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HomeMy WebLinkAboutCA - 2021-04-20COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 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 C. Dumart, Planner S. Goldrup, Committee Administrator D. Saunderson, Secretary-Treasurer MINUTES Moved by B. McColl Seconded by J. Meader That the regular minutes of the Committee of Adjustment meeting held March 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 Written Submissions: Neighbourhood Petition C. Laderoute 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-2021-23 dated March 5, 2021, recommending approval of this application, subject to the conditions outlined in the Report; as well as, Development Services Department report DSD-2021-55 dated April 12, 2021, which was a follow-up reported the requested from the deferral from the Commi 16, 2021. 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: COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 68 - CITY OF KITCHENER 1. Submission No.: B 2020- 1. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. Michael Krause and Owen Scott were in attendance in support of the subject application and staff recommendation. Christine Laderoute and Luanne Geisel were in attendance in opposition to the subject application. C. Laderoute expressed concerns with the age of the smokehouse/shed noting she had provided newspaper articles for the that help to corroborate the construction date, which is beyond what was identified in the Heritage Impact Assessment provided with the application. C. Laderoute stated additional concerns related to: the proposed height and setbacks of the semi-detached dwelling; concerns for on-street parking; and, the location of the fence between the proposed severed parcel and the property municipally addressed as 58 Brookside Crescent. M. Krause stated he has tried to respond to the concerns of the neighbourhood, noting ultimately, he would rely on City approvals for what would be constructed on the proposed lot. M. Krause indicated through this process there have been false statements made about the dwelling constructed to the right of the subject property, noting when he completed that severance he sent a letter to the adjacent neighbours advising of this intentions related to that development. M. Krause noted the written submission provided by the neighbours related to the subject application include statements about that development that are factually inaccurate. M. Krause further advised he has done significant work since the March Committee of Adjustment to meeting to address the concerns of the neighbourhood and has proposed several changes including increasing the front yard setback of the proposed dwelling, as well as decreasing the size of the proposed lots. In response to comments related to the garden suite which is intended to be retained on the subject property, M. Krause stated in his opinion that building should have no relevance to the requested application. G. Stevenson advised Planning staff held an electronic meeting with the neighbourhood as soon as elevation drawings were received. Discissions took place related to possible solutions or changes that may be required to address the concerns of the neighbourhood. Although all of the changes proposed by the applicant may not address the full limit of concerns raised, the applicant has proposed reducing the size of the lots, as well as the footprint of the building, and increasing the front yard setback more inline with the property municipally addressed as 58 Brookside Crescent. G. Stevenson further advised the building has also been staggered at the request of the sed in orientation so the porch rather than the garage is adjacent to 58 Brookside Crescent. In response to questions, G. Stevenson advised the applicant has expressed the desire to maintain the shed currently located at the rear of the proposed severed lot as Council at its most recent Planning & Strategic Initiatives Committee considered a report that would permit the use of Tiny By-law. The applicant wishes to maintain the shed/garden suite as a small dwelling unit on the subject property. Questions were raised regarding the condition outlined in the staff report related to the applicant requiring approval of the elevation drawings but he Director of Planning and whether it should be updated to include reference to elevation drawings circulated to the Committee this date. G. Stevenson stated if the Committee would like to provide additional direction related to the elevation drawings that condition could be amended, but ultimately the condition clearance should still be to the satisfaction of the Director of Planning as they are the only ones with the authority to provide that approval. B. McColl advised he had done a site visit of the property and expressed concerns with the development that was constructed to the right of the subject property through the previous severance application and its compatibility with the neighbourhood. B. McColl noted the elevation drawings submitted for the new lot do seem more consistent with the neighbourhood. B. McColl indicated he was in support of the revised front yard setback and the proposed building being more staggered in relation to the adjacent property. B. McColl further advised he would have preferred to see additional information related to the shed and how it was constructed to possibly confirm the date its construction. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 69 - CITY OF KITCHENER 1. Submission No.: B 2020- In response to questions, L. Geisel advised she is still not satisfied with the subject application, regardless of the proposed changes suggested by the applicant. In response to questions, G. Stevenson advised the setback of the proposed semi-detached dwelling would have a setback of 7.8m whereas the property municipally addressed as 58 Brookside Crescent currently has a setback of 7.5m which determined mapping software. M. Krause stated comments were made about the materials used to construct the shed, noting it has a newer cedar roof, parging, wiring, newer garage door and stonework which similar but not consistent with the original home. M. Krause stated he received a letter from C. Laderoute prior the to meeting this date and the letter suggests a personal and emotional attachment with a previous property owner and specific attributes of the property. M. Krause stated the in his opinion the reasons that have been expressed by the neighbourhood should not prevent this project from moving forward. J. Meader stated the comments made about the desire to retain the coach house at the rear of the proposed severed not being relevant, in her opinion is inaccurate. The proposed severance creates an irregular shaped lot, noting when the Committee considers a severance application the Planning Act has criteria outlined in Section 51 (24), which states the shape and dimensions of the new lots, is one of the criteria that must be considered when approving a severance. J. Meader commented the purpose for maintaining that portion of the property would be to maintain additional living space although staff are supportive of that proposed lots, she did still have some concern with the proposed lot fabrics. S. Hannah stated he is in opposition with the subject application. S. Hannah noted the proposed lot severance is for the creation of one lot, theoretically someone could construct a single detached dwelling rather than the proposed semis. S. Hannah stated if the Committee approves the application the recommendation may need to be amended to approve the proposed depth of 31.69m which was included in the elevation drawings submitted to the Committee this date. S. Hannah stated it would be his preference to see a severance application that was the full depth of the property rather than retaining the coach house in the rear of the severance. B. McColl advised he was in agreement with the comments from the previous Committee members, if the proposed lots included the whole depth of the property and the proposed guest cottage was removed than the footprint of the project could be setback approximately 12m from the property line. B. McColl indicated he was in agreement with staff and the proposed setback with 54 Brookside Crescent is almost inline with 58 Brookside Crescent. B. McColl stated he could support the application if the guest cottage was removed and the severance went the full depth of the property. With higher density targets, he would be in support of subject application. M. Kidd stated the existing dwelling is aesthetically pleasing that should be retained. M. Kidd indicated he was in support of extending the use of the property and as long as the proposed dwelling was consistent in with the neighbourhood or even the farmhouse, there is balance that could be achieved. D. Cybalski stated the Committee must take into consideration of lot fabric and how the proposed lots would suit with the adjacent properties. D. Cybalski generally when new lots are created the severance would not leave a remanent portion in the rear, that is not necessarily good planning. In response to questions, G. Stevenson advised the R4 Zone permits a front yard setback of 4.5m for a porch and 6m for proposed garage with the required parking. G. Stevenson indicated the R4 Zoning does permit a semi-detached dwellings and if the Committee did consider approving the application the decision would need to be amended to reflect a depth of 31.69m to have greater separation between the dwelling. The Chair noted the only matter before the Committee this date is a severance application, stating the applicant has proposed concessions to address the concerns of the neighbourhood noting the permitted Zoning would allow him to construct closer to the lot line than what is being proposed. