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HomeMy WebLinkAboutCA - 2021-02-16COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 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 S. Hannah M. Kidd Officials: J. von Westerholt, Senior Planner S. Ryder, Traffic Planning Analyst G. Stevenson, Senior Planner R. Kelly-Ruetz, Planner D. Saunderson, Secretary -Treasurer H. Dyson, Administrative Clerk M. Colley, Planner, Region of Waterloo MINUTES Moved by S. Hannah Seconded by M. Kidd That the regular minutes of the Committee of Adjustment meeting held January 19, 2021, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS: Submission No.: B 2020-047 Applicant: Michael Krause Property Location: 50 Brookside Crescent Legal Description: Part Block O & Park Block 87, Plan 1334, being Parts 1 & 3 on Reference Plan 58R-20390 Appearances: In Support: M. Krause O. Scott Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land on the westerly edge of the property (future municipal address 52-54 Brookside Crescent), having an approximate width of 16.2m, a depth of 33.5m and an area of 542.7 sq.m. The retained land will be irregular in shape having an approximate width of 35m, a depth of 43.5m and an area of 1523 sq. m. The severed lot is intended for a semi-detached dwelling. The Committee considered Development Services Department report DSD -21-033 dated February 5, 2021, recommending deferral of this application to allow the applicant time to meet with neighbouring property owners with regards to an existing garage structure. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated November 26, 2020, advising they have no objection to this application subject to the following condition: That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -16- CITY OF KITCHENER Submission No.: B 2020-047 (Cont'd The Chair acknowledged a written submission was received from neighbouring property owners in opposition to the subject application. M. Kruse and O. Scott were in attendance in support of the subject application and staff recommendation. Moved by B. McColl Seconded by M. Kidd That the application of MICHAEL KRAUSE requesting permission to sever a parcel of land on the westerly edge of the property (future municipal address 52-54 Brookside Crescent), having an approximate width of 16.2m, a depth of 33.5m and an area of 542.7 sq. m. BE DEFERRED to the March 16, 2021 Committee of Adjustment meeting to allow additional time for the applicant attend the Heritage Kitchener Advisory Committee meeting in regards to the subject application, on Part Block O & Park Block 87, Plan 1334, being Parts 1 to 3 on Reference Plan 58R-20390, 50 Brookside Crescent, Kitchener, Ontario. Carried NEW BUSINESS: MINOR VARIANCE APPLICATIONS: Submission No.: A 2021-005 Applicant: Nelson Roulston Property Location: 52 South Drive Legal Description: Part Lots 302 to 304, Registered Plan 230, being Part 1 on Reference Plan 58R-20302 Appearances: In Support: G. Singh Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -21-022 dated February 9, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 26, 2021 advising they have no concerns with this amended application. G. Singh was in attendance in support of the subject application and staff recommendation. Moved by B. McColl Seconded by S. Hannah That the application of NELSON ROULSTON and SARA FAY SULLEY requesting 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, on Part Lots 302 to 304, Registered Plan 230, being Part 1 on Reference Plan 58R-20302, 52 South Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -17- CITY OF KITCHENER 1. Submission No.: A 2021-005 (Cont'd) 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 2. Submission No.: A 2021-006 Applicant: Amy Esplen Property Location: 4 Gildner Street Legal Description: Part Lots 32, 39 & 40, Plan 217 Appearances: In Support: R. Peister Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -21-023 dated February 9, 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 January 26, 2021 advising they have no concerns with this amended application. R. Peister was in attendance in support of the subject application and staff recommendation, noting no customers would be attending the subject property as the proposed bakery is intended to be subscription -based and food would be delivered. The Chair questioned whether a condition should be included in the Committee's decision this date clarifying that no customers would be attending the subject property, noting the restriction would then also apply if the property was sold. S. Hannah stated he would be in support of the suggested amendment to restrict the business from receiving customers on-site. S. Hannah questioned whether health approvals would also be required for the proposed business. J. von Westerholt advised the applicant would be required to receive Public Health approvals through the business licensing process, stating in her opinion including a condition in the Committee's decision this date may be redundant. J. von Westerholt further advised it was likely the applicant has already begun the business licensing process, which triggered the requirement to receive the necessary zoning approval. In response to questions, R. Peister advised there were no concerns with including in the Committees decision that customers were not permitted to attend the site. R. Peister stated the proposed bakery is subscription -based where customers subscribe and the food is then delivered. