variance is appropriate. City Planning staff conducted a site inspection of the property on February 5, 2021. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: A discussion took place between Planning and Transportation Services regarding customers and it was noted that the applicant has confirmed that there will be no customers coming to the home to buy or to pick up prepared baked goods. The food is being delivered and there are no other employees with this business, other than the applicant who lives in the home. Therefore, Transportation Services do not have any concerns with the proposed application. Engineering Comments: No comments Heritage Planning: The subject property is located within the Gildner Green Cultural Heritage Landscape. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) process. The owner and the public will continue to be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. In consideration of the above, there are no cultural heritage planning issues or concerns with the Minor Variance application. Environmental Planning: No concerns due to nature of application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter January 26, 2021 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (3) / 06 HIGHLAND, 359 Highland Road West 2989943 Ontario Incorporated Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting February 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-005 — 52 South Drive — No Concerns. 2) A 2021-006 — 4 Gildner Street — No Concerns. 3) A 2021-007 — 359 Highland Road West — No Concerns. 4) A 2021-008— 29 Hurst Avenue— No Concerns. 5) A 2021-009 — 268 Louisa Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 Document Number: 3543119 3543119 Page 1 of 1 Ca'�and Rey r 0 0 7 ��~yation P� February 2, 2021 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 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: February 16, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-005 50 Brookside Crescent 52 South Drive A 2021-006 B 2021-007 4 Gildner Street A 2021-007 202 Fifth Avenue 359 Highland Road West A 2021-009 268 Louisa Street Applications for Consent B 2020-047 50 Brookside Crescent B 2021-006 427 Old Chicopee Trail B 2021-007 43 & 47 Sheldon Avenue B 2021-008 202 Fifth Avenue 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 aherremanamrand 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Kelly-Ruetz, Richard, Project Manager, 519-741-2200 ext. 7110 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: February 2, 2021 REPORT NO.: DSD -21-024 SUBJECT: Minor Variance Application A2021-007 359 Highland Road West Owner —John Dantzer & Natalie Podolean Applicant — Reema Masri & Louis -Pierre Belec (Masri O. Inc.) RECOMMENDATION: That application A2021-007 requesting relief from Section 8.3 of Zoning By-law 2019-051 to permit the ground floor street line fagade width to be 28.6% of the street line width rather than the required 50%; Section 8.3 of Zoning By-law 2019-051 to permit a maximum Floor Space Ratio (FSR) of 2.25 rather than the required maximum of 2.0; Table 5-3 of Section 5.6 of Zoning By-law 2019- 051 to permit a minimum of 10 parking spaces including 3 visitor spaces, whereas 31 parking spaces including 4 visitor spaces are required; and Section 5.5 c) of Zoning By-law 2019-051 to permit the width of a Class A Bicycle Parking Stall to be 0.27 metres, rather than the required 0.6 metres be approved, subject to the following conditions: 1) That the owner enters into an agreement with the City of Kitchener to be registered on title acknowledging that parking will be rented separately from the dwelling units; and, 2) That the Owner shall ensure that this approval shall only apply to the development proposed through Site Plan Application SP20/063/H/RK. REPORT HIGHLIGHTS: Figure 1: Location Map — 359 Highland Road West *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. As part of a Site Plan application for a 31 -unit Multiple Dwelling on the subject property that has received Approval in Principle (AIP), the following relief is requested from Zoning By-law 2019-051: ■ Section 8.3 to permit the ground floor street line fagade width to be 28.6% of the street line width rather than the required 50%; ■ Section 8.3 to permit a maximum Floor Space Ratio (FSR) of 2.25 rather than the required maximum of 2.0; ■ Table 5-3 of Section 5.6 to permit a minimum of 10 parking spaces including 3 visitor spaces, whereas 31 parking spaces including 4 visitor spaces are required; and, ■ Section 5.5 c) to permit the width of a Class A Bicycle Parking Stall to be 0.27 metres, rather than the required 0.6 metres. BACKGROUND: The subject property highlighted in Figure 1 is designated as Mixed Use in the City's Official Plan and identified as within an Urban Corridor on the City's Urban Structure Map. The property is zoned as Mixed Use Two (MIX -2) with Site Specific Provision (68) in Zoning By-law 2019-051. The last known use of the existing structure on the subject property is as a Residential Care Facility (Group Home) with up to 8 residents. In December 2020, a 5 -storey, 31 -unit Multiple Dwelling with 10 parking spaces received Site Plan Approval in Principle (AIP) on the subject property. The 31 units are proposed to be `compact' units. Of the 10 proposed parking spaces, 3 are visitor, 1 is barrier -free, 2 are designed to be future electric vehicle parking spaces, and the remaining 4 are regular parking spaces. There is approximately 200 combined square metres of indoor/outdoor amenity space on the 51h floor and rooftop, with additional space proposed in the basement. The ground floor level contains lobby space, exit stairs, and parking spaces. 44 bike parking spaces are provided for future residents, including 27 indoor spaces. ■oan ,r INAn ■ it Figure 2: Massing Diagram of Proposed 31 -unit Multiple Dwelling REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The property is designated Mixed Use in the Official Plan, and located within an Urban Corridor in the City's Urban Structure. Analysis of the proposal with respect to both is below. Urban Structure The property is located within an Urban Corridor. Urban Corridors are generally linear in form and are located along existing or planned transit corridors — in this case, Highland Road West. They are intended to have strong pedestrian linkages and be integrated with neighbouring residential and employment uses. Urban Corridors are planned to provide for a range of retail and commercial uses and transit - supportive intensification opportunities. This proposal advances the objectives of the Urban Corridor as it significantly intensifies the site with 31 dwelling units, whereas a single detached dwelling structure — formerly a Group Home — currently exists. While this proposal is for residential uses, the nature of this existing stretch of Highland Road West makes the proposal complementary to the existing uses and to the objectives of the Urban Corridor. There is a wide -range of commercial uses on the opposite side of Highland that future residents can walk to, reducing dependency on private motor vehicles for weekly shopping needs (as one example). The subject property is also well -served by existing transit services and is a 20 -minute walk to the Urban Growth Centre (Downtown). The Urban Corridor is not one individual property but a collection of properties which together form the corridor. As such, it is the opinion of staff that the requested variances to facilitate this proposal are in line with the general objectives of the Urban Corridor. Figure 3 shows an inset of the Official Plan's Urban Structure map. Subject Property XCn Urban Corridor IL 6X Figure 3: Urban Corridor on Highland Land Use Designation The property is designated Mixed Use in the Official Plan. The purpose of the Mixed Use land use designation is to achieve an appropriate mix of commercial, residential and institutional uses, to provide opportunities for lands to evolve and intensify over time, and to allow for a broad range of uses, among other objectives. This proposal is consistent with these objectives. A stand-alone Multiple Dwelling is permitted in the implementing MIX -2 zoning, and the residential use is complementary to the range of non-residential uses on lands located along this stretch of Highland Road West. The specific variances to the ground floor street line fagade width, parking requirements, and bicycle parking stall width are specific requests related to the function of the proposed building. This included the number of parking spaces for future tenants, a driveway to access said parking spaces, and the specifications/dimensions of an on-site bike storage locker. This will have no impact on the general intent and purpose of the Mixed Use land use designation. Therefore, the general intent and purpose of the Official Plan is maintained. The remaining variances pertain to an increase in the FSR from 2.0 to 2.25. The Official Plan defines FSR as the building floor area divided by the lot area. For lands designated Mixed Use and located within an Urban Corridor, the maximum FSR is 2.0. As part of the zoning analysis of this proposal through the Site Plan review process, all storeys of a building `count' towards the FSR —this is because FSR is interpreted as a measure of `building mass'. Figure 2 shows that a portion of the access driveway and parking spaces are located within the building footprint, and that the remaining building is cantilevered above it. Because the first storey contributes to massing, this area was counted towards the FSR in the zoning review. Figure 4 shows a breakdown of the FSR calculations. LOT AREA 923.8 m2 1st FLOOR 402.3 m2 (322.7 m2 Driveway & Covered Parking + 79.9 m2 Indoor Area) 2nd FLOOR 400.6 m2 3rd FLOOR 400.6 m2 4th FLOOR 400.6 m2 5th FLOOR 343.8 m2 ROOF AMENITY 132.8 m2 (72.8 m2 Service Space + 60.0 m2 Indoor Amenity) GFA 2080.7 m2 FSR 2.25 Figure 4: FSR Breakdown Excluding the 320 square metre driveway and parking area from the FSR calculations, the FSR is 1.9, which is below the maximum included in the Official Plan. It is the opinion of staff that this is a reasonable exclusion as this area is not building floor area, as the Plan defines. The 0.25 increase to FSR is minimal and in this specific case, it does not merit a more rigorous planning process. Also contributing to the increased FSR is 60 square metres of indoor amenity space on the rooftop; this space will provide significant value for future residents and supports a modest increase to the FSR. Through these