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HomeMy WebLinkAboutCA - 2021-03-16COMMITTEE OF ADJUSTMENT MINUTES MARCH 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 J. Meader S. Hannah M. Kidd Officials: J. von Westerholt, Senior Planner S. Ryder, Traffic Planning Analyst G. Stevenson, Senior Planner M. Drake, Heritage Planner S. Goldrup, Committee Administrator D. Saunderson, Secretary-Treasurer MINUTES Moved by M. Kidd Seconded by S. Hannah That the regular minutes of the Committee of Adjustment meeting held February 16, 2021, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS: CONSENT APPLICATION: 1. 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: L. Geisel C. Laderoute T. Arjuna Written Submissions: Neighbourhood Petition 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-2021-023 dated March 16, 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 November 26, 2020, advising they have no objection to this application subject to the following condition: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 33 - CITY OF KITCHENER 1. Submission No.: B 2020-047 The Chair noted the petition submitted to the Committee in opposition to the subject application. Michael Krause and Owen Scott were in attendance in support of the subject application and staff recommendation. Christine Laderoute, Luanne Geisel and Temeshwar Arjuna were in attendance in opposition to the subject application. C. Laderoute expressed concerns with the Heritage Impact Assessment, stating in her opinion there were a number of errors noted in the HIA completed by O. Scott and requested the Committee consider requesting an independent review of the heritage attributes on the subject property. C. Laderoute expressed further concerns regarding the severance that permitted the construction of the dwelling in the easterly side yard of the property, and its compatibility with the existing neighbourhood; issues related to adequacy of on-site parking; the loss of mature trees; and, concerns with the historical evidence provided to support the severance. C. Laderoute requested the Committee consider deferring the application to allow the neighbourhood an opportunity to retain a heritage consultant to review the history related to the stone garage. M. Krause stated specifically related to the concerns about parking, there is an ongoing concern related to parking within the neighbourhood, which has been highlighted by the global pandemic. In regard to the severance previously granted, he stated he retained all necessary approvals from the City on the plans for the dwelling and complied with the all the granted approvals. M. Krause stated he has received the necessary occupancy permit and feels the home is well constructed, commenting he had received feedback from some neighbours expressing their appreciation for the design. M. Krause stated his is a resident of the neighbourhood and does have regard for the concerns expressed by the neighbours, indicating he would be willing accept some feedback from the neighbourhood related to the design, if that assisted to alleviate some of their concerns. M. Krause further advised he was not sure this date of the future use of the dwelling, stating a rental or family residing there are both options. Finally, M. Krause stated the subject property was always intended to consist of more than one dwelling, noting when the subdivision was established there are 4 municipal service connections installed at the subject property. The Chair noted for clarification of the residents in attendance that there is a condition recommended in the staff report requiring the applicant to provide elevation drawings to the City for approval prior to obtaining a building permit. In response to questions, O. Scott advised there was in error in the HIA related to the ownership of the property, indicating that his since been corrected. O. Scott stated he can confirm the stone garage was built after 1955, it is not a heritage attribute of the property. O. Scott advised after reviewing a survey prepared by an Ontario Land Surveyor of the property completed in 1964 the only building that was identified on site at the time was the house, the garage was not identified on that survey. M. Drake advised the application was previously deferred to allow for an opportunity for the Heritage Opinion Letter related to the HIA to be presented at the Heritage Kitchener Advisory Committee. The Heritage Committee met March 2, 2021 and members expressed no concerns with the content of the opinion letter objections to its conclusions. In response to questions, M. Drake advised both the detached garage and storage shed at the rear of the property are not considered to have heritage significance based on a review of the documents which included surveys, aerial photographs and pictures provided. S. Hannah questioned whether a similar condition related to the approval of elevation drawings in 4.b. of the staff recommendation was imposed in the severance application that created the easterly lot, noting the importance of the proposed dwelling being sympathetic to the streetscape. M. Drake stated yes, there was a similar condition imposed in the previous decision and staff did review and approve the design for the easterly severance. S. Hannah noted that is one of the concerns raised by the neighbourhood that the dwelling that was constructed to the east is not sympathetic to the surrounding neighbourhood. S. Hannah questioned why if the shed at the rear of the property is not of heritage significance, why is the rear yard for the proposed severed lot is being limited to ensure the retained parcel retains the existing shed. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 34 - CITY OF KITCHENER 1. Submission No.: B 2020- G. Stevenson stated the property owner has expressed interest in retaining the shed. In response to further questions, G. Stevenson indicated the condition recommended for to staff to review and approve elevation drawings will include a review of the location of the building on the proposed lot and although the minimum rear yard setback is 4.5m, the average front yard setback of the neighbourhood will be reviewed and is anticipated to be maintained. S. Hannah expressed some concern that elevation drawings were not yet completed and available for review by the neighbourhood prior to the meeting this date. B. McColl stated the majority of the concerns expressed this date are related to uncertainties related to the appearance of the proposed dwelling and potential inconsistencies related to the heritage significance of the buildings on site. S. Hannah suggested a possible deferral of the application, indicating the Committee has deferred an application in the past, to allow the property owner to complete elevation drawings and clearly articulate what was intended to be constructed. The following motion was then voted on and was Carried, with S. Hannah, M. Kidd and B. McColl voting in favour; and, D. Cybalski voting in opposition. Moved by S. Hannah Seconded by B. McColl 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 allow additional time for the applicant to prepare elevation drawings for the proposed dwelling and have them reviewed by staff and the neighbourhood, 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: 1. Submission No.: A 2021-011 Applicant: 55 Franklin GP Inc. Property Location: 55 Franklin Street South Legal Description: Lot 143, Lot 152, and Part Lots 142, 144, 151 and 153, Plan 254 Appearances: In Support: B. Flewwelling M. Maxwell Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a mixed-use commercial/residential development containing four 6-storey mixed-used buildings, each containing 64 residential units having a rear yard setback of 3m rather than the required 7.5m; a southerly interior side yard of 2.9m rather than the required 7.5m; having 155 off-street parking spaces rather than the required 293 off-street parking spaces; having 38 off-street parking spaces rather than the required 74 off-street parking spaces (10 Multi-Unit Spaces, 64 Dwelling unit Spaces); and, to permit 31 electric-vehicle (EV) ready spaces rather than the required 58 EV-ready spaces and 2 EV-spaces (specifically 52 EV-ready residential spaces; 6 EV-ready commercial spaces; and, 2 EV commercial spaces not in a building). COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 35 - CITY