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HomeMy WebLinkAboutCA - 2021-05-18 COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021CITY OF KITCHENER The Committee of Adjustment held an electronicmeeting this date, commencing at10:04a.m. Present:D. Cybalski -Chair B. McColl S. Hannah M. Kidd Officials:J. Von Westerholt, Senior Planner G. Stevenson, Senior Planner A. Pinnell, Senior Planner S. Ryder, Traffic Planning Analyst S.Bassanese, Urban Designer S. Goldrup, Committee Administrator D. Saunderson, Secretary-Treasurer K. Hilborn, Administrative Clerk MINUTES Moved byS. Hannah Seconded by M. Kidd That the regular minutes of the Committee of Adjustment meeting held May 18, 2021,as circulatedto the members, be accepted. Carried UNFINISHED BUSINESS: MINOR VARIANCE APPLICATION: 1.Submission No.:A 2021-031 Applicants:Varinder Purewal and Rajvinder(Bobbie)Chatha Property Location:660 Avondale Avenue Legal Description:Part Lots 111 & 112, Plan 350 Appearances: In Support:J.O'Malley V. Purewal R. Chatha Contra:D. & M. ReidE. Plach & R. Wallwork J. RobinsonT. Glover B.& C.TrotterF. Millard Written Submissions:A. StahlkeG. Smith D. & M. ReidR. Donaldson J. FinneyJ. Robinson J. McCormickM. Cadotte & E. McCarron C. BoehmerS. Munroe T. GloverB. Trotter F. MillardC. Trotter D. KoehlerJ. O'Malley E. Plach & R. Wallwork The Committee previously deferred the subject application at the April 20, 2021 Committee of Adjustment meeting where the Committee was advised that the applicant was requesting permission to construct a single detached dwelling having a rear yard setback 4.7m rather than the required 7.5m. Since that time the applicant has amended their application and are requesting permission to construct a single detached dwelling having a rear yard setback 6m rather than the required 7.5m. COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-105 -CITY OF KITCHENER 1.Submission No.:A2021-031(Cont’d) The Committee considered Development Services Department report DSD-2021-84dated May 12, 2021 recommending approval of theamendedapplication subject to the conditions outlined in the report.It was noted a report circulated to the Committee dated May 9,2021 that had minor clerical revisions to, DSD-2021-84 dated May 12, 2021 is finalcomplete version. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 29, 2021 advising they have no concerns with this application. Dan and Monica Reid addressed the Committee in opposition to the application, noting they reside at the property to the rear of the subject property. They raised concerns related to: loss of privacy and enjoyment of their outdoor amenity space; the proposed variance not being minor;potential precedence an approval may set; the size and scale of the proposed dwelling in comparison to the homes in the vicinity; possible impacts onexisting landscaping; and,adverseimpacts on the cultural heritage landscape of the area.D. Reid noted he was not in opposition with the redevelopment of the property, pending the proposed dwelling complies with the Zoning regulations. Eva Plachand Bob Wallworkaddressed the Committee in opposition to the subject application, noting concerns with: precedencean approval may set for the area; loss of mature trees; as well as, questions related to the shared shrub at the rear of the property and whether it was intended to be maintained. B. Wallwork stated the requested variance is not required to address a constraint or hardship for the redevelopment of the property, stating the property is one of the largest on the street.B. Wallworkcommentedthe only reason for the request is to build a larger home than what is currently permitted. B. Wallwork expressed further concerns with the language in the staff report, stating the owner would be permitted to reconstruct the property but require a variance to achieve the plans included as an attachment to the report. Julie Robinson,Frank Millerdand Barb and Cameron Trotter were also in attendance in opposition to the application. Concerns were raised regarding impactsto amenity space; loss of privacy;and, size and scale of the proposed dwelling. B. Trotter indicated the proposed variance is a 20% reduction in what is required by the Zoning By-law and cannot be considered minor. If the property owner reduced theportion of the home encroaching on the rear yard setback it would be areduction inapproximately 10 sq.m. in living space, which could also be considered minor.B. Trotter expressed further concern related to theother developments in the neighbourhood andthe impacts on the Culture Heritage Landscape of the area, noting staff have not yet been able to implement heritage protections for the area due to lack of resources to complete the work. In response to questions, S. Bassaneseadvised since the April 20, 2021 Committee of Adjustment meeting the applicant has retained a certified arborist to complete a tree preservation plan, which involved a review of all existing vegetation. The arborist has recommended several mitigation technics to protect the vegetation during construction and will be required to be on site during the redevelopment to certify and review the work as required.S. Bassaneseadvised the applicant will be required complete the work as identified by the arborist and the root spread will be monitored during construction. Jon O’Malley, agent for the applicant, addressed the Committee in support of the application, noting he has been retained by the property owner to construct the proposed dwelling. J.O’Malley indicated he is alsoa resident of the area and acknowledge the concerns of the neighbourhood. J. O’Malleyindicated since the previous meeting the applicant has reviewed the proposed plans for the dwelling and reduced the rear yard setback request from 4.7m to6m, stating only a small portion of the encroachment is intended for indoor living space. J. O’Malleyadvised as per the revised plans, the first floor is the only portion of the dwellingproposed to encroach into the rear yard setback, noting the second storey is beyond the required 7.5m setback.J. O’Malleyadvised the existing Zoning on the property would permit the applicant to build a 6,000 sq.ft. home, they are proposing 3,700 sq.ft. J. O’Malleyfurther advised as the