unique circumstances, staff is of the opinion that the general intent of the Official Plan is maintained. Contributing to the unique circumstances are several proposed changes to Zoning By-law 2019-051 and the Official Plan (not yet approved by Council) that would impact the future zoning of this property. The changes are related to the ongoing Neighbourhood Planning Review (NPR) and have been considered as general guidance for this project. The relevant proposed changes are as follows: A new general regulation to limit building height to 12 metres within 15 metres of a low rise residential zone; 2. A reduction in the MIX -2 maximum building height from 25 metres to 20 metres; and, 3. An increase to the maximum FSR in the MIX -2 zone from 2.0 to 3.0. The proposed 5 -storey Multiple Dwelling is approximately 14.6 metres from a low-rise residential zone, has an FSR of 2.25, and has a building height of 20.6 metres. By and large, the application is meeting the intent of these draft regulations. While these regulations are not yet in effect, staff is of the opinion that the applicant's willingness to increase the distance from low-rise residential and decrease the building height justifies an increase in FSR in advance of the proposed changes. These changes limit building height and mitigate impacts of development on low-rise neighbourhoods in exchange for a modest FSR increase. There is merit in advancing these `draft' changes through the Committee of Adjustment. General Intent of the Zoning By-law The general intent of the ground floor street line fagade width of 50% is to promote an urban form where at least half of the frontage is occupied by a building. While the ground floor fagade width is proposed at only 28.6% of the street line width, this is out of necessity. Driveway access to the site is required, and it is the 6.7 metre driveway that prevents the ground floor fagade width requirements from being met. As highlighted in Figure 2, there are no other practical locations for driveway access. Despite this, staff is of the opinion that the proposed development maintains the primary intent of this zoning regulation — that is, promoting an urban form. The upper stories of the building are built to the required minimum front yard setback of 1.5 metres and this is an inherently `urban' form. Further, the street line fagade width of the second storeys and higher is 68%, well above half of the frontage. The general intent of the maximum FSR of 2.0 is to regulate the massing of the building. As discussed extensively in the first test, Figure 2 shows that a significant portion of the first storey is `open -sided'. It is this part of the building that puts the FSR above the maximum of 2.0. While this does contribute to massing, it is not completely enclosed and therefore reduces the visual impact of `mass' enough to clearly meet the general intent of the zoning by-law. Staff is satisfied that this test is met. The general intent of the minimum parking space and visitor space regulations is to ensure there are sufficient parking spaces for residents and visitors alike. 31 parking spaces (including 3 visitor spaces) are proposed, whereas 31 spaces (including 4 visitor spaces are required). As part of the site plan application, the applicants submitted a Parking Study and Transportation Demand Management Plan which has been accepted by the Director of Transportation Services. To justify the reduction, 44 bicycle parking spaces are provided, including 27 indoor spaces. Further, the site has several amenities within walking distance (notably the adjacent commercial plazas), is well -served by transit, and is within 20 minute walking distance of the downtown. During the site plan review process, staff recognized that many visitors remain likely to drive to the site and as such, emphasized maximizing the amount of visitor parking spaces provided (3). Staff is satisfied that the general intent of the zoning by-law is maintained. The general intent of the 0.6 metre width requirement for a Class A Bicycle Parking Stall (indoor) is to ensure that there is enough space for cyclists to store and access their bike. The variance to reduce the width to 0.27 metres pertains to the 27 Class A Bicycle Parking Stalls that are to be provided in the basement of the proposed building. The storage system proposed to be used for the bicycle storage is a commercial product by Dero, a designer of bicycle infrastructure. Dero's `Bike File' system is proposed, shown in further detail in Figures 5 & 6. The `Bike File' system is compact and includes a trolley system to maintain bike access for users. Staff is satisfied that the reduced 0.27 metre width for each stall maintains enough space for users to access their bikes. As such, the general intent of the By-law is maintained. Staff notes that this is a very compact system for bike storage, and have accepted this option on a trial -basis for the purposes of having an example to guide future proposals. One concern raised during circulation was that the trolley system may increase chances of damage to bikes; this is part of the reason this has been accepted on a trial basis. The `Bike File' system is a commercial product theoretically designed for safe storage of bikes, which gives staff the confidence to proceed with a trial. CLASS A BIKE PARKING BASEMENT FLOOR DEF O 'BIKE FILESYSTEM 27 SPACES Ceiling Height: 2.5m Bike Stall Space: 0.27m Tro& ys &kw You to push neighborrng hikes J, -t r?- h—gk?g or removing c bihe Plan view of Class A Bicycle Photos from the information manual of the `Bike File' storage system by Dero Parking Spaces on Site Plan Figure 5: Class A Bicycle Parking Stalls in Proposed Building Figure 6: Photos of installed `Bike File' system by Dero. Arrow point to the trolley system. Photo(s) provided to staff by Dero & ABC Recreation customer service representatives Are the Variances Minor? Staff is satisfied that the variances for the relief from the ground floor fagade width, 0.25 increase to the FSR and the reduction in bike parking stall width are required to facilitate a practical building design. It is the opinion of staff that the proposed building presents an `urban' form in-line with the objectives of the MIX -2 zone, offsets the FSR increase with a partially `open' ground floor footprint as well as indoor rooftop amenity space, and provides a functional compact indoor bike storage system. With respect to the parking reduction, while the 21 space reduction is large in number (from 31 to 10), staff is satisfied that the request is minor. A parking reduction study has been approved, there are a total of 44 bike parking spaces provided, the site is served by frequent transit, and is within walking distance to weekly shopping needs. These factors satisfy the `minor' test for the parking reduction. It is also worth noting that the applicants have indicated that they intend to market the units to those without the need for parking a motor vehicle which would further be a contributing factor. Are the Variances Appropriate? Staff is satisfied that the requested variances are desirable and appropriate for the development and use of the land. Multiple Dwelling is a permitted as -of -right use in the MIX -2 zone, and the variances sought are each related to specific site constraints. Reducing the ground floor fagade to street width percentage is required to adequately provide suitable driveway access to the property for parking spaces, bicycles, and garbage access. In order to maintain a suitable urban form close to the street edge, the upper storeys of the building are cantilevered over ground floor driveway and parking spaces. Though the portion of the driveway and parking spaces beneath the cantilever are not `inside' the building, they do contribute to the FSR of the building. Consequently, this requires relief from the FSR maximum. The FSR relief is appropriate, as it allows a modest increase of less than 250 square metres in additional `floor area' and is offset by the `openness' of the cantilevered portion of the ground floor and to a lesser extent, about 100 square metres of indoor rooftop amenity space provided for future residents. The rooftop amenity space also contributes to the FSR calculation yet is valuable for this site as the size constraints of the lot area do not make it practical to provide usable amenity space at grade. The regular and visitor parking space reduction is appropriate as this has been justified through a study and most importantly, is a practical reduction as there are secure bike parking stall on-site for residents, the site is in close proximity to amenities, and is relatively walkable. Lastly, the reduction to the width of the Class A Bicycle Parking Stalls is appropriate as the commercial bike storage system the applicants are proposing will maintain a functional bike storage space. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the apartment building is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: The Parking Study and Transportation Demand Management Plan submitted by Paradigm (September 2020) has demonstrated the various walkable amenities, existing cycling trail network, existing Grand River Transit route 204 (iXpress), coupled with unbundling of parking and 27 long term bicycle parking spaces; alternative modes of transportation are readily available. Therefore, Transportation Services can support the proposed parking reductions subject to the following conditions; a) That the owner enters into an agreement with the City of Kitchener to be registered on title that acknowledges that parking will be rented separately from the dwelling units. b) Based on the site plan submitted as part of this application, the bicycle parking shall be provided on site at a rate of 27 Class A and 17 Class B. This application is also seeking a reduction form the width of a Class A bicycle parking space to be 0.27 metres, from the required 0.60 metres. Transportation Services acknowledges that this is a narrow width, and sees this as a one-time trial to facilitate a better understanding of the best utilization of vertical bike rack systems. Therefore, Transportation Services accepts the proposed reduced width for a Class A bicycle parking space. Heritage Comments: No concerns Engineering Comments: No concerns. Operations Comments: No concerns. Environmental Planning Comments: No concerns STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: A Site Plan application has been filed for this property and received Approval in Principle (AIP) on December 8, 2020. Standard conditions are required to be cleared as part of the AIP in order to receive Full Site Plan Approval and subsequent issuance of a Building Permit. Minor Variance approval is one such condition. January 26, 2021 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (3) / 06 HIGHLAND, 359 Highland Road West 2989943 Ontario Incorporated Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting February 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-005 — 52 South Drive — No Concerns. 