OF KITCHENER 1. Submission No.: A 2021- The Committee considered Development Services Department report DSD-2021-14 dated March 8, 2021 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with the subject application. Brandon Flewwelling and Mike Maxwell were in attendance in support of the subject application and staff recommendation. Moved by B. McColl Seconded by S. Hannah That the application of 55 FRANKLIN GP INC. requesting permission to construct a mixed-use commercial/residential development containing four 6-storey mixed-used buildings, each containing 64 residential units having a rear yard setback of 3m rather than the required 7.5m; a southerly interior side yard abutting a residential zone of 2.9m rather than the required 7.5m; having 155 off-street parking spaces rather than the required 293 off-street parking spaces; having 38 off-street parking spaces rather than the required 74 off-street parking spaces (10 Multi-Unit Spaces, 64 Dwelling unit Spaces); and, to permit 31 electric-vehicle (EV) ready spaces rather than the required 58 EV-ready spaces and 2 EV-spaces (specifically 52 EV-ready residential spaces; 6 EV-ready commercial spaces; and, 2 EV commercial spaces not in a building), on Lot 143, Lot 152, and Part Lots 142, 144, 151 and 153, Plan 254, 55 Franklin Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure that this variance approval shall apply only to development approved through Site Plan Application SP20/075/F/AP, subject to the satisfaction of the 2. That the owner shall ensure that the parking spaces for as outlined in the requested minor variances shall be shared between the residential uses and the non-residential uses, to the satisfaction of Transportation Services. 3. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title, to the satisfaction of the City Solicitor and Director of Transportation Services, that includes the following: a. That vehicle parking spaces will be rented to residents separately from dwelling units. b. That there will be a total of 132 secured, long-term bicycle spaces provided on-site to be shared between the residential and commercial uses/units. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered -making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried 2. Submission No.: A 2021-012 Applicants: Kristine and Marc Cholette Property Location: 39 Crosby Drive Legal Description: Lot 168 & Part Lot 167, Plan 1055 COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 36 - CITY OF KITCHENER 2. Submission No.: A 2021- Appearances: In Support: M. Cholette Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a rear addition on an existing attached garage of a single detached dwelling with the proposed garage addition to have a westerly side yard setback of 0.9m rather than the required 1.2m. The Committee considered Development Services Department report DSD-2021-19 dated March 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, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. Marc Cholette was in attendance in support of the subject application and staff recommendation. In response to questions, J. von Westerholt noted where staff have identified a tree that was straddling a property line, staff generally recommend obtaining a letter from the neighbouring property owner as a means of mitigating any issues that may arise related to the impacts on the tree. M. Cholette stated he has no objection with the proposed conditions, stating he has already spoken with the neighbouring property owner regarding the tree and there have been discussions that the tree may need to be removed due to its current condition. M. Cholette stated for the tree to be removed the neighbour would need access to the tree from his yard, if that was required. In response to further questions, M. Cholette stated the carport was existing when he purchased the property, stating he enclosed the structure. M. Cholette further advised he is confident in the measurements as outlined on the plan submitted with the application, stating the eaves once constructed will be 1 foot away from the side lot line. Moved by M. Kidd Seconded by B. McColl That the application of KRISTINE CHOLETTE and MARC JOSEPH CHOLETTE requesting permission to construct a rear addition on an existing attached garage of a single detached dwelling with the proposed garage addition to have a westerly side yard setback of 0.9m rather than the required 1.2m, on Lot 168 & Part Lot 167, Plan 1055, 39 Crosby Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall ensure that a letter of permission is obtained from the neighbouring property owner and that tree protection measures be approved and implemented prior to issuance of a building permit. st 2. That the owners shall ensure that all conditions are completed prior to December 31, 2021 Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 37 - CITY OF KITCHENER 2. Submission No.: A 2021- Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered -making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried 3. Submission No.: A 2021-013 Applicants: 2522935 Ontario Inc c/o Fusion Homes Property Location: 2 Crosswinds Drive Legal Description: Lot 46, Plan 58M-597 Appearances: In Support: P. Ha Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a single detached dwelling having a driveway located 7.94m from the intersection of Rivertrail Avenue and Crosswinds Drive rather than the required setback of 9m. The Committee considered Development Services Department report DSD-2021-16 dated March 5, 2021 recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. Phil Ha was in attendance in support of the subject application and staff recommendation. Moved by B. McColl Seconded by S. Hannah That the application of 2522935 ONTARIO INC requesting permission to construct a single detached dwelling having a driveway located 7.94m from the intersection of Rivertrail Avenue and Crosswinds Drive rather than the required setback of 9m, on Lot 46, Plan 58M-597, 2 Crosswinds Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall make an application for a revised building permit for the proposed It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered -making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 38 - CITY OF KITCHENER 4. Submission No.: A 2021-014 Applicants: Ryan McKee & Kendra Hollidge Property Location: 247 Lydia Street Legal Description: Lot 33, Plan 284 J. Meader entered the meeting at this time. Appearances: In Support: G. Borho Contra: H. Mackay Written Submissions: H. Mackay The Committee was advised the applicants are requesting permission to construct a 2-storey addition in the rear yard of an existing single detached dwelling having an existing southerly side yard setback of 2.62m rather than the required 3m; and, an existing northerly side yard setback of 0.76m rather than the required 1.2m. The Committee considered Development Services Department report DSD-2021-15 dated March 5, 2021 recommending approval of this application, subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. The Committee was also in receipt of a written submission from a neighbouring property owner in opposition to the application. Greg Borho was in attendance in support of the subject application and staff recommendation. Heather Mackay stated she provided a written submission that summarized the majority of her concerns. H. Mackay expressed concerns with comments outlined in the staff report that the proposed addition is not altering a situation that has been in existence for 90 years, stating in her opinion that statement is incorrect. H. Mackay advised the addition as proposed will block the view from her rear yard and will have adverse impacts on the enjoyment of her property. H. Mackay requested the Committee consider deferring the application so the property owner can revise there development plans to minimize the impact on her property. G. Borho addressed the comments of the adjacent property owner, stating the garage is not subject to a minor variance. G. Borho indicated the minor variances requested are intended to legalize the existing house in its current location. The proposed garage is intended to be sympathetic and consistent design with the existing dwelling. In response to questions, J. von Westerholt confirmed the variances outlined in the application are required to legalize the existing dwelling in its current