property is within a designate Residential Intensification in Established Neighbourhoods Study (RIENS) area the property is required to have a larger front yard to ensure conformity with the streetscape. J. O’Malleycommented to address theconcernsfrom the neighboursrelated to privacy the large set of upper storey windows facing the rear yard do not have a view of the rear yard, they are only present toallow lightto the main floor.Additionally, J. O’Malleynoted they have donethe required work related to tree preservation, stating it is the applicants desire to maintain the visual barrier provided by the existing landscaping. COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-106 -CITY OF KITCHENER 1.Submission No.:A 2021-031 (Cont’d) Rajvinder (Bobbie) Chatha, property owner,addressed the Committee in support of the subject application and the staff recommendation. B. Chatha stated they have introduced themselves to the neighboursandhaveexplained the need for the proposed variance. B.Chathaindicated the proposed dwelling will be for a multi-generational family, with a need for a main floor bedroom and washroom, indicatingwithout the variance they would not be able to achieve the needs of their aging family member. B. Chathastated due to RIENSthey require a larger front yard setback so to achieve the accessible main floor there will be a 1 storey encroachment into the rear yard setback. B. Chathaindicated they wish to maintain the mature vegetation as they have intentions of putting their rear yard amenity space to use and appreciate the privacy. In response to question, A. Pinnell advised the site plan included with the revised drawings demonstrate the diningroom and covered porch are the only two items proposed to encroach in the rear yard setback, noting the entire second storey is outside of the required 7.5m rear yard setback. Questions were raised regarding maximum lot coverage, A. Pinnell advised the lot coverage was reviewed and the proposed design is under the maximum lot coverage permitted. A. Pinnell stated if the increased frontyard setback due to RIENS was not required a variance would not be necessary. S. Hannah question what was currently being reviewed as part of the Secondary Planning Process in regard to mammoth homes. A. Pinnell stated in speaking with staff currently undertaking the secondary plan process, there has been some consideration given to restricting the height of a dwelling if there are bungalows on either side of a property. A. Pinnell stated that would not be applicable in this instance as the properties adjacent to the subject property are 1.5 storey and 2 storey in height.A. Pinnell further advised there are also no additional size restrictions being proposed through the Comprehensive Review of the Zoning By-law (CRoZBY),indicatingthe propose development complies. In response to questions, J. O’Malley advised the applicant is proposing stone and timber frame for the construction materials, statingthe dwelling is not proposed to be ultra-modern. J. O’Malley advised the windows at the rear of the property would not have any view of the rear yard. M. Kidd questioned whether the properties were separated by fencing or only vegetation and questioned whether the vegetation was deciduous in nature. A. Pinnell advised the blue spruce, fruittree and hedge are due to be maintained. M. Reid advised they provided photos for the Committees consideration, they include spring and summer photos, the shrubs are evergreen shrubs. There is also a retaining wall including gardens. M. Reid expressed further concernsrelated to drainage andpossibleimpactson adjacent property owners. B. McColl stated the property owner is intending on retaining four mature trees on the property, noting if they were not proposing encroaching in the rear yard by 1.5m the applicant would be permitted to construct the new dwelling similar to what is being proposed without a variance. B. McColl stated the applicant has amended their application to from what wasinitially proposed, reducing variance requestfrom the previous meeting and although the dwelling maybe a change for the neighbourhood, B. McColl noted he was in support of the subject application. S. Hannah questioned whether it was possibly to reduce the open to below portion of thedwelling at the rear of the home to possibly reduce the mass of the dwelling. J. O’Mailey indicated a change of that nature would have significant impact to the roofline, stating he was not sure how that could be achieved. J. O’Mailey further advised the only portion of the dwelling that is encroaching into the rear yard setback is the first floor.S. Hannah stated initially he was not in support of the application; he noted the staff recommendation does help to address some of the concern of the neighbourhood that the approval is generally in accordance with the plans submitted with the application.That condition will require the applicant to maintain a design that the neighbourhood has reviewed this date. Moved by B. McColl Seconded by S. Hannah COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-107 -CITY OF KITCHENER 1.Submission No.:A2021-031(Cont’d) That the application ofRAJVINDER (BOBBIE) KAUR CHATHA ANDVARINDER SINGH PUREWALrequesting permission to construct a single detached dwelling having a rear yard setbackof6m rather than the required 7.5m,on Part Lots 111 & 112, Plan 350,660 Avondale Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall ensure that new dwelling to which the variance applies shall be constructed in general accordance with the site plan drawings, building elevation drawings, and floor plans attached to Report DSD-2021-84, to the satisfaction of the City’s Chief Building Official and Director of Planning. 2.That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any demolition, tree removal, grading or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. It is the opinion of this Committee that: 1.The variance requested in this application isminor. 