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -18- CITY OF KITCHENER 2. Submission No.: A 2021-006 (Cont'd) S. Hannah brought forward a motion to approve the application subject to a condition stating that customers would not be allowed to attend the subject property. J. von Westerholt suggested and it was agreed, that rather than including a condition in the Committee's decision this date, the wording of the decision be amended to clarify that customers were not permitted to attend the subject property, advising there is no mechanism in place to clear a condition of that nature. Moved by S. Hannah Seconded by B. McColl That the application of AMY ESPLEN requesting permission to allow a home business for food preparation (bakery) that is prohibited from having customers attend the property to be located in an existing single detached dwelling, whereas the By-law does not permit food preparation as a home business, on Part Lots 32, 39 & 40, Plan 217, 4 Gildner Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division. 2. That the owner shall complete the above noted Condition 1 prior to 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 condition will result in this approval becoming null and void. It is the opinion of this Committee that: The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Carried 3. Submission No.: A 2021-007 Applicants: John Dantzer and Natalia Podolean Property Location: 359 Highland Road West Legal Description: Part Lot 1, Plan 882 Appearances: In Support: J. Dantzer R. Masri Contra: None Written Submissions: R. Masri C. Coakley The Committee was advised the applicants are requesting permission to construct a 5 storey, 31 - unit multi -residential development having a ground floor street line fapade width to be 28.6% whereas the By-law requires a minimum fapade 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 COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 _19- CITY OF KITCHENER 3. Submission No.: A 2021-007 (Cont'd) 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. The Committee considered Development Services Department report DSD -21-024 dated February 2, 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 January 26, 2021 advising they have no concerns with this amended application. The Committee considered a written submission from the neighbouring property owner in opposition to the subject application. J. Dantzer, R. Masri and L -P. Belec were in attendance in support of the subject application and staff recommendation. B. McColl noted he was in support of the subject application and staff recommendation, advising he had reviewed the written submissions from the applicant and the neighbouring property owner. In response to questions, R. Kelly-Ruetz advised the staff recommendation, specifically Condition 2, related to the Site Plan application approval which requires the applicant to complete the proposed Transportation Demand Management (TDM) measures including the installation of the proposed bicycle parking spaces. In response to questions, R. Masri advised the proposed development includes residential units approximately 600 sq.ft. in size within a well-established public transit area. R. Masri stated the units will be advertised to individuals who prefer active transportation or work in the downtown and likely do not own vehicles. Moved by B. McColl Seconded by M. Kidd That the application of JOHN DANTZER and NATALIA PODOLEAN requesting permission to construct a 5 storey, 31 -unit multi -residential development having a ground floor street line fapade width to be 28.6% whereas the By-law requires a minimum fapade 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, on Part Lot 1, Plan 882, 359 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall enter into an agreement with the City of Kitchener to be registered on title acknowledging that parking will be rented separately from the dwelling units. 2. That the owners shall ensure that this approval shall only apply to the development proposed through Site Plan Application SP20/063/H/RK. 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. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16. 2021 -20- CITY OF KITCHENER e�*Vl • _I177 Me, Ll156�012iY�iaiI8yffrdTiiiC 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 2021-008 Applicants: Lucas and Thomas Rowe Property Location: 29 Hurst Avenue Legal Description: Lot 40, Registered Plan 239, Part Closed Street and Lanes Appearances: In Support: L. Rowe Contra: A. King B. Betz Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD -21-025 dated February 5, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 26, 2021 advising they have no concerns with this amended application. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated January 26, 2021 advising although they have no objection to this application, they noted Hurst Avenue is affected by the flooding hazard, and it provides the primary access to and from the property. The GRCA noted they wished 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. L. Rowe was in attendance in support of the subject application and staff recommendation. In response to questions, L. Rowe noted the proposed deck would mimic the rear lot line and is slightly larger than 10 ft. to allow a functional space after the installation of a railing, which would reduce the size by 6 in. A. King and B. Betz were in attendance in opposition to the subject application, noting privacy concerns that the proposed addition would have to the amenity space on their properties. A. King stated in his opinion, the subject application failed 3 of the 4 tests for determining if a variance is minor, adding further concerns were with regards to drainage and potential pooling. J. von Westerholt acknowledged the neighbour's concerns, noting the By-law permits duplexing. She noted similar decks have been constructed on other properties in the area. The Chair noted the comments from the GRCA and requested a condition be included in the Committee's decision this date requiring the applicant to make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for their application plan review fee. M. Kidd noted the neighbour's concerns related to drainage appear to be addressed in the drawings included with the subject application. The following motion was voted on with D. Cybalski, M. Kidd and B. McColl voting in favour; and, S. Hannah voting in opposition. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -21- CITY OF KITCHENER 4. Submission No.: A 2021-008 (Cont'd) Moved by M. Kidd Seconded by B. McColl That the application of LUCAS and THOMAS ROWE requesting 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, on Lot 40, Registered Plan 239, Part Closed Street and Lanes, 29 Hurst Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owners shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the application plan review fee. 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 2021-009 Applicants: Kiirstin and Eric Maki Property Location: 268 Louisa Street Legal Description: Part Lots 53 & 54, Plan 34 Appearances: In Support: E. Maki Contra: None Written Submissions: None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD -21-026 dated February 8, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 26, 2021 advising they have no concerns with this amended application. E. Maki was in attendance in support of the subject application and staff recommendation. Moved by B. McColl Seconded by S. Hannah COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -22- CITY OF KITCHENER 5. Submission No.: A 2021-009 (Cont'd) That the application of KIIRSTIN and ERIC MAKI requesting 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, on Part Lots 53 & 54, Plan 34, 268 Louisa Street, Kitchener, Ontario, BE APPROVED. 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 CONSENT APPLICATIONS Submission No.: B 2021-004 & B 2021-005 Applicant: Innovation Developments Kitchener Limited Property Location: 150, 154 & 162 Victoria Street South & 92, 102, 106 & 110 Park Street Legal Description: Lots 1-6, 9 & Part Lot 11, Registered Plan 143 and Part Lots 1-3, Registered Plan 423 Appearances: In Support: K. Muir S. Zimmerman S. Ruse Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to ever a parcel of land having a width of 12.571m, 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. The Committee considered Development Services Department report DSD -21-027 dated February 5, 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 February 9, 2021, advising they have no objection to these applications to application B 2021-005. They further advised they have no objection to application B 2021-004 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. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -23- CITY OF KITCHENER 1. Submission Nos.: B 2021-004 & B 2021-005 (Cont'd) The Committee considered the report of the Grand River Conservation Authority (GRCA) dated January 26, 2021 advising although they have no objection to these applications, they noted 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 Committee considered a written submission from Bell Canada, dated February 2, 2021 requesting an easement be applied to the subject property, with any associated costs being charged to the property owner. The Chair noted the condition requested by Bell Canada and questioned whether a condition related to their comments should be included in the Committee's decision this date. K. Muir, S. Zimmerman and S. Ruse were in attendance in support of the subject applications and staff recommendations. In response to questions, K. Muir provided an overview of the subject applications, noting 138 Victoria Street South is receiving the proposed lot addition, but is not currently proposed for redevelopment at this time. Questions were raised regarding the comments from the Region of Waterloo, specifically related to the Record of Site Condition. M. Colley, Region of Waterloo, was in attendance noting the parcel of land was identified within the Region of Waterloo Threats Inventory Database, advising staff have confirmed that the City's Zoning By-law includes a Special Provision that would require the property owner to complete the Record of Site Condition later during the development process, so the Region is withdrawing the requirement at this time. B. McColl requested clarification from staff regarding the comments provided from Bell Canada, and whether a condition should be included in the Committee's decision this date, noting in the past the Committee has not imposed their requests. J. von Westerholt stated Bell Canada is no different than any other private property