location, there are no variances required for the construction of a garage. S. Hannah questioned whether the applicant was in support of the conditions as outlined in the staff report. G. Borho stated they have no objections with the condition, indicating they intend on protecting all the trees prior to commencing construction. Moved by B. McColl Seconded by S. Hannah That the application of KENDRA HOLLIDGE and RYAN WILLIAM MCKEE requesting permission to construct an addition in the rear yard of an existing single detached dwelling having an existing southerly side yard setback of 2.62m rather than the required 3m; and, an existing northerly side yard setback of 0.76m rather than the required 1.2m., on Lot 33, Plan 284, 247 Lydia Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 39 - CITY OF KITCHENER 4. Submission No.: A 2021- 1. That the owners shall ensure that in light of the treed nature of the property and the proximity of trees in shared ownership, the owners shall prepare a Tree Preservation ed 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, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owners further agree to implement the approved plan. No changes to the said plan shall be It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered -making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried 5. Submission No.: A 2021-010 Applicant: Otis on the Parc - 51 David Limited Partnership Property Location: 51 David Street Legal Description: Lot 146, Subdivision of Lot 17, German Company Tract Appearances: In Support: P. Chauvin S. Litt Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for a proposed 6-story multi- residential development to have relief from Special Provision 397U of the Zoning By-law to development; and, to permit parking for the private club or lodge to have 0 off-street parking spaces rather than the required 1 off-street parking space per 23 sq.m. of Gross Floor Area (GFA). The Committee considered Development Services Department report DSD-2021-12 dated March 3, 2021 recommending refusal of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. Pierre Chauvin and Stephen Litt were in attendance in support of the subject application. P. Chauvin stated the requested variances would permit the Private Club/Lodge use in a 1700 sq.ft. space in the basement of multi-residential building currently under construction. P. Chauvin commented the Private Lodge use is currently being contemplated for the flex space, something similar to a studio space for a wine bar/tasting lounge type space that could be utilized by the tenants of the building as well as private club with fee based membership. P. Chauvin stated the Urban Growth Centre and COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 40 - CITY OF KITCHENER 5. Submission No.: A 2021-010 Mix-used designation. P. Chauvin indicated there is a special zoning provision that does direct commercial uses to the other side of the Park, specifically Queen Street as opposed to David Street, but the policy does not clearly articulate the types of commercial uses. P. Chauvin commented the intent of the policy dates back to the 1982 Victoria Park Secondary study, which primarily addressed concerns at the time related to traffic and the stability of the residential neighbourhood and as a result, commercial activities were limited in areas around the park. P. Chauvin stated the planning regulations and Provincial Policies that exist this date encourage growth centres, which are also supported in the special provision was brought forward into the current Zoning regulations by prohibiting all commercial type uses, which included the private club/lodge. P. Chauvin stated in his opinion the private club/lodge use is not similar in activity as a typical commercial retail use that was contemplated as part of the policy when it was approved in 1982. P. Chauvin advised there are other uses that are permitted as of right, which include but are not limited to: daycare centre; hospice; printing centre; educational establishment and security service which all have a commercial component, stating a private club would function similarly to those uses which are permitted. P. Chauvin requested the Committee approve the variance as it is a niche use that is being encouraged in the downtown and is desirable and appropriate for the space. P. Chauvin stated there are no changes to the exterior of the building required and the impacts from the requested parking variance to support the added uses will be minor due to its proximity to the Downtown. Finally, P. Chauvin indicate the new Zoning By-law (CRoZBy) no longer mentions a private club or lodge use. The Chair noted he had reviewed the report and personally he could support the application. The Chair stated in his opinion there were no objections raised in the report from any City staff and there were no objections received from neighbouring property owners. The Chair further commented he thought it was a good utilization of space and complementary to the Park. In response to questions, P. Chauvin advised the amenity space on the plan submitted with the application. He further advised it is the only amenity space proposed within the building. In response to further questions, P. Chauvin staff have noted that the space could still be used as amenity space by the tenants of the building regardless of whether there is a membership fee component to the space, it was still intended to be actively used in a similar manor. In response to questions, J. von Westerholt commented the policies addressed in the report reference the current Official Plan, stating there is no reference to any applicable Secondary Plan raised by the applicant. J. von Westerholt further advised the intention of the policies related to commercial uses was to localize where commercial activities occurred and to divert these types of activities away from specific streets, which may help to limit potential negative impacts that could arise. J. von Westerholt stated if the Committee did feel like the variance was appropriate staff did provide some guidance related to possible conditions. The Chair noted by opening up the private club/lodge up to the neighbourhood, in his opinion it could make assist in making it a more sustainable operation. S. Hannah stated he was in support of the staff recommendation to refuse, noting one of the tests is whether the application is that the application supports the Official Plan, which has not been supported. S. Hannah questioned whether the deadline of June 1, 2021 recommended in the suggested conditions outlined in the staff report, would that be sufficient time to address the conditions if imposed. P. Chauvin advised they currently have Site Plan approval and foundation permits have been obtained. P. Chauvin questioned the requirement for ab occupancy permits was relevant, acknowledging the deadline would be problematic. In response to questions, he advised the building is currently under construction and occupancy could take another 1 or 1.5 years to complete. S. Hannah stated it was his position that the amenity space could be used by the tenants of the building and he was not in support of adding the use. