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HomeMy WebLinkAboutDSD-2021-23 - B 2020-047 - 50 Brookside CresI Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: March 5, 2021 REPORT NO.: DSD -2021-23 SUBJECT: Consent Application B2020-047 50 Brookside Crescent Owner —Michael Krause Applicant - Michael Krause RECOMMENDATION: That Application B2020-047 proposing to sever a lot with a width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres, be approved subject to the following conditions: That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 3. That the Owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $7452.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (16.2m) at a land value of $9,200 per frontage meter. 4. 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 Retained and Severed lands. Said agreement shall include the following special conditions: 1. The Owner shall prepare a Tree Preservation/Enhancement 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, tree removal or the issuance of building permits. Such plans shall *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. U. Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: a) The Owner shall implement all approved measures for the protection of trees as approved in the Tree Preservation/Enhancement Plan (where applicable) and to provide written certification from the Owner's Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with prior approval from the City's Director of Planning. III. Prior to the Application for and Issuance of any Building Permits: a) The designating by-law shall be amended to reflect the new delineated property boundary. b) The Owner shall implement the mitigation measures, including front yard setback, building height, dwelling and garage design, materials, and colours, related to the proposed new dwelling on the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018, the Heritage Opinion letter, prepared by CHC Limited, dated October 26, 2020, and the updated Heritage Impact Assessment, prepared by CHC Limited, dated January 21, 2021 to the satisfaction of the City's Director of Planning. c) The Owner shall submit building elevation, building location, and lot grading drawings for the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018, the Heritage Opinion letter, prepared by CHC Limited, dated October 26, 2020, and the updated Heritage Impact Assessment, dated January 21, 2021 for approval by the City's Director of Planning. d) The Owner shall design and construct the dwellings in accordance with the approved plans, to the satisfaction of the City's Director of Planning. 5. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of all new service connections and the removal of redundant services to the retained lands. 6. That the Owner make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 7. That the Owner provides a servicing plan, showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 8. That the Owner submits a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 9. That the Owner provides Engineering staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required 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, at the cost of the Owner 10. That the owner/applicant submits the Regional consent review fee of $350.00 per new lot created. REPORT HIGHLIGHTS: The application is requesting to demolish the existing detached garage and sever the property to create a new lot for a semi-detached dwelling. The existing dwelling on the retained lands is proposed to remain. The proposed severed lands have a lot width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres. The retained lot is proposed to have a lot width of 30.4 metres (at the street line), a depth of approximately 43 metres and a lot area of approximately 1490 square metres. Location Map BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. REPORT: Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The intent of the Low -Rise Residential land use designation is to permit low density residential uses. The property is developed with a single detached dwelling. Low density residential uses, including single detached, duplex, and semi-detached dwellings are permitted. The Official Plan supports an appropriate range, variety and mix of housing types and styles, densities, tenures and affordability to satisfy the varying housing needs of our community through all stages of life. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. A semi-detached dwelling is a permitted in the R-4 zone and no variances are required for the proposed development. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and both the severed and retained lands can be serviced with independent and adequate service connections to municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. City Planning staff conducted a site inspection of the property on November 20, 2020. Photo of Subject Property Building Comments: The Building Division has no objections to the proposed applications provided a qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. A separate building permit will be required for the removal of the addition to the retained house. A separate building permit will be required for the construction of the new residential building. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot — a building permit will be required for this work. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. Consent application B2018-025 was approved in 2018. The submission and approval of a Heritage Impact Assessment (HIA) was made a requirement of the processing of Committee of Adjustment application B2018-025 in order to ensure that the proposed new lot had regard for and was consistent with Provincial, Regional, and Municipal policies relating to the conservation of cultural heritage resources. The HIA, prepared by CHC Limited and dated March 14, 2018, was approved by the Director of Planning in April 2018 following consultation with Heritage Kitchener. The HIA concludes that the original c. 1855 farmhouse with its summer kitchen wing is a heritage attribute of the property. The HIA concludes that the rural and agricultural context of the property has been lost and that views of the farmhouse from either direction are not long and wide, and do not form part of a terminating vista. Heritage Planning staff continues to agree with the conclusions of