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 70 - CITY OF KITCHENER 1. Submission No.: B 2020- S. Hannah noted he was leaning towards requesting a deferral, noting concerns with amending the Heritage Designation By-law to remove the severed property from the designation. S. Hannah further advised currently he was unable to support the size and shape of the lot as proposed, indicting the proposed elevations do not adequately address his concerns. S. Hannah stated he was hoping to see a setback on the left adjacent to 58 Brookside Crescent of 7.8m and 10.96m adjacent to the heritage dwelling. S. Hannah further advised he would prefer to see a severance going the entire depth of the property. J. Meader stated if the Committee was considering a deferral of the application, from the comments previously stated from the Committee members, it would permit the applicant an opportunity to reconsider the size and shape of the proposed lot. From the comments expressed from the applicant it appears he is unwilling to amend his application to include the back portion of the property containing the garden suite. S. Hannah stated he is not able to support this application as proposed. B. McColl questioned whether the Committee was interested in a further deferral to review the front yard setback. S. Hannah indicated he was only willing to defer the application if the applicant was willing to revisit the size of the proposed severance. M. Krause stated he was disappointment with some of the comments being expressed. M. Krause advised the garden suite which is proposed to be maintained has been occupied for 6-years. The unit has adequate parking on the subject property and the use of the dwelling will be permitted pending approval of the Zoning By-law amendment which addresses tiny homes. M. Krause stated he was not willing to consider the removal of the garden suite. M. Krause indicated he was reluctant to accept a deferral, but a premature decision of the Committee would be made if staff required additional information on the use of the garden suite. B. McColl stated it appears there is some confusion on the current situation related to the garden suit at the rear of the proposed severance, one plan noting building as a shed, another plan noting it as a garden suite. B. McColl stated the applicant has accepted the option for a deferral for additional information to be provided. B. McColl brought forward a motion to defer the subject application to get more clarification on the heritage aspect the of entire property and whether the front yard setbacks of the proposed dwelling could be more sympathetic to the adjacent properties. G. Stevenson requested clarification on the scope of the deferral, noting specifically related to additional information related to the heritage of the property, a Heritage Impact Assessment was provided and considered by Heritage Kitchener in support of the application. the entire property. B. McColl questioned whether modification would be required to update the heritage designation. G. Stevenson noted the condition would give the City the authority to amend the designation by-law to remove reference to the severed property within the designation. G. Stevenson stated if the committee was considering a deferral staff would require the full nature of the deferral and what additional information the Committee may require in advance of the May meeting. In response to further questions, G. Stevenson advised the heritage designation by-law addresses the home and the architectural style of the dwelling, it does not reference the shed or garage of having historical significance. In response to questions, B. McColl indicated the garage, smokehouse and shed are of no historical value and that they were bult to suit the style of the dwelling and they have not been substantiated to be heritage items. In regard to the comments from G. Stevenson related to the heritage designation B. McColl removed the request for additional heritage information from his motion to defer. S. Hannah indicated he would like to see a revised site plan that would see setbacks that were more sympathetic to both 58 Brookside Crescent and 50 Brookside Crescent, as well as information related to the use of the garden shed. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 71 - CITY OF KITCHENER 1. Submission No.: B 2020- B. McColl brought forward a motion to defer the subject application to get additional clarification on the garden suite and its current uses; as well as the front yard setback and whether they can be more sympathetic with the adjacent properties municipally addressed as 58 and 50 Brookside Crescent. Moved by B. McColl Seconded by M. Kidd That the application of MICHAEL KRAUSE requesting permission to sever a parcel of land on the westerly edge of the property (future municipal address 52-54 Brookside Crescent), having an approximate width of 16.2m, a depth of 33.5m and an area of 542.7 sq.m. BE DEFERRED to the May 18, 2021 Committee of Adjustment meeting to get additional clarification on the garden suite and its current uses; as well as the front yard setback and whether they can be more sympathetic with the adjacent properties municipally addressed as 58 and 50 Brookside Crescent, 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 APPLICATION: 1. Submission No.: A 2021-031 Applicants: Varinder Purewal and Rajvinder (Bobbie) Chatha Property Location: 660 Avondale Avenue Legal Description: Lot 16 & Part Lot 17, Plan 349 Appearances: In Support: J. O'Malley V. Purewal R. Chatha Contra: D. & M. Reid E. Plach & R. Wallwork J. Robinson T. Glover B. Trotter F. Millard Written Submissions: A. Stahlke G. Smith D. & M. Reid R. Donaldson J. Finney J. Robinson J. McCormick M. Cadotte & E. McCarron C. Boehmer S. Munroe T. Glover B. Trotter F. Millard C. Trotter E. Plach & R. Wallwork The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a rear yard setback 4.7m rather than the required 7.5m. The existing dwelling will be demolished. The Committee considered Development Services Department report DSD-2021-57 dated April 13, 2021 recommending deferral of the subject application to provide an opportunity for the owner to prepare and submit a satisfactory Tree Preservation / Enhancement Plan, in advance of a decision by the Committee of Adjustment. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 7, 2021 advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 72 - CITY OF KITCHENER 1. Submission No.: A 2021- Moved by B. McColl Seconded by S. Hannah That the application of Varinder Purewal and Rashvinder Chatha requesting permission to construct a single detached dwelling having a rear yard setback 4.7m rather than the required 7.5m BE DEFERRED to the May 18, 2021 Committee of Adjustment meeting to allow additional time for the applicant to opportunity for the owner to prepare and submit a satisfactory Tree Preservation / Enhancement Plan, on Lot 16 & Part Lot 17, Plan 349, 660 Avondale Avenue, Kitchener Ontario. Carried COMBINED APPLICATIONS: 1. Submission No.: B 2021-011 and A 2021-033 Applicant: Grand River Conservation Authority Property Location: Fairway Road and Woolner Trail Legal Description: Part of Lot 9 and 14, Registered Plan 591 Appearances: In Support: K. Muir J. Passey Contra: None Written Submissions: D. Woolner L. Kotseff The Committee was advised the applicant is requesting permission to sever a parcel of land that is approximately 6.92 hectares (17.1 acres) in size. The Committee considered Development Services Department report DSD-2021-53 dated April 11, 2021, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 18, 2021, advising they have no objection to application B 2021- 014 subject to the following conditions: 1. The owner/applicant is required to enter into an agreement with the Regional Municipality of Waterloo to complete a detailed environmental/stationary noise study prior to Site Plan approval for the severed lands and, if necessary, enter into a further supplementary agreement to secure implementation of the recommendations of the noise study. 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. comprising 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 directional lighting along this flight path 3. 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 73 - CITY OF KITCHENER 1. Submission No.: B 2021-011 and A 2021- 4. 