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 41 - CITY OF KITCHENER 5. Submission No.: A 2021-010 B. McColl indicated amenity space in multi-residential building is typically available for use to the tenants in the building. B. McColl summarized the intention of the application, noting the staff report does include some reasonable conditions for consideration by the Committee, stating the proposed use would likely be permissible under the new Zoning By-law. B. McColl suggested if the Committee was considering approving the subject application he would like consideration be given to restricting the number of external memberships to 100, in addition to the tenants within the building; and, that the applicant be limited in the types of signage that was allowed, noting no LED or lighted signs for the private club should be allowed outside the building. B. McColl advised with the size of the space it likely would not accommodate more than 40 people at any given time, so limiting memberships could address the walk-in traffic. P. Chauvin noted he had no objections to the conditions as proposed by B. McColl. P. Chauvin stated the suggestions about limiting the memberships seemed a little like people Zoning, but considering the size of the space, that would likely dictate attendance. The comments about signage are not an issue. P. Chauvin indicated the Special Policy only impact the Drewlo apartment building directly adjacent to the subject property. The Chair noted the special policy regulation does seem to have some bias, possibly in favour of the boathouse. B. McColl noted it was his belief that the policy also applied to the Kitchener Housing property on David Street. P. Chauvin indicated as per the Zoning map he has reviewed, he did not believe that to be the case, but he was not willing to further refute the matter. In response to questions, P. Chauvin stated there is an entrance to the space through the front entrance, as well as a side entrance with access to an elevator. J. Meader commented a used such as a daycare would not be limited to the tenants of the building and the application is not requesting a variance to remove exclusive use of the space from the tenants of the building. J. Meader stated in her opinion, it is appropriate to add a use as long as it meets the four part test, indicating this use does meet those tests. J. Meader stated and she did not believe there were any negative impacts by approving the use. J. Meader further advised the additional use should be a positive aspect to the park. A motion was brought forward by B. McColl, which was seconded by J. Meader to approve variance application A 2021-010, with three conditions: that the owners shall ensure the membership for the Private Club/Lodge not exceed a maximum 100 members at any given time; that the owner shall not be permitted to post any external signage advertising the Private Club/Lodge; and, that the owner shall ensure that this variance approval shall apply only to development approved through ger of Site Development and Customer Service. Moved by B. McColl Seconded by J. Meader That the application of OTIS ON THE PARC - 51 DAVID GP INC requesting permission for a proposed 6-story multi- use; and, to permit 0 off-street parking spaces rather than the required 1 off-street parking space per 30 sq.m. of Gross Floor Area (GFA), on Lot 146, Subdivision of Lot 17, German Company Tract, 51 David Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall ensure the membership for the Private Club/Lodge not exceed a maximum 100 members at any given time. 2. That the owner shall not be permitted to post any external signage advertising the Private Club/Lodge 3. That the owner shall ensure that this variance approval shall apply only to development approved through Site Plan Application SP17/113/D/BB, subject to the satisfaction of the It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 42 - CITY OF KITCHENER 5. Submission No.: A 2021- 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried 6. Submission No.: A 2021-016 Applicants: Colin and Sarah Yardley Property Location: 241 Simeon Street Legal Description: Part Lot 68, Registered Plan 284 Appearances: In Support: C. and S. Yardley Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a 2-storey addition in the rear yard of an existing single detached dwelling having an easterly side yard setback of 0.91m rather than the required 1.2m. The Committee considered Development Services Department report DSD-2021-20 dated March 5, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. Colin and Sarah Yardley were in attendance in support of the subject application and staff recommendation. Moved by S. Hannah Seconded by J. Meader That the application of COLIN JAMES YARDLEY and SARAH ELIZABETH YARDLEY requesting permission to construct a 2-storey addition in the rear yard of an existing single detached dwelling having an easterly side yard setback of 0.91m rather than the required 1.2m, on Part Lot 68, Registered Plan 284, 241 Simeon Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered -making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 43 - CITY OF KITCHENER 7. Submission No.: A 2021-017 Applicants: Kathleen Wills & Arend Lootsma Property Location: 90 Duchess Avenue Legal Description: Lot 16 & Part Lot 17, Plan 349 B. McColl declared a pecuniary interest with this application as he assisted with the subject application. As such, he did not participate in any discussion or voting with respect to this application and left the meeting at this time. Appearances: In Support: K. Wills A. Lootsma Contra: None Written Submissions: M. Weissman & K. Weissman The Committee was advised the applicant is requesting permission to construct a two-storey addition in the rear yard of an existing single detached dwelling having an existing side yard abutting Dunbar Road of 2.93m rather than the required 4.5m; a side yard of 2.61m abutting Dunbar Road for the existing garage rather than the required 6m; to legalize an existing lot width of 13.72m rather than the required 15m; and, for the length of the garage to be 5.39m rather than the required 5.49m. The Committee considered Development Services Department report DSD-2021-13 dated February 28, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. The Committee considered the report of Kitchener-Wilmot Hydro, dated February 19, 2021, advising they have no objection to this application subject to the following condition: 1. That prior to final approval, the owner/applicant shall ensure the new bedroom over the garage will not be in conflict with the overhead service wire feeding the house. The Chair acknowledged that a written submission was received from M. Weissman & K. Weissman in opposition to the subject application. K. Wills and A. Lootsma were in attendance in support of the subject application and staff recommendation. K. Wills stated for confirmation specifically related to the side yard abutting Dunbar Road of 2.61m is for the proposed garage, the garage is not currently existing. M. Kidd left the meeting at this time. S. Hannah noted the comments from the neighbouring property owner, stating the concerns that the have expressed are existing conditions and are not subject to the variance application being requested. Moved by J. Meader Seconded by S. Hannah That the application of AREND EDWARD LOOTSMA and KATHLEEN ELIZABETH WILLS requesting permission to construct a two-storey addition in the rear yard of an existing single detached dwelling having an existing lot width of 13.72m rather than the required 15m; an existing side yard abutting Dunbar Road of 2.93m rather than the required 4.5m; a side yard of 2.61m abutting Dunbar Road for the proposed garage rather than the required 6m; and, to permit the length of the required parking space within the garage to be 5.39m rather than the required 5.49m, on Lot 16 & Part Lot 17, Plan 349, 90 Duchess Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 44 - CITY OF KITCHENER 7. Submission No.: A 2021-017 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 -making process with respect to the subject application. For more information please review the meeting mwww.kitchener.ca Carried 8. Submission No.: A 2021-018 Applicants: Katherine Robertson & Sarah Robertson Property Location: 130 Samuel Street Legal Description: Part Lot 101, Plan 414 B. McColl declared a pecuniary interest with this application as he assisted with the subject application. As such, he did not participate in any discussion or voting with respect to this application and left the meeting at this time. Appearances: In Support: K. Robertson I. Kent Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to demolish and reconstruct an existing 1-storey garage in the rear yard of an existing single detached dwelling having a southerly side yard setback for the proposed garage of 0.203m rather than the required 0.6m; and, for the garage to have a maximum fascia height of 3.82m rather than the permitted maximum of 3m. The Committee considered Development Services Department report DSD-2021-32 dated March 8, 2021 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. Katherine Robertson and Iain. Kent were in attendance in support of the subject application and staff recommendation. The Chair suggested and it was agreed that condition 1 as outlined in the staff recommendation, be removed, stating in the past the Committee has been requested not to impose a condition requiring the applicant to apply for or obtain a building permit. In response to questions, K. Robertson advised