2) A 2021-006 — 4 Gildner Street — No Concerns. 3) A 2021-007 — 359 Highland Road West — No Concerns. 4) A 2021-008— 29 Hurst Avenue— No Concerns. 5) A 2021-009 — 268 Louisa Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 Document Number: 3543119 3543119 Page 1 of 1 Ca'�and Rey r 0 0 7 ��~yation P� February 2, 2021 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 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: February 16, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-005 50 Brookside Crescent 52 South Drive A 2021-006 B 2021-007 4 Gildner Street A 2021-007 202 Fifth Avenue 359 Highland Road West A 2021-009 268 Louisa Street Applications for Consent B 2020-047 50 Brookside Crescent B 2021-006 427 Old Chicopee Trail B 2021-007 43 & 47 Sheldon Avenue B 2021-008 202 Fifth Avenue 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 aherremanamrand 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: Dianna Saunderson Sent: 10 February, 2021 8:57 AM To: Holly Dyson Subject: FW: [EXTERNAL] Minor Variance Application A2021-007 - 359 Highland Road West For the Member's Packages. Dianna Saunderson, AMP Committee Administrator I Corporate Services City of Kitchener 519-741-2200 ext. 7277 1 TTY 1-866-969-9994 Dianna.Saunderson@kitchener.ca 110119'r R From: Sent: Tuesday, February 9, 20213:25 PM To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: [EXTERNAL] Minor Variance Application A2021-007 - 359 Highland Road West Hi Dianna, I don't necessarily want to be a delegation but I do want to voice my concerns over this "Minor Variance". Unless this is going to be specifically for affordable or geared -to -income housing, the requested variance is too massive to be suitable for the lot the developer is proposing. I realize it is adjacent to a six -storey apartment building so it doesn't detract from the landscape as such but increasing the density of that small lot and then not providing sufficient parking or outdoor space seems to contradict all the reasons you have building guidelines in the first place. The location is great for public transit and walkability to stores and restaurants but most people, including low income families, usually have a vehicle. Where are they going to park? In nearby streets? In the plaza parking lot opposite? The guidelines are in place for a reason and it's not usually too much of a stretch to allow some variances but this seems to be beyond misguided to me. Please advise if you need any additional information from me and keep me apprised of any other submissions or reference materials. i nd re ards, I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16th, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: February 5th, 2021 REPORT NO.: DSD -21-025 SUBJECT: Minor Variance Application A2021-008 29 Hurst Avenue Owner & Applicant — Lucas Rowe RECOMMENDATION: That application A2021-008 requesting permission to allow a rear yard addition to have a rear yard setback of 6.1 metres whereas a setback of 7.5 metres is required, and to permit an uncovered rear yard deck that exceeds 0.6 metres in height to be setback 3.0 metres from the rear property line whereas a setback of 4.0 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to allow a rear yard addition to have a rear yard setback of 6.1 metres rather than the required 7.5 metres. Further relief is being sought from Section 5.6A.4c) of the Zoning By-law to permit an uncovered rear yard deck that exceeds 0.6m in height to be setback 3.0 metres from the rear property line whereas a setback of 4.0 metres is required. Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1. The applicant is proposing to renovate the existing single detached dwelling and build a rear yard addition in order for the building to be used as a duplex dwelling. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City's Official Plan. This designation permits low density forms of housing such as duplex dwellings. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. it is the opinion of staff that the requested variance to legalize the location of the one required parking space meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 7.5 metre rear yard setback, and 4.0 metre setback for a deck that is above 0.6 metres in height is to ensure there is adequate outdoor amenity space for the dwelling. Due to the shape of the property, the property is wider at the rear which results in more open space on the eastern and southernly corner of the property, which provides adequate amenity space. The intent of the 4.0 metre rear yard setback for a deck that is over 0.6 metres in height is to ensure that the overlook into adjacent properties is minimal. The proposed deck is small and provides an alternative entrance into the proposed building as well as minor amenity space for the residents. Staff is of the opinion that the reduction in both setbacks meets the general intent of the Zoning By-law. Is the Variance Minor? The variances can be considered minor, as it is the opinion of staff that both setbacks continue to accommodate adequate amenity space. The setback of 6.1 metres for the rear yard setback and the setback of 3.0 metres for a deck that is over 0.6 metres in height will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition will not negatively impact the existing character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on February 1St, 2021 Photo of Subject Property (Front and Rear view) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition and change of use to a duplex is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with this application. Environmental Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. The applicant has provided a Concept Layout for the duplex with this application for reference. o_z z aBpaH o � \ N ASPHALT II � DRIVEWAY I ry W _ -F s N W \ z- irN LLJc d VO w� QN N < _z a L --- 4 z ryyj. j tv-e i.— n._ 6t t, G. A5.5 I wwwee�eonox 3„00,0za0srN O� M (^J O V O N J N z LJ cL � 4 Layout — 29 Hurst Avenue 3,Ob,6�o6£r---- January 26, 2021 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (3) / 06 HIGHLAND, 359 Highland Road West 2989943 Ontario Incorporated Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting February 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-005 — 52 South Drive — No Concerns. 2) A 2021-006 — 4 Gildner Street — No Concerns. 3) A 2021-007 — 359 Highland Road West — No Concerns. 4) A 2021-008— 29 Hurst Avenue— No Concerns. 5) A 2021-009 — 268 Louisa Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 Document Number: 3543119 3543119 Page 1 of 1 .and R►��°� C? � �ation P� 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 PLAN REVIEW REPORT: Holly Dyson City of Kitchener DATE: FILE: January 26, 2021 Minor Variance A2021-008 — 29 Hurst Avenue RE: Minor Variance Application A2021-008 29 Hurst Avenue Lucas Rowe GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with the application. Future planning should consider the broad flooding hazard present in the area. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands are adjacent to Schneider Creek and its associated floodplain. 2. Legislative/Policy Requirements and Implications: While the proposed development is not regulated under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation), the GRCA does take interest as Hurst Avenue is affected by the flooding hazard, and it provides the primary access to and from the property. We also take interest as the application is proposing to add a dwelling unit. The GRCA wishes to ensure new development occurs outside of areas facing risk from flood hazards, which includes ensuring properties have safe access in the event of a regulatory flood. Safe access provisions ensure that flood depths and/or velocities do not prohibit safe evacuation or access by emergency response during a regulatory storm. Our review of the floodplain has determined that flood depths are approximately 0.6 metres, and safe access out of the floodplain would be possible via Hurst Avenue and Kent Avenue. As such, the GRCA has no concerns with this application. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River 3. Advisory Comments to the City: This application is within the Planning Around Rapid Transit Stations (PARTS) Rockway Plan area. Additional floodplain analysis was completed in support of the plan. Hurst Avenue is identified as a "Candidate Flood Fringe," which is currently treated as part of the floodway, and may become fringe in the future. The application is within an `island' area that is bounded by the Schneider Creek and Shoemaker Creek regulatory floodplains. The intersection of Stirling Avenue South and Courtland Avenue East is affected by the Schneider Creek floodway, and may not be safe during a regulatory storm. Safe emergency access to the area would be available via Ottawa Street South and Courtland Avenue East. Safe access should receive additional consideration when alterations to Shoemaker Creek, road works and site development in the area are contemplated, especially if the City will entertain additional dwelling units in this area going forward. 4. Review Fees: This application is considered a "minor" minor variance, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280. We will send an invoice to the applicant. No GRCA permit is required. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood (abgrand river. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Attachments C. C. 