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 7, 2021 advising they have no concerns with applications A 2021-033. The Committee considered the report from the Grand River Conservation Authority, dated March 1, 2021 advising they have no concerns with the subject application. The Chair noted a clerical error in the staff report, stating the approval should remove the request e Comments from the Region of Waterloo and Grand River Conservation Authority (GRCA) should be included in the Kevin Muir and Jennifer Passy were in attendance in support of the subject application and staff recommendation. Submission No.: B 2021-011 Moved by J. Meader Seconded by S. Hannah 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, on Part of Lot 9 and 14, Registered Plan 591, Fairway Road and Woolner Trail, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the 2. The owner shall to enter into an agreement with the Regional Municipality of Waterloo to complete a detailed environmental/stationary noise study prior to Site Plan approval for the severed lands and, if necessary, enter into a further supplementary agreement to secure implementation of the recommendations of the noise study. 3. The owner shall 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: y comprising 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 directional lighting along this flight path may cause concern to some individua 4. That the owner shall remove any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 5. That the owner shall enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. 6. That the owner shall receive final approval of Minor Variance application A2021-033. 7. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the application review fee. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 74 - CITY OF KITCHENER 1. Submission No.: B 2021-011 and A 2021- 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the 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 April 20, 2023. Carried Submission No.: A 2021-033 Moved by J. Meader Seconded by S. Hannah That the application of GRAND RIVER CONSERVATION AUTHORITY requesting permission for the severed land identified in Consent Application B 2021-011 intended for use by the Waterloo Catholic District School board to have a lot width of 150m rather than the required 300m; and, an area of 6.9 hectares rather than the required 40 hectares, on Part of Lot 9 and 14, Registered Plan 591, Fairway Road and Woolner Trail (Vacant Land), 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 and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried NEW BUSINESS : MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2021-019 Applicant: Milestone Developments Inc. Property Location: 30 Waterbow Trail Legal Description: Lot 59, Plan 58M-605 Appearances: In Support: P. Haramis COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 75 - CITY OF KITCHENER 1. Submission No.: A 2021- 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; a southerly side yard abutting Valleybrook Drive for a non-enclosed porch of 2.74m rather than the required 3m; and, a driveway setback of 7.6m from the intersection of Waterbow Trail and Valleybrook Drive rather than the required 9m. The Committee considered Development Services Department report DSD-2021-33 dated March 5, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 7, 2021 advising they have no concerns with the subject application. Moved by B. McColl Seconded by Mike Kidd 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; a southerly side yard abutting Valleybrook Drive for a non-enclosed porch of 2.74m rather than the required 3m; and, a driveway setback of 7.6m from the intersection of Waterbow Trail and Valleybrook Drive rather than the required 9m, on Lot 59, Plan 58M-605, 30 Waterbow Trail, 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 and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried 2. Submission No.: A 2021-026 Applicants: Katrina Cove-Shannon Property Location: 11 Whitney Place Legal Description: Lot 260, Subdivision of Lot 17, German Company Tract Appearances: In Support: T. Bauman Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to reconstruct the front porch on an existing single detached dwelling having an easterly side yard setback of 0.78m rather than the required 1.2m; a front porch setback of 2.64m rather than the required 4.7m; and, a 2.64m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the 4.5m DVT. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 76 - CITY OF KITCHENER 2. Submission No.: A 2021-026 The Committee considered Development Services Department report DSD-2021-056 dated April 13, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 7, 2021 advising they have no concerns with this application. Moved by S. Hannah Seconded by J. Meader That the application of KATRINA COVE-SHANNON requesting permission to reconstruct the front porch on an existing single detached dwelling having an easterly side yard setback of 0.78m rather than the required 1.2m; a front yard setback of 2.64m rather than the required 4.7m; and, for the proposed porch to encroach into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the 4.5m DVT, on Lot 260, Subdivision of Lot 17, German Company Tract,11 Whitney Place, 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 and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried 3. Submission No.: A 2021-027 Applicants: Milos Posavljak Property Location: 573 Guelph Street Legal Description: Lot 17, Plan 749 Appearances: In Support: I. Cekic M. Posavljak Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to construct a semi- detached dwelling on a lot having a width of 14.96m rather than the required 15m; and, an easterly side yard setback of 0.94m and a westerly side yard setback of 0.91m rather than the required 1.2m. The Committee considered Development Services Department report DSD-2021-19 dated April 9, 2021 recommending approval of the subject application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 7, 2021 advising they have no concerns with this application. Ivana Cekic and Milos Posavljak were in attendance in support of the subject application. In response to questions I. Cekic indicated she was not aware this date of that windows would not be permitted in the side façade of the dwelling. S. Hannah noted if windows are preferred in the side yard the Building Code will require a side yard setback of 1.2m. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 77 - CITY OF KITCHENER 3. Submission No.: A 2021- Moved by J. Meader Seconded by B. McColl That the application of MILOS POSAVLJAK requesting permission to construct a semi-detached dwelling on a lot having a width of 14.96m rather than the required 15m; and, an easterly side yard setback of 0.94m and a westerly side yard setback of 0.91m rather than the required 1.2m, on Lot 17, Plan 749, 573 Guelph Street, 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 and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried 4. Submission No.: A 2021-028 Applicants: Ilsedore Kautsky Property Location: 11 Springdale Drive Legal Description: Lot 5, Plan 1129 Appearances: In Support: I. Kautsky N. Kautsky Contra: None. Written Submissions: None. The Committee was advised the applicants are requesting permission to have a home office in the basement of an existing single detached dwelling having one off-site employee whereas the By-law does not permit off-site employees; and, to 2 separately accessed off-street parking spaces rather than the required 3 separately accessed off-street parking spaces. The Committee considered Development Services Department report DSD-2021-59 dated April 12, 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 April 7, 2021 advising they have no concerns with this application. Ilsedore Kautsky and Nadine Kautsky were in attendance in support of the subject application. I. Kautsky provided an overview of the subject application, stating the employee that attends her home is her daughter who lives on the same street and walks to the subject property. Questions were raised regarding the width of the driveway, J. von Westerholt noted the applicant would prefer not to widen the driveway, stating he need for the variance is to allow the reduction in one required parking space. The applicant would have required 3 off-street parking space and the property can only accommodate 2 off-street spaces. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 78 - CITY OF KITCHENER 4. Submission No.: A 2021- S. Hannah suggested and it was agreed that the deadline outlined in Condition 2 of the staff report should be June 1, 2022 rather than June 1, 2021 to allow additional time for the applicant to obtain their occupancy certificate. Moved by S. Hannah Seconded by B. McColl That the application of ILSEDORE KAUTSKY requesting permission to have a home business (office for online sales) having one employee in an existing single detached dwelling to have 2 separately accessed off-street parking spaces rather than the required 3 separate off-street parking spaces, on Lot 5, Plan 1129, 11 Springdale Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. The owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division. 2. That condition 1 above be completed by June 1, 2022. 