she had no objections to conditions 2 and 3 in the staff report, noting she does have one maple trees on the property that they are planning to maintain. I. Kent stated they would address the requirements for tree preservation as outlined in the report. M. Kidd re-entered the meeting at this time. Moved by J. Meader Seconded by S. Hannah COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 45 - CITY OF KITCHENER 8. Submission No.: A 2021-018 That the application of KATHERINE ROBERTSON and SARAH ROBERTSON requesting permission to demolish and reconstruct an existing 1-storey garage in the rear yard of an existing single detached dwelling having a southerly side yard setback for the proposed garage of 0.203m rather than the required 0.6m; and, for the garage to have a maximum fascia height of 3.82m rather than the permitted maximum of 3m, on Part Lot 101, Plan 414, 130 Samuel Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall ensure that in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan , to be approved by 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, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the Ci 2. That the owners shall ensure that condition 1 above be completed by August 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information please review the meeting mwww.kitchener.ca Carried 9. Submission No.: A 2021-019 Applicants: Milestone Developments Inc. Property Location: 30 Waterbow Trail Legal Description: Lot 59, Plan 58M-605 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a southerly side yard abutting Valleybrook Drive of 4.1m rather than the required 4.5m; and, a southerly side yard abutting Valleybrook Drive for a non-enclosed porch of 2.74m rather than the required 3m. The Committee considered Development Services Department report DSD-2021-17 dated March 5, 2021, recommending deferral of this application to the April 20, 2021 Committee of Adjustment meeting as an additional variance is required. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 46 - CITY OF KITCHENER 9. Submission No.: A 2021- The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. Moved by B. McColl Seconded by S. Hannah That the application of Milestone Developments Inc. requesting permission to construct a single detached dwelling having a southerly side yard abutting Valleybrook Drive of 4.1m rather than the required 4.5m; and, a southerly side yard abutting Valleybrook Drive for a non-enclosed porch of 2.74m rather than the required 3m, BE DEFERRED to the April 20, 2021 Committee of Adjustment meeting to allow the Notice of Hearing to be amended to include an additional variance, on Lot 59, Plan 58M-605, 30 Waterbow Trail, Kitchener, Ontario. Carried 10. Submission No.: A 2021-015 Applicants: Activa Holdings Inc. Property Location: 11 Ian Ormston Drive Legal Description: Lot 5, Plan 58M-614 Appearances: In Support: A. Baulk Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct an addition in the rear yard of an existing single detached dwelling having a rear yard setback of 7.32m rather than the required 7.5m. The Committee considered Development Services Department report DSD-2021-25 dated March 8, 2021 recommending approval of this application, as amended. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. A. Baulk was in attendance in support of the subject application and staff recommendation. It was noted there was a clerical error in the notice of hearing, the property is currently vacant and proposed rear yard setback of 7.32m is for the construction of the detached dwelling rather than a rear yard addition. Moved by S. Hannah Seconded by J. Meader That the application of ACTIVA HOLDINGS INC requesting permission to construct a single detached dwelling having a rear yard setback of 7.32m rather than the required 7.5m, on Lot 5, Plan 58M-614, 11 Ian Ormston Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 47 - CITY OF KITCHENER 10. Submission No.: A 2021-015 Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered -making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried 11. Submission No.: A 2021-020 Applicants: Scott & Michelle Kienitz Henderson Property Location: 25 Margaret Avenue Legal Description: Part Lot 189, Plan 374, being Part 2 on Reference Plan 58R-12386 Appearances: In Support: S. Henderson M. Kienitz Henderson M. Stryker Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a carport in the rear of an existing single detached dwelling having an easterly side yard setback of 0.55m rather than the required 1.2m; and, to permit a driveway on a property with an attached carport to be 0m from the side lot line rather than the required 0.6m. The Committee considered Development Services Department report DSD-2021-21 dated March 5, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. S. Henderson and M. Kienitz Henderson were in attendance in support of the subject application and staff recommendation. In response to questions, S. Henderson advised there is an existing right-of-way between their property and the neighbouring apartment building. S. Henderson stated it was their intention to install the footings for the proposed carport this year, while installing the fence and the driveway, but the carport is anticipated to be constricted in 2022. In response to further questions, S. Henderson stated the carport will be constructed out of wood and can be maintained in the existing right-of-way. B. McColl suggested consideration be given to imposing a condition requiring the applicant to apply for a building permit. The Chair stated Planning staff have in the past requested the Committee not impose conditions requiring the applicant to obtain a building permit as it can be challenging to clear, stating the Committee just removed in a previous Committee decision earlier this date. Moved by S. Hannah Seconded by B. McColl That the application of MICHELLE KIENITZ HENDERSON and SCOTT HENDERSON requesting permission to construct a carport in the rear of an existing single detached dwelling having an easterly side yard setback of 0.55m rather than the required 1.2m; and, to permit a driveway on a property with an attached carport to be 0m from the side lot line rather than the required 0.6m, on Part Lot 189, Plan 374, being Part 2 on Reference Plan 58R-12386, 25 Margaret Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 48 - CITY OF KITCHENER 11. Submission No.: A 2021- 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried 12. Submission No.: A 2021-021 Applicants: Property Location: 331 Dirftwood Drive Legal Description: Lot 552, Plan 1452 Appearances: In Support: Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert an existing single detached dwelling into a duplex having the required off-street parking space located 2.72m from the front lot line rather than the required 6m. The Committee considered Development Services Department report DSD-2021-26 dated March 8, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. D. was in attendance in support of the subject application and staff recommendation. Moved by B. McColl Seconded by J. Meader That the application of DENIS MATTHEW O'CONNOR requesting permission to convert an existing single detached dwelling into a duplex having the required off-street parking space located 2.72m from the front lot line rather than the required 6m, on Lot 552, Plan 1452, 331 Driftwood Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as pa-making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 49 - CITY OF KITCHENER 13. Submission No.: A 2021-022 Applicants: 2748153 King Street East Property Location: 4278 King Street East Legal Description: -7, 11-13 on Reference Plan 58R-18919 Appearances: In Support: M. Recine A. Alfy A. Arya Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert the existing building into a health clinic with 1,758 sq.m. Gross Floor Area (GFA) having 78 off-street parking spaces (1 space/22 sq.m.) rather than the required 92 off-street parking spaces (1 space/19 sq.m.). The Committee considered Development Services Department report DSD-2021-24 dated March 5, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. M. Recine, A. Alfy and A. Arya were in attendance in support of the subject application and staff recommendation. Moved by S. Hannah Seconded by B. McColl That the application of 2748153 ONTARIO INC. requesting permission to convert the existing building