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V 1 � cl z Q �� I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16th, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: February 8, 2021 REPORT NO.: DSD -21-026 SUBJECT: Minor Variance Application A2021-009 268 Louisa Street Owner- Eric Maki & Kiirsten Maki Applicant — Eric Maki RECOMMENDATION: That application A2021-009 requesting permission to construct a 2 -storey addition in the rear yard of an existing single detached dwelling having a westerly side yard setback of 2.4m where the driveway leading to the required parking space is situated between the main building and the side lot line, rather than the required 3m; and, an easterly side yard setback of 0.88m rather than the required 1.2m be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to allow a rear yard addition to have a side yard setback of 0.88 metres rather than the required 1.2 metres. The applicant is also requesting relief to allow a side yard setback of 2.4 metres on the side in which a driveway leads to a parking space. Location Map: 268 Louisa Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property located at 268 Louisa Street is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) with Special Use Provision 129U in Zoning By-law 85-1. The applicant is requesting relief from the Zoning By-law to construct a rear yard addition on an existing single detached dwelling having side yard setbacks of 0.88 metres rather than the 1.2 metres required on one side, and 2.4 metres rather than the required 3 metres on the opposite side. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan 1. The requested variance meets the general intent of the Official Plan. The Low Rise Residential designation in the Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for reduction in the side yard setbacks does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a 1.2 metre side yard setback is to ensure that there is adequate access to the rear yard and adequate separation of buildings. The addition is proposed to line up with the current building on site, which exists at 0.88 metres from the side lot line. Thus, it is not extending further towards the side lot line compared to the existing building on site. Staff is satisfied that this will continue to provide adequate access and separation of buildings, as it does not change the existing condition on site. The intent of the 3 metre side yard setback on a side where a driveway leads to a parking space is to ensure that adequate space is provided for storage of vehicles and opening of vehicle doors. Again, this variance represents an existing condition on site and the proposed rear yard addition does not change this . The applicant is simply seeking to legalize this condition as part of this application. After completing a site visit and reviewing the provided drawing, Staff is of the opinion that this setback can continue to provide a functional, single width driveway. Therefore, Staff is of the opinion that the requested variances for side yard setback meet the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The applicant is looking to expand the living space of their current dwelling. The proposed addition will not come any closer to side lot lines that what is currently existing on site. The requested variances are not expected to cause adverse impacts to neighbouring properties. Therefore, Staff considers the variance to be appropriate. Is the Variance Minor? 4. The small reductions in required side yard setback can still provide functionality, access, and separation of buildings, and represent small decreases overall. Therefore, the requested variance is considered minor. City Planning staff conducted a site inspection of the property on January 27, 2021. Existing Single Detached Dwelling (January 27, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: The subject property is located within the Mt Hope/Breithaupt Neighbourhood Cultural Heritage Landscape. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phase Cultural Heritage Landscape (CHL) process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. In consideration of the above, there are no cultural heritage planning issues or concerns with the Minor Variance application. Environmental Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: None January 26, 2021 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (3) / 06 HIGHLAND, 359 Highland Road West 2989943 Ontario Incorporated Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting February 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-005 — 52 South Drive — No Concerns. 2) A 2021-006 — 4 Gildner Street — No Concerns. 3) A 2021-007 — 359 Highland Road West — No Concerns. 4) A 2021-008— 29 Hurst Avenue— No Concerns. 5) A 2021-009 — 268 Louisa Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 Document Number: 3543119 3543119 Page 1 of 1 Ca'�and Rey r 0 0 7 ��~yation P� February 2, 2021 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 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: February 16, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-005 50 Brookside Crescent 52 South Drive A 2021-006 B 2021-007 4 Gildner Street A 2021-007 202 Fifth Avenue 359 Highland Road West A 2021-009 268 Louisa Street Applications for Consent B 2020-047 50 Brookside Crescent B 2021-006 427 Old Chicopee Trail B 2021-007 43 & 47 Sheldon Avenue B 2021-008 202 Fifth Avenue 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 aherremanamrand 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: February 5, 2020 REPORT NO.: DSD -21-027 SUBJECT: Consent Applications B2021-004 & B2021-005 130, 138, 142, 150/154, & 162 Victoria Street South & 92, 100, 102, 106, & 110 Park Street Owners — Innovation Park Kitchener Limited, 162 Victoria Limited, 1936026 Ontario Inc., 1232119 Ontario Inc., & 138 Victoria Limited. Applicants — Kevin Muir, GSP Group RECOMMENDATION: That severance application B2021-004 proposing to sever a portion of 100 Park Street / 150- 154 Victoria Street South that is 12.5 metres wide, 10.6 metres deep, with an area of 134.5 square metres, for the purpose of a lot addition to 138 Victoria Street South, 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). 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 for 100 Park Street / 150-154 Victoria Street South and 138 Victoria Street South, to the satisfaction of the City's Revenue Division. 3. That the Owner shall submit draft transfer documents to the satisfaction of the City Solicitor. 4. That the Owner pay to the Grand River Conservation Authority, the minor consent application review fee, in accordance with the GRCA's 2021 Plan Review Fee Schedule, being $430. 5. That prior to final approval, the owner/applicant submit a Record of Site Condition for the severed lands, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo, and further *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. That application B2021-005 proposing an easement over a portion of 100 Park Street / 150- 154 Victoria Street South that is 7.6 metres wide, 35.3 metres in length, and an area of 269.5 square metres, in favour of 130, 138 and 142 Victoria Street South for access, 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). 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 Owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes for 100 Park Street / 150-154 Victoria Street South and 130, 138 and 142 Victoria Street South to the satisfaction of the City's Revenue Division. 3. That the Transfer Easement document(s) required to create the Easement 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 clear and specific description of the purpose of the Easement(s) 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); II. clause/statement/wording confirming that the Easement(s) 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. 4. 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. REPORT HIGHLIGHTS: Severance application B2021-004 proposes to sever a portion of 100 Park Street / 150-154 Victoria Street South that is 12.5 metres wide, 10.6 metres deep, with an area of 134.5 square metres, for the purpose of a lot addition to 138 Victoria Street South. Application B2021-005 proposes an easement over a portion of 100 Park Street / 150-154 Victoria Street South that is 7.6 metres wide, 35.3 metres in length, and an area of 269.5 square metres, in favour of as 130, 138, and 142 Victoria Street South for access. 0 P A'M M S r R E E I 7 -m -An. J.yw RUZI- LOT 9 LOT a LOT 7 Severance Sketch (Lot addition outlined in blue, easement outlined in red) r' A R K S -R[7 - Severance Sketch (Lot addition outlined in blue, easement outlined in red) Location Map BACKGROUND: The subject property is designated Mixed Use in the City's Official Plan and identified as the Urban Growth Centre on the City's Urban Structure Map. The subject lands are zoned as follows: Address Base Zone Special Regulations 130 Victoria Street South Low Intensity Mixed Use Corridor Zone 1R, 525R MU -1 138 Victoria Street South Low Intensity Mixed Use Corridor Zone 1 R, 525R, 401 U (MU -1) 142 Victoria Street South Low Intensity Mixed Use Corridor Zone 1 R, 525R MU -1 100 Park Street / 150-154 Medium Intensity Mixed Use Corridor 1R, 524R Victoria Street South Zone (MU -2) 162 Victoria Street South Medium Intensity Mixed Use Corridor 526R, 401 U Zone (MU -2) 92 Park Street Medium Intensity Mixed Use Corridor 526R Zone (MU -2) 100 Park Street Medium Intensity Mixed Use Corridor 524R Zone (MU -2) 102-110 Park Street Low Intensity Mixed Use Corridor Zone 401U MU -1 Special Regulation 1R requires a permit from the Grand River Conservation Authority. Special Regulation 524R outlines site specific regulations including setbacks and building height. Special Regulation 525R outlines site specific regulations including setbacks and lot width. Special Regulation 526R outlines site specific regulations for building height. Special Use Regulation 401 U prohibits certain sensitive land uses until a Record of Site Condition has been completed in accordance with the relevant Ontario legislation. REPORT: Planning Comments: Heavy Industrial uses are defined in accordance with Provincial Guidelines and generally refer to those characterized by large volumes of materials and products, truck traffic, and as being noxious due to vibration, noise, emissions or odour. In addition to these uses, the Official Plan permits a wide variety of industrial and prohibits the introduction of new uses which are incompatible with heavy industrial activities. The subject properties are identified as an Industrial Employment Area within the City's Urban Structure. The planned function of the Industrial Employment Areas is to support and maintain economic activity in the city by providing an adequate supply of land for a range of industrial -related employment uses and appropriate accessory and ancillary uses. The purpose of the Low Intensity Mixed Use Corridor Zone (MU -1) and the Medium Intensity Mixed Use Corridor Zone (MU -2) is to permit a variety of commercial and residential uses in a mixed use form. 