the HIA and it remains the opinion of Heritage Planning staff that the size of the lot is not a heritage attribute. The HIA recommends mitigative measures to address impacts to the streetscape and neighbourhood context. The HIA, prepared by CHC Limited and dated March 14, 2018, also outlines a potential future consent application to sever the western portion of the property. Consent application B2020-047 proposes to sever the western portion of the property. The HIA comes to the same conclusions and recommendations for the severance of the western portion of the property as it does for the eastern portion of the property. A Heritage Opinion letter, prepared by CHC Limited and dated October 26, 2020 has been submitted with consent application B2020-047. The Heritage Opinion details that the creation of semi-detached lots on the western portion of 50 Brookside Crescent will not create a negative impact to the heritage resource, so long as the recommendations of the HIA, prepared by CHC Limited and dated March 14, 2018 are adhered to. The Heritage Opinion letter goes on to reaffirm that the 201h century outbuildings and the additions, do not meet the criteria for designation under the Ontario Heritage Act and are not heritage attributes of the property. Consent application B2020-047 was deferred by the Committee of Adjustment to allow time for the applicant to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. An updated HIA, prepared by CHC Limited and dated January 21, 2021 has been submitted to Heritage Planning staff. It provides additional evidence to support the conclusion that the detached stone garage is not original to the farm and was constructed sometime after 1955. The HIA was considered by Heritage Kitchener on March 2, 2021. The only comment raised by the committee was their interest to ensure that new buildings would fit with the character of the neighbourhood. The appropriate tools to continue conserving the farmhouse include implementation of the mitigative measures and recommendations of the updated HIA through conditions. The following consent conditions have been prepared to ensure the continued conservation of the farmhouse. Heritage Planning staff recommends the following conditions: 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 Retained and Severed lands. Said agreement shall include the following special conditions: The Owner shall prepare a Tree Preservation/Enhancement Plan for the Severed lot 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. Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: b) The Owner shall implement all approved measures for the protection of trees as approved in the Tree Preservation/Enhancement Plan (where applicable) and to provide written certification from the Owner's Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with prior approval from the City's Director of Planning. III. Prior to the Application for and Issuance of any Building Permits: e) The designating by-law shall be amended to reflect the new delineated property boundary. f) The Owner shall implement the mitigation measures, including front yard setback, building height, dwelling and garage design, materials, and colours, related to the proposed new dwelling on the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018, the Heritage Opinion letter, prepared by CHC Limited, dated October 26, 2020, and the updated Heritage Impact Assessment, prepared by CHC Limited, dated January 21, 2021 to the satisfaction of the City's Director of Planning. g) The Owner shall submit building elevation, building location, and lot grading drawings for the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018, the Heritage Opinion letter, prepared by CHC Limited, dated October 26, 2020, and the updated Heritage Impact Assessment, dated January 21, 2021 for approval by the City's Director of Planning. h) The Owner shall design and construct the dwellings in accordance with the approved plans, to the satisfaction of the City's Director of Planning. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. Where a storm sewer connection is not proposed alternative sump pump discharge arrangements should be made. The applicant is advised to have their Engineer locate and expose water and sanitary services to confirm they do exist, the size, and condition. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate sanitary and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Trevor Jacobs (trevor.jacobs@kitchener.ca). Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing all outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and a forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as new development lots will be created. The cash -in -lieu dedication required is $7,452.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (16.2m) at a land value of $9,200 per frontage metre. Environmental Planning Comments: A Tree Preservation/Enhancement Plan for the Severed lot is required 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. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. CONSULT — Planning Staff received emails and a petition regarding the historical significance of the existing garage building. As noted in the Heritage Comments section above, Heritage Planning Staff required an updated HIA that provided additional evidence to support the conclusion that the detached stone garage is not original to the farm and was constructed sometime after 1955. The HIA was considered by Heritage Kitchener on March 2, 2021. PREVIOUS REPORTS/AUTHORITIES: On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. Consent application B2018-025 was approved in 2018. Consent application B2020-047 was deferred by the Committee of Adjustment on December 8, 2020 and again on February 16, 2021 to allow time for the applicant to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. An updated HIA, prepared by CHC Limited and dated January 21, 2021 has been submitted to Heritage Planning staff. The HIA was considered by Heritage Kitchener on March 2, 2021. The only comment raised by the committee was their interest to ensure that new buildings would fit with the character of the neighbourhood. I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: February 5, 2020 REPORT NO.: DSD -21-033 SUBJECT: Consent Application B2020-047 50 Brookside Crescent Owner/Applicant — Michael Krause RECOMMENDATION: That Application