into a health clinic with 1,758 sq.m. Gross Floor Area (GFA) having a parking rate of 1 off-street parking space per 22 sq.m. rather than the required 1 off-street parking space per 19 -7, 11-13 on Reference Plan 58R-18919, 4278 King Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as pa-making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried 14. Submission No.: A 2021-023 Applicants: Savic Homes Ltd. & Savic Holdings Inc. Property Location: 1430 Highland Road West Legal Description: Part Lot 38. German Company Tract, being Parts 6, 8 & 9 on Reference Plan 58R-19911 Appearances: In Support: S. Patterson COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 50 - CITY OF KITCHENER 14. Submission No.: A 2021-023 Contra: A. Portarescu Written Submissions: J. Doherty The Committee was advised the applicant is requesting permission to construct two additional multi- -stories with 128-4 units having each dwelling unit located at ground floor level without an exclusive use patio area whereas the By-law requires ground floor units to have an exclusive use patio area adjacent to the unit with direct access; to permit a variance to By-law 85-1 for a minimum front yard setback of 4.5m, for that portion of a dwelling with a building height not exceeding 10.5m, with an additional setback of 1.5m being required for every additional portion of 3.0m of building height thereafter; and, a minimum setback of 12.75m shall be provided whereas 22.29m is required. The Committee considered Development Services Department report DSD-2021-22 dated March 5, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with this application. Scott Patterson was in attendance in support of the subject application and staff recommendation. Angela Portarescu addressed the Committee in opposition to the subject application, noting as a resident of West Meadow Court she was disappointed with all of the developments that have occurred in the area, specifically the high-rise developments. A. Portarescu indicated with grade change between Highland Road West and West Meadow Court the high-rise buildings will adversely impact the shadows on her property. A. Portarescu further advised the turnover in neighbourhood has been high due to the ongoing development. The Chair noted the written submission from an adjacent property owner, not specifically addressing the requested minor variances outlined in the application, but a request for fencing around the subject property to address issues with trespassing. S. Patterson stated the variances being requested are intended to facilitate the last two buildings proposed for the subject property. S. Patterson indicated the R9 Zone permits the proposed buildings but requires floor specific setbacks as the building increases in height. S. Patterson commented requested setback variance do not permit the buildings to be any closer to the residents in the rear of the property, it actually places the buildings to be closer to Highland Road West. S. Patterson further advised the second variance is to permit the ground floor units to not have exclusive use patio area adjacent to the unit. In response to questions A. Portarescu advised she had additional concerns with safety in the neighbourhood, indicating in her opinion the neighbourhood no longer feels residential. A. Portarescu stated it was her understanding that Savic Homes promised to plant trees to preserve the neighbours privacy, but that has yet to be completed. In response to questions, S. Patterson advised he was not sure this date whether fencing was required at the rear of the property. S. Patterson indicated the development is a plan of condominium, which has already been registered. S. Patterson stated if there were any outstanding Site Plan approval matters required, the plan of condominium could not have been registered. Moved by M. Kidd Seconded by B. McColl COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 51 - CITY OF KITCHENER 14. Submission No.: A 2021-023 That the application of SAVIC HOMES LTD. requesting permission to construct two additional multi- permit a front yard setback of 12.75 metres for that portion of a dwelling greater than 10.5 metres, whereas a minimum front yard setback of 22.29 metres is required: and, to not require an exclusive use patio for units located on the ground floor, whereas the By-law requires exclusive use patios with direct access for units on the ground floor, on Part Lot 38. German Company Tract, being Parts 6, 8 & 9 on Reference Plan 58R-19911, 1430 Highland Road West, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered -making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried CONSENT APPLICATIONS 1. Submission No.: B 2021-009 Applicant: Zoran Bogunovic Property Location: 104 Fifth Avenue Legal Description: Lot 109, Plan 254 Appearances: In Support: Z. Bogunovic Contra: None Written Submissions: T. Rejesky The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 10.059m, a depth of 40.38m and an area of 406.2 sq.m. The retained land will have a width of 10.058m, a depth of 40.38m and an area of 406.2 sq.m. Both parcels are intended for residential use. The Committee considered Development Services Department report DSD-2021-29 dated March 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 March 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 Committee considered the written submission from a neighbouring property owner in opposition to the subject application. Z. Bogunovic was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 52 - CITY OF KITCHENER 1. Submission No.: B 2021-009 Moved by B. McColl Seconded by J. Meader That the application of ZORAN BOGUNOVIC requesting permission to sever a parcel of land having a width of 10.059m, a depth of 40.38m and an area of 406.2 sq.m, on Lot 109, Plan 254, 104 Fifth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are 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 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $$4,627.14. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways are to be built to City of Kitchener 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the owner shall provide Engineering Services with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and a forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner shall 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 prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the lanning showing: i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways. ii. the location of any existing buildings or structures that are to be removed or relocated. iii. the proposed grades and drainage. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 53 - CITY OF KITCHENER 1. Submission No.: B 2021-009 iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition. v. justification for any trees to be removed. vi. outline tree protection measures for trees to be preserved. b. Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require 10. That the owner shall submit the consent application review fee of $350.00 to the Region of Waterloo per new lot created. 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 s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available 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 March 16, 2023. Carried 2. Submission No.: B 2021-010 Applicants: Dragan Markovic Property Location: 54 Third Avenue Legal Description: Lot 37, Plan 254 Appearances: In Support: D. Markovic Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 10.059m, a depth of 40.06m and an area of 402.8 sq.m. The retained land will have a width of 10.058m, a depth of 40.01m and an area of 402.5 sq.m. Both parcels are intended for residential use. The Committee considered Development Services Department report DSD-2021-30 dated March 5, 2021, recommending approval of this application, subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 54 - CITY OF KITCHENER 2. Submission No.: B 2021-010 The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 5, 2021, advising they have no objection to this application subject to the following conditions: 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 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: i. Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservati ii. 