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-Lawand Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were consideredand taken into account as part of the Committee’s decision-making process with respect to the subject application.For more information please review the meeting minutes, which areavailable on the City’s website at www.kitchener.ca Carried 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. KrauseH. Handy O. Scott Contra:L. GeiselT.Arjuna C. LaderouteB.Horn 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. COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-108 -CITY OF KITCHENER 1.Submission No.:B2020-047(Cont’d) The Committee considered Development Services Department report DSD-2021-23 datedMarch 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 Committee’s meeting on March 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: 1.That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. ChristineLaderoute,LuanneGeisel,Temeshwar Arjunaand Brian Hornwere in attendance in opposition to the application. L.Geiselexpressed concerns with the proposed dwelling being out ofline with the streetscape. L.Geiselindicated the coach house has been used illegally for 6-years to date, noting it could still be removed or relocated to accommodate the proposed severance. L. Geiselcommentedin previous meetings members requested more regular shaped lots being proposed that would see the proposed severance go the full depth of the property. L.Geiselstated a compromise for the residents would be the semi-detached dwelling in line with the other properties on the street, noting if thenew development is similar to what was previously constructed to the east of the property, then it is not compatible. L.Geiselexpressed further concern about the use of Tiny Home, noting possibly issues related to tenancy and servicing, noting it has already been seen advertised on AirBnb. Additionally, L.Geiselstated this application is similar to an application that the Committee considered in a previous monthon Rockway Drivethat was refused by the Committee due to size, scale, massing and compatibility with the neighbourhood. Finally, L. Geisel stated there are still too many discrepancies with the heritage significance surrounding the property. L.Geiselstated in her opinion the applicant is seeking greater financial gain ratherthan taking into consideration the impacts on adjacent property owners. C.Laderouteand T.Arjuna advised she was in agreement with the comments provided by L. Geisel.C. Laderoutenoted she provided a further written submission demonstrating photos of the neighbourhood. Brian Horn addressed the Committee on opposition to the application. B. Horn expressed concerns for the condition of the existing heritage homeand its deterioration. B, Hornexpressing concerns with maintenance issues, noting concerns for the proposed dwelling and whether it will be adequately maintained. B. McCollindicated a written submission was provided to the Committee that included photos of the property and the adjacent neighbourhood, including photos of the coach house. B. McColl acknowledge the applicants desire to retain the building, but due to its size he was unsure how it could be adequate in size for housing. B. McColl expressed concerns with the previous dwelling constructed by the applicant and if the new building would be similar in nature, indicating lack of compatibility with the existing neighbourhood. B. McColl further advised he was not in support of the severance this date. In response to questions, G. Stevenson advised he had spoken with the application since the April 20, 2021 Committee of Adjustment meeting and it was his desire to maintainthe application as proposed. G. Stevenson further advised as of May 31, 2021 the Tiny Home regulation would be approved and as of June 1, 2021 the applicant could begin the site plan approval process to legalize the coach housing dwelling in the rear yard. G. Stevenson advised the coach house is currently fully serviced with water and sanitary services. Staff are unsure this date where the services are located on the property as there are no records to when those services were installed. G. Stevenson indicated the services may need to be relocated through the Site Plan approval process if they are currently going through the portion of the property that is proposed to be severed. COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-109 -CITY OF KITCHENER 1.Submission No.:B2020-047(Cont’d) Questions were raised regarding the Residential Intensification in Established Neighbourhoods Study (RIENS)and whether the subject property was subject to those regulations. G. Stevenson indicated if the property was subject to the front yard setbacks outlined in RIENS, based on GIS mapping of the property of front yard setback of between 8.2m and 10.2m would be required. G. Stevenson advised the property is not within a RIENS study area so the regulations do not apply in this instance. S. Hannah indicated the neighbours have expressed concerns with the proposed frontyard setback not being similar was currently exists on the street. S. Hannah indicated he to would have preferred to see and similar setback and was not in support to the subject application. Hugh Handy, GSP Group,addressed the Committee in support of the subject application and the staff recommendation. H. Handy stated the proposed semi-detached dwelling represents good planning and City staff have recommended approval, noting their support for the application. The proposed dwelling meets all the requirements of the R4 Zone and there have been no heritage issues raised with the removal of the garage. H. Handy indicated there will be no negative impact on the heritage dwelling at 50 Brookside Crescent, noting in his opinion he does not believe there will be any compatibilityissues with the pre-existing neighbourhood. H. Handy indicated the coach house is intended to be legalized as a tiny home. H. Handy finally advised that the application is support by City, Regional and Provincial regulations. S. Hannah questioned the applicant and whether the lots going the full depth of the property to achieve a similar setback as the adjacent properties be more appropriate. H. Handy indicated removing the coach house and increasing the depths of the lots, in his opinion would not achieve something different or better than what is being proposed through the subject application. B. McColl brought forward a motion to refuse the subject application, which was seconded by S. Hannah. The motion was voted on and was Carried, with D. Cybalski, S. Hannah and B. McColl voting in favour and M. Kidd voting in opposition. Moved by B. McColl Seconded byS. Hannah 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., on Part Blocks O & 87, Registered Plan 1334, being Parts 1 & 3 on Reference Plan 58R-20390, 50 Brookside Crescent, 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 with the pre-existing neighbourhood. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1.Submission No.:A2021-035 Applicant:Accu Properties Inc Property Location:659 Stirling Avenue South Legal Description:Part Lot 15 to 17, Plan 785, being Part 1 on Reference Plan 58R-5757 COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-110 -CITY OF KITCHENER 1.Submission No.:A 2021-035 (Cont’d) Appearances: In Support:P.Chauvin S.Litt Contra:None Written Submissions:C. Preiss The Committee was advised the applicantis requestingpermission for an existing 6-storey mixed- used building currently containing 30-units to covert the ground level commercial space into 3 additional residential units whereas the By-law does not permit residential units on the ground floor. The Committee considered Development Services Department report DSD-2021-72dated May5, 2021 recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 29, 2021 advising they have no concerns with the subjectapplication. The Committee considered the report of the Grand River Conservation Authority(GRCA), darted April 29, 2021 advising they have no concerns with the subject application. The Committee considered the written submission in opposition to the subject application. The Chair suggested and it was agreed that a condition be included in the Committee’s decision this date requiring the applicant to make satisfactory financial arrangements with the GRCA for their application review fee; as well as an amendment to condition 1 of thestaff report requiring the applicant to apply for a building permit rather than obtaining a building permit. Moved byS. Hannah Seconded byB. McColl That the application of ACCU PROPERTIES INC requesting permission for an existing 6-storey mixed-used building currently containing 30-units to covert the ground level commercial space into 3 additional residential units whereas the By-law does not permit residential units on the ground floor, on Part Lot 15 to 17, Plan 785, being Part 1 on Reference Plan 58R-5757, 659 Stirling Avenue South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.The owner shall apply for a building permitprior to construction to the satisfaction of the City’s Building Division. 2.The owner shall obtain a Zoning Occupancy Certificate prior to issuance of a building permit. 3.The owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for their application review fee. It is the opinion of this Committee that: 1.The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-111 -CITY OF KITCHENER 2.Submission No.:A 2021-036 Applicants:Shaddi Fahal & Karolina Laufer Property Location:30 Simeon Street Legal Description:Part Lot 23, Plan 414 Appearances: In Support:S.Fahel Contra:None Written Submissions:None The Committee was advised the applicants are requesting permission for a single detached dwelling having an existing front porch with a front yard a setback of 1.85m from the property line rather than the required 3.07m, to convert the roof over the porch to a second-floor walkout balcony The Committee considered Development Services Department report DSD-2021-073dated May 7, 2021recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 29, 2021 advising they have no concerns with this application. Moved byS. Hannah Seconded byB. McColl That the application of KAROLINA MAGDALENA LAUFER and SHADDI GEORGE FAHEL requesting permission for a single detached dwelling to have a front porch with a front yard a setback of 1.85m from the property line rather than the required 3.07m, on Part Lot 23, Plan 414, 30 Simeon Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 3.Submission No.:A 2021-037 Applicants:Waterloo Region District School Board Property Location:40 Prueter Avenue Legal Description:Lot 78 and Lot 90, Plan 755 Appearances: In Support:L.Sanford O.Wandelt Contra:None Written Submissions:N. Schmidt COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-112 -CITY OF KITCHENER 3.Submission No.:A 2021-036 (Cont’d) The Committee was advised the applicantsarerequesting permissionfor an existing public school to have a maximum of 55 off-street parking spaces whereas the By-law permits a maximum of 33 off-street parking spaces. The Committee considered Development Services Department report DSD-2021-70dated May 05, 2021recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 29, 2021 advising they have no concerns with this application. In response to questions, J. von Westerholt advised the property is currently subject to a Site Plan approval application, noting landscaping would be required between he parking lot and the property line. J. von Westerholt indicated landscaping would likely be required as part of the site plan process between the school property and the dwelling municipally addressed as 73 Boehmer Street, stating she could not the comments of the Committee to the planner assigned to the application. Moved byM. Kidd Seconded byB. McColl That the application of WATERLOO REGION DISTRICT SCHOOL BOARDrequesting permission for an existing public school to have a maximum of 55 off-street parking spaces whereas the By- law permits a maximum of 33 off-street parking spaces, on Lot 78 and Lot 90, Plan 755, 40 Prueter Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1.The owner shall receive final approval of Site Plan application SP21/004/P/LT. It is the opinion of this Committee that: 1.The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 4.Submission No.:A 2021-038 Applicants:Christina Webster, Brian Webster Property Location:47 Kilkerran Crescent Legal Description:Lot 33, Plan 1640 Appearances: In Support:B.Webster Contra:None. Written Submissions:P. Balzer S. Follows COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-113 -CITY OF KITCHENER 4.Submission No.:A 2021-038(Cont’d) The Committee was