B2020-047 proposing to sever a lot with a width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres, be deferred to the March 16, 2021 Committee of Adjustment meeting. REPORT HIGHLIGHTS: The application is requesting to sever a new lot with a width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres. The Owner is proposing to demolish the existing detached garage and sever the property to create a new lot for a semi-detached dwelling. The existing dwelling on the retained lands is proposed to remain. The retained lot is proposed to have a lot width of 30.4 metres (at the street line), a depth of approximately 43 metres and a lot area of approximately 1490 square metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Severance Sketch Excerpt provided by the Applicant Location Map Z, p; 1.5 STUREY t -s sj[*Ey E5 Ij. Owl N WiX -,:�'E BROok SID, CFf-sCZ-N F SEVERANCE PROPOSAL sErr�+czs ren l ­,E TWO LQT5 52-54 131 WKSIDe CRESCERT. KITCHENER (P LS. 29 OCTOBER 202D) Severance Sketch Excerpt provided by the Applicant Location Map BACKGROUND: The subject property is designated Low Rise Residential in the City's Official Plan and identified as Community Area on the City's Urban Structure Map. The subject lands are zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. On December 8, 2020, the Committee of Adjustment deferred this application (82020-047) to the Committee of Adjustment meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. REPORT: Planning Comments: Planning Staff is recommending this application be deferred again to the March 16, 2021 Committee of Adjustment meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. This additional deferral is proposed to allow time for Heritage Planning Staff to bring this application forward to Heritage Kitchener for discussion on March 2, 2021. City Planning staff conducted a site inspection of the property on November 20, 2020 Foreground - Existing Detached Garage proposed to be demolished Background — Existing Dwelling to be retained 50 Brookside Crescent STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: On December 8, 2020, the Committee of Adjustment deferred this application (82020-047) to the Committee of Adjustment meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. Staff Report Ki ) Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 8, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 7 DATE OF REPORT: November 30, 2020 REPORT NUMBER: DSD -20-212 SUBJECT: Application B2020-047 50 Brookside Crescent Owner/Applicant — Michael Krause Defer Subject Property: 50 Brookside Crescent Staff Depart Development Services Department Background: J KNA131ER wwwkitchener.ca On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. Report: The Owner is now proposing to demolish the existing detached garage and sever the property to create a new lot for a semi-detached dwelling. The existing dwelling on the retained lands is proposed to be retained. The proposed severed lands have a lot width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres. The retained lot is proposed to have a lot width of 30.4 metres (at the street line), a depth of approximately 43 metres and a lot area of approximately 1490 square metres. Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. Planning Staff is recommending this application be deferred to the February 16, 2021 meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. City Planning staff conducted a site inspection of the property on November 20, 2020. Region of waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT November 26, 2020 Re: Comments for Consent Applications B2020-045 to 62020- 048 Committee of Adjustment Hearing December 8, 2020 CITY OF KITCHENER B2020-045 145 and 155 Ann Street Karen McKiel and William Finlay The owner/applicant is proposing to sever two adjacent part lots municipally known as 145 and 155 Ann Street. These properties merged on title previously and the owner/applicant wishes to sever the lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Water Services: Regional Staff advise that he subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, subject to the following conditions: Document Number: 3474109 Version: 1 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-046 50 Fifth Avenue Amarjit Singh The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Water Services: Regional Staff advise that the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Noise: The proposed severed and the retained lots are located within 200 metres of a high traffic & high speed King Street Bypass and within 500 metres of Conestoga Parkway (Highway 7/8) and would have impacts from transportation noise sources in the vicinity. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: a) The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air- conditioning. b) The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will Document Number: 3474109 Version: 1 allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air-conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." Document Number: 3474109 Version: 1 B2020-047 50 Brookside Crescent Michael Krause The owner/applicant is proposing a severance to permit a semi-detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-048 53 Candle Crescent William Shafer The owner/applicant is proposing an easement over a portion of 53 Candle Crescent in favour of part of 55 Candle Crescent to permit legal access to the rear yard. The Region has no objection to the proposed application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Planner Document Number: 3474109 Version: 1 C>'(avid Rry c3 a 4 ��~yation Pj Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River 50 Brookside Crescent — Proposed Severance to Create 52/54 Brookside Crescent Petition Some of the residents of Brookside Crescent are concerned about what is happening with the property at 50 Brookside Crescent. We were not in the know about what was happening when the property was severed and a duplex constructed on the east side. Now, we are concerned about the severance of the lot and the construction of semis on the west side. We maintain that the detached garage should be part of the heritage designation that goes along with the farmhouse. This building used to be the smokehouse and is an original building. It was refurbished in the 70s, not constructed then. The coachhouse (at the back of