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HomeMy WebLinkAboutCA Agenda - 2021-06-15THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St 4_3NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2203 As amended and Ontario Regulations 197/96 and 200/96, as amended. CofA@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY June 15, 2021, commencing at 10:00 a.m. as an electronic meeting for the purpose of hearing the following applications for Minor Variance and/or Consent. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. Please note this electronic meeting is a public meeting and will be recorded. PLEASE NOTE: Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is only open for select services. Members of the public are invited to watch in this meeting electronically by accessing the meeting live -stream video at www.kitchener.ca/watchnow. Information on how you can participate or submit written comments for any matter on this agenda are provided below. HOW TO PARTICIPATE: ➢ All applications must be represented by an applicant or agent to be considered by the Committee. Please follow the registration information as listed below to confirm the most up-to-date contact information_ As in-person meetings are not an option at this time, you can view or participate in a meeting as follows: • To participate you can register no later than 4:00 p.m. on Monday June 14, 2021. To register please email CofAa-kitchener.ca or via phone at 519-741-2203. When registering you must provide your full contact name including mailing address, email address, phone number and application you would like to comment on. Once you are registered you will receive an email including information on how to connect to the Zoom meeting (i.e. weblink of conference call number). • You can provide a written submission no later than 8:30 a.m. Tuesday June 15, 2021, which would be circulated to the Committee for consideration. All written submissions MUST include your full name, mailing address, phone number and email address if possible. Failure to include your contact information will prevent it from being circulated to the Committee. If you are unsure whether you would like to speak but would rather listen and watch the meeting with the option to comment on a particular application, please registerwith the Secretary -Treasurer (information provided above). You will not be required to speak if you choose not to. Copies of written submissions and public agencies' comments are available on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2021-047 - 68 Guerin Avenue Permission to reconstruct a deck in the side yard abutting Guerin Avenue on an existing semi-detached dwelling having a rear yard setback of 2.81 m rather than the required 4m; and, a side yard setback of 4.26m rather than the required 4.5m. A 2021-048 - 93 Michener Crescent Permission to construct a two car garage addition in the rear yard of an existing single detached dwelling having a rear yard setback of 1.49m rather than the required 7.5m; and, to legalize an existing driveway width of 12.53m rather than the maximum permitted driveway width of 8m. A 2021-049 - 279 Sheldon Avenue North Permission to legalize a covered deck in the rear yard of a single detached dwelling having a westerly side yard setback of 0.55m rather than the required 1.2m. A 2021-050 - 4 Dekay Street Permission to construct a 1 -storey 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; and, for the required parking to be located 1.6m from the street rather than the required 6m. A 2021-051 - 185 Simeon Street Permission to construct a 2 -storey rear yard addition on an existing single detached dwelling having a northerly side yard setback of 0.88m rather than the required 1.2m. Page 1 of 3 A 2021-052 - 74 Chestnut Street Permission to construct a 2 -storey addition and garage in the rear yard of an existing single detached dwelling having a side yard abutting Mansion Street of 0.88m rather than the required 4.5m; an uncovered porch having a Om setback from Mansion Street rather than the required 4.5m; a raised covered deck having a height of 1.2m to be located 0.6m from the southerly lot line rather than the required 1.2m; the required off- street parking space and detached garage to be located 1.41 m from the property line rather than the required 6m; and, to allow the proposed addition to encroach 3.57m within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. The existing rear yard deck, addition and shed are proposed to be demolished. A 2021-053 - 12 Blucher Street Permission for an existing single detached dwelling to have a driveway located in the rear yard, accessed by a side yard easement whereas the By-law requires driveways to lead directly to the street; and, to located the required off-street parking spaces 0.6m from the lot line rather than the required 6m. A 2021-054 - 74 Paddock Court Permission to construct an accessory building in the rear yard of an existing single detached dwelling, the accessory building to have a maximum building height of 7.77m rather than the permitted maximum height of 5.5m; and; the underside of the fascia to be 5.2m rather than the maximum permitted 3m. A 2021-055 - 41 Heiman Street Permission for a single detached dwelling under construction to have the vertical support post for the covered porch to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the 4.5m DVT; and, and, a minimum side yard setback for a driveway leading to the required parking space of 2.89m rather than the required 3m. A 2021-056 - 29 Brunswick Avenue Permission to construct a 2 -storey addition in the rear yard of an existing single detached dwelling having a rear yard setback of 7.2m rather than the required 7.5m; and, side yard abutting Guelph Street of 4.06m rather than the required 4.5m. The existing garage is proposed to be demolished. B 2021-029 - 196 Sydney Street South 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 8.7m, a depth of 28.9m and an area of 248 sq.m. The retained land will have a width of 8.7m, a depth of 27.6m and an area of 242 sq.m. The existing dwelling will be demolished. B 2021-030 - 509 Mill Street Permission to sever a parcel of land having a width on Mill Street of 12.8m, a depth of 64m and an area of 801 sq.m. to be conveyed as a lot addition to the property municipally addressed as 485 Mill Street. Both parcels will continue to be industrial employment use. B 2021-031 & B 2021-032 - 425 Bingemans Centre Drive Permission to sever a parcel of land identified as Part 1 on the plan submitted with the application having a width on Bingemans Centre Drive of 302.72m, a westerly depth of 288.69m and an area of 7.891 hectares. Permission is also being requested to grant an irregular shaped easement having a total area of 0.91 hectares on the retained lands over Part 3 in favour of the severed lands for storm services; and, to grant an access easement over Part 2 having a width on Bingemans Centre Drive and a total area of 0.863 hectares. B 2021-033, A 2021-057 & A 2021-058 - 269-271 Madison Avenue South & 184 Mill Street Permission is being requested to sever a parcel of land municipally addressed as 184 Mill Street having a width of 13m, a depth of 18.4m and an area of 221 sq.m. The retained land municipally addressed is 269- 271 Madison Avenue South is irregular in shape having a width on Madison Avenue South of 22m, an approximate depth of 29.3m and an area of 732 sq.m. Permission is also being requested for minor variances for the retained land to legalize an existing northerly side yard setback of 0.4m rather than the required 1.2m; a parking rate of 0.3 parking spaces per unit rather than the required parking rate of 1.5 parking spaces per unit; and, to allow 0 barrier free parking spaces rather than the required 1 barrier free parking spaces. Permission is also requested for minor variances for the severed land to permit a southerly side yard setback of 0.9m rather than the required 1.2m; a rear yard setback of 5m rather than the required 7.5m; and, a lot area of 221 sq.m. rather than the required 235 sq.m. Page 2 of 3 B 2021-034, B 2021-035, A 2021-059 & A 2021-060 - 297 Ottawa Street South 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 15.85m, a depth of 15.26m and an area of 258 sq.m. The retained land will have a width of 15.26m, a depth of 16.76m and an area of 239 sq.m. Permission is also required to grant for easements on both the severed and retained lands between the semi-detached dwellings on the common property line having a width of 1.5m on each property for maintenance purposes. Permission is also requested to grant minor variances for the severed land to permit the dwelling to be used as a "Semi -Detached Duplex Dwelling" whereas the By-law does not permit a "Semi -Detached Duplex Dwelling"; and, to have a rear yard setback of 1.4m rather than the required 7.5m. Permission is also requested to grant minor variances for the retained land to permit the dwelling to be used as a "Semi - Detached Duplex Dwelling" whereas the By-law does not permit a "Semi -Detached Duplex Dwelling"; to allow two pedestrian entrances to remain on the street line facade whereas the By-law only permits 1 entrance for a Semi -Detached dwelling; and, to allow a parking spaces within the garage to be 2.8m wide rather than the required 3m. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2203). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the online Council and Committee calendar; see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Local Planning Appeal Tribunal (LPAT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to CofA(a)-kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 28th day of May, 2021. Dianna Saunderson Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON May 28, 2021. Page 3 of 3 Staff Report ` De velo hent Services Departrnent www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15th, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: June 4th, 2021 REPORT NO.: DSD -2021-96 SUBJECT: Minor Variance Application A2021-047 68 Guerin Ave Applicant — Adam Alsaqqa, J-AAR Excavatin Owner — Shaddi Fahal & Karolina Laufer RECOMMENDATION: That application A2021-047 requesting permission to permit a deck to have a rear yard setback of 2.81 metres whereas a setback of 4.0 metres is required, and to permit a side yard abutting a street setback to be 4.26m rather than the required 4.5m, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 5.6A.4c) & d) of the Zoning By-law to allow a deck to have a rear yard setback of 2.81 metres rather than the required rear yard setback of 4.0 metres and to allow a side yard setback of 4.26 metres rather than the required 4.5 metres for decks greater than 0.6 metres in height. Ong Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4), in Zoning By-law 85-1. The applicant is proposing to renovate the existing deck. The side yard abutting a street variance is due to City initiated road work and widening. The side yard abutting a street also acts as an amenity space due to the lack of rear yard that was approved in a previous minor variance for the creation of the semi-detached dwelling. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City's Official Plan. This designation places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 4.0 metre rear yard setback for a deck that is above 0.6 metres in height is to ensure there is adequate outdoor amenity space for the dwelling. The property is a semi-detached dwelling and the side yard abutting a street is considered the amenity space, as the property was approved for a rear yard setback variance of 1.4 metres. The deck will be setback further from the rear property line at 2.81 metres. Furthermore, the intent of the 4.5 metre side yard abutting a street setback for a deck that is above 0.6 metres in height is to ensure there is sufficient setback from the road and that there are no visibility issues for the corner visibility triangle or for neighbouring properties. Guerin Avenue has also recently gone through City initiated road construction and road widening, which has made the setbacks now no longer conform to the Zoning By-law. The deck would have conformed to the side yard setback pre - road widening. Staff has no concerns with the rear yard or side yard abutting a street setback and is of the opinion that the reduced rear yard and side yard setbacks meets the general intent of the Zoning By-law. Is the Variance Minor? The variances can be considered minor, as it is the opinion of staff that the rear yard setback continues to accommodate the appropriate rear yard setback, as the existing semi-detached dwelling was granted a rear yard setback of 1.4 metres which is closer than what is being currently requested for the deck at 2.81 metres. The side yard abutting a street setback was a result of a road widening and the 0.24 metres closer to Guerin Avenue can be considered minor. The setback of 2.81 metres for the rear yard, and setback of 4.26 metres for the side yard abutting a street will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances are not anticipated to impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition will not negatively impact the existing character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on May 28th, 2021. Photo of Subject Property (Side view) Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the rear yard deck and is currently under review Transportation Comments: Based on the deck being rebuilt in the same location, Transportation Services can support the 0.07 metre encroachment into the required 4.57 metre driveway visibility triangle (DVT). Heritage Comments: Heritage planning has no concerns. Environmental Comments: No Environmental Planning concerns as no tree removal is necessary/proposed with the replacement of the existing deck. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: The property previously went before the Committee of Adjustment for applications B2010-041 & A2010-058, for the severance of the semi-detached dwelling and other required variances. Site Plan — 68 Guerin Avenue PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A2021-048-93 Michener Crescent— No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report ` De velo hent Services Departrnent www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 2 DATE OF REPORT: June 9, 2021 REPORT NO.: DSD 2021-109 SUBJECT: Minor Variance Application A2021-048 93 Michener Crescent Owner —Joy Belfast -Kum Applicant — Jim Gerrard / Gerrard's Design & Drafting Inc RECOMMENDATION: That application A2021-048 requesting permission to construct a two -car garage addition in the rear yard of an existing single detached dwelling having a rear yard setback of 1.49 metres rather than the required 7.5 metres; and, to legalize an existing driveway width of 12.53 metres rather than the maximum permitted driveway width of 8 metres, be approved, subject to the following conditions: 1) 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; and, 2) That condition 1 above be completed by September 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Area on the Urban Structure Map. The property is zoned Residential Three (R-3) in By-law 85-1 Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan The intent of the Low -Rise Residential designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The proposed garage addition onto an existing single detached dwelling maintains this intent and therefore it is the opinion of Planning staff that the general intent of the Official Plan is maintained. View from Michener Crescent of existing house with single car garage (Note: existing garage to be converted to living space). General Intent of the Zoning By-law The intent of the regulation for a 7.5 metres rear yard setback is to ensure that a dwelling has sufficient separation to provide privacy from abutting neighbours and to provide an outdoor amenity area. For the subject property, which is a corner lot, the rear yard is currently the location of a fabric carport with limited room for amenity space (see photo above). The drawings submitted with the application indicate that the existing single -car garage will be converted to living space and a new double -car garage added to the main structure resulting in a rear yard of 1.49 metres. The first intent noted above, to provide separation between neighbouring structures for privacy is met because the new garage will separate the living spaces between neighbours therefore providing privacy. The second intent, to provide amenity area, can be met as shown in the photo above with the existing covered porch area. As well, the owner is able to provide an amenity area at the other end of the dwelling along Oldfield Drive and could consider a fenced -in area in the future. The intent of the regulation for a maximum driveway width of 8 metres is to ensure that driveways do not dominate a streetscape or property. The existing driveway width of 12.53 metres is existing and this width is only within the subject property lines. The width of the driveway access on City lands is 8.1 metres. As noted by Engineering staff below, the access driveway apron will not be permitted to be widened. Also noted, Transportation Planning staff has no comments with the driveway width on the subject property as long as the access remains at 8.1 metres. Based on the above, staff is of the opinion that the general intent of the zoning by-law is met. Is the Variance Minor? As noted above, the proposed addition will not negatively impact the subject property as the intent of the regulations are met. The variances may be considered minor. Is the Variance Appropriate? The City's Environmental Planner has noted concerns with the requested rear yard setback reduction. A number of large trees are in close proximity to the proposed garage addition. The trees on are on the subject property and 103 Michener Cres. It is requested that an arborist report be provided to evaluate potential impacts and mitigation measures and a condition is noted above for this report. Provided satisfactory