advised the applicants arerequesting permission to construct an addition in the rear yard of an existing single detached dwelling having a rear yard setback of 1.2m rather than the required 7.5m; the proposed addition to have a side yard abutting Kilbernie Court of 1.147m rather than the required 4.5m; and, to allow the off-street parking to be located in the proposed driveway on Kilbernie Court to be located 3.162m from the property line rather than the required 6m. The Committee considered Development Services Department report DSD-2021-81datedMay 07, 2021 recommending approval of this application, subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 29, 2021 advising they have no concerns with this application. It was noted written submissions were received in opposition to the subject application. TheChair suggested and it was agreed that condition 1 of the staff report be amended to clarify any relocation of the Canada Post Community mailbox would be at the owners expense. In response to questions, S. Ryder advised if a sidewalk was being proposed for Kilbernie Court it would be construction through the sidewalk infill program, which would involve a full road reconstruction for the street. S. Ryder advised the street is not identified for those kinds of works at this time. Moved byB. McColl Seconded by S. Hannah That the application of BRIAN DAVID WEBSTER and CHRISTINA DAWN WEBSTERrequesting permission to construct a rear yard addition on an existing single detached dwelling with a rear yard setback of 1.2m rather than the required 7.5m; a side yard abutting Kilbirnie Court of 1.147m rather than the required 4.5m; and, a building used to accommodate off-street parking with a setback of 3.162 m from the street line rather than the required 6m, on Lot 33, Plan 1640, 47 Kilkerran Crescent, Kitchener,Ontario, BE APPROVED, subject to the following conditions: 1.That the Owner submit a Building Permit application for the proposed addition that generally complies with site plan drawing submitted with the application titled “Brian Webster Garage/Sun Room Addition” dated March 24, 2021. The plan should show the proposed/existing location of the Community Mailbox (CMB) that meets Canada Post’s standards, any relocation requirements would be at the owners expense. 2.The Owner shall prepare aTree Preservation/Enhancement Plan in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. 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 PlanningAct, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-114 -CITY OF KITCHENER 5.Submission No.:A 2021-039 Applicant:Jeffery Geurts Property Location:78 Shanley Street Legal Description:Part Lot 437 & 438, Plan 376 Appearances: In Support:J.Geurts 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 two required off-street parking located side-by-side 0m from the property line rather than the required 6m. The Committee considered Development Services Department report DSD-2021-82dated May 07, 2021 recommending approvalof this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 29, 2021 advising they have no concerns with this application. Moved byS. Hannah Seconded by B. McColl That the application of JEFFREY JAMES GEURTSrequesting permission to convert an existing single detached dwelling into a duplex having the two required off-street parking located side-by- side 0m from the property line rather than the required 6m, on Part Lot 437 & 438, Plan 376, 78 Shanley Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 6.Submission No.:A 2021-040&A 2021-041 Applicants:Franjo Zaja,Tomislav Zaja & Glory Zaja Property Location:59 Bechtel Drive&63 Bechtel Drive Legal Description:Part Lot 2, Biehns Tract, Block I, Plan 1445, being Parts 4 & 5 on Reference Plan 58R-20588 Appearances: In Support:T.Zaja Contra:None Written Submissions:A.McCullough A.Lafrance COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-115 -CITY OF KITCHENER 6.Submission No.:A 2021-040 & A 2021-041 (Cont’d) The Committee was advised the applicantis requestingthrough application A 2020-040 permission toconstruct a single detached dwelling on Lot 3 on the plan submitted with the application, municipally addressed as 59 Bechtel Drive, having a rear yard setback of 4.5m rather than the required 7.5m; and, a driveway width of 10.2m rather than the permitted maximum width of 8m; and, through application A 2021-041 permission to construct a single detached dwelling on Lot 4 on the plan submitted with the application, municipally addressed as 63 Bechtel Drive,having a rear yard setback of 4.5m rather than the required 7.5m; and, a driveway width of 10.2m rather than the permitted maximum width of 8m. The Committee considered Development Services Department report DSD-2021-85dated May12, 2021 recommending approval of bothapplications,without conditions.It was noted a report circulated to the Committee dated May 9, 2021 that had minor clerical revisionsto, DSD-2021-84 dated May 12, 2021 is final complete version. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 29, 2021 advising they have no concerns with bothapplications, A 2021-040 -59 Bechtel Driveand A 2021-041 -63 Bechtel Drive. In response to questions, A. Pinnell advised there were no concerns related to servicing due to the subject applications. Submission No. A 2021-040 Moved byM. Kidd Seconded byB. McColl That the application of FRANJO ZAJArequesting permission to construct a single detached dwelling on Lot 3 on the plan submitted with the application, having a rear yard setback of 4.5m rather than the required 7.5m, on Part Lot 2, Biehns Tract, being Part 4 on Reference Plan 58R- 20588, 59 Bechtel Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No. A 2021-041 Moved by M. Kidd Seconded by B. McColl That the application of FRANJO ZAJArequesting permission to construct a single detached dwelling on Lot 4 on the plan submitted with the application, having a rear yard setback of 4.5m rather than the required 7.5m, on Part Lot 2, Biehns Tract, Block I, Plan 1445, being Part 5 on Reference Plan 58R-20588, 63 Bechtel Drive, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variances requested in this application are minor. COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-116 -CITY OF KITCHENER 