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, Planning staff is of the opinion that the proposed lot addition conforms to the City's Official Plan. The dimension and shape of the resulting lot is appropriate and suitable for continued use of the lands as the proposed consolidated lot at 138 Victoria Street South will be a similar size and configuration to both adjacent lots (130 and 142 Victoria Street South). The proposed consolidated lot will continue to front onto an established public street (Victoria Street South), and the proposed consolidated lot meets the minimum zoning requirements for size. The proposed easement will allow access to the rear of the properties addressed as 130, 138, and 142 Victoria Street from Bramm Street which will establish legal access that currently exists. 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. City Planning staff conducted a site inspection of the property on February 2, 2021. Building Comments: The Building Division has no objections to the proposed consent or easement. Transportation Comments: Transportation Services does not have any concerns with the proposed applications. Heritage Comments: The subject lands are adjacent to the property municipally addressed as 142 Victoria Street South which is a listed property on the City's Municipal Heritage Register. Based on the nature of the application, Heritage Planning staff do not anticipate any negative impacts to the listed property municipally addressed as 142 Victoria Street South and therefore have no concerns. Engineering Comments: Engineering has no comments. Operations Comments: Parkland dedication is not required for this application as no new developable lot has been created. Environmental Planning Comments: The City will apply the Tree Management Policy at a future redevelopment application as no development is proposed with the current lot addition and easement applications. Region of Waterloo Comments: There subject parcels are identified with high threats in the Region's Threats Inventory Database (TID) associated with previous industrial/manufacturing uses. As per the Region's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites the conveyance of land to the residential lot requires a completed Record of Site Condition for the severed lands prior to final approval of the consent application. The Region has no objection to the proposed application, subject to the following condition: That prior to final approval, the owner/applicant submit a Record of Site Condition for the severed lands, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. The owner/applicant is proposing an easement for access over the existing private laneway to Bramm Street in favour of abutting properties on Victoria Street. 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. Grand River Conservation Authority Comments: Due to the presence of the floodplain, the GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area (as shown in yellow on the attached map) will require a permit from the GRCA pursuant to Ontario Regulation 150/06. The subject lands are located within the flood fringe section of a Two Zone Floodplain Policy Area, where depths and velocities are lower. As per GRCA and City of Kitchener Official Plan policies, development is permitted in the flood fringe as long as the development is floodproofed, and safe access is available. We have no concerns with the consent applications. We expect GRCA requirements can be addressed through appropriate design of a development proposal for the subject lands, and will comment further through future Planning Act applications. This application is considered a minor consent application, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $430. We will send an invoice to the applicant. Additional fees may apply for future Planning Act applications, and a separate fee will be required for a GRCA permit. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: The City of Kitchener approved the City -initiated Zoning By-law Amendment application ZC09/07/COK/HH to apply zoning to the Victoria Street South Mixed Use Corridor. In 2017, the City's Site Plan Review Committee issued approval of site plan application SP17/077/V/CI for 130 Victoria Street South to convert existing building to a wellness centre (health practitioners, spa, yoga studio & associated pharmacy/juice bar). The Committee of Adjustment approved application A20174-079 for 130 Victoria Street South to redevelop an existing commercial building into a health and wellness centre having a side yard setback abutting a street of 0.26m rather than the required 4.5m; a rear yard setback of Om rather than the required 7.5m; a landscaped area of 3.4% whereas the By-law requires a minimum of 10%; to locate the off-street parking Om from the front lot line rather than the required 4.5m; and, to allow 1 off-street parking space whereas the By-law requires 20 off-street parking spaces. 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.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT February 9, 2021 Re: Comments for Consent Applications B2021-004 to 62020- 005 Committee of Adjustment Hearing February 16, 2021 CITY OF KITCHENER B2021-004 100 Park Street, 138 Victoria Street South and 150-154 Victoria Street South Innovation Developments Kitchener Limited The owner/applicant is proposing a severance to facilitate a lot addition to the rear portion of 138 Victoria Street for the purposes of consolidating ownership. The intent is to create a standalone parcel. Record of Site Condition: There subject parcels are identified with high threats in the Region's Threats Inventory Database (TID) associated with previous industrial/manufacturing uses. As per the Region's Implementation Guidelines for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites the conveyance of land to the residential lot requires a completed Record of Site Condition for the severed lands prior to final approval of the consent application. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit a Record of Site Condition for the severed lands, acknowledged by the Ministry of the Environment, Conservation and Parks, to the Region of Waterloo. Document Number: 3545644 Version: 1 B2021-005 100 Park Street, 138 Victoria Street South and 150-154 Victoria Street South Innovation Developments Kitchener Limited The owner/applicant is proposing an easement for access over the existing private laneway to Bramm Street in favour of abutting properties on Victoria Street. 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, MCIP, RPP Document Number: 3545644 Version: 1 .and R►��°� C? � �ation P� 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 PLAN REVIEW REPORT: Holly Dyson City of Kitchener DATE: FILE: January 26, 2021 Severance B2021-004/005 — 138/150 Victoria Street South RE: Consent Application B2021-004 Consent Application B2021-005 100 Park Street, 138 Victoria Street South, and 150-154 Victoria Street South Innovation Developments Kitchener GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with the application. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands contain the Schneider Creek floodplain. 2. Legislative/Policy Requirements and Implications: Due to the presence of the floodplain, the GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area (as shown in yellow on the attached map) will require a permit from the GRCA pursuant to Ontario Regulation 150/06. The subject lands are located within the flood fringe section of a Two Zone Floodplain Policy Area, where depths and velocities are lower. As per GRCA and City of Kitchener Official Plan policies, development is permitted in the flood fringe as long as the development is floodproofed, and safe access is available. We have no concerns with the consent applications. We expect GRCA requirements can be addressed through appropriate design of a development proposal for the subject lands, and will comment further through future Planning Act applications. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River 3. Review Fees: This application is considered a minor consent application, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $430. We will send an invoice to the applicant. Additional fees may apply for future Planning Act applications, and a separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(5�grandriver. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority c.c. Steven Ruse, Innovation Developments Kitchener Kevin Muir, GSP Group Page 2 of 2 c N (6 ON Z-< v n 0 0 N 7 N O U Q LL UQ o� (7 o o m — E �Q - o Q' (7 C? U L Q Q 3`o E r. .. N O a; O Q U � m Q U yY a I O -2aE vm10 r q m � N m i D-0 °' a C? o �° Q c m (D L _ (D ami mF y O Q °� _- a n - 'o EAS o_ w 'o w 3 vIm _X L KJ V N _ v Q .0 y (6 (6 O (6 O Q J J>>� Q O E a O >> > Q -O N Q O Q O O C 0 E Q N> O d'��" o - r -3: a _ P/I C) C (D () N .X d' O d' O O` N (D N LL U) W LU y N D- in D-in N N N N Q Y - 0 0 !6 !6 !6 m {n Q Q >' W W Q o N j N j N W W W W y s o O o O O F Y Y Y Y U O�Nn U o m E m — d> c W 6 LL U) N� � q acVa_v om o �a�'m N o UO u v',Us.=_vF yr Z �r,�r to ■ ,k .!*A � � ... ° S_�. tf r .•'+ i� \RSR.. y.`��d� ko p n. `•-� r y` x�. O O so lw 7 '" h o- E t �'•,y�/�40r m S jw rap. y;S - S .1 +y 5°7 ' r a O ro cl so p � , F Y ) Bell Canada Right of Way Floor 2, 140 Bayfield Street Barrie, Ontario L4M 3131 February 2, 2021 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 Tel: 705-722-2264 Fax: 705-726-4600 E-mail: charleyne.hall@bell. ca E-mail Only: Holly Dyson — holly.dyson@kitchener.ca Subject: Applications for Consent B2021-004, B2021-005 100 Park Street, 138 Victoria Street South, 150-154 Victoria Street South Kitchener ON Bell File: 519-21-032 Subsequent to review by our local engineering department, Bell Canada has identified that we require protection for existing facilities. On the attached sketch, the red line indicates the approximate location of active, critical infrastructure. Located on the properties municipally known as 100 Park Street, 138 Victoria Street South, 150-154 Victoria Street South, Bell Canada's facilities provide essential access to the network. Of major concern is the ability to access our equipment, particularly in the event of an interruption, or emergency, that would require Bell Canada to restore service to regular telephone lines, alarm services, internet access, and most importantly ensure the continuity of 911 service. Bell Canada requests a 3.Om wide strip to measure 1.5m on either side of the buried facilities, as can be reasonably accommodated within the subject property's boundaries. In regards to the buried plant, it may be necessary for a surveyor to arrange for a cable locate to identify the precise location. Since the intention of the requested easement is to protect the integrity of the existing facilities and preserve many services, we request that the cost associated with registration be the responsibility of the landowner. We hope this proposal meets with your approval and request a copy of the decision. Should our request receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and accompanying draft easement documents for our approval prior to registration, along with an acknowledgement and direction for our execution. If you have any questions or concerns, please feel free to contact me. Yours truly, O.br Hy �y Charleyne Hall Right of Way Associate BRAMM STR I.I., - --! eLlj PA REGIS" CITY ( REC71ONAL MUNI THE INTENDED P �NVVIDTHBY457ff R I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: February 8, 2021 REPORT NO.: DSD -21-028 SUBJECT: Consent Application B2021-006 427 Old Chicopee Trail Owner- Maria Kyveris & Greg McNally Applicant: - Maria Kyveris RECOMMENDATION: That application B2021-006 for consent to sever into two lots be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 2. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $6688.40. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or Agn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That any new driveways 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 Division. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7. That the Owner submits a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner conveys to the City of Kitchener, without cost and free of encumbrance, an approximately 3 metre wide road widening along the severed parcel's entire Old Chicopee Trail frontage, to the satisfaction of the City's Transportation Services. In addition, the owner shall submit a Phase 1 and Phase 2 Environmental Assessment to the satisfaction of the City's Engineering Services for the road widening on the severed portion. 10. That the Owner makes satisfactory arrangements with the Director of Engineering for payment towards future sidewalk installation along the frontage for the severed portion. 11. 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 severed and retained lands which shall include the following: a) That the owner 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 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 and the Director of Parks and Cemeteries. c) That the Owner ensures any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Operations and Planning. That prior to the issuance of any building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Parks and Cemeteries. 12. That the Owner obtains a demolition permit for the portion of the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official. 13. That the owner provides a building code assessment as it relates to the new proposed property line to the satisfaction of the Chief Building Official. 14. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The application is requesting to create a lot by severing a portion of an existing lot containing a single detached dwelling. A partial demolition of a section of the existing single detached dwelling is requi Location Map: 427 Old Chicopee Trail REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Three Zone in Zoning By-law 85-1. On December 11, 2017, the Committee of Adjustment approved severance application B2017-048 for 427 Old Chicopee Trail to sever a parcel of land having a width of 21.95m, a depth of 43.4m and an area of 928.84 sq.m. That application has been fully approved, creating the parcel now municipally addressed as 441 Old Chicopee Trail. A single detached dwelling is now built on the newly created lot. On January 15, 2019, the Committee of Adjustment approved severance application B2019-001 for 427 Old Chicopee Trail to sever the subject lot roughly in half. This application would have required the existing single detached dwelling to be fully demolished. That application was not endorsed, and the applicant is now seeking to keep the existing single detached dwelling and create a new lot by demolishing only a portion of the existing single detached dwelling. Planning Comments: A portion of the single detached dwelling on the property is proposed to be demolished and the applicant proposes to build a single detached dwelling on the severed lot. The existing development of the neighbourhood consists of mostly single detached dwellings. The Owner is requesting permission to sever a portion of the subject lands to create a new lot. The severed lot would have a lot width of 14.54 metres, a depth of 42.76 metres, and an area of 605.25 square metres. The retained lot would have a lot width of 29.08 metres, a depth of 43.37 metres, and an area of 1219.8 square metres. City Existing single detached dwelling at 427 Old Chicopee Trail (January 22, 2021) With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. Building Comments: The Building Division has no objections to the proposed applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. A separate building permit will be required for the construction of the new residential building. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot — a building permit will be required for this work. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building/demolition permit will be issued. Transportation Services Comments: It is noted within the City of Kitchener's Official Plan that, Old Chicopee Trail is designated for a road widening with an ultimate road width of 18 metres between Daimler Drive and Fairway Road North. Therefore, a conveyance of approximately 3 metres along the entire severed portion fronting Old Chicopee Trail is required. Also, a Phase 1 Environmental Site Assessment (ESA) be submitted and if deemed necessary, a Phase 2 ESA be submitted to Engineering. Also, funds for a future sidewalk along the entire frontage of the severed property be provided to Engineering. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Trevor Jacobs (trevor.iacobs(a�kitchener.ca) Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $6,688.40. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (14.54m) at a land value of $9,200.00 per frontage meter. g M O� D CHIC0PEE I R A I L D N r — _ t I w+era TO BE SEVERED, TO BE RETAINED AREA • 6D5,23 5AREA-'248,$6SO,M, ('�.M, , .. , .. Proposed lot fabrics 441 Old If \- Chicopee Trail 1 rv. ,a O Bey f ex�+mr; y4Y �Yk y - E, 5�Ld Proposed New Lift 427 Old Chicopee Trail Proposed lot fabrics 441 Old If \- Chicopee Trail 1 rv. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: B2017-048 B2019-001 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.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT February 5, 2021 Re: Comments for Consent Applications B2021-006 to 62020- 008 Committee of Adjustment Hearing February 16, 2021 CITY OF KITCHENER B2021-006 427 Old Chicopee Trail Maria Kyveris and Greg McNally The owner/applicant is proposing a severance to facilitate a new single 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. Archaeological Assessment: Regional note that the subject property was excluded from the archaeological assessments completed for the surrounding developments. However, the majority of this parcel has been disturbed and will not require further archaeological assessment. The owner/applicant must be aware that a registered archaeological site did at one point extend onto the southwest corner of their property, although it appears to have been fully documented as part of the 1987 archaeological assessment for the surrounding development. Due to the proximity of registered archaeological resources the applicant should know that: If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3557334 Version: 1 cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, If human remains/or a grave site is discovered during development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Airport Zoning: The proposed project is located within the Approach surface of Runway 08 and is subject to the restriction outlined in the Airports Aeronautical Zoning Regulations. The subject lands are subject to proposed height restriction of 9.5 metres. At the appropriate time, prior to building permit issuance, the Airport would request more detailed plans on the construction of the home, specifically if cranes are proposed to build this site. This information would assist staff to assess & to ensure no impacts to the Airport Operations during construction. The owner/applicant must complete and submit the necessary Form(s) as required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development at 519.648.2256 ext. 8511 or Email: KCampbel I(cD-regionofwaterloo.ca 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. Document Number: 3557334 Version: 1 B2021-007 43 & 47 Sheldon Avenue Bethel Evangelical Lutheran Church The owner/applicant is proposing a severance to enable the sale and conveyance of the existing dwelling (former parsonage at 43 Sheldon Avenue) from the remaining church property. 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. Airport Zoning: The owner/applicant must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development at 519.648.2256 ext. 8511 or Email: KCampbell(cD-regionofwaterloo.ca 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. B2021-008 202 Fifth Avenue Jovica, Peter and Jelica Vojinovic The owner/applicant is proposing a severance to facilitate the construction of two duplexes. 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. Airport Zoning: The owner/applicant must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development at 519.648.2256 ext. 8511 or Email: KCampbell(cD-regionofwaterloo.ca Document Number: 3557334 Version: 1 Water Services: 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. 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. 