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HomeMy WebLinkAboutCA - 2021-01-19COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 CITY OF KITCHENER The Committee of Adjustment held an electronic meeting this date, commencing at 10:00 a.m. Present: D. Cybalski - Chair B. McColl J. Meader S. Hannah Officials: J. von Westerholt, Senior Planner S. Ryder, Traffic Planning Analyst D. Saunderson, Secretary -Treasurer H. Dyson, Administrative Clerk MINUTES Moved by J. Meader Seconded by M. Kidd That the regular minutes of the Committee of Adjustment meeting held December 8, 2020, as circulated to the members, be accepted. Carried NEW BUSINESS: MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2020-100 Applicants: Jennifer and Daniel Givlin Property Location: 9-11 Samuel Street Legal Description: Part Lots 2 & 3, Plan 424 Appearances: In Support: L. Miller Cressman L. Stokman Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to convert the existing mixed-use building into a residential/Yoga Studio to allow Personal Services (Queen Street Yoga Studio) in a mixed commercial -residential building having a home business with a Gross Floor Area (GFA) of 170 sq.m. rather than the maximum permitted 50 sq.m.; having a maximum 12 off-site people (clients and/or off-site employee/business owner) to the property at one time, rather than the permitted maximum 1 employee and 3 clients; having 4 off-street parking spaces for the home business arranged in tandem in each of the two driveways, rather than the required 3 off-street parking spaces accessible independently; and, to legalize two driveways for the detached dwelling rather than the maximum 1 driveway. The Committee considered Development Services Department report DSD -21-010 dated January 13, 2021 recommending approval of this application as amended, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 22, 2020 advising they have no concerns with this amended application. L. Miller Cressman and L. Stokman were in attendance in support of the subject application. In response to questions, L. Miller Cressman advised she was in support of the staff recommendation, including the proposed amendment. L. Miller Cressman confirmed it is the intention for the subject property to be a home-based business where the owner resides on-site, noting staff indicated the recommendation would allow an owner -instructed yoga class having a maximum of 11 participants on the premises. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19. 2021 - 2 - CITY OF KITCHENER i��1•T51 M0156 i 012831401818114 Me, 11541 B. McColl proposed an additional condition to the Committee's decision this date stating that the approval also requires the property owner to live on the premises. Questions were raised regarding the possible precedence an approval of this nature may set. J. von Westerholt stated staff have no concerns with the proposed yoga studio, noting its proximity to Frederick Street with similar uses approximately one block away. J. von Westerholt further advised the applicant has indicated the majority of the participants attending the classes will be arriving on foot, as the only parking provided is what is located on the property. Additionally, J. von Westerholt advised staff are of the opinion that the proposed yoga studio is compatible with the Residential Zone. In response to further questions, J. von Westerholt stated the property was not subject to Site Plan approval. J. Meader questioned whether bicycle parking could be accommodated on-site. L. Miller Cressman stated they currently own a bike rack that will be placed in the driveway in the summer to accommodate bicycles for participants attending the studio. S. Hannah stated he was in agreement with the staff recommendation, including an amendment to Condition 2 related to the building permit, to indicate that a building permit be "applied for" rather than "obtained". S. Hannah further advised in his opinion he did not believe an additional condition was necessary to require the owner to reside on-site as the application is a request to permit a home-based business. Moved by S. Hannah Seconded by B. McColl That the application of and JENNIFER and DANIEL GIVLIN requesting permission to convert a former semi-detached dwelling as a single detached dwelling that did not exist in 1994, the date CR -1 was applied to the property, and further to permit the single detached dwelling to have an accessory home business (personal service/yoga studio) with a gross floor area (GFA) of 170 sq.m. rather than the maximum permitted 50 sq.m.; a maximum of 12 off-site people (clients and/or off-site employee/business owner) to the property at one time, rather than the permitted maximum of one off-site employee and three clients; having 4 off-street parking spaces for the home business arranged in tandem in each of the two driveways, rather than the required 3 off- street parking spaces accessible independently; and, to legalize two driveways for the single detached dwelling rather than the maximum of one driveway, on Part Lots 2 & 3, Plan 424, 9-11 Samuel Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. 2. The owners shall obtain a Zoning (Occupancy) Certificate from the Planning Division. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 - 3 - CITY OF KITCHENER Applicant: LVH Developments 2. Submission No.: A 2021-001 Applicants: Carlo and Avril Sun Property Location: 630 Blair Creek Drive Legal Description: Lot 9, Registered Plan 58M-558 Appearances: In Support: In Support: S. Ahmed Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 6.4m rather than the required 7.5m. The Committee considered Development Services Department report DSD -21-011 dated January 8, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 22, 2020 advising they have no concerns with this application. S. Ahmed was in attendance in support of the subject application and staff recommendation. In response to questions, S. Ahmed stated the proposed 1 -storey sunroom was being constructed on top of the existing rear yard deck. J. Meader suggested, and it was agreed, that the Committee's decision this date specify that the approval was for a 1 -storey sunroom. Moved by B. McColl Seconded by J. Meader That the application of CARLO and AVRIL SUN requesting permission to construct a 1 -storey sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 6.4m rather than the required 7.5m, on Lot 9, Registered Plan 58M-558, 630 Blair Creek Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 3. Submission No.: A 2021-002 Applicant: LVH Developments Property Location: 10 South Creek Drive Legal Description: Part Lot 5, Waterloo Biehns Tract, being Parts 1 & 2 on Reference Plan 58R-14852 Appearances: In Support: E. Elliott COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 - 4 - CITY OF KITCHENER 3. Submission No.: A 2021-002 (Cont'd) Written Submissions: None The Committee was advised the applicant is requesting permission to construct a multi -residential stacked townhouse development having a parking rate of 1.15 off-street parking spaces/per-unit rather than the required 1.75 off-street/parking spaces per-unit. The Committee considered Development Services Department report DSD -21-012 dated January 8, 2021 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 22, 2020 advising they have no concerns with this application. The Committee was in receipt of comments from Hydro One Networks Inc., dated January 8, 2021 stating the subject property is abutting and/or encroaching onto a HONI high voltage transmission corridor. The Chair noted the comments from Hydro One Networks Inc. and requested their condition be included in the Committee's decision this date. E. Elliott was in attendance in support of the subject application and staff recommendation. X. Wu was in attendance in opposition to the subject application, noting concerns with decreased property values; the proximity to the roundabout; concerns related to on -street parking; and, the increased density. X. Wu stated they purchased their property approximately 10 -years ago with the understanding that the subject property would remain vacant. S. Hannah indicated the subject application is a request specifically for a parking reduction, noting the development is permitted regardless of whether the Committee approves the subject application. X. Wu stated they were still in opposition to a development of this density. S. Ryder stated the requested variance is only to address Zoning By-law 85-1, noting the proposed parking would be compliant with the new Zoning By-law 2019-051. S. Ryder further advised the entrance to the development will be closer to Elm Bank Trail and will not likely have any adverse impacts from the roundabout. Additionally, the majority of the parking will be at the rear of the development and will not be visible from the street. S. Hannah noted the comments regarding an additional condition from Hydro One Networks Inc., stating in his opinion he did not believe it was necessary. E. Elliot stated she was in agreement with S. Hannah's comments, noting any conditions related to Hydro will be addressed through Site Plan Approval, adding there are also conditions in the draft plan of subdivision that address their comments. The Chair acknowledged the comments from S. Hannah and agreed the suggested Hydro One Networks Inc. comments not be included in the Committee's decision this date. J. von Westerholt stated for additional context, from the time the subdivision was approved, the subject property was always intended for development, noting the Zoning would also permit a commercial type use. Moved by S. Hannah Seconded by J. Meader That the application of LVH DEVELOPMENTS requesting permission to construct a multi - residential stacked townhouse development having a parking rate of 1.15 off-street parking spaces/per-unit rather than the required 1.75 off-street/parking spaces per-unit, on Part Lot 5, Waterloo Biehns Tract, being Parts 1 & 2 on Reference Plan 58R-14852, 10 South Creek Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 - 5 - CITY OF KITCHENER 3. Submission No.: A 2021-002 (Cont'd) 1. That the owner shall ensure Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That Condition 1 as noted above shall be completed by May 1, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 4. Submission No.: A 2021-003 Applicant: 536357 Ontario Limited Property Location: 45 Duke Street West Legal Description: Part Lot 7, Between Young