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 considered and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried 5. Submission No.: A 2021-029 Applicant: Chris Coles Property Location: 20 Munroe Street Legal Description: Part Lot 19, Registered Plan 861 Appearances: In Support: C. Coles 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 located 1m from the property line rather than the required 6m. The Committee considered Development Services Department report DSD-2021-44 dated April 9, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 7, 2021 advising they have no concerns with this application. Chris Coles was in attendance in support of the application. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 79 - CITY OF KITCHENER 5. Submission No.: A 2021-029 In response to questions, J. von Westerholt advised if the applicant is required to widen the driveway to accommodate the conversion of the garage, it would not necessarily necessitate the requirement to cut the curb. D. Seller stated if and when a property owner requests a driveway widening staff would review whether a curb cut was required and whether it would impact any boulevard trees, or street furniture etc. S. Hannah brought a motion forward to approve the subject application, including a condition that the owner shall widen the driveway to accommodate 2-off street parking spaces to the satisfaction of the Director of Planning prior to the issuance of a building permit. Moved by S. Hannah Seconded by B. McColl That the application of CHRISTOPHER NORMAN COLES requesting permission to convert an existing single detached dwelling into a duplex having the required off-street parking located 1m from the property line rather than the required 6m, on Part Lot 19, Registered Plan 861, 20 Munroe Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall widen the driveway to accommodate 2-off street parking spaces to the satisfaction of the Director of Planning prior to the issuance of a building permit. 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 on the www.kitchener.ca Carried 6. Submission No.: A 2021-030 Applicants: 2441912 Ontario Inc. Property Location: 80 Courtland Avenue East Legal Description: Lot 191, Subdivision of Lot 17, German Company Tract Appearances: In Support: C. Lusty A. Sinclair Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to convert the existing office building into a health office having a parking rate of 1 off-street parking space per 26 sq.m. of Gross Floor Area (GFA) rather than the required 1 off-street parking space per 15 sq.m. GFA. The Committee considered Development Services Department report DSD-2021-45 dated April 9, 2021 recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 7, 2021 advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 80 - CITY OF KITCHENER 6. Submission No.: A 2021- Andrea Sinclair and Chris Lusty were in attendance in support of the subject application. A. Sinclair noting following a discussion and confirmation with City staff she requested Condition 1 of the staff recommendation be amended to note the requirement of a Stamp Plan B Site Plan approval, noting the wording could suggest full Site Plan approval being required. J. von Westerholt indicated if the applicant has clarified that requirement, she indicated she had no concerns with amending the condition to specify Stamp Plan B Site Plan approval. The Committee agreed to amend Condition 1 of the staff recommendation to indicate the requirement of a Stamp Plan B Site Plan approval. Moved by B. McColl Seconded by S. Hannah That the application of 2441912 ONTARIO INC requesting permission to convert the existing office building into a health office having a parking rate of 1 off-street parking space per 26 sq.m. of Gross Floor Area (GFA) rather than the required 1 off-street parking space per 15 sq.m. GFA, on Lot 191, Subdivision of Lot 17, German Company Tract, 80 Courtland Avenue East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain Stamp Plan B Site plan approval to the satisfaction of the Manager of Site Development and Customer Service. 2. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division to establish the Health Office/Clinic use on the property. 3. That the owner shall complete all conditions prior to June 1st, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions, will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried M. Kidd left the meeting at this time. 7. Submission No.: A 2021-032 Applicants: Stephanie Catcher and George Chambers Property Location: 81 Waterloo Street Legal Description: Part Lot 382, Plan 378 Appearances: In Support: S. Catcher Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 81 - CITY OF KITCHENER 7. Submission No.: A 2021-032 The Committee was advised the applicant is requesting permission to construct a roof over an existing deck in the rear yard of a single detached dwelling having a rear yard setback of 4m rather than the required 7.5m. The Committee considered Development Services Department report DSD-2021-48 dated April 8, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 7, 2021 advising they have no concerns with this application. Stephanie Catcher were in attendance in support of the subject application and staff recommendation. In response to questions, S. Catcher stated the proposed covered deck will be one storey in height but will be fully enclosed with screens and a lock for added security on the property. s date include that the approval is for a 1-storey covered porch. Moved by S. Hannah Seconded by J. Meader That the application of GEORGE PATRICK CHAMBERS and STEPHANIE DIANA CATCHER requesting permission to construct a 1-storey covered deck in the rear yard of a single detached dwelling having a rear yard setback of 4m rather than the required 7.5m, on Part Lot 382, Plan 378, 81 Waterloo 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried CONSENT APPLICATIONS 1. Submission No.: B 2021-015 Applicants: Novacore (83 Elmsdale Drive) Inc. Property Location: 83 Elmsdale Drive Legal Description: Part Lots 3 & 4, Municipal Compiled Plan 1021, Part Lot 1, Municipal Compiled Plan 1022 and Part Lot 3 Municipal Compiled Plan 1026 Appearances: In Support: T. Collins Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 82 - CITY OF KITCHENER 1. Submission No.: B 2021- The Committee was advised the applicant is requesting permission to grant three easements for sanitary services available along the Ottawa Street property frontage to facilitate development; Easement 1 on the plan submitted with the application being irregular in shape having a width of 5m, an overall length of 152.3m and an area of 761.3 s.m. in favour of Parcel C; Easement 2 on the plan submitted with the application having a width of 5m, a length of 5.5m and an area of 27.5 sq.m. in favour of Parcels C and D; and, Easement 3 having a width of 5m, a length of 161.1m and an area of 805.6 sq.m. in favour of Parcel D. The property was previously subject to Consent applications which created the parcels and established additional easements. The Committee considered Development Services Department report DSD-2021-49 dated April 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 April 9, 2021 advising they have no concerns with this application. Moved by S. Hannah Seconded by B. McColl That the application of NOVACORE (83 ELMSDALE DRIVE) INC. requesting permission to grant three easements for sanitary services available along the Ottawa Street property frontage to facilitate development; Easement 1 on the plan submitted with the application being irregular in shape having a width of 5m, an overall length of 152.3m and an area of 761.3 s.m. in favour of Parcel C; Easement 2 on the plan submitted with the application having a width of 5m, a length of 5.5m and an area of 27.5 sq.m. in favour of Parcels C and D; and, Easement 3 having a width of 5m, a length of 161.1m and an area of 805.6 sq.m. in favour of Parcel D, on Part Lots 3 & 4, Municipal Compiled Plan 1021, Part Lot 1, Municipal Compiled Plan 1022 and Part Lot 3 Municipal Compiled Plan 1026, 83 Elmsdale Drive, 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 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the 3. That the Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto). b. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That the owner shall provide Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 83 - CITY OF KITCHENER 1. Submission No.: B 2021- 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 i-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the 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 April 20, 2023. Carried 2. Submission No.: B 2021-016 Applicants: Revalue Properties Inc. Property Location: 83 Second Avenue Legal Description: Appearances: In Support: B. Jokanovic 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 8.23m, a depth of 40.234m and an area of 331 sq.m. The retained land will have a width of 8.23m, a depth of 40.234m and an area of 331 sq.m. The existing dwelling will be demolished. The Committee considered Development Services Department report DSD-21-052 dated April 9, 2021recommending 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 April 9, 2021 advising they have no concerns with 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 will be fitted with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the b) That prior to the Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. c) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 84 - CITY OF KITCHENER 2. Submission No.: B 2021-d) i. The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air n. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). Boban Jokanovic was in attendance in support of the subject application and staff recommendation. The Chair requested the Regional Conditions be included in the Committees decision this date. It was further suggested and agreed that Condition 10 of the staff report be amended to reference Moved by B. McColl Seconded by J. Meader That the application of REVALUE PROPERTIES INC 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 8.23m, a depth of 40.234m and an area of 331 sq.m. The retained land will have a width of 8.23m, a depth of 40.234m and an area of 331 sq.m., on Registered Plan 254, 83 Second Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the 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 $3785.80. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways are to be built to City of Kitchener atisfaction of 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. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 85 - CITY OF KITCHENER 2. Submission No.: B 2021- 8. That the owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b) The owner further agrees to implement the approved plan. No changes to the Planning and the Director of Parks and Cemeteries. c) That the Owner ensures any boulevard trees identified by the City for retention are building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject 10. That the owner shall obtain a demolition permit for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official. 11. 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 will be fitted with forced air-ducted heating system suitably sized and desi discretion. b) certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. c) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: i. sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the 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 Waterloo Region and the Ministry of the Environment Conservation and Parks (MEC 12. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 86 - CITY OF KITCHENER 2. Submission No.: B 2021- 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the 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 April 20, 2023. Carried 3. Submission No.: B 2021-017 Applicant: 2611601 Ontario Inc. Property Location: 82 Pattandon Avenue Legal Description: Part Lots 14 & 15, Registered Plan 384 Appearances: In Support: J. Hale Contra: J. Lazarte J. Steckley C. & G. Rito Z. Harvey D. Hunsperger Written Submissions: B. Pejanovic 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 7.62m, a depth of 37.97m and an area of 289 sq.m. The retained land will have a width of 7.62m, a depth of 37.97m and an area of 289 sq.m. The existing dwelling will be demolished. The Committee considered Development Services Department report DSD-2021-47 dated April 9, 2021, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated April 9, 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: COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 87 - CITY OF KITCHENER 3. Submission No.: B 2021-017 a. The dwelling will be fitted with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the b. The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. c. That p Building Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. d. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: i. tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks 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 successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of- Janelle Hale was in attendance in support of the application and the staff recommendation. Julieta Lazarte was in attendance in opposition to the application, expressing concerns that the property was going to be developed with a 4-unit multi-residential dwelling. In response to the comments, J. Hale advised the application is proposing to create one new lot for the construction of semi-detached dwellings. Jeff Steckley addressed the Committee in opposition to the application. J. Steckley advised although the R5 Zone permits semi-detaching dwellings, this would be the first one constructed on the street and it would set a precedence for future development of this nature. J. Steckley noted they are located within a Residential Intensification in Established Neighbourhoods Study (RIENS) area and questioned how the study would protect them from development, indicating the proposed severance will significantly alter the street. In response to questions, J. von Westerholt advised the R5 Zoning does permit semi-detached dwellings as a permitted use. The proposed lots fully conform with the Zoning by-laws and the proposed setbacks of the new dwelling would be inline with the other homes on the street. J. Steckley questioned whether there was a threshold ratio for applications that would be considered in the future. The Chair noted if the Zoning permits the use, market demand would likely dictate future development on the street. Christine & George Rito were in attendance in opposition of the application. C. Rito noted she concurred with the comments from J. Steckley. C. Rito questioned whether the proposed garages would be required to consistent with the existing streetscape. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 88 - CITY OF KITCHENER 3. Submission No.: B 2021- J. von Westerholt stated the property is located within a RIENS neighbourhood, stating the proposed garage would be required to be located behind the principle facade. In response to questions, J. Hale indicated they have not yet started the design process for the proposed semi- detached dwelling, commenting they would be opening to listening to some suggestions of the neighbourhood. Zoe Harvey addressed the Committee in opposition to the application, expressing concerns with: safety of the neighbourhood; the possible eviction of the tenants moving in May 2021; and, the noise from the construction. Z. Harvey expressed further concerns with the timing of the meeting, noting it was note accessible to all residents. Deb Hunsperger was in attendance in opposition to the application. D. Hunsperger expressed concerns with: on-street parking, safety specifically related to emergency response times and traffic; as well as, the possible loss of the neighbourhood family appeal. In response to questions, D. Seller this is the first he had received a compliant related to safety for the subject the street. D. Seller indicated on-street parking is permitted on both sides of the street, noting specifically with snow events it was typical that a street would narrow in size due to the snow. D. Seller indicated he could not speak to the accessibility of the street related to emergency response. D. Seller further advised the proposed dwelling would be required to provide off-street parking spaces for the units, likely those spaces would be located within a garage. J. Meader stated all the concerns received this date from the area residents do not directly relate to the subject application, noting concerns for J. Meader indicated the property owner could demolish and reconstruct the dwelling and would not require any approvals from the Committee. Comments related to traffic and parking are existing conditions that would not be exacerbated by one additional dwelling unit. J. Meader further advised in her opinion, the application supports the provincial policy statements for intensification. S. Hannah advised he was sympathetic to the neighbourhood, the acknowledge the concerns related to precedence, indicating the Zoning on the street permits this type of development. S. Hannah further advised he was in agreement with the comments made by J. Meader. Moved by J. Meader Seconded by S. Hannah That the application of 2611601 ONTARIO INC 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 7.62m, a depth of 37.97m and an area of 289 sq.m. The retained land will have a width of 7.62m, a depth of 37.97m and an area of 289 sq.m., on Part Lots 14 & 15, Registered Plan 384, 82 Pattandon Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the 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 $3,505.20. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 89 - CITY OF KITCHENER 3. Submission No.: B 2021- 5. That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the expense prior to occupancy of the building to the satisfaction of the Engineering Division. 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 staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner shall 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 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 satisfaction and approval of the Director of Planning 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; and vi. outline tree protection measures for trees to be preserved; and 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 the approval of the of Planning. 11. That the owner shall submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 12. 