the property) is not original and was constructed in the late 80s by the Madill family. We need to clarify the existing stone "storage" building (as per the plan) on the lot of the heritage home as it is currently being used as a rental unit. It is now occupied by a tenant. Is this compliant? Garett Stevenson from Planning is looking into this for us. As per the HIA, what outbuilding is being protected under the heritage designation along with the house and summer kitchen wing? Is it the storage building (coachhouse) that is to remain and the garage to be demolished? We think that is backwards as we know the coachhouse was built in the late 80s and the smokehouse/detached garage was an original structure. Unfortunately, there was no building permit obtained to build this. The owner at the time stated that to the owner of when he was building it. It is the detached garage out front that is original. Our question would be why would anyone build a smokehouse in the 70s in the middle of a subdivision? It was already there, and merely refurbished in the 70s. The City registrar says the- bought in 1972, but they were already there well before that. As per== bought the farm on April 1, 1956 from the-. I have the purchase offer to by Dutchman homes in 1964. Costain bought the property from Dutchman Homes before 1971." 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L.• �■.AMM+ - i� X46 @19F�s�,i3 4,IgifiA t From "When they bought the farm in 1956, it was a standalone building as most smoke houses were. The original farm was much different than the pictures we have sent you - more like the old style farm buildings made of wood so smoke houses were always separate from that. The closest building to it was a driving shed and then the main barn past that. Unfortunately, there was a fire in the main barn caused by a tractor parked in there and being too hot. The main building and the drive shed were burned by the fire but not the smokehouse... because it was closer to the house. Ironic actually since it was a ''smokehouse''. - a• I alo :! it .` r 4 Top building — House, middle building — garage/driving shed, front building — barn. The driving shed was built onto the smokehouse. Above picture 1962, no coachhouse, but does show detached garage. I I m 4 a M U, r� a �s I 9R �crk sdlL Nr. MA Fr R�'1'.Mis{f.L4l+I F`d'ti it.i. til �{�Y .i RIR1�iR W #e21i' Y L cmrj{rw_ q L> J /�_ ., ...,. .....cuNurr. March 23, 1956 ;.pparanitl+r the eflt! tQ yof u tay theRTa family is supposed to be cg3rplat2d on the J n L 0t-►�riII L,tes r c, courser i z a Sunday so that it -will probably bL- a day ar t,wo later befare tt.a de�.l can ISe closed. in the aea.nt irc I Wn a x La werne�C f s©Li,itors shokri t�dus;uests that I ];v► rave fr€��3ia ans hen the dvul is t.ha amount that you Will i v$ to PaLy fru am mak3 alaaed. Yvu �Ight let. mo krtnw what ar n&amer-ts � to obt.air the martE-&ZQ MOneY .ter "s purpose. Yours truly. CUP31 r 5 1:1►61'1�ua r 11HEGn AL TIN, - sold to_ family in 1956. �5�p +�.rr,�. �ar��- �r-f�'t.. •/r:. „�.- R�. ,f.. r+. ,�� t-i�- /- /- ��' �•, �.. F' r Mid 1980's, angle from 58 Brookside clearly showing no coachhouse in the backyard of 50 Brookside From "Beside the house on the left hand side there is not a building in where we always had a large vegetable garden. Whatever building that is there now was put in after_ sold the house. The old smokehouse / garage is under the shed roof in front of the house to the left." If you have any questions, please contact any of the following. They lived at 50 Brookside Crescent. In the package that was received from Victoria Grohn, Planning, on page 2, it is stated at the bottom that "the owner has indicated that the proposed semi-detached units will be designed and constructed in a style and manner similar to the duplex residence being constructed now to ensure compatibility with the retained house lot and adjacent residential properties". We do not need another structure similar to the new build in the neighbourhood. The duplex is squished in beside the house next to it and sticks out further than the other houses on the street, impeding their sight lines. As we believe the current owner of 50 Brookside does not recognize the heritage or historical value, we need to preserve our street scape. In our opinion, the current new build diminishes the historical heritage of the farmhouse, does not enhance the character of the neighbourhood, and is not compatible with the other houses in the vicinity. The neighbour on the east side of the new build is very distressed about the style of the new build as it has hindered her sight lines and the height is also questionable... in the planning information the official plan designation is "low rise residential". If the new build is approved, how much input do the surrounding neighbours have on the style of the new build? We need to question the height, setback and building elevation of proposed new build, sufficient parking, etc. The proposed plan indicates a setback of 6.0 m (approx. 20 feet). 58 Brookside extends approx. 30 feet which means the new proposed build would extend 10 feet beyond, impeding sight lines at 58 Brookside. In the cHc letter dated October 26, 2020, it is recommended new construction be limited in height to 1 or 1 1/2 storeys. The current new build (under construction) is 2 stories as it is a duplex. The City of Kitchener Official Plan 3.4 notes "the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form". Is this not contradictory to having similar type houses on the street? Additionally, in the original letter and copy letter from the Progressive Services Ltd. both dated October 29, 2020, there is a discrepancy regarding the zoning. The original letter indicates the proposed housing units will abide by the required setbacks under the R-5 zoning but the copy letter refers to the setbacks under R-4 zoning. The dimensions are the same for both zoning. In conclusion, we are asking that the Heritage Committee please reconsider the detached stone garage and grant it the same heritage designation as the farmhouse based on all of this information. We are requesting that 50 Brookside Cres be removed from the agenda of the Committee of Adjustment meeting that is currently scheduled for Tuesday December 8 while a possible heritage designation is revisited. Thank you, Concerned citizens of Brookside Crescent NO& IbI6 mh� 006= mm� 006���