6.Submission No.:A 2021-040 & A 2021-041 (Cont’d) 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 7.Submission No.:A 2021-042 Applicants:SCOR Holdings Inc. Property Location:29 GruhnSt. Legal Description:Part Lot 11, Plan 139 Appearances: In Support:C.Ball Contra:None Written Submissions:None The Committee was advised the applicantis requestingpermission to construct a 2-storey addition in the rear yard of an existing duplex dwelling having an existing easterly side yard setback of 2.3m rather than the required 3m; an existing westerly side yard setback of 0.7m rather than the required 1.2m; and, an existing off-street parking space locating in the front façade of the building having a length of5.3m rather than the required 5.5m. The Committee considered Development Services Department report DSD-2021-86dated May7, 2021 recommending approval of the application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 29, 2021 advising they have no concerns with theapplication. Moved byS. Hannah Seconded byB. McColl That the application of SCOR HOLDINGS INCrequesting permission to construct a 2-storey addition in the rear yard of an existing duplex dwelling having an existing easterly side yard setback of 2.3m rather than the required 3m; an existing westerly side yard setback of 0.7m rather than the required 1.2m; and, an existing off-street parking space locating in the front façade of the building having a length of 5.3m rather than the required 5.5m,, on Part Lot 11, Plan 139, 29 Gruhn 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 taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-117 -CITY OF KITCHENER 8.Submission No.:A 2021-043 Applicants:Stephanie Robb&Bradley Robb Property Location:10 Eastwood Drive Legal Description:Lot 50, Plan 1217 It was noted the subject application has beenwithdrawn by the applicant. 9.Submission No.:A 2021-044 Applicants:Chad McLeod Property Location:54 Park Street Legal Description:Lot 14, Plan 104 Appearances: In Support:M. Warzecha Contra:None Written Submissions:None The Committee was advised the applicantis requestingpermission to convert an existing duplex into a multiple dwelling with 3-units on a lot having an area of 478 sq.m. rather than the required 495 sq.m.; to have 2 off-street parking spaces rather than the required 3 off-street parking spaces; to provide the required off-street parking in tandem whereas the By-law does not permit the required spaces to be in tandem; and, to permit parking to be located between the front façade and the lot line whereas the By-law does not permit parking between the front façade and the lot line. The Committee considered Development Services Department report DSD-2021-79dated May07, 2021 recommending approval of the application,subject to the conditions as outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 29, 2021 advising they have no concerns with theapplication. In response to questions, J. von Westerholt advised the City’s Site Plan Control By-law, which has been approved by Council is intended for all properties with three or more units. J. von Westerholt indicated the process will be scoped down acknowledging he scale and size of the project It was suggested and agreed that an additional condition be included in the Committee’s decision this date requiring the applicant to apply for the building permit. Moved by B. McColl Seconded by S. Hannah That the application of 2578545 ONTARIO INCrequesting permission to convert an existing duplex into a multiple dwelling with 3-units on a lot having an area of 478 sq.m. rather than the required 495 sq.m.; to have 2 off-street parking spaces rather than the required 3 off-street parking spaces; to provide the required off-street parking in tandem whereas the By-law does not permit the required spaces to be in tandem; and, to permit parking to be located between the front façade and the lot line whereas the By-law does not permit parking between the front façade and the lot line, on Lot 14, Plan 104, 54 Park Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall submit a site plan application to the satisfaction of the Director of Planning. 2.That the owner shall provide a secured space for bicycle parking to the satisfaction of the Director of Transportation Services. 3. That the owner shall apply for a building permit to the satisfaction of the City’s Building Division. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-118 -CITY OF KITCHENER 9.Submission No.:A 2021-044 (Cont’d) 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 10.Submission No.:A 2021-045 Applicants:Nitin Jain, Kolb Creek Land Corp Property Location:Blocks 3 & 4,Registered Plan 58M-654(Vacant Land Otterbein Road) Legal Description:Blocks 3 & 4, Registered Plan 58M-654 Appearances: In Support:P.Britton Contra:None. Written Submissions:None. The Committee was advised the applicantis requestingpermission to construct a 49-unit stacked townhouse development having a parking rate of 1.14 off-street parking spaces per-unit rather than the required 1.75 off-street parking spaces per-unit. The Committee considered Development Services Department report DSD-2021-71dated May05, 2021 recommending approval of the application, subject to the following condition: 1. The owner shall submit and receive approval of a Site Plan Application for the proposed multiple dwelling development The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 29, 2021 advising they have no concerns with theapplication. Moved by B. McColl Seconded by S. Hannah That the application of HALLMAN BRIERDALE LIMITEDrequesting permission to construct a 49-unit stacked townhouse development having a parking rate of 1.4 off-street parking spaces per-unit (69 total spaces) rather than the required 1.75 off-street parking spaces per-unit (86 total spaces, on Blocks 3 & 4, Registered Plan 58M-654,Vacant Land Otterbein Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1.The owner shall submit and receive approval of a Site Plan Application for the proposed multiple dwelling development. 