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 will be fitted with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the b. The exterior walls (eastern and northern walls) facing the railway will be constructed with brick veneer (EW5) or acoustical equivalent. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 90 - CITY OF KITCHENER 3. Submission No.: B 2021- c. Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. d. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: i. The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street North, local municipal streets, and rail noise from CN Railway may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks ii. 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 iii. successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of- 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the 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 April 20, 2023. Carried 2. Submission No.: B 2021-018 to B 2021-020 Applicants: ELEV8 Properties Inc. Property Location: 942 Doon Village Road Legal Description: COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 91 - CITY OF KITCHENER 2. Submission No.: B 2021-018 to B 2021- Appearances: In Support: S. Patterson Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to create 3 lots and retain 1 for residential development. All four of the lots are proposed to have access on Doon Mills Drive. The proposed lots will have the following dimensions: B 2020-018 - (Severed Lot 1) B 2020-019 - (Severed Lot 2) Access Doon Mills Drive Access Doon Mills Drive Width - 13.716m Width - 13.716m Depth - 70.7m Depth - 70.7m Area 918.4 sq.m Area - 909.4 sq.m B 2020-020 - (Severed Lot 3) Retained Lot Access Doon Mills Drive Access Doon Mills Drive Width - 13.716m Width - 19.695m Depth 70.76m Depth - 70.76m Area - 909.6 sq.m Area - 1306.6 sq.m The Committee considered Development Services Department report DSD-2021-54 dated April 11, 2021, recommending approval of this application, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated April 9, 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 complete an Environmental Noise Study and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. in support of the applications. S. Patterson requested the Committee revising Condition 3 of the staff recommendation, noting the wording as proposed when applied to all three decisions could require the application to pay $18K per severance, whereas the intention is that the cash-in-lieu contribution is noted is an accumulated total. S. Patterson further advised the Region of Waterloo has requested a Noise Study, noting he attempted to reach out to the Region in advance of the meeting but did not receive a response as of yet. S. Patterson indicated a previous severance application was approved by the Committee for 518 Bridgeport Road, which fronts onto a Regional road and is in close proximity to the expressway and a Noise Study was not requested in that instance. S. Patterson stated impacts of noise in that instance are likely greater than in this location and requested consideration be given to amending the condition That the owner shall address Environmental Noise and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise measures, all to the satisfaction of the Region of Waterloo to environmental noise that the Region could request a study, or could only require a Noise warning agreementility to the Region to request a Noise Study or an noise warning agreement. It was suggested and agreed that the proposed amendments related to parkland dedication and the Environmental Noise condition be revised as requested. It was further suggested by S. Hannah owner to receive demolition approval for the existing dwelling prior to the severance of the lots. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 92 - CITY OF KITCHENER 2. Submission No.: B 2021-018 to B 2021- Submission No.: B 2021-018 Moved by S. Hannah Seconded by B. McColl That the application of ELEV8 PROPERTIES INC. requesting permission to sever a parcel of land identified as Severed Parcel 1 on the plan submitted with the application having a width on Doon Mills Drive of 13.716m, a depth of 70.7m and an area of 918.4 sq.m, on , 942 Doon Village Road, 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 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the 3. That the owner pays to the City of Kitchener a cash-in-lieu contribution for park dedication for a total accumulated amount of $18,928.08 for the severed parcels identified in Consent Applications B 2021-018, B 2021-019 and B 2021-020. 4. That the Owner shall prepare Street Tree Management Plan (STMP), stamped by a certified Landscape Architect, in accordance with Section M of the Development Manual, to 5. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 6. That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the Engineering 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the owner shall prepare a Grading Plan for the severed and retained lands in accordance with of 9. 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. 10. That the owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 11. The owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in ac identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 93 - CITY OF KITCHENER 2. Submission No.: B 2021-018 to B 2021- 12. The owner shall enter into a modified subdivision agreement with the City of Kitchener to be Planning, and registered on title of the Retained and Severed lands. Said agreement shall include the following conditions: I. Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: a) The Owner shall implement all approved measures for the protection of trees as approved in the Tree Preservation/Enhancement Plan (where applicable) and to Environmental Consultant protection measures have been implemented and inspected, in Policy. No changes to the said plans shall be granted, except with prior Director of Planning. II. Prior to the Issuance of any Building Permits b) The Owner shall obtain approval of a Lot Grading Control Plan showing the required elevation of each corner of each lot for the severed and retained lands and the required elevation(s) of the building site as well as the required direction flow of surface drainage which must be Director of Engineering Services, and must conform to the approve Tree Management Plan, overall Grading Plan, and Street Tree Management Plan. In addition to the conditions noted above, the modified subdivision agreement shall contain language to address maintenance and access for any shared driveways, if proposed. 13. That the owner shall submit the applicant consent review fee of $350.00 per new lot created to the Region of Waterloo. 14. That the owner shall address Environmental Noise and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise measures, all to the satisfaction of the Region of Waterloo. 15. That the owner shall obtain a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the lots. 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the 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 April 20, 2023. Carried COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 94 - CITY OF KITCHENER 2. Submission No.: B 2021-018 to B 2021- Submission No.: B 2021-019 Moved by S. Hannah Seconded by B. McColl That the application of ELEV8 PROPERTIES INC. requesting permission to sever a parcel of land identified as Severed Parcel 2 on the plan submitted with the application having a width on Doon Mills Drive of 13.716m, a depth of 70.7m and an area of 909.4 sq.m, on , 942 Doon Village Road, 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 Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the 3. That the owner pays to the City of Kitchener a cash-in-lieu contribution for park dedication for a total accumulated amount of $18,928.08 for the severed parcels identified in Consent Applications B 2021-018, B 2021-019 and B 2021-020. 4. That the Owner shall prepare Street Tree Management Plan (STMP), stamped by a certified Landscape Architect, in accordance with Section M of the Development Manual, to 5. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 6. That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the expense prior to occupancy of the building to the satisfaction of th Engineering 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the owner shall prepare a Grading Plan for the severed and retained lands in accordance of nning. 9. 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. 10. That the owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 11. The owner shall prepare a Tree Preservation/Enhancement Plan for the severed and by include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 95 - CITY OF KITCHENER 2. Submission No.: B 2021-018 to B 2021- 12. The owner shall enter into a modified subdivision agreement with the City of Kitchener to be Planning, and registered on title of the Retained and Severed lands. Said agreement shall include the following conditions: I. Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: a) The Owner shall implement all approved measures for the protection of trees as approved in the Tree Preservation/Enhancement Plan (where applicable) and to provide Environmental Consultant protection measures have been implemented and inspected, in Policy. No changes to the said plans shall be granted, except with prior Director of Planning. II. Prior to the Issuance of any Building Permits c) The Owner shall obtain approval of a Lot Grading Control Plan showing the required elevation of each corner of each lot for the severed and retained lands and the required elevation(s) of the building site as well as the required direction flow of surface drainage which must be Director of Engineering Services, and must conform to the approve Tree Management Plan, overall Grading Plan, and Street Tree Management Plan. In addition to the conditions noted above, the modified subdivision agreement shall contain language to address maintenance and access for any shared driveways, if proposed. 13. That the owner shall submit the applicant consent review fee of $350.00 per new lot created to the Region of Waterloo. 14. That the owner shall address Environmental Noise and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise measures, all to the satisfaction of the Region of Waterloo. 15. That the owner shall obtain a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the lots. 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried Submission No.: B 2021-020 Moved by S. Hannah Seconded by B. McColl COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 96 - CITY OF KITCHENER 2. Submission No.: B 2021-018 to B 2021- That the application of ELEV8 PROPERTIES INC. requesting permission to sever a parcel of land identified as Severed Parcel 3 on the plan submitted with the application having a width on Doon Mills Drive of 13.716m, a depth of 70.7m and an area of 909.6 sq.m, on , 942 Doon Village Road, 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 Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the 3. That the owner pays to the City of Kitchener a cash-in-lieu contribution for park dedication for a total accumulated amount of $18,928.08 for the severed parcels identified in Consent Applications B 2021-018, B 2021-019 and B 2021-020. 4. That the Owner shall prepare Street Tree Management Plan (STMP), stamped by a certified Landscape Architect, in accordance with Section M of the Development Manual, to 5. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 6. That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the expense prior to occupancy of the building to the satisfaction of th Engineering 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the owner shall prepare a Grading Plan for the severed and retained lands in accordance of 9. 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. 10. That the owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 11. The owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained cy, to be approved by Director of Planning. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. 12. The owner shall enter into a modified subdivision agreement with the City of Kitchener to be Planning, and registered on title of the Retained and Severed lands. Said agreement shall include the following conditions: COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 97 - CITY OF KITCHENER 2. Submission No.: B 2021-018 to B 2021- I. Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: a) The Owner shall implement all approved measures for the protection of trees as approved in the Tree Preservation/Enhancement Plan (where applicable) and to Environmental Consultant protection measures have been implemented and inspected, in accordance with Policy. No changes to the said plans shall be granted, except with prior Director of Planning. II. Prior to the Issuance of any Building Permits d) The Owner shall obtain approval of a Lot Grading Control Plan showing the required elevation of each corner of each lot for the severed and retained lands and the required elevation(s) of the building site as well as the required direction flow of surface drainage which must be Director of Engineering Services, and must conform to the approve Tree Management Plan, overall Grading Plan, and Street Tree Management Plan. In addition to the conditions noted above, the modified subdivision agreement shall contain language to address maintenance and access for any shared driveways, if proposed. 13. That the owner shall submit the applicant consent review fee of $350.00 per new lot created to the Region of Waterloo. 14. That the owner shall address Environmental Noise and, if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the accepted noise measures, all to the satisfaction of the Region of Waterloo. 15. That the owner shall obtain a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the lots. 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried 2. Submission No.: B 2021-021 to B 2021-023 Applicants: Adam & Tracy Szuba and Roberto Drelini Property Location: 654 Rockway Drive Legal Description: Lots 8 & 9 and Part Lots 7 & 10 Registered Plan 347 Appearances: COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 98 - CITY OF KITCHENER 2. Submission No.: B 2021-021 to B 2021-023 In Support: D. Galbraith Contra: T. McCrabb H. & B. Woodley S. & P. Hartigan S. Jones P. & C. Berry S. & J. Francis B. Hotton M. & C. McFarlane Written Submissions: C. & J. Axler B. Voigt P. Rath S. Hartigan S. Francis P. Schreiter P. & C. Berry M. Cameron B. Hooton M. McFarlane H. Woodley R. Gurney S. & M. Jones The Committee was advised the applicant is requesting permission to create 3 lots and retain 1 for the construction of two semi-detached dwellings. The proposed lots will have the following dimensions: Retained Parcel - (Parcel A) B 2021-021 - (Parcel B) Width - 8.38m Width - 8.38m Depth - 32.61m Depth - 32.61m Area - 263 sq.m Area - 263 sq.m B 2021-022 - (Parcel C) B 2021-023 - (Parcel D) Width - 8.38m Width - 8.38m Depth - 32.62m Depth - 32.61m Area - 263 sq.m Area - 263 sq.m The Committee considered Development Services Department report DSD-2021-50 dated April 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 April 9, 2021, advising they have no objection to this application subject to the following conditions: 1) 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 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. The purchasers / tenants are advised that sound levels due to increasing road traffic on King Street East (RR #08) / Charles Street may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment ii. -ducted heating system and has been designed with the provision of adding central air conditioning at the 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 Waterloo Region and the Ministry of the Environment c. That prior to the issuance of any building permits, the City of Inspector certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. Dave Galbraith, IBI Group, was in attendance in support of the subject application and the staff recommendation. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 99 - CITY OF KITCHENER 2. Submission No.: B 2021-021 to B 2021- Tim McCrabb, Heather & Bruce Woodley, Stewart Jones, Paul & Christine Berry, Sarah & James Francis, Bob Hooten and Meredith & Chris McFarlane were in attendance in opposition to the application. Sharon Hartigan addressed the Committee on opposition to the subject application. S. Hartigan advised she resides at a property on Rockway Drive, the street borders the Rockway Golf Course and Rockway Gardens. S. Hartigan noted the area residents were disappointed to learn about the applications and that the proposed severances are in compliance with the current Zoning regulations on the street. S. Hartigan commented the applications do not take into consideration the adjacent properties or the neighbourhood, indicating in her opinion it is not good intensification or compatible with Rockway Drive. S. Hartigan further advised if approved she will be required to landscape her backyard to protect her amenity space. S. Hartigan requested the Committee consider deferring the applications to allow a further review of the information outlined in the planning report. Phil Hartigan stated he was in opposition to the application. P. Hartigan stated the staff report includes comments about being satisfied with the shape of the lots, the desirability and compatibility with the surrounding community, indicating the neighbourhood is comprised of single, semi and multi use dwellings. P. Hartigan advised the residents disagree with these statements, indicating the street is comprised of single detached homes constructed between 1935 and 1953, noting there are no semi-detached dwellings or duplexes. P. Hartigan advised the properties on the street all have 60 ft frontages and the proposed severances would sever a lot from 110 ft wide to four lots having 19 ft frontages. P. Hartigan stated in his opinion the applications contravenes the policies within the Cs Cultural Heritage Landscape. P. Hartigan requested a deferral of the application to thoroughly examine the heritage significance of the area, noting the applications are not compatible with Rockway Drive. The Chair expressed comments that he was surprised not to see additional comments from Heritage Planning staff due to the proximity to Rockway Gardens and the significance of the area. The Chair expressed some concern on how the proposed lots would blend in with the existing neighbourhood. J. Meader