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, MCIP, RPP Document Number: 3557334 Version: 1 Ca'�and Rey r 0 0 7 ��~yation P� February 2, 2021 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 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: February 16, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-005 50 Brookside Crescent 52 South Drive A 2021-006 B 2021-007 4 Gildner Street A 2021-007 202 Fifth Avenue 359 Highland Road West A 2021-009 268 Louisa Street Applications for Consent B 2020-047 50 Brookside Crescent B 2021-006 427 Old Chicopee Trail B 2021-007 43 & 47 Sheldon Avenue B 2021-008 202 Fifth Avenue 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 aherremanamrand 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: February 5, 2020 REPORT NO.: DSD -21-029 SUBJECT: Consent Applications B2021-007 43 & 47 Sheldon Avenue North Owner — Trustees of Bethel Lutheran Church, Ontario District of the Lutheran Church -Missouri Synod Applicant — Larry Masseo RECOMMENDATION: That severance application B2021-004 proposing to sever a lot that is 31.2 metres wide, 76.8 metres deep, with an area 2036 square metres, 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). 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 submit draft transfer documents to the satisfaction of the City Solicitor. 3. That the owner enters into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the severed lands. Said agreement shall include the following special conditions: I. Prior to Application for and Issuance of any Building Permits, the Owner agrees that the severed lands will be designated under Part IV of the Ontario Heritage Act in accordance with the heritage attributes listed in the approved Cultural Heritage Evaluation Report and Heritage Impact Assessment, prepared by CHC Limited, dated February 3, 2021. That the owner shall prepare a Tree Preservation Plan for the severed 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be preserved. III. The owner further agrees to implement the approved Tree Preservation Plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 4. That a qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: I. Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. REPORT HIGHLIGHTS: Severance application B2021-004 proposes to sever a new lot that is 31.2 metres wide, 76.8 metres deep, with an area 2036 square metres. The application indicates that "The purpose of the application is to enable the severance of 43 and 47 Sheldon Avenue so as to enable the sale and conveyance of the existing dwelling (former parsonage at 43 Sheldon Ave.) from the remaining church property. The dwelling is no longer necessary for the church and discussions have been initiated with the abutting owner of 36 [/ think they meant 35] Sheldon Avenue (oneROOF) with respect to the potential purchase. The intent is to convey the property at 43 Sheldon Avenue to either oneROOF or another potential purchaser for use under the existing zoning." -------T--------------------- PART G, BBR-1889 WAIER-00 NORTH FM 2257&-,PFJW CONDCVI%� JM PLAN Severance Sketch PART G, BBR-1889 WAIER-00 NORTH FM 2257&-,PFJW CONDCVI%� JM PLAN Severance Sketch Location Map BACKGROUND: The subject property is designated Institutional in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The subject lands are zoned as INS -2 Major Institutional in the Zoning By-law 2019-051. The City is undertaking a detailed review of the land use and planning framework for many specific Kitchener neighbourhoods, including the subject property, known as the Neighbourhood Planning Reviews project. This process involves creating new policies and mapping that will be added to our Official Plan, updating zoning, considering new urban design guidelines and implementing our cultural heritage landscapes. Through this, the City will be implementing the Planning Around Rapid Transit Stations (PARTS) Study, Kitchener's Cultural Heritage Landscape Study (CHLS), and the Residential Intensification in Established Neighbourhoods Study (RIENS). The property is proposed to be identified as a Community Area on the City's Urban Structure Map. As this change is not yet been approved, the current Major Transit Station Area Urban Structure classification applies. The land use designation and zoning are not proposed to change through this process. REPORT: Planning Comments: The primary use of lands designated as Institutional is for institutional uses that are of a community or regional nature, such as secondary and post -secondary educational facilities, long-term care facilities and social, cultural and administrative facilities. This land use designation also includes small-scale institutional uses compatible with surrounding uses such as public and private elementary schools, libraries, day care centres, and places of worship. The Institutional land use designation provides for a range of institutional uses that are primarily of a community or regional scale which may not be appropriate for some areas of the city due to traffic and other impacts and other small-scale institutional uses. The purpose of the INS -2 Major Institutional zone is to accommodate all types and intensities of institutional uses primarily intended to serve at city or regional scale. 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, Planning staff is of the opinion that the proposed new lot addition conforms to the City's Official Plan. The dimension and shape of the resulting lot is appropriate and suitable for continued use of the retained lands as a Place of Worship. The severed lands will have to be used in accordance with the INS -2 zoning. Each lot will continue to front onto an established public street (Sheldon Avenue North). 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. City Planning staff conducted a site inspection of the property on February 2, 2021. ®M it Existing Manse at 43 Sheldon Avenue North (severed lands) Building Comments: The Building Division has no objections to the proposed applications provided a qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot — a building permit will be required for this work. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: The property municipally addressed as 43 & 47 Sheldon Avenue North is neither listed nor designated under the Ontario Heritage Act, but rather has been identified as a property of interest. The submission and approval of a scoped Heritage Impact Assessment was made a requirement of the processing of the Committee of Adjustment application in order to ensure that the proposed severance had regard for and was consistent with Provincial, Regional and Municipal policies relating to the conservation of cultural heritage resources. Since the subject property is neither listed nor designated, but is of interest, a Cultural Heritage Evaluation Report (CHER) was prepared to evaluate whether the property meets the criteria for designation under Regulation 9/06 of the Ontario Heritage Act. A Heritage Impact Assessment (HIA) was prepared to assess any potential impacts of the severance on the cultural heritage resource. A draft scoped CHER & HIA prepared by CHC Limited dated January 7, 2021 was submitted and circulated for comment to the City's Heritage Kitchener committee on Tuesday February 2, 2021. Some members had questions about servicing and zoning on the property, but there were no concerns raised by members. A final scoped CHER & HIA prepared by CHC Limited dated February 3, 2021 was submitted in relation to Committee of Adjustment application B2021-007. The identified attributes of the property include the c. 1936 Tudor Revival style dwelling and the layout of the front yard landscaping, including the portion of the circular drive, the walkways and fountain, the hedges that define the property and the mature trees. The scoped CHER & HIA goes on to note that landscape considerations of 43 Sheldon Avenue North must include its neighbour 35 Sheldon Avenue North as the two properties were developed as one from a landscape perspective. The scoped CHER & HIA concludes that the property municipally addressed as 43 Sheldon Avenue North has design/physical, historic/associative, and contextual value, and meets the criteria for designation under Part IV of the Ontario Heritage Act. The CHER & HIA conclude that the severance line that is proposed would not result in negative impacts to cultural heritage value or interest of the property as the severed lot would continue to retain the heritage attributes of the property, which include the hedges that define the property, the circular driveway, and the front yard landscape. Heritage Planning staff agree with the conclusions of the CHER & HIA that the property municipally addressed as 43 Sheldon Avenue North has cultural heritage value or interest and merits designation under Part IV of the Ontario Heritage Act, and that the proposed severance will not result in negative impacts to the identified heritage attributes of the property. The final scoped CHER & HIA was approved by the Director of Planning on February 9, 2021. An appropriate tool to conserve the Tudor Revival dwelling and associated front yard landscaping includes designating the severed lands under Part IV of the Ontario Heritage Act. Based on the above comments, Heritage Planning staff have no concerns with the proposed consent, and recommend the following condition: That the owner enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the severed lands. Said agreement shall include the following special condition: Prior to Application for and Issuance of any Building Permits The SUBDIVIDER agrees that the severed lands will be designated under Part IV of the Ontario Heritage Act in accordance with the heritage attributes listed in the approved Cultural Heritage Evaluation Report and Heritage Impact Assessment, prepared by CHC Limited, dated February 3, 2021. Engineering Comments: Engineering has no comments. Operations Comments: The parkland dedication requirement for this submission is deferred and will be assessed at a future application. Environmental Planning Comments: The Owner should enter into the standard agreement to prepare a Tree Management Plan prior to any grading, servicing, tree removal, or the issuance of building permits for the severed lands. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: A draft scoped CHER & HIA prepared by CHC Limited dated January 7, 2021 was submitted and circulated for comment to the City's Heritage Kitchener committee on Tuesday February 2, 2021. The final scoped CHER & HIA was approved by the Director of Planning on February 9, 2021. 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.