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. COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-119 -CITY OF KITCHENER 10.Submission No.:A 2021-045(Cont’d) 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 11.Submission No.:A 2021-046 Applicants:George & Daniela Danciu Property Location:162 Greenbrook Drive Legal Description:Lot 4 and Part Lot 5, Plan 916 Appearances: In Support:George Danciu Contra:None. Written Submissions:K. McCandless The Committee was advised the applicantis requestingpermission to construct an addition in the front yard abutting Forest Hill Drive having a front yard setback of 5.5m whereas the By-law requires a front yard setback to be between 7.5m and 9.5m. The Committee considered Development Services Department report DSD-2021-74dated May07, 2021 recommending approval of the application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated April 29, 2021 advising they have no concerns with theapplication. The Committee considered the report of the Grand River Conservation Authority (GRCA), darted May 6, 2021 advising they have no concerns with the subject application. TheChair suggestedconsideration be given to includingin the Committee’s decision this date requiring the applicant to make satisfactory financial arrangements with the GRCA for their application review fee; as well as an amendment to condition 1 of the staff report requiring the applicant to apply for a building permit rather than obtaining a building permit. In response to questions, George Danciuadvised there is adequate parkingin the driveway for 4 vehicles, noting he has not had any issues to date related to contractors attending the property. In response to further questions, G.Danciuadvised he initially proposed a 10” addition and opted to reduce the addition to 7” to ensure driveway visibility for the adjacent property owner. M. Kidd brought forward a motion to approve the subject application as outlined in the staff report, including an additional conditions requiring the property owner to make satisfactory financial arrangements with the Grand River Conservation Authority for the application plan review fee. Moved byM. Kidd Seconded by B. McColl That the application of DANIELA DANCIU and GEORGE DANCIUrequesting permission to construct an addition in the front yard abutting Forest Hill Drive having a front yard setback of 5.5m rather than the minimum front yard setback of 7.5m, on Lot 4 and Part Lot 5, Plan 916, 162 Greenbrook Drive, Kitchener, Ontario,BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-120 -CITY OF KITCHENER 11.Submission No.:A 2021-046 (Cont’d) 1.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: 1.The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried CONSENT APPLICATIONS 1.Submission No.:B 2021-025 Applicants:Tamara McGillivray Property Location:20 Sylvia Street Legal Description:Lot 2, Part Lot 3, Registered Plan 58M-525 Appearances: In Support:T.McGillivray Contra:None. Written Submissions:None. The Committee was advised the applicantis requestingpermission to sever a parcel an “L Shaped” parcel of land having a width at the street of 1.55m, an overall width of 13.72m, a northerly depth of 54.87m and an area of 304.7 sq.m. currently containing a shed, to be conveyed as a lot addition to the property municipally addressed as 24Sylvia Street. The retained land willbe rectangular in shapehavinga width of 15.29m, a depth of 54.87m and an area of 838.9sq.m. The Committee considered Development Services Department report DSD-2021-80dated May07, 2021 recommending approval of the application,subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated May 4, 2021, advising they have no objection to this application. Moved byB. McColl Seconded by S. Hannah That the application of ESTATE OF KENNETH DALE MCGILLIVRAY and ESTATE OF ROSEMARY LEE MCGILLIVRAY and TAMARA ROSE MCGILLIVRAY requesting permission to sever a parcel an “L Shaped” parcel of land having a width at the street of 1.55m, an overall width of 13.72m, a northerly depth of 54.87m and an area of 304.7 sq.m. currently containing a shed, to be conveyed as a lot addition to the property municipally addressed as 24 Sylvia Street, on Lot 2, Part Lot 3, Registered Plan 58M-525, 20 Sylvia Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-121 -CITY OF KITCHENER 1.Submission No.:B 2021-025 (Cont’d) 2.That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3.That the owner shall ensure that 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. 4.That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, andto 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 taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 18, 2023. Carried 2.Submission No.:B 2021-026 Applicants:Doyle Investment Corp. Property Location:41 Ardelt Place Legal Description:Part Lots 17 & 18, Registered Plan 791, Part Lot 1, Registered Plan 1023 Appearances: In Support:S.Thompson Contra:None. Written Submissions:None. The Committee was advised the applicantis requestingpermission to sever an irregular shaped parcel of land having access on Ardelt Place having a width on Ardelt Place of 21.3m, an approximate depth of 304.8m and an area of 3.6 hectares. The retained land will have a width of 165.5m, a westerly depth of 225.7m and an area of 3.1 hectares. The use of the severed and retained land is industrial. COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-122 -CITY OF KITCHENER 2.Submission No.:B 2021-026 (Cont’d) The Committee considered Development Services Department report DSD-2021-77dated May06, 2021 recommending approval of the application,subject toconditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative ServicesdatedMay 4, 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. Steve Thompsonwas in attendance in support of the application. In response to questions, S. Thompson advised he had no concerns to the conditions outlined in the decisions. Moved byS. Hannah Seconded by B. McColl That the application of DOYLE INVESTMENTS CORP. requesting permission to sever an irregular shaped parcel of land having access on Ardelt Place having a width on Ardelt Place of 21.3m, an approximate depth of 304.8m and an area of 3.6 hectares, on Part Lots 17 & 18, Registered Plan 791, Part Lot 1, Registered Plan 1023, 41 Ardelt Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2.That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3.That the owner shall 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. 