Street & Ontario Street, Plan 401, being Parts 9 & 10 on Reference Plan 58R-1391 Appearances: In Support: D. Aston Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 21 -storey multi - residential development containing 127 -units having 12 off-street parking spaces rather than the required 71 off-street parking spaces; to permit 20% of the ground floor fapade openings rather than the required 50% of the ground floor fapade openings; and, to permit a Floor Space Ratio (FSR) of 10.35 rather than the maximum permitted FSR of 10.0. The Committee considered Development Services Department report DSD -21-013 dated January 11, 2021 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 22, 2020 advising they have no concerns with this application. D. Aston was in attendance in support of the subject application and staff recommendation. In response to questions, J. von Westerholt stated the current Parkland Dedication By-law does provide for an exemption to the Downtown Core. S. Hannah indicated support for the subject application, stating the property has Site Plan Approval in Principle, noting the new Zoning By-law would require 0 off-street parking spaces, commenting through the proposal some spaces are currently being provided. Moved by S. Hannah Seconded by J. Meader COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 - 6 - CITY OF KITCHENER 4. Submission No.: A 2021-003 (Cont'd) That the application of 536357 ONTARIO LIMITED requesting permission to construct a 21 - storey multi -residential development containing 127 -units having 12 off-street parking spaces rather than the required 71 off-street parking spaces (after applying proposed Transportation Demand Management [TDM] measures); to permit 20% of the ground floor fapade openings rather than the required 50% of the ground floor fapade openings; and, to permit a Floor Space Ratio (FSR) of 10.35 rather than the maximum permitted FSR of 10.0, on Part Lot 7, Between Young Street & Ontario Street, Plan 401, being Parts 9 & 10 on Reference Plan 58R-1391, 45 Duke Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall enter into an agreement with the City of Kitchener to be registered on title that acknowledges that parking will be rented/provided separately from the dwelling units, to the satisfaction of the City Solicitor. 2. That the owner shall ensure bicycle parking is provided on-site for a total of 44 'Type A' secured spaces. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 5. Submission No.: A 2021-004 Applicant: WM. Fulton Holdings Ltd. Property Location: 109 Ottawa Street South Legal Description: Part Lot 487, Plan 262, Part Lot 10, Streets & Lanes, being Part 2 on Reference Plan 58R-6558 Appearances: In Support: Z. Ahmed L. Tobin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to add a "Private Club or Lodge" use to an existing multi -tenant warehouse/studio Zoned E1, whereas the By-law does not permit Private Club or Lodge use in a E1 Zone; and, to permit 13 off-street parking spaces rather than the required 26 off-street parking spaces. The Committee considered Development Services Department report DSD -22-014 dated January 13, 2021 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 22, 2020 advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated December 22, 2020 advising although they have no objection to application A 2021-004, they noted COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 - 7 - CITY OF KITCHENER 5. Submission No.: A 2021-004 (Cont'd) the subject lands contain the Schneider Creek floodplain. They further advised due to the presence of the floodplain, any future development proposed within GRCA regulated areas will require prior issuance of a GRCA permit pursuant to Ontario Regulation 150/06. The Chair noted the comments from the GRCA and requested a condition be included in the Committee's decision this date to make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for their application plan review. Z. Ahmed and L. Tobin were in attendance in support of the subject application and staff recommendation. L. Tobin advised the current Zoning does permit educational uses. He stated similar to KW Habilitation, the majority of the classes they would be hosting would be in the evening or weekend, opposite to the currently tenants of the building. L. Tobin further advised the majority of the participants would arrive by public transportation with only a few participants relying on personal vehicles. In response to questions, J. von Westerholt stated "Private Club or Lodge" was the best fit within the E1 Zone for the applicant's request. J. Meader indicated support of the subject application, as in her opinion a Private Lodge includes educational uses. Mr. McColl requested, and it was agreed, that Condition 2 of staff's recommendation be amended to state the building permit must be applied for, not obtained. Moved by B. McColl Seconded by J. Meader That the application of WM. FULTON HOLDINGS LTD. requesting permission to add a "Private Club or Lodge" use to an existing multi -tenant warehouse/studio Zoned E1, whereas the By-law does not permit Private Club or Lodge use in a E1 Zone; and, to permit 13 off-street parking spaces rather than the required 26 off-street parking spaces, on Part Lot 487, Plan 262, Part Lot 10, Streets & Lanes, being Part 2 on Reference Plan 58R-6558, 109 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure an amendment to the Site Plan is approved by the Planning Division. 2. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. 3. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division. 4. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for their application plan review fee. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 - 8 - CITY OF KITCHENER CONSENT APPLICATIONS Submission No.: B 2021-001 Applicant: 2611601 Ontario Inc. Property Location: 57 Barbara Crescent Legal Description: Lot 17, Registered Plan 702 Appearances: In Support: J. Hale Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to ever a parcel of land having a width of 9.449m, a depth of 36.523m and an area of 345 sq.m. The retained land will have a width of 9.449m, a depth of 36.523m and an area of 345 sq.m. The existing dwelling will be demolished and new dwellings are intended to be constructed. The Committee considered Development Services Department report DSD -21-015 dated January 8, 2021, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated January 6, 2021, advising they have no objection to this application subject to the following conditions: That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2. That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." J. Hale was in attendance in support of the subject application and staff recommendation. Moved by S. Hannah Seconded by B. McColl That the application of 2611601 ONTARIO INC. requesting permission to sever a parcel of land having a width of 9.449m, a depth of 36.523m and an area of 345 sq.m., on Lot 17, Registered Plan 702, 57 Barbara Crescent, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 - 9 - CITY OF KITCHENER 1. Submission No.: B 2021-001 (Cont'd) 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall ensure the single detached dwelling existing as of January 6, 2021 be demolished to the satisfaction of the City's Planning Division. 4. That the owner shall 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 Director of Engineering Services, and this is to be registered on title of the retained lands. Said agreement shall include the following special conditions: a. That the owner shall agree that no building permits shall be applied for the severed or retained lands until satisfactory arrangements are made with the City's Chief Building Official to install and maintain a direct -to -fire alarm monitoring system and fire sprinkler system for each dwelling to be constructed. b. Satisfactory arrangements shall include the submission of drawings showing the hardwiring in each dwelling. C. No occupancy of each dwelling on the subject lands shall be permitted until the City's Chief Building Official has confirmed that such system is operational. d. Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the City Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 5. 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 where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b. The owner shall further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 6. That the owner shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $4,346.54 which is required on the severed parcel as a new developable lot will be created by the severance. 7. That the owner shall make satisfactory arrangements with the Director of Engineering Services for payment towards future sidewalk installation along the frontage for the severed portion. 8. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 _10- CITY OF KITCHENER 1. Submission No.: B 2021-001 (Cont'd) 9. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 10. That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 11. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 12. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Services prior to severance approval. 13. That the owner shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 14. That the owner the owner shall submit the consent application review fee of $350.00 per new lot created to the Region of Waterloo. 15. That the owner shall enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air conditioning. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: i. Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." It is the opinion of this Committee that 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 - 11 - CITY OF KITCHENER 1. Submission No.: B 2021-001 (Cont'd) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 19, 2023. Carried 2. Submission No.: B 2021-002 Applicant: 2155389 Ontario Inc. Property Location: 274 Shirley Avenue Legal Description: Part 4 on Reference Plan 58R-11313 to facilitate the lot addition, on Part Lot 122, German Company Tract, being Part 1 on Reference Plan 58R-6406 and Parts 3 & 4 on Reference Plan 58R-11313 Appearances: In Support: J. Fitzpatrick Bruce and Bryan Stotesbury Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a triangle -shaped portion of land at the rear of the subject property having a width of 6.56m, a depth of 13.877m and an area of 44.1 sq.m. to be conveyed as a lot addition to the property municipality addressed as 