indicated she shared similar concerns to the Chair, stating she was not in support of the proposed applications. J. Meader indicated when reviewing a consent application the Committee must consider a policy wit granted where the lots reflect the general scale and character of the established development pattern of the surrounding land taking into consideration lot frontages, areas and config Following review of the staff report, J. Meader stated she did not see any analysis from the Planning staff or from the Applicants planner to support that policy. Reviewing the location map of the area and reviewing the severance sketch it is completely different from what is surrounding the subject property. J. Meader further advised the street is unique, with a semi-rural cross session and large lots and although she acknowledge development was occurring closer to the intersection, the proposal was not appropriate for the subject lands. In response to questions, D. Galbraith advised the applicant to date is only proposing the severance of the lots, they have yet to prepare elevation drawings for the proposed semis. D. Galbraith indicated the design would be informed by the character of the neighbourhood as well as the Residential Intensification in Established Neighbourhoods Study (RIENS), indicating the dwellings are proposed to have front yard setbacks of 8.5m which is compatible with the existing homes on the street. D. Galbraith advised the architectural character of the dwellings has not yet been determined. In response to questions related to the Cultural Heritage Landscape (CHL) study, J. von Westerholt advised the CHL are for Rockway Gardens applies to a portion of the street and the golf course. J. von Westerholt stated the CHL is not a heritage designation, although the area was identified, further work would be required to list or designate the area as significant. Questions were raised regarding the R4 Zoning and when Zoning was updated to permit semi- detached dwellings. J. von Westerholt advised the R4 Zoning has always permitted semi-detached dwellings. C. Duma COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 100 - CITY OF KITCHENER 2. Submission No.: B 2021-021 to B 2021- C. Dumart advised the property is comprised as a double wide lot and would have a similar footprint if the lot was severed in half and single detached dwellings were constructed. C. Dumart further advised the applicant is proposing to further subdivide the semi-detached dwellings so they can each half can be held in separate ownership. The Chair noted he did not really support the comments of staff related to similar building footprints between the semi-detached dwellings and single detached dwellings, noting he could possibly support two single detached dwellings. The Chair noted semi-detached dwellings are not similar to single detached dwellings. C. Dumart stated the application does not include a request to add semi-detached dwelling as a permitted use. S. Hannah stated when reviewing the application, it is clear that the property is a double wide lot. The application through the proposal is tying to make use of the existing Zoning. S. Hannah stated in his opinion the street should be a heritage conservation district and the zoning should only permit single detached dwellings. S. Hannah further advised without knowing what is proposed to be constructed on the property he is currently opposed to the applications. S. Hannah commented the character of the neighbourhood is important in this instance, stating they could possibly construct semi-detached dwellings that are compatible with the adjacent properties, stating a contemporary design in this instance would have an adverse impact on the streetscape. B. McColl brought forward a motion to refuse the subject applications based on the opinion that the development is not compatible and does not conform in size, scale or massing with the pre-existing neighbourhood. Submission No.: B 2021-021 Moved by B. McColl Seconded by J. Meader That the application of ADAM DOUGLAS SZUBA, TRACY MARY SZUBA and ROBERTO DRELINI submitted with the application having a width of 8.38m, a depth of 32.61m and an area of 263 sq.m., on Lots 8 & 9 and Part Lots 7 & 10 Registered Plan 347, 654 Rockway Drive, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that the lot to be created through this application is not compatible and does not conform in size, scale or massing with the pre-existing neighbourhood. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried Submission No.: B 2021-022 Moved by B. McColl Seconded by J. Meader That the application of ADAM DOUGLAS SZUBA, TRACY MARY SZUBA and ROBERTO DRELINI requesting permission to sever a parcel of land identified as Parcel on the plan submitted with the application having a width of 8.38m, a depth of 32.62m and an area of 263 sq.m., on Lots 8 & 9 and Part Lots 7 & 10 Registered Plan 347, 654 Rockway Drive, Kitchener, Ontario, BE REFUSED. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 101 - CITY OF KITCHENER 2. Submission No.: B 2021-021 to B 2021- It is the opinion of this Committee that the lot to be created through this application is not compatible and does not conform in size, scale or massing with the pre-existing neighbourhood. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried Submission No.: B 2021-023 Moved by B. McColl Seconded by J. Meader That the application of ADAM DOUGLAS SZUBA, TRACY MARY SZUBA and ROBERTO DRELINI requesting permission to sever a parcel of D submitted with the application having a width of 8.38m, a depth of 32.61m and an area of 263 sq.m., on Lots 8 & 9 and Part Lots 7 & 10 Registered Plan 347, 654 Rockway Drive, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that the lot to be created through this application is not compatible and does not conform in size, scale or massing with the pre-existing neighbourhood. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried COMBINED APPLICATION 1. Submission No.: B 2021-024, A 2021-034 Applicant: 59 Carisbrook Dr. Ltd. Property Location: 59 Carisbrook Dr. Legal Description: Part Lot 59, German Company Tract Appearances: In Support: M. Warzecha A. Bast Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land being irregular in shape at the rear of the property having a width of 38.71m, a westerly depth of 33.22m and an area of 503 sq.m. to be conveyed as a lot addition to the property municipally addressed as 34 Hillcrest Lane. Permission is also being requested for a minor variance to legalize the subject property for have frontage on a private lane whereas the By-law requires all properties to have frontage on a public street. The Committee considered Development Services Department report DSD-21-051 dated April 9, 2021, recommending approval of these applications, subject to the conditions outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 102 - CITY OF KITCHENER 1. Submission No.: B 2021-024, A 2021-034 The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 7, 2021 advising they have no concerns with applications B 2021-024 and A 2021-034. The Committee considered the report of the Grand River Conservation Authority dated April 8, 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 plan review fee of $430.00. Submission No.: B 2021-024 Moved by S. Hannah Seconded by J. Meader That the application of 59 CARISBROOK DR LTD requesting permission to sever a parcel of land being irregular in shape at the rear of the property having a width of 38.71m, a westerly depth of 33.22m and an area of 503 sq.m. to be conveyed as a lot addition to the property municipally addressed as 34 Hillcrest Lane, on Part Lot 59, German Company Tract, on 59 Carisbrook Drive, 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 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the 3. That the owner shall provide a building code assessment as it relates to the new proposed property line to the satisfaction of the Chief Building Official. The building code assessment relates to the new proposed property line and any of the buildings adjacent to this new property line and shall address such items as spatial separation of existing wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 4. That the owner shall ensure the lands to be severed are to be added to the abutting lands and title is to be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 5. Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES APRIL 20, 2021 - 103 - CITY OF KITCHENER 1. Submission No.: B 2021-024, A 2021-034 Submission No.: A 2021-034 Moved by S. Hannah Seconded by J. Meader That the application of 59 CARISBROOK DR LTD requesting permission to legalize the subject property to have frontage on a private lane for the purpose of a lot addition requested through Consent Application B 2021-024 whereas the By-law requires all properties to have frontage on a public street, on Part Lot 59, German Company Tract, 59 Carisbrook 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 -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried ADJOURNMENT On motion, the meeting adjourned at 12:19 p.m. Dated at the City of Kitchener this 20th day of April, 2021. Dianna Saunderson Secretary-Treasurer Committee of Adjustment