4.That the owner shall provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 5.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. 6.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. 7.That the owner shall receive site plan approval to acknowledge the existing parking and site conditions for the retained and severed lands to the satisfaction of the Manager of Site Development and Customer Service . 8.That the owner shall provide funds to Engineering Services for a future 1.8m concrete sidewalk along the entire length of frontage of the severed portion of the original property that fronts on to Ardelt Avenue (21.336m as noted on the submitted plan). 9.That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-123 -CITY OF KITCHENER 2.Submission No.:B 2021-026 (Cont’d) It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date ofgiving 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 May 18, 2023. Carried 3.Submission No.:B 2021-027 Applicants:Kamaljit Khanna Property Location:418 Alice Avenue Legal Description:Lot 23, Plan 645 Appearances: In Support:H.K.Singh Contra:None. Written Submissions:None. The Committee was advised the applicantis requestingpermission 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 50.6m and an area of 385.55sq.m. The retained land will have a width of 7.62m,a depth of 50.6m and an area of 385.55 sq.m. The Committee considered Development Services Department report DSD-2021-75dated May07, 2021 recommending approval of the application,subject to the conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services datedMay 4, 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. Moved by B. McColl Seconded by M. Kidd That the application of KAMALJIT KHANNA 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 50.6m and an area of 385.55 sq.m. The retained land will have a width of 7.62m, a depth of 50.6m and an area of 385.55 sq.m. on Lot 23, Plan 645, 418 Alice Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-124 -CITY OF KITCHENER 3.Submission No.:B 2021-027 (Cont’d) 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2.That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3.That the owner shall pay to the City ofKitchener 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. 5.That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering 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 satisfactionof 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 City’s 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; (vi)outline tree protection measures for trees to be preserved; b)Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City’s Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-125 -CITY OF KITCHENER 3.Submission No.:B 2021-027 (Cont’d) 11.That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being May 18, 2023. Carried 4.Submission No.:B 2021-028 Applicants:Belmont Medical Centre Inc. Property Location:564 and 592 Belmont Avenue West Legal Description:Part Lots 11 & 12, Registered Plan 402 Appearances: In Support:S.Yao Contra:None. Written Submissions:None. The Committee was advised the applicantis requestingpermission to sever a parcel of land municipally addressed as 592 Belmont Avenue West having a width of 25.9m, a depth of 60.1m and an area of 1573.3 sq.m. The retained land municipally addressed as 564 Belmont Avenue West will have a width of 151.4m, a depth of 56.2m and an area of 8742 sq.m. The use of the severed land is to be determined; the retained land will continue to be commercial. The Committee considered Development Services Department report DSD-2021-83dated May12, 2021 recommending approval of the application, subject to the conditions as outlined in the report. It was noted a report circulated to the Committee dated May 9, 2021 that had minor clerical revisions to, DSD-2021-84 dated May 12, 2021 is final complete version. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services datedMay 4, 2021, advising they have no objection to this application subject to the following conditions: 1)That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-126 -CITY OF KITCHENER 4.Submission No.: B 2021-028 (Cont’d) Moved by S. Hannah Seconded by M. Kidd That the application of BELMONT MEDICAL CENTRE INC and CORONATION MEDICAL CENTRES INC and CORONATION MEDICAL PLAZA INC requesting permission to sever a parcel of land municipally addressed as 592 Belmont Avenue West having a width of 25.9m, a depth of 60.1m and an area of 1573.3 sq.m., on Part Lots 11 & 12, Registered Plan 402, 564 & 592 Belmont Avenue West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2.That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3.The owner shall convey to the City of Kitchener, without cost and free of encumbrance, an approximately 2 metre wide road widening along the severed parcel's entire Belmont Avenue West frontage, to the satisfaction of the City’s Transportation Services. The owner shall submit a reference plan showing the road widening, to the satisfaction of Transportation Services. In addition, the owner shall submit a Phase 1, and if necessary, a Phase 2 Environmental Assessment, to the satisfaction of the City’s Engineering Services, for the road widening on the severed portion. 4.The owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed and retained lands. 5.The owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 6.The owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site with corresponding layer names and asset information, to the satisfaction of the City’s Engineering Services. 7.The owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands, or otherwise receive relief from Engineering Services for this requirement. 8. The owner shall submit payment to the Region of Waterloo, the Consent Application Review fee of $350.00. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca COMMITTEE OF ADJUSTMENT MINUTES MAY 18, 2021-127 -CITY OF KITCHENER 4.Submission No.:B 2021-028 (Cont’d) 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 May 18, 2023. Carried ADJOURNMENT On motion, the meeting adjourned at 12:19p.m. Dated at the City of Kitchener this 18thday of May,2021. Dianna Saunderson Secretary-Treasurer Committee of Adjustment