300 Shirley Avenue; and, to partially discharge the mortgage on Part 4 on Reference Plan 58R- 11313 to facilitate the lot addition. The Committee considered Development Services Department report DSD -21-016 dated January 11, 2021, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated January 6, 2021, advising they have no objection to this application. J. Fitzpatrick, Bruce Stotesbury and Bryan Stotesbury were in attendance in support of the subject application and staff recommendation. In response to questions, J. von Westerholt advised the two unnumbered paragraphs outlined in the staff recommendation were intended to be conditions, stating it appeared the numbering was omitted. Mr. B. McColl requested, and it was agreed, that the 5 conditions as outlined in Report DSD -21- 016 be included in the Committee's approval this date. Moved by B. McColl Seconded by J. Meader COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 -12- CITY OF KITCHENER 2. Submission No.: B 2021-002 (Cont'd) That the application of 2155389 ONTARIO INC. requesting permission to sever a triangle - shaped portion of land at the rear of the subject property having a width of 6.56m, a depth of 13.877m and an area of 44.1 sq. m. to be conveyed as a lot addition to the property municipality addressed as 300 Shirley Avenue; and, to partially discharge the mortgage and assignment of rents on Part 4 on Reference Plan 58R-11313 to facilitate the lot addition, on Part Lot 122, German Company Tract, being Part 1 on Reference Plan 58R-6406 and Parts 3 & 4 on Reference Plan 58R-11313, 274 Shirley Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall submit draft transfer documents to the satisfaction of the City Solicitor. 4. That the mortgage (registered as Instrument No. WR1306862, dated December 21, 2020), in favour of The Toronto -Dominion Bank, for lands legally described Part 4, 58R- 11313, be discharged. 5. That the assignment of rents (registered as Instrument No. WR1306867, dated December 21, 2020), in favour of The Toronto -Dominion Bank, for lands legally described Part 4, 58R-11313, be discharged. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 19, 2023. Carried 3. Submission No.: B 2021-003 Applicant: Sam Antonyos and Will Yohana Property Location: 124 Florence Avenue Legal Description: Lot 80 and Part Lots 79 & 81, Registered Plan 308 Appearances: COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 -13- CITY OF KITCHENER 3. Submission No.: B 2021-003 (Cont'd) In Support: W. Yohana M. Streutker Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 9.91 m, a depth of 36.58m and an area of 362 sq. m. The retained land will have a width of 9.91 m, a depth of 36.58m and an area of 362 sq.m. The existing dwelling will be demolished and new duplex dwellings are intended to be constructed. The Committee considered Development Services Department report DSD -21-017 dated January 8, 2021, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated January 6, 2021, advising they have no objection to this application subject to the following condition: That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. W. Yohana and M. Streutker were in attendance in support of the subject application and staff recommendation. In response to questions, J. von Westerholt advised the proposed lots do comply with the regulations for the R4 Zone. Moved by B. McColl Seconded by J. Meader That the application of SAM ANTONYOS and WILL YOHANA requesting permission to sever a parcel of land having a width of 9.91 m, a depth of 36.58m and an area of 362 sq. m., on Lot 80 and Part Lots 79 & 81, Registered Plan 308, 124 Florence Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4558.60. 4. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 5. That the owners shall ensure any new driveways are to be built to City of Kitchener standards at the owners expense prior to occupancy of the building to the satisfaction of the City's Engineering Services. 6. That the owners shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES JANUARY 19, 2021 -14- CITY OF KITCHENER 3. Submission No.: B 2021-003 (Cont'd) 7. That the owners shall submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the owners shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owners would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owners shall prepare a Tree Management Plan for both the severed and retained lands in accordance with the City's Tree Management policy, to be approved by the City's Director of Planning and where necessary, implemented prior to demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 10. That the owners shall obtain Demolition Control approval in accordance with the City's Demolition Control By-law to the satisfaction of the Director of Planning 11. That the owners shall obtain a demolition permit to the satisfaction of the Chief Building Official. 12. That the owners shall submit the consent application review fee of $350.00 per new lot created to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being January 19, 2023. Carried ADJOURNMENT On motion, the meeting adjourned at 10:28 a.m. Dated at the City of Kitchener this 19th day of January, 2021. Dianna Saunderson Secretary -Treasurer Committee of Adjustment