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT February 5, 2021 Re: Comments for Consent Applications B2021-006 to 62020- 008 Committee of Adjustment Hearing February 16, 2021 CITY OF KITCHENER B2021-006 427 Old Chicopee Trail Maria Kyveris and Greg McNally The owner/applicant is proposing a severance to facilitate a new single 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. Archaeological Assessment: Regional note that the subject property was excluded from the archaeological assessments completed for the surrounding developments. However, the majority of this parcel has been disturbed and will not require further archaeological assessment. The owner/applicant must be aware that a registered archaeological site did at one point extend onto the southwest corner of their property, although it appears to have been fully documented as part of the 1987 archaeological assessment for the surrounding development. Due to the proximity of registered archaeological resources the applicant should know that: If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3557334 Version: 1 cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, If human remains/or a grave site is discovered during development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Airport Zoning: The proposed project is located within the Approach surface of Runway 08 and is subject to the restriction outlined in the Airports Aeronautical Zoning Regulations. The subject lands are subject to proposed height restriction of 9.5 metres. At the appropriate time, prior to building permit issuance, the Airport would request more detailed plans on the construction of the home, specifically if cranes are proposed to build this site. This information would assist staff to assess & to ensure no impacts to the Airport Operations during construction. The owner/applicant must complete and submit the necessary Form(s) as required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development at 519.648.2256 ext. 8511 or Email: KCampbel I(cD-regionofwaterloo.ca 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. Document Number: 3557334 Version: 1 B2021-007 43 & 47 Sheldon Avenue Bethel Evangelical Lutheran Church The owner/applicant is proposing a severance to enable the sale and conveyance of the existing dwelling (former parsonage at 43 Sheldon Avenue) from the remaining church property. 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. Airport Zoning: The owner/applicant must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development at 519.648.2256 ext. 8511 or Email: KCampbell(cD-regionofwaterloo.ca 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. B2021-008 202 Fifth Avenue Jovica, Peter and Jelica Vojinovic The owner/applicant is proposing a severance to facilitate the construction of two duplexes. 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. Airport Zoning: The owner/applicant must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development at 519.648.2256 ext. 8511 or Email: KCampbell(cD-regionofwaterloo.ca Document Number: 3557334 Version: 1 Water Services: 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. 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. 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, MCIP, RPP Document Number: 3557334 Version: 1 Ca'�and Rey r 0 0 7 ��~yation P� February 2, 2021 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 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: February 16, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-005 50 Brookside Crescent 52 South Drive A 2021-006 B 2021-007 4 Gildner Street A 2021-007 202 Fifth Avenue 359 Highland Road West A 2021-009 268 Louisa Street Applications for Consent B 2020-047 50 Brookside Crescent B 2021-006 427 Old Chicopee Trail B 2021-007 43 & 47 Sheldon Avenue B 2021-008 202 Fifth Avenue 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 aherremanamrand 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Dumart, Craig, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: February 5, 2021 REPORT NO.: DSD -21-030 SUBJECT: Consent Application B2021-008 202 Fifth Avenue Owners: Predrag and Jelica Vojinovic, Jovica Miljevic Applicant: Predrag Vojinovic RECOMMENDATION: That application B2021-008 for consent to sever into two lots be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 2. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4922.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provide-, a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or Agn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That any new driveways 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 Division. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. system to the satisfaction of the Director of Engineering Services. 7. That the Owner submits a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the Owner shall prepare a Tree Management Plan for both the severed and retained lands in accordance with the City's Tree Management policy, to be approved by the City's Director of Planning and where necessary, implemented prior to creation of the lots. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 10. That the Owner obtains a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the two lots. 11. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The application is requesting to create a lot by severing an existing lot into two equal sized lots. Location Map: 202 Fifth Avenue REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property is proposed to be demolished and the applicant proposes to build 2 single detached dwellings on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighbo,.;rhood. The Owner is requesting permission to sever the subject lands into two lots. Both the severed and retained lots would have a lot width of 10.7 metres, a depth of 40.2 metres, and an area of 428 square metres. City Planning staff conducted a site inspection of the property on February 1, 2021. Existing single detached dwelling at 202 Fifth Avenue With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. CCMSEPTiUAL PROPOWD 401 I PRY�(S�"!TY ;3HI4L'NA.Y HOUSE C ..-e 12.. 1e - P,4C' Et B DST� E CCNCEPTuAL PR4POSED HOUSE � .. PROPMD Y aR+VI'4dYCIJ Proposed lot fabrics Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings. Heritage Comments: Heritage staff has no cultural heritage concerns with the proposed application. Environmental Planning Comments: The owner is required to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved prior to the creation of the lots. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Trevor Jacobs (trevor.jacobs@kitchener.ca). Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $4,922.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (10.7m) at a land value of $9,200 per frontage meter. An existing Street Tree is located in the boulevard of 202 Fifth Ave. Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter 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.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT February 5, 2021 Re: Comments for Consent Applications B2021-006 to 62020- 008 Committee of Adjustment Hearing February 16, 2021 CITY OF KITCHENER B2021-006 427 Old Chicopee Trail Maria Kyveris and Greg McNally The owner/applicant is proposing a severance to facilitate a new single 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. Archaeological Assessment: Regional note that the subject property was excluded from the archaeological assessments completed for the surrounding developments. However, the majority of this parcel has been disturbed and will not require further archaeological assessment. The owner/applicant must be aware that a registered archaeological site did at one point extend onto the southwest corner of their property, although it appears to have been fully documented as part of the 1987 archaeological assessment for the surrounding development. Due to the proximity of registered archaeological resources the applicant should know that: If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3557334 Version: 1 cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, If human remains/or a grave site is discovered during development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Airport Zoning: The proposed project is located within the Approach surface of Runway 08 and is subject to the restriction outlined in the Airports Aeronautical Zoning Regulations. The subject lands are subject to proposed height restriction of 9.5 metres. At the appropriate time, prior to building permit issuance, the Airport would request more detailed plans on the construction of the home, specifically if cranes are proposed to build this site. This information would assist staff to assess & to ensure no impacts to the Airport Operations during construction. The owner/applicant must complete and submit the necessary Form(s) as required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development at 519.648.2256 ext. 8511 or Email: KCampbel I(cD-regionofwaterloo.ca 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. Document Number: 3557334 Version: 1 B2021-007 43 & 47 Sheldon Avenue Bethel Evangelical Lutheran Church The owner/applicant is proposing a severance to enable the sale and conveyance of the existing dwelling (former parsonage at 43 Sheldon Avenue) from the remaining church property. 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. Airport Zoning: The owner/applicant must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development at 519.648.2256 ext. 8511 or Email: KCampbell(cD-regionofwaterloo.ca 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. B2021-008 202 Fifth Avenue Jovica, Peter and Jelica Vojinovic The owner/applicant is proposing a severance to facilitate the construction of two duplexes. 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. Airport Zoning: The owner/applicant must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development at 519.648.2256 ext. 8511 or Email: KCampbell(cD-regionofwaterloo.ca Document Number: 3557334 Version: 1 Water Services: 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. 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. 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, MCIP, RPP Document Number: 3557334 Version: 1 Ca'�and Rey r 0 0 7 ��~yation P� February 2, 2021 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 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: February 16, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-005 50 Brookside Crescent 52 South Drive A 2021-006 B 2021-007 4 Gildner Street A 2021-007 202 Fifth Avenue 359 Highland Road West A 2021-009 268 Louisa Street Applications for Consent B 2020-047 50 Brookside Crescent B 2021-006 427 Old Chicopee Trail B 2021-007 43 & 47 Sheldon Avenue B 2021-008 202 Fifth Avenue 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 aherremanamrand 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