mitigation measures can be provided regarding trees on the subject and neighbouring properties the proposed variance can be considered appropriate. Also, it is noted that attached to the submitted application are letters from six neighbours in support of the proposed addition. Regarding the variance for the driveway width, it is an existing condition and no complaints have been received to date. Based on above comments, staff is of the opinion that as the proposed variances are appropriate for the subject property and surrounding neighbourhood subject to condition as noted in the Recommendation section. City Planning staff conducted a site inspection of the property on May 31, 2021. View from corner of Michener Crescent and Oldfield Drive Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: As noted in the application, the existing driveway width as it abuts the municipal right-of-way of 8.1 metres is acceptable. Engineering Comments: Engineering has no comments. However, the applicant should be aware that if this application is approved, a future driveway widening (curb cut) application won't be approved as a City -owned street tree is adjacent to the existing driveway apron. The driveway apron currently in place cannot be widened any further. Environmental Planning: Environmental Planning has concerns with the requested rear yard setback reduction. A number of large trees are in close proximity to the proposed garage addition. The trees are on the subject property and 103 Michener Cres. An arborist report should be provided to evaluate potential impacts and mitigation measures. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A2021-048-93 Michener Crescent— No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report ` De velo hent Services Departrnent www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Dumart, Craig, Planner, Planner, 519-741-2200 ext. 703 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: June 3, 2021 REPORT NO.: DSD -2021-103 SUBJECT: Minor Variance Application A2021-049 279 Sheldon Avenue North Owners — Amanda Hawkins, Allen Hawkins Applicant - Mirka Kulesza RECOMMENDATION: That minor variance application A2021-049 requesting permission to re -construct an attached covered deck in the rear of an existing single detached dwelling having a side yard setback of 0.55 metres rather than the required 1.2 metres be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 40.2.1 of the Zoning By-law to allow an attached covered deck to located 0.55 metres from the side lot line rather than the required 1.2 metre side yard setback. Location Map: 279 Sheldon Avenue North *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Areas on the City's Urban Structure Map. The property is zoned as Residential Six Zone (R-6) in Zoning By-law 85-1. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced side yard setback is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed use conforms to the designation and it is the opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law The requested variance to reduce the side yard setback from 1.2m metres to 0.55 metres meets the general intent of the Zoning By-law. The existing covered deck is located 0.55 metres from the east side lot line and the reconstructed covered deck will continue to be located 0.55 metres from the east side lot line. Furthermore, adequate access to the rear yard is provided, as the west side of the existing single detached dwelling provides a 1.58 metre side yard setback. Is the Variance Minor? The reduction of the side yard setback is considered minor. Staff is of the opinion that the variance will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. A reduced sick yard setback will not negatively impact the character of the subject property or surrounding neighbourhood as it will likely be negligible. City Planning staff conducted a site inspection of the property on May 30, 2021. Existing single detached dwelling at 279 Sheldon Avenue North Building Comments: The Building Division has no objections to the proposed variance provided building permit for the renovations to the rear yard deck is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A2021-048-93 Michener Crescent— No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report ` De velo hent Services Departrnent www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: June 3, 2021 REPORT NO.: DSD -2021-101 SUBJECT: Minor Variance Application A2021-050 4 Dekay Street Owner — Christopher McCluskey and Fiona Lusby Applicant — Marie Max RECOMMENDATION: That minor variance application A2021-050 requesting relief from Section 39.2.1 to allow an addition to have a rear yard setback of 1.2 metres rather than the required 7.5 metres, and requesting relief from Section 6.1.1.1b.i to allow the required parking space to be located a distance of 1.6 metres from the street line rather than the required 6 metres to accommodate an addition to an existing single detached dwelling, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief to build an addition to an existing single detached dwelling with a rear yard setback of 1.2 metres rather than the required 7.5 metres. The applicant is also requesting relief to allow the required parking space to be located a distance of 1.6 metres from the street line rather than the required 6 metres. An addition to the existing single detached dwelling, as well as a driveway that can accommodate an accessible entry, is proposed. The existing fence does not comply with the City's Fence By-law and further consideration of a future fence variance application will be undertaken when a new fence is designed. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 4 Dekay Street BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) with Special Regulation Provision 129U (which prohibits triplexes) in Zoning By-law 85-1. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: 1. General Intent of the Official Plan The intent of the Low Rise Residential land use designation is to permit a variety of low density residential uses. The property is developed with a single detached dwelling and an accessible addition is proposed within the rear and side yard. To accommodate an accessible building addition and ramped entrance, the required parking space is proposed to be located closer to the street. Planning Staff is of the opinion that the general intent of the Official Plan is maintained. 2. General Intent of the Zonina By-law The intent of the 6.0 metre setback for a required parking space is to ensure that a second parking space can be provided on-site in tandem. A single detached dwelling requires one parking space in Zoning By-law 85-1, setback a minimum of 6.0 metres to provide a second space. The proposed driveway is 5.7 metres in width and can accommodate two parking spaces side by side. The side by side configuration is needed to accommodate an accessible ramp leading into the house from the driveway. The intent of the 7.5 metres rear yard is to ensure there is adequate outdoor amenity space and proper separation between properties. In this case, due to the irregular shape of the lot, the amenity space is provided in the side yard. The proposed setback of 1.2 metres is adequate to ensure separation from the adjacent rear yard. Planning Staff is of the opinion that the general intent of the Zoning By-law is maintained. Is the Variance Minor? The proposed variance is minor. Staff is of the opinion that the requested variances will allow for an addition and an accessible access. Required on-site parking and amenity space are met. The existing single detached dwelling, and addition, are compatible with the surrounding community. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as a single detached dwelling is a permitted use in the Zoning By-law and the requested variances will allow for building improvements that are needed for the occupants of the dwelling. City Planning staff conducted a site inspection of the property on May 31, 2021. Existing Building — 4 Dekay Street Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services can support a 1.6 metre parking setback from the required 6.0 metre parking setback as noted within the application. The maximum height of an object within the driveway visibility triangle is 0.9 metres. This dimension should be illustrated on the plan. Also, any future submissions should note the 4.57 metre DVT's on the plan. Heritage Planning Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 4 Dekay Street is located within the Mount Hope / Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A2021-048-93 Michener Crescent— No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report De velo relent Services Dq,oartrlent REPORT TO: Committee of Adjustment DATE OF MEETING: June 15th, 2021 �.L www. kitchener ca SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: June 4th, 2021 REPORT NO.: DSD -2021-97 SUBJECT: Minor Variance Application A2021-051 185 Simeon Street Applicant — David Thompson, David Thompson Architect Ltd. Owners — Scott Weber and Heather Kendall RECOMMENDATION: That application A2021-051 requesting permission to allow a rear yard addition to have a side yard setback of 0.88 metres whereas a setback of 1.2 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow a rear yard addition to have a side yard setback of 0.88 metres rather than the required 1.2 metres. Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The applicant is proposing to renovate the existing single detached dwelling and build a rear yard addition. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City's Official Plan. This designation places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. It is the opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback is to ensure there is adequate space to access the rear of the property. The existing dwelling was built many years ago, and the 0.88 metre setback is now considered legal non -conforming. The existing setback has caused no issues with rear yard access in that time, and staff has no concerns with the building addition matching the existing 0.88 metre setback. Staff is of the opinion that the reduction in the side yard setback meets the general intent of the Zoning By-law. Is the Variance Minor? The variances can be considered minor as it is the opinion of staff that the side yard setback continue to accommodate the appropriate rear yard access. The setback of 0.88 metres for the side yard will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances is unlikely to impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition will not negatively impact the existing character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on May 28th, 2021. a � r I �h. r R S Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 185 Simeon Street is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. MEON STREET VI -..-r. I� Ls��ior>e I� +4 3rrvrwry _Lot- Y tLKi: k UM_ R�I FI "1 T�fi5 I Ar I k f �u pmr� ,KI E x1stdr,g TWO I Story+ Brfek; I r r I� ' Prapos ad T I Story Addie I i 9,%, am• I •-� J r +Fil' Y9rdb. J f � I r ------------------ if -----___ n,_ M z5' 0a� ao- w Concept Layout — 185 Simeon Street PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A2021-048-93 Michener Crescent— No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River May 28, 2021 RE: LETTER OF SUPPORT MINOR VARIANCE APPLICATION A 2021-051 185 SIMEON STREET, KITCHENER Committee of Adjustment I am the neighbour most affected by the request for Minor Variance at the above noted address, and write this letter in support of the proposed design and 0.88m setback on the north side to align with the existing north wall of the home. Should you have any questions or comments, feel free to contact me directly at any time. Yours very sincerely, Staff Report ` De velo hent Services Departrnent www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 10 DATE OF REPORT: June 9, 2021 REPORT NO.: DSD 2021-110 SUBJECT: Minor Variance Application A2021-052 74 Chestnut Street Owner—Annette and Raymond Higgins RECOMMENDATION: That application A2021-042 requesting permission to legalize the required one off-street parking space to be located 1.41 metres from the property line abutting Mansion Street and a raised covered deck in the rear yard, having a height of 1.2 metres, to be located 0.6 metres from the southerly lot line rather than the required 1.2 metres; be APPROVED, And further, that the request for permission to construct: 1) a detached garage in the rear yard of an existing single detached dwelling to be located 1.41 metres from the property line abutting Mansion Street rather than the required 6 metres, 2) a one and two-storey addition in the rear yard of an existing single detached dwelling having a side yard abutting Mansion Street of 0.88 metres rather than the required 4.5 metres, 3) an uncovered porch having a 0 -metre setback from Mansion Street rather than the required 4.5 metres; and, 4) to allow the proposed one and two-storey addition to encroach 3.57 metres into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; be REFUSED. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The property is designated as Low Rise Conservation A in the Central Frederick Neighbourhood Plan of the City's Official Plan and identified as Community Area on the Urban Structure Map. The property is zoned Residential Five (R-5) in By-law 85-1. Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan The intent of the Low Rise Conservation A designation is to preserve the scale, use and intensity of the existing neighbourhood. The subject single detached dwelling is existing and is a permitted use in the designation. The proposed addition of living space, carport and garage continues to provide a low-rise housing option in this neighbourhood. Therefore, Planning staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law Regarding the existing off-street parking space located 1.41 metres from the lot line abutting Mansion Street rather than the required 6 metres, this is an existing situation and has not been a concern in the past. Because of the size of the rear yard, it is not possible to locate the parking space further from the Mansion Street lot line. Staff is of the opinion that this variance meets the general intent of the bylaw. Regarding the proposed raised covered deck with a height of 1.2 metres above grade, to be located 0.6 metres from the side lot line, the 1.2 metre setback is required in order to provide room for maintenance of the structure and also to provide separation from neighbouring lot lines. The proposed 0.6 metres will permit maintenance and continues to provide an adequate setback which appears unlikely to negatively impact the neighbouring property. Regarding the proposed building addition, it is noted that though staff could support a setback of 0.88 metres for the 2 -storey addition, there is a more onerous variance for the addition as it is located 3.57 metres into the required 4.57 metres DVT. Staff do not support new structures that are substantially located in DVTs. As above variances, #2 to 4, are part of the same addition, staff is unable to support them as there is concern with new structures being located in a DVT and therefore the general intent is not being maintained. Regarding the proposed garage, at 1.41 metre setback, it is noted that it is also substantially located inside a DVT. In addition, Transportation Planning staff has advised that in the future a sidewalk will be proposed for this block. This would add to safety concerns for pedestrians using the sidewalk and vehicles backing out of driveway and garage on the property and therefore does not meet the general intent of the Zoning by-law. Based on the above comments regarding the building addition and the garage, staff is of the opinion that the general intent of the Zoning By-law is not maintained. MW View of existing parking area from Mansion Street (existing deck and one -storey addition to be demolished) Is the Variance Minor? As noted above, the existing off-street parking space and the proposed deck meet the general intent of the bylaw and staff considers these variances to be minor. Regarding the proposed new dwelling addition and garage, both of which would be substantially located inside the required 4.57 metres DVTs, staff are of the opinion that the variances cannot be considered minor by Planning or Transportation Planning staff. Is the Variance ADDroariate? Staff is of the opinion that the off-street parking space and the proposed deck are appropriate for the property and would not negatively impact the surrounding neighbourhood. Regarding the proposed building additions, staff is of the opinion that these variances are in two DVTs, and this would have an impact for driver's visibility and creates a safety hazard. Therefore, it is staff's opinion that the variances are not appropriate for the subject property or the neighbourhood. City Planning staff conducted a site inspection of the property May 29, 2021 View from corner of Chestnut and Mansion Streets It is noted that before the application was accepted staff advised that we could not support the variances in the DVTs. It would have been preferable to meet with the applicant and with Transportation Planning staff to determine if modifications could have been made to the proposal that staff could support, such as having no interior wall for the garage, so that it acts more as a carport across both parking spaces. Should the applicant wish to defer this application, City staff are available to meet to discuss if modifications to the proposal could be supported. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to any construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services can support a 1.41 metre parking space setback from the required 6.0 metre parking setback. However, Transportation Services cannot support the new building addition as proposed in the application, to be located within 3.57 metres of the required 4.57 metre DVT. It is our opinion that the DVT encroachment is not minor and is creating an unsafe situation. Also, Transportation Services cannot support the new garage as noted in the application, as there is an encroachment of approximately 3.16 metres into the required 4.57 metre DVT by a solid wall of the proposed garage. Engineering Comments: Engineering has no comments. Environmental Planning: No concerns. Heritage Planning: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 74 Chestnut Street is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A2021-048-93 Michener Crescent— No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report ` De velo hent Services Departrnent www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15th, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: June 4th, 2021 REPORT NO.: DSD -2021-98 SUBJECT: Minor Variance Application A2021-053 12 Blucher Street Applicant & Owner — Igor Rasevic RECOMMENDATION: That application A2021-053 requesting permission to permit a driveway that does not lead directly from a street or lane to a required parking space, rather than where a required driveway must be located so as to lead directly from a street or lane to a required parking space, and to permit a legal parking space to be setback 0.6m from the side lot line rather than the required 6 metres, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 6.1.1.1b) ii) a) of the Zoning By-law which requires a driveway to be located so as to lead directly from a street or lane to a required parking space, either within a garage or outside and further relief from Section 6.1.1.1 b) to permit the legal parking spot to be located 0.6m away from the lot line rather than the required 6 metres. rr Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) with Special Use Provision 129U in Zoning By-law 85-1. The applicant is proposing to renovate the existing single detached dwelling to a duplex dwelling and cannot meet the parking regulations as outlined at the beginning of the report. Due to the age of the property there is no room for a driveway to be located at the front of the property. The property does have legal access to the rear of the property via an existing easement through the property addressed 14 Blucher Rd. The right of way easement was created in 1980 and is identified as Part 2 on Plan 58R3105 and registered number 799991. There is also space for 2 cars to be legally parked within the rear yard. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City's Official Plan. This designation places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires a driveway to be located so as to lead directly from a street or lane to a required parking space, is to ensure that vehicles have the appropriate access to their parking spaces at all times and do not have to travel through adjacent neighbouring properties. At this specific property there is an established right of way across the neighbouring lands, that ensures vehicular access is provided and maintained to the rear of the property where the 2 parking spaces are located. The requested variance to legalize the off-street parking space 0.6 metres from the side lot line meets the general intent of the Zoning Bylaw. The reduction of 5.4 metres from the required 6 metres can be considered minor. The intent of the 6.0 metre required setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way and surrounding properties. The driveway is located at the rear of the property and is outside of the City's right-of-way. The driveway uses the established right of way easement for access, and there is space for a double wide driveway for 2 cars to be safely parked. Staff has no concerns and is of the opinion that the requested variances meet the general intent of the Zoning By-law. Is the Variance Minor? The variances can be considered minor as it is the opinion of staff that the right of way easement permits the driveway access to the rear of the property, and the reduction in parking space setback from 6.0 metres to 0.6 metres will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition will not negatively impact the existing character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on May 281h, 2021. Fl Photo of Subject Property (Front and Side view) Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the change of use to a duplex and is currently under review. Transportation Comments: Transportation Services can support the 0.6 metre parking setback from the required 6.0 metre parking setback and a driveway access leading to a municipal street through an existing easement with 14 Blucher Street, as noted within the application Heritage Comments: Heritage planning has no concerns. Environmental Comments: Environmental planning has no concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. ____ f. _______ E%iSTING SHED. 2.5 S4.M Proposed site plan 8.7M EXISTING HOUSE 92 SQ.M ECA SPARKING 5PACESI 2.75M X55N1 II f—_—_—_—_—_—_—_—_—_—_—_—_—_—_Jo._—_� Proposed site plan PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A2021-048-93 Michener Crescent— No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report De velo relent Services Dq,oartrlent REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 2021 �.L www. kitchener ca SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Vieira, Jessica, Student Planner WARD(S) INVOLVED: Ward 3 DATE OF REPORT: June 4, 2021 REPORT NO.: DSD -2021-105 SUBJECT: Minor Variance Application A2021-054 74 Paddock Court Owner / Applicant — Robert Covach RECOMMENDATION: That application A2021-054 requesting permission for an accessory structure to have a maximum height of 7.77 metres where 5.5 metres is permitted and a fascia height of 5.2 metres where 3.0 metres is permitted, be approved. REPORT HIGHLIGHTS: The application is requesting relief from Section 5.5 B) of Zoning By-law 85-1 to permit an accessory structure to have a maximum height of 7.77 metres rather than the required 5.5 metres and to permit the maximum height to the underside of the fascia be 5.2 metres rather than the required 3.0 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. ■ Figure 1: Location Map BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Area on the City's Urban Structure Map. The property is zoned as R-1 183R in Zoning By-law 85-1 REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The intent of the Low -Rise Residential designation in the City Official Plan is to permit a variety of low- density residential uses. Within this designation, there are regulations to ensure that accessory structures do not create visual encroachment issues, shadow impacts, or privacy issues for adjacent properties. Emphasis is also placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a two-storey, single detached residential dwelling as well as the accessory structure. There is also sufficient setbacks and separation distances from the accessory structure to the existing neighbouring dwelling. It is the opinion of Staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The requested minor variances to permit an accessory structure to have a peak height of 7.77 metres rather than a maximum peak height of 5.5 metres and to have the underside of the fascia to be 5.2 metres in height rather than the required maximum of 3 metres meets the general intent of Zoning By- law 85-1. Due to the large size and grade of the property, as well as the setbacks from the existing neighbouring property, the increase in height at the peak and fascia will be negligible in the context of the area. Further, the views of the neighbouring property will not be impacted. Is the Variance Minor? The proposed increase in accessory structure height and fascia height is minor, as it represents only a 2.27 metre and 2.2 metre difference respectively. These increases will not create unacceptable impacts on either the subject property or adjacent properties and is consistent with the character of the neighbourhood. The variance in height is also not visible from the street. Therefore, Staff is off the opinion that the requested minor variance is minor. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances in building height and fascia height will not impact any of the adjacent properties or the surrounding area. Apart from height and fascia height relief, the dwelling complies fully with the Zoning By-law. Planning Staff is of the opinion that the variance is appropriate. City Planning staff conducted a site inspection of the property on May 31, 2021. Figure 2: Front Elevation of Accessory Structure Figure 3: Rear Elevation of Accessory Structure Building Comments: The Building Division has no objections to the proposed variance provided that a building permit for the accessory structure for the accessory building is obtained. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application. Environmental Planning Comments: There are no environmental planning concerns associated with the application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. CONSULT — Planning Staff were contacted by a neighbour who expressed some concern over the proposed minor variances. Clarification on what was being requested within the application was provided and concerns was addressed. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A2021-048-93 Michener Crescent— No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report De velo relent Services Dq,oartrlent REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 2021 �.L www. kitchener ca SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: June 7, 2021 REPORT NO.: DSD -2021-107 SUBJECT: Minor Variance Application A2021-055 41 Heiman Street Owner: Roman Zycki RECOMMENDATION: That Minor Variance Application A2021-055, for 41 Heiman Street, requesting relief from: A. Section 5.3 of By-law 85-1 to allow a post supporting the roof of a covered porch to be located within the Driveway Visibility Triangle (DVT), and B. Section 40.2.2 of By-law 85-1 to allow a minimum side yard of 2.89 metres, whereas a minimum side yard of 3.0 metres is required where a driveway leading to a required parking space is situated between the main building and the side lot line, be approved without conditions. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1. Aerial photo of the subject property, in context. REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of variances to facilitate the construction of a single detached dwelling. • This report supports the delivery of core services. • There are no financial implications to the City. • This report supports the delivery of core services. BACKGROUND: This report is being brought forward to facilitate the construction of a single detached dwelling with a reduced side yard setback (driveway side) and to allow a post supporting a covered porch to encroach into the Driveway Visibility Triangle. Figure 2. View of subject property looking east from Heiman Street. The post supporting the covered porch is outlined in white. REPORT: The subject property is located on the southeast side of Heiman Street, in the Southdale Planning Community. A new single detached dwelling is currently under construction on the property. The surrounding lands are composed of a mix of low density residential land uses, including, for example, single detached dwellings, semi-detached dwellings, street townhouses, and cluster townhouses. The property is designated Low Rise Residential in the Official Plan and is primarily zoned Residential Six (R-6), with Special Regulation Provision 1 R in By-law 85-1 (a small sliver of the property is simply zoned R-6 without 1 R). Special Regulation Provision 1R requires that a GRCA permit be obtained, prior to development or alteration to shorelines or watercourses. By-law 2019-051 does not yet apply to the subject property. Planning staff visited the property on May 28, 2021. To complete the single detached dwelling, the applicant is seeking two minor variances: 1. Requesting relief from Section 5.3 of By-law 85-1 to allow a post supporting the roof of a covered porch to be located within the Driveway Visibility Triangle (DVT), and 2. Requesting relief from Section 40.2.2 of By-law 85-1 to allow a minimum side yard of 2.89 metres, whereas a minimum side yard of 3.0 metres is required where a driveway leading to a required parking space is situated between the main building and the side lot line. General Intent and Purpose of Official Plan Test Several Official Plan policies relate to Variance 1, for example: 13.C.1.1. The City will ensure, whenever feasible, the provision of facilities to encourage walking and cycling, and to address the needs, safety and convenience of pedestrians and cyclists when constructing or reconstructing public facilities. With respect to Variance 2, the intent of the Official Plan is for residential properties to function appropriately and not create unacceptable adverse impacts for adjacent properties, by providing adequate on-site facilities to support the use. In this case, the supporting facility in question is an adequately sized driveway. In this regard, Transportation Services advises that the requested encroachment into the DVT is minor and that it can support the application. Transportation Services does not have any concerns with the width of the driveway to support the use. Planning staff is of the opinion that the requested variances meet the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The Zoning By-law states that the purpose of the DVT requirement is "to allow complete view of oncoming motor vehicle and pedestrian traffic by other such traffic entering the intersection or street." The intent of Variance 2 is to ensure that an adequately sized side yard setback is provided to allow for a functional driveway in the side yard. As aforementioned, Transportation Services advises that the requested encroachment into the DVT is minor and that it can support the application. Transportation Services does not have any concerns with the ability of the side yard to support a sufficiently wide driveway to support the use. In addition, Planning staff notes that the minimum driveway width of 2.6 metres can be maintained within this reduced side yard. Planning staff is of the opinion that the requested variances meet the general intent and purpose of the Zoning By-law. "Minor" Test The variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. Transportation Services does not have concerns with either variance. Furthermore, Planning staff does not foresee any concerns. Desirability for Appropriate Development of the Land Test The variances will facilitate construction of a single detached dwelling on the subject property. A single detached dwelling is a permitted use in the Official Plan and Zoning By- law. Planning staff is of the opinion that the variances are desirable for the appropriate development of the land. For the abovementioned reasons, Planning staff is of the opinion that the variance requests are justified. Building Division Comments: The Building Division has no objections to the proposed variances. Transportation Services Comments: Based on the minor encroachment of 0.36 metres into the 4.57 metre DVT, Transportation Services can support the proposed application. Engineering Services Comments: Engineering has no comments. Environmental Planning Comments: Environmental planning staff has no concerns. Heritage Planning Comments: Heritage planning staff has no concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. PREVIOUS REPORTS/AUTHORITIES: • Section 45, Planning Act, R. S. O. 1990, c. P.13 ATTACHMENT: Attachment A — Drawing included with the application 1-1j a � � °'� �a — _ +rza•�y gip-,,. �" �. OT b r �MIFiLPnrye SFR [17N5P _x _sJi F f - N a `-gam 457 G� Gi r� 3rs.�a p_k_�.'M�4M MTJF n..:.yi m$ ig 27.249 (L Tf -rAs' !Pf � iP) 1 v rq A 36. 71 e a x = �- 1,3 �Z �P y� lag ERA n C1 xn � � n x�o a I n r F 10 9 5 s a C op z $ p o �a�@ ` l r om Gi a � � � � �' � � � � ro H �{ m C � �2 7 -, C �Nr m ql m n o� 5- o = CC T�NZz� 2 T 2Cc o r't vi� LC O D 'aan caimn vp 5W in p9t a 1 N O m at c 2 + to r v O 2Z:2C7 Q � Q $Twm ��i f H y Oo M m mz O Oo ofJf I�s. I _ .'. 3 0 TAMROTH CLOSE s n r F 10 9 5 s a C op z $ p o �a�@ ` l r om Gi a � � � � �' � � � � ro H �{ m C � �2 7 -, C �Nr m ql m n o� 5- o = CC T�NZz� 2 T 2Cc o r't vi� LC O D 'aan caimn vp 5W in p9t S n 2 N O m at ®s e� �� to r m O 2Z:2C7 T r � Q $Twm ��i f H y Oo M mz O Oo ofJf 2 E; _ .'. 3 0 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A2021-048-93 Michener Crescent— No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report ` De velo hent Services Departrnent www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Vieira, Jessica, Student Planner WARD(S) INVOLVED: Ward 10 DATE OF REPORT: June 1, 2021 REPORT NO.: DSD -2021-106 SUBJECT: Minor Variance Application A2021-056 29 Brunswick Avenue Owner — Adam Nobel and Heather Nobel Applicant — Phil McFaden C/O Sutcliffe Homes Inc. RECOMMENDATION: That minor variance application A2021-056 requesting permission to allow a new attached garage with above living space to have a rear yard setback of 7.2 metres whereas 7.5 metres is required and side yard setback of 4.06 metres where 4.5 metres is required, be approved subject to the following conditions: That the Owner submits a Building Permit application for the proposed new garage and second storey addition that generally complies with the site plan drawing submitting with this application, dated May 14, 2021. 2. The Owner shall prepare a Tree Preservation/Enhancement Plan for the severed lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. REPORT HIGHLIGHTS: The application is requesting relief from Section 38.2.1 of Zoning By-law 85-1 to facilitate the construction of a new attached garage with second storey living space on the above -noted property. A rear yard setback of 7.2 metres rather than the required 7.5 metres and a side yard set back of 4.06 metres rather than the required 4.5 metres is being sought. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The applicant is proposing to demolish the existing attached garage and replace it with a new attached garage with above living space. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a two-storey, single detached residential dwelling. The proposed replacement of the existing garage and addition of second storey living space will not significantly change the existing massing, height, or other design characteristics of the house. Thereforeit is the opinion of staff that the request variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 7.5 metres rear yard setback is to ensure that there is adequate amenity space on site as well as adequate separation of buildings. The proposed addition does not space across the entire rear yard and the retained portion is adequate to provide outdoor amenity space. Further, the property is a corner lot and its rear yard backs onto the side yard of the adjacent dwelling. The intent of the 4.5 metres side yard abutting a street setback is to ensure that there is adequate setback from the street and a consistent built form. The proposed addition is in line with the existing dwelling and only a portion of the addition requires the relief. The portion of the addition used to accommodate off-street parking (garage) will have to be 6.0 metres from the street line. Staff is of the opinion that the reduction in the rear yard and side yard setback meets the general intent of the Zoning By-law 85-1. Is the Variance Minor? The proposed variances are minor. Staff is of the opinion that the requested reductions in setbacks will allow for the construction of a new garage and second storey living space that is compatible with the existing uses of the property and will not negatively impact any of the adjacent properties or surrounding neighbourhood. Appropriate rear and side yard access continue to be accommodated. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The request variances are not expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed scale, massing, and height of the addition is compatible with the existing dwelling on the property and will not negatively impact the present character of either the subject property or the surrounding area. City Planning staff conducted a site inspection of the property on June 2, 2021. Figure 2: Rear Elevation of Dwelling with Existing Attached Garage Figure 3: Rear Yard of the Subject Property Facing the Rear Elevation of the Dwelling Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Based on the minor encroachment of 0.41 metres into the 4.57 metre DVT, Transportation Services can support this encroachment. Also, any future submissions should note the 4.57 metre DVT's on the plan. Heritage Comments: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application. Environmental Planning Comments: A Tree Preservation/Enhancement Plan is required in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A2021-048-93 Michener Crescent— No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report ` De velo hent Services Departrnent www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: June 8, 2021 REPORT NO.: DSD -2021-108 SUBJECT: Consent Application B2021-029 196 Sydney Street South Owner: Azim Anwar & Toba Anwar Agent: Raj Rai (Raison Homes Inc.) RECOMMENDATION: 1) That Consent Application B2021-029, for 196 Sydney Street South, requesting consent to create a new lot with an approximate frontage on Sydney Street South of 8.7 metres, a depth of 28.3 metres, an area of 242 square metres, be approved, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject properties 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 pays to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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. That the Owner pays to the Grand River Conservation Authority, the minor consent application review fee, in accordance with the GRCA's 2021 Plan Review Fee Schedule, being $430. Figure 1. Aerial photo showing the subject property. REPORT HIGHLIGHTS: • The purpose of this report is to recommend conditional approval of a consent application to sever a semi-detached dwelling along the common wall, to create two semi-detached houses. • This report supports the delivery of core services. • There are no financial implications to the City. • This report supports the delivery of core services. BACKGROUND: This report is being brought forward to recommend conditional approval of a consent application to sever a semi-detached dwelling along the common wall to create two semi- detached houses. Figure 2. View of subject property from Sydney Street South REPORT: The subject property is located on the northwest side of Sydney Street South, between Dundas Avenue and Bedford Road, in the Mill Courtland Woodside Park Planning Community. The surrounding lands are composed of a mix of low-density residential land uses, primarily single detached dwellings. The property is designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan and zoned Residential Five Zone (R-5), with Special Regulation Provision 1 R in By-law 85-1. It should be noted that the property is included within the Mill Courtland Woodside Park / Rockway Neighbourhood Planning Review, which is currently underway (not yet approved). City Planning staff visited the properties on May 28, 2021. The property contains a semi-detached dwelling that is currently under construction. The applicant is requesting consent to create a new lot, so that a new lot line would be established along the common wall of the semi-detached dwelling, thereby allowing separate ownership of each semi-detached house. In this regard, the vacant severed lot would have an approximate frontage on Sydney Street South of 8.7 metres, a depth of 28.3 metres, an area of 242 square metres. The retained lot would have an approximate frontage on Sydney Street South of 8.7 metres, a depth of 28.9 metres, an area of 248 square metres. It should be noted that these lot characteristics are reversed on the application form (for severed and retained lots), but are accurately depicted on the consent sketch (attached). With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan. Both the severed and retained lots fully comply with the Zoning By-law. The subject lands are suitable for the purposes for which they are to be severed. Both resultant lots are suitable in their dimensions and shapes and front onto an established municipal road with adequate services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that Consent Application B2021-029 be approved, subject to the conditions listed in the Recommendation section of this report. Building Division Comments: The Building Division has no objections to the proposed consent. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Services Comments: - Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. - The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (eric. riek(a)kitchener.ca). - Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. - A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. - A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. - The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks and Cemeteries Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $4,002.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (8.7m) at a land value of $9,200 per frontage metre. Environmental Planning Comments: Environmental Planning has no concerns as site alterations are already complete. Heritage Planning Comments: There are no heritage planning concerns. Grand River Conservation Authority Comments: The Grand River Conservation Authority (GRCA) has no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. PREVIOUS REPORTS/AUTHORITIES: • Sections 51 and 53, Planning Act, R. S. O. 1990, c. P.13 ATTACHMENT: Attachment A — Consent Sketch provided with Consent Application > n [j PIN 22579 - 0042 (LrJ T V I I y NG.� C� LOT 124,1 TREETS AND LANES PON22579-00d]firJ - �r��E%ISTING DRIVE o REAAOVEQI f m i i z o x " - was ---� o� • PROK)FED DRIVE E, 9 sfi r P "c c, I rn 5 mmi g cy 28.3 m -i r c ~o a n PROPOSED DRIVE n * Id2 5.9 7.5 N 1 i 27.6 N BOARD FENCE ZE 7 Y mz � cm 1 I m DRIVEWAY W y py N I+ v Y i 9 1 } I DUNDAS AVENUE 2257.9-CWi. ft T) a x in � a 1 2 m p f e c O aD a tin � z r en wg a wr„ Z m C r m m ni 7 ,�n �x.vv �aoc m"si A x ry C1 T i C .0m t%' y Zrn�'+m 1R�� nP A �nz >��io y a t7 D G" No C T=pzq�oi�fion y Z n� -t r�A W C7 MM �amx�zm"Or Dzm�Tr i a a ss pRnn©�dvpC �1 -14 �sn_mmc 40 _Cx1 T."Q � m m o =m oa�n� �` Tsa n a m C7 0 90 C] im r �z wa CI T Y IM [G _ y In a 3i 1 1► CC p N m 3 �z p Z O " y n o= C4 N baga sx� AA 99a `- y� � N3 '• 3 3 � B.n a r w�PI > n [j PIN 22579 - 0042 (LrJ T V I I y NG.