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 D. Markovic was in attendance in support of the subject application and staff recommendation. The Chair noted the comments from the Region of Waterloo and requested they be included in the if the Region requested the c Moved by S. Hannah Seconded by M. Kidd That the application of DRAGAN MARKOVIC and NINA MARKOVIC requesting permission to sever a parcel of land having a width of 10.059m, a depth of 40.06m and an area of 402.8 sq.m., on Lot 37, Plan 254, 54 Third 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 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 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 $$4,627.14. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 55 - CITY OF KITCHENER 2. Submission No.: B 2021- 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 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 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. 10. 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 prior to any grading, servicing or the application or issuance of a building permit, the owners shall submit a plan, prepared by a qualified consultant, to the g showing: i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways. ii. the location of any existing buildings or structures that are to be removed or relocated. iii. the proposed grades and drainage. iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition. v. justification for any trees to be removed. vi. outline tree protection measures for trees to be preserved. b. Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or r 11. That the owners shall submit the consent application review fee of $350.00 to the Region of Waterloo per new lot created. 12. That the owners shall enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 56 - CITY OF KITCHENER 2. Submission No.: B 2021-0 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: i. Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment ii. at t 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 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available 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 March 16, 2023. Carried 3. Submission No.: B 2021-011 Applicant: Grand River Conservation Authority Property Location: Fairway Road North & Woolner Trail (Vacant Land) Legal Description: Part of Lot 9 and 14, Registered Plan 591 Appearances: In Support: K. Muir J. Passy S. Antonenko M. Bird Contra: J. McCarten Written Submissions: D. Woolner COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 57 - CITY OF KITCHENER 3. Submission No.: B 2021- The Committee was advised the applicant is requesting permission to sever a vacant irregular shaped parcel at the corner of Fairway Road North and Old Zeller Drive having a width on Old Zeller Drive of approximately 159.862m and an area of 6.92 hectares. The retained land will be irregular in shape approximately 10.5 hectares. The severed lot is proposed to be a new Catholic School site, the retained land will be open space. The Committee considered Development Services Department report DSD-2021-028 dated March 8, 2021, recommending deferral of this application to the April 20, 2021 Committee of Adjustment meeting to allow further dialogue with the Region of Waterloo with regards to their requested conditions. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 5, 2021, advising they have no objection to this application subject to the following conditions: 1. That prior to final approval, the owner/applicant complete a road traffic and aircraft noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic and aircraft noise levels for the severed lands and, if deemed necessary by the Region, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 2. Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: i. the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that 3. That prior to final approval, the owner/applicant complete a stationary noise study for the severed lands to determine the impact of stationary noise sources on on-site and off-site sensitive receptors; and if deemed necessary by the Region, shall enter into an agreement with the City of Kitchener or the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 4. That prior to final approval, the owner/applicant complete a Record of Site Condition for the severed and retained lands, and that a copy of the RSC and copy of the Ministry of the Environment, Conservation and Parks Letter of Acknowledgement be submitted to the Region, to the satisfaction of the Region of Waterloo. 5. That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 6. That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Region of Waterloo. 7. That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 58 - CITY OF KITCHENER 3. Submission No.: B 2021- The Committee considered the report of the Grand River Conservation Authority (GRCA) dated March 1, 2021 advising although they have no objection this application, they noted the subject lands contain the Grand River and its floodplain. They further advised due to the presence of the river and its floodplain, any future development proposed within GRCA regulated areas will require prior issuance of a GRCA permit pursuant to Ontario Regulation 150/06. Moved by B. McColl Seconded by M. Kidd That the application of Grand River Conservation Authority requesting permission to sever a vacant irregular shaped parcel at the corner of Fairway Road North and Old Zeller Drive having a width on Old Zeller Drive of approximately 159.862m and an area of 6.92 hectares. The retained land will be irregular in shape approximately 10.5 hectares, BE DEFERRED to the April 20, 2021 Committee of Adjustment meeting to allow additional time to consult with the Region of Waterloo regarding their requested conditions, on Part of Lot 9 and 14, Registered Plan 591, Fairway Road North & Woolner Trail (Vacant Land), Kitchener, Ontario. Carried 4. Submission No.: B 2021-012 Applicant: Timothy Ridge Building and Design Ltd. Property Location: 140-142 Weichel Street Legal Description: Part Lot 4, Plan 793, being Part 1 on Reference Plan 58R-20362 Appearances: In Support: R. Hallman Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.6m, a depth of 37.102m and an area of 276.79 sq.m. The retained land will have a width of 7.6m, a depth of 38.041m and an area of 279.96 sq.m. The Committee considered Development Services Department report DSD-2021-27 dated March 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 March 5, 2021, advising they have no objection to this 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 unit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) will be registered with the following noise warning clauses on title: COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 59 - CITY OF KITCHENER 4. Submission No.: B 2021-012 i. traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 & ii. 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 R. Hallman was in attendance in support of the subject application and staff recommendation. The Chair noted the comments from the Region of Waterloo and requested they be included in the Moved by B. McColl Seconded by J. Meader That the application of TIMOTHY RIDGE BUILDING AND DESIGN LTD. requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.6m, a depth of 37.102m and an area of 276.79 sq.m. The retained land will have a width of 7.6m, a depth of 38.041m and an area of 279.96 sq.m., on Part Lot 4, Plan 793, being Part 1 on Reference Plan 58R-20362, 140-142 Weichel 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 there are no outstanding taxes on the subject property to the satisfaction of the 2. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards 3. That the owner shall submit the consent application review fee of $350.00 to the Region of Waterloo per new lot created. 4. That the owner shall enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling unit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) will be registered with the following noise warning clauses on title: i. road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 60 - CITY OF KITCHENER 4. Submission No.: B 2021- ii. condi 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 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available 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 March 16, 2023. Carried 5. Submission No.: B 2021-013 Applicant: Timothy Ridge Building and Design Ltd. Property Location: 146-148 Weichel Street Legal Description: Part Lot 4, Plan 793, being Part 2 on Reference Plan 58R-20362 Appearances: In Support: R. Hallman Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.6m, a depth of 38.041m and an area of 283.44 sq.m. The retained land will have a width of 7.6m, a depth of 38.98m and an area of 286.91 sq.m. The Committee considered Development Services Department report DSD-2021-27 dated March 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 March 5, 2021, advising they have no objection to this 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. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 61 - CITY OF KITCHENER 5. Submission No.: B 2021-013 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 unit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) will be registered with the following noise warning clauses on title: i. traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 & ii. conditioning at the occupant 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 R. Hallman was in attendance in support of the subject application and staff recommendation. The Chair noted the comments from the Region of Waterloo and requested they be included in the Moved by B. McColl Seconded by J. Meader That the application of TIMOTHY RIDGE BUILDING AND DESIGN LTD. requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.6m, a depth of 38.041m and an area of 283.44 sq.m. The retained land will have a width of 7.6m, a depth of 38.98m and an area of 286.91 sq.m., on Part Lot 4, Plan 793, being Part 2 on Reference Plan 58R-20362, 146-148 Weichel 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 there are no 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 3. That the owner shall submit the consent application review fee of $350.00 to the Region of Waterloo per new lot created. 4. That the owner shall enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 62 - CITY OF KITCHENER 5. Submission No.: B 2021- a. The dwelling unit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) will be registered with the following noise warning clauses on title: i. creasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 & ii. 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 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available 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 March 16, 2023. Carried COMBINED APPLICATIONS: 1. Submission No.: B 2021-014, A 2021-024 & 025 Applicant: Jaspal & Manpreet Virk Property Location: 172 Windale Crescent Legal Description: Lot 1, Plan 58M-442 Appearances: In Support: B. Jokanovic Contra: B. Fuller-Skyers Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 63 - CITY OF KITCHENER 1. Submission No.: B 2021-014, A 2021-024 & 025 The Committee was advised the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.721m, a depth of 26.138m and an area of 220 sq.m. The retained land will have a width of 8.429m, a depth of 26.10m and an area of 220 sq.m. Permission is also being requested for a minor variance on the severed land to permit a lot area of 220 sq.m. rather than the required 235 sq.m.; and, permission for a minor variance on the retained land to permit a lot area of 220 sq.m. rather than the required 235 sq.m. The Committee considered Development Services Department report DSD-2021-31 dated March 4, 2021, recommending approval of these 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 March 5, 2021, advising they have no objection to application B 2021- 014 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 Region of Waterloo 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 unit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. That prior to issuance of a building permi or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. 3. The dwelling unit(s) will be registered with the following noise warning clauses on title: i. measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of ii. 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 The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 23, 2021 advising they have no concerns with applications A 2021-024 and A 2021-025. B. Jokanovic was in attendance in support of the subject application and staff recommendation. The Chair noted the comments from the Region of Waterloo and requested they be included in the . Additionally, D. Cybalski noted the comments from Operation staff for reference of the applicant, acknowledging that the comments likely could not be imposed as a condition, but to be aware of the comment specifically related to the street tree located in the boulevard. Britta Fuller-Skyers indicated she was not in complete opposition to the subject application. B. Fuller-Skyers stated she was in support, pending confirmation of what conditions were being B. Fuller-Skyers questioned what the COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 64 - CITY OF KITCHENER 1. Submission No.: B 2021-014, A 2021-024 & 025 proposed front yard setback of new dwelling and whether it would be similar to the balance of the streetscape. B. Fuller-Skyers indicated from the plans outlined in the application, the front yard setback is proposed at 4.6m which would be considerably closer than the rest of the properties on the street. B. Jokanovic advised the front porch is intended to be 4.6m from the street line and will have a second story inline with the front porch. In response to questions, J. von Westerholt stated the only minor variances being requested are related to a reduction in lot area. It was noted no additional variances were required for the construction of the dwelling. Submission No.: B 2021-014 Moved by J. Meader Seconded by S. Hannah That the application of JASPAL SINGH VIRK and MANPREET KAUR VIRK requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.721m, a depth of 26.138m and an area of 220 sq.m. The retained land will have a width of 8.429m, a depth of 26.10m and an area of 220 sq.m., on Lot 1, Plan 58M-442, 172 Windale Street, 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 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 3. That Minor Variance Applications A 2021-024 & A 2021-025 shall receive final approval. 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 lding to the satisfaction of 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 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. COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 65 - CITY OF KITCHENER 1. Submission No.: B 2021-014, A 2021-024 & 025 10. That the owners shall submit the consent application review fee of $350.00 to the Region of Waterloo per new lot created. 11. That the owners shall enter into an agreement with the Region of Waterloo 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 unit(s) must be installed with air-ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: i. control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, ii. 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 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 int-making process with respect to the subject application. For more information please review the meeting minutes, which are available 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 March 16, 2023. Carried COMMITTEE OF ADJUSTMENT MINUTES MARCH 16, 2021 - 66 - CITY OF KITCHENER 1. Submission No.: B 2021-014, A 2021-024 & 025 Submission No.: A 2021-024 Moved by J. Meader Seconded by S. Hannah That the application of JASPAL SINGH VIRK and MANPREET KAUR VIRK requesting permission for the retained land identified in Consent Application B 2021-014 to have a lot area of 220 sq.m. rather than the required 235 sq.m, on Lot 1, Plan 58M-442, 172 Windale Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as pa-making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried Submission No.: A 2021-025 Moved by J. Meader Seconded by S. Hannah That the application of JASPAL SINGH VIRK and MANPREET KAUR VIRK requesting permission for the severed land identified in Consent Application B 2021-014 to have a lot area of 220 sq.m. rather than the required 235 sq.m., on Lot 1, Plan 58M-442, 172 Windale Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered sion-making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca Carried ADJOURNMENT On motion, the meeting adjourned at 12:08 p.m. Dated at the City of Kitchener this 16th day of March, 2021. Dianna Saunderson Secretary-Treasurer Committee of Adjustment