owner and the Committee does not have the requirement to impose their conditions, noting in the past their requests have not been included in the Committee's decisions. G. Stevenson stated the lands outlined in the subject application are part of a greater redevelopment plan for the property, noting Bell equipment is currently located on the parcel, adding it would likely be considered further in the development phase. It was suggested and agreed, that the request of the Region of Waterloo related to the Record of Site Condition and the request of Bell Canada not be imposed as part of the Committee's decision this date. Submission No.: B 2021-004 Moved by S. Hannah Seconded by B. McColl That the application of INNOVATION DEVELOPMENTS KITCHENER LIMITED requesting permission to sever a parcel of land having a width of 12.571m, 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, on Lots 1-6, 9 & Part Lot 11, Registered Plan 143 and Part Lots 1-3, Registered Plan 423, 150, 154, 162 Victoria Street South and 92, 100, 102, 106, 110 Park Street, 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 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. 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. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -24- CITY OF KITCHENER Submission Nos.: B 2021-004 & B 2021-005 (Cont'd) 4. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA), for the minor consent application review fee. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being February 16, 2023. Carried Submission No.: B 2021-005 Moved by S. Hannah Seconded by B. McColl That the application of INNOVATION DEVELOPMENTS KITCHENER LIMITED requesting permission 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, on Lots 1-6, 9 & Part Lot 11, Registered Plan 143 and Part Lots 1-3, Registered Plan 423, 138, 150, 154, 162 Victoria Street South and 92, 100, 102, 106, 110 Park Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes 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. 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 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. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -25- CITY OF KITCHENER 1. Submission Nos.: B 2021-004 & B 2021-005 (Cont'd) 4. That the owner shall ensure a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) is created, and to immediately thereafter provide copies to the City Solicitor. It is the opinion of this Committee that: 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 February 16, 2023. Carried 2. Submission No.: B 2021-006 Applicants: Maria Kyveris and Greg McNally Property Location: 427 Old Chicopee Trail Legal Description: Part Lots 54 & 118, German Company Tract Appearances: In Support: M. Kyveris Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -21-028 dated February 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 February 5, 2021, advising they have no objection to this application subject to the following condition: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. M. Kyveris was in attendance in support of the subject application and staff recommendation. S. Hannah suggested and it was agreed, that Condition 13 of staff's recommendation be amended to include additional language to ensure any building permit required would address any remedial work necessary to the satisfaction of the Chief Building Official. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -26- CITY OF KITCHENER 2. Submission No.: B 2021-006 (Cont'd) J. von Westerholt further advised staff are proposing an additional amendment to Condition 9 of the staff recommendation, noting Engineering Services staff have indicated they are willing to accept an addendum to the Phase 1 Environmental Assessment that was previously submitted for the subject property, noting a full Environmental Assessment would not be required at this time. In response to questions, D. Seller advised the condition requiring cash -in -lieu for sidewalks is a standard condition, noting if it was missed in a previous decision for the subject property it was an oversight. Moved by S. Hannah. Seconded by B. McColl That the application of GREG MCNALLY and MARIA KYVERIS requesting 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., on Part Lots 54 & 118, German Company Tract, 427 Old Chicopee Trail, 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 that there are no outstanding taxes on the subject property(ies) 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 $6688.40. 4. That the owners shall make 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 the owners 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. 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. 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 convey 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 owners shall submit an Addendum to the previously completed Phase 1 Environmental Assessment to the satisfaction of the City's Engineering Services for the road widening on the severed portion. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -27- CITY OF KITCHENER 2. Submission No.: B 2021-006 (Cont'd) 10. That the owners shall make satisfactory arrangements with the Director of Engineering Services for payment towards future sidewalk installation along the frontage for the severed portion. 11. That the owners 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 owners 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 owners 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 and the Director of Parks and Cemeteries. C. That the owners shall ensure 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 owners shall make 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 owners shall obtain 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 owners shall provide a building code assessment as it relates to the new proposed property line and obtain any required building permits to address necessary remedial work to the satisfaction of the Chief Building Official. 14. That the owners shall submit the consent application review fee of $350.00 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 February 16, 2023. Carried COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -28- CITY OF KITCHENER 3. Submission No.: B 2021-007 Applicant: Bethel Evangelical Lutheran Church Property Location: 43 & 47 Sheldon Avenue North Legal Description: Part Park Lot 25, Registered Plan 404 and Lot 1 & Part Lot 67, Registered Plan 657 Appearances: In Support: L Masseo I. Rooney Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 31.21 m, 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. The Committee considered Development Services Department report DSD -21-029 dated February 5, 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 February 5, 2021, advising they have no objection to this application subject to the following condition: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. The Chair noted comments were received from Bell Canada dated February 9, 2021. L. Masseo was in attendance in support of the subject application and staff recommendation. In response to questions, L. Masseo stated the property owner has no objections to the condition outlined in the staff report related to the Heritage Designation. The Chair noted the comments from the Region of Waterloo and requested their condition be included in the Committee's decision this date. Moved by B. McColl Seconded by M. Kidd That the application of BETHEL EVANGELICAL LUTHERAN CHURCH requesting permission to sever a parcel of land having a width of 31.21 m, an easterly depth of 76.82m and an area of 2036 sq. m., on Part Park Lot 25, Registered Plan 404 and Lot 1 & Part Lot 67, Registered Plan 657, 43 & 47 Sheldon Avenue, Kitchener, Ontario, 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 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 registered on title of the severed lands. Said agreement shall include the following special conditions: COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -29- CITY OF KITCHENER 3. Submission No.: B 2021-007 (Cont'd) Prior to Application for and Issuance of any building permits, the owner shall agree 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. ii. 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 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. That the owner shall further agree 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 the owner shall ensure a qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the buildings 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. ii. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. 5. That the owner shall submit the consent application review fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www. kitchener. ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above - noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being February 16, 2023. Carried 4. Submission No.: B 2021-008 Applicant: Jovica Miljevic and Peter & Jelica Vojinovic Property Location: 202 Fifth Avenue Legal Description: Part Lot 4, Registered Plan 706 Appearances: COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -30- CITY OF KITCHENER 4. Submission No.: B 2021-008 (Cont'd) In Support: P. Vojinovic Contra: None Written Submissions: None The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD -21-030 dated February 5, 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 February 5, 2021, advising they have no objection to this application subject to the following condition: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. P. Vojinovic was in attendance in support of the subject application and staff recommendation. Moved by S. Hannah Seconded by M. Kidd That the application of JOVICA MILJEVIC, PREDRAG and JELICA VOJINOVIC requesting 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., on Part Lot 4, Registered Plan 706, 202 Fifth 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 $4922.00. 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 owner's 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. 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. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 16, 2021 -31- CITY OF KITCHENER 4. Submission No.: B 2021-008 (Cont'd) 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 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 owners shall obtain 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 the owners shall submit the consent application review fee of $350.00 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 February 16, 2023. Carried ADJOURNMENT On motion, the meeting adjourned at 10:46 a.m. Dated at the City of Kitchener this 16th day of February, 2021. Dianna Saunderson Secretary -Treasurer Committee of Adjustment