� C� LOT 124,1 TREETS AND LANES PON22579-00d]firJ - �r��E%ISTING DRIVE o REAAOVEQI f m i i z o x " - was ---� o� • PROK)FED DRIVE E, 9 sfi r P "c c, I rn 5 mmi g cy 28.3 m -i r c ~o a n PROPOSED DRIVE n * Id2 5.9 7.5 N 1 i 27.6 N BOARD FENCE ZE 7 Y mz � cm 1 I m DRIVEWAY W y py N I+ v Y i 9 1 } I DUNDAS AVENUE 2257.9-CWi. ft T) a x in � a 1 2 m p f e c O aD a tin � z r en wg a wr„ Z m C r m m ni 7 ,�n �x.vv �aoc m"si A x ry C1 T i C .0m t%' y Zrn�'+m 1R�� nP A �nz >��io y a t7 D G" No C T=pzq�oi�fion y Z n� -t r�A W C7 MM �amx�zm"Or Dzm�Tr i a a ss pRnn©�dvpC �1 -14 �sn_mmc 40 _Cx1 T."Q � m m o =m oa�n� �` Tsa n a m C7 0 90 C] im r �z wa CI T Y IM [G _ y In a 3i 1 1► CC p N m 3 �z p Z O " y n o= C4 N PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES N * Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-440D TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT June 3, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-029 to 62021- 035 Committee of Adjustment Hearing June 15, 2021 CITY OF KITCHENER B2021-029 196 Sydney Street South Azim and Toba Anwar The owner/applicant is proposing a severance to facilitate the construction of a semi- detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbeIl(c-reg ion ofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 001IN 1511111 509 Mill Street 1154461 Ontario Limited The owner/applicant is proposing a lot adjustment of the property line between the industrial uses at 485 and 509 Mill Street Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)-regionofwaterloo.ca The Region has no objection to the proposed application. B2021-031 and B2021-032 425 Bingemans Centre Drive Bingemans Inc. The owner/applicant is proposing a severance to create a new industrial lot on the western portion of the subject lands. The owner/applicant also requires an easement/right-of-way over the existing driveway located to the east in favour of the new lot. The storm sewer easement and drainage outlet extending from the northern limits of the new lot northerly and to the Grand River. The retained lands will continue to facilitate the existing Bingemans Facility. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Planning: Regional staff understand that an Environmental Impact Statement (EIS) is being undertaken in support of the development of the subject lands, and any recommendations from the EIS are intended to be implemented through the site plan process. As such, Regional Staff have no requirements related to the consent application. The subject lands include, and are adjacent to Significant Valleyland and a Core Environmental Feature (Significant Woodland) as designated by the Regional Official Plan (ROP) Regional Staff note that the EIS will address ROP policies relevant to the adjacent Core Environmental Features and be undertaken in accordance with the Region's Greenlands Network Implementation Guideline. Regional Staff request inclusion in the circulation and review of the EIS once it is available The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-033 269-271 Madison Avenue and 184 Mill Street 389160 Ontario Limited c/o Vive Development Corporation The owner/applicant is proposing a severance to create an additional residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: Regional Staff acknowledge the dwellings on both the severed and retained lands may have impacts from road noise from the municipal street system and rail noise from CN Railway mainline (within 200 metres) in the vicinity. Regional Staff assumes that all dwellings on these lots have air -ducted heating and ventilation system. Therefore, in absence of an environmental noise study, Regional Staff require the following noise warning clauses be included in all offers of purchase, deeds and rental agreements through a registered agreement with the City of Kitchener for all dwellings on the severed and retained lands: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". ii. "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The following noise warning clauses be included in all offers of purchase, deeds and rental agreements "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". ii. "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." b. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. B2021-034 and B2021-035 297 Ottawa Street South Jeremy Krygsman and Andrew Steinbach The owner/applicant is proposing a severance to facilitate a semi-detached dwelling being on separate lots. In addition, maintenance easements are required in favour of the opposite properties along the common lot line. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Road Widening: A dedicated road widening of approximately 5.2 metres along Ottawa Street South (Regional Road #04) and a daylight triangle of 7.62 metres along the new property line(s) of Ottawa Street South and Acacia Street, if applicable, would be required to be conveyed to the Region at the owner's cost. This is required to comply with a 30.48 metre designated road width identified in the Regional Official Plan (ROP) for Ottawa Street South. An Encroachment agreement would also be required for the existing building that would be encroaching into the Regional right-of-way, after the dedication of lands. However, keeping in view the building lines for the existing residence a reduced road dedication of 4.0 metres along Ottawa Street and reduced daylight triangle 4.25 metres along the new property line(s) would be supported to avoid the need for an Encroachment Agreement. An Ontario land Surveyor (OLS) is required to determine the exact amount of the road widening. A draft reference plan must be provided for review prior to depositing the reference plan to the Land Registry Office. An Environmental Site Assessment report will not be required for the purpose of the road dedication to the Region. Environmental Noise: Regional Staff acknowledge that the dwellings on the severed and retained residential lots may have impacts from road noise from the traffic on Ottawa Street South (Regional Road #04) and rail noise from CN Railway mainline (within 200 metres) in the vicinity. Regional Staff assume that all dwellings on these lots have air -ducted heating and ventilation system. Therefore, in absence of an environmental noise study, Regional IStaff require the following noise warning clauses be included in all offers of purchase, deeds and rental agreements through a registered agreement with the City of Kitchener for all dwellings on the severed and retained lands "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." Regional Staff note that the City of Kitchener's Building Inspector must certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3) 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 following noise warning clauses be included in all offers of purchase, deeds and rental agreements "The purchasers /tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning: Canadian National Railway Company or its assigns or 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-way." b. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Principal Planner, MCIP, RPP Mand n �ation Administration Centre: 400 Clyde Road, P.Q. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca PLAN REVIEW REPORT: Dianna Saunderson City of Kitchener W M DATE: FILE: May 31, 2021 Severence — 196 Sydney St S RE: Consent Application B2021-029 196 Sydney Street South Azim Anwar and Toba Anwar GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with this application. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the Sydney Street South right-of-way in front of the severed and retained lands contains the Schneider Creek floodplain. 2. Legislative/Policy Requirements and Implications: Due to the presence of the floodplain, the GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area (as shown in yellow on the attached map) will require a permit from the GRCA pursuant to Ontario Regulation 150/06. Furthermore, GRCA takes an interest in any new development on the property from a safe access perspective. We previously reviewed the proposed construction of a semi-detached dwelling on these lands. We were satisfied that the severed and retained lands would have safe access during a regulatory storm. We issued GRCA Permit 954/20 for an additional dwelling unit on these lands on December 29, 2020. As such, we have no concerns with the application. No additional permits or approvals from the GRCA are required. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River 3. Review Fees: This is considered a minor consent application, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $430. An invoice will be sent to the applicant under separate cover. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(a-)grandriver. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Attachment c.c. Azim Anwar Raj Rai, Raison Homes Page 2 of 2 N LL ZQ o U _ L O L Q U Z mE4 �3a�>• > Q c? Q a 3 of Y� =Ea U Ccu 0•o (D o �° Q C� ami mF `� a 0'4T -vo ESU cu y' c _ 0_ E o E Q ° `o -w 3 r Q ° oo w 3 U o 0 a - N N (7 U .X a) (7 a) LL U) 0 LU ., co - C o 0-a5 0 m (7 Qin Q in .( .( .( .(D Q g Y ` — = A O m m m° °1 Q (D o 0 w w w w 01 X 0� A E S -- w w Q� ° o O o o O F a) 0 0 0 o a v 2 r \ 1 a a a a aA m o v g o . aa LL n U) 0r EEm�� nUm2om�v^ o v GO s Z Z O O O u� 0 N o C 41 m a � N Imo, - Q J f \ -fi r, y C m _ v r rn m q n 4 V 0 z -41 i / m ,Staff Report 1Tlz Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: June 4, 2021 REPORT NO.: DSD -21-099 SUBJECT: Consent Application B2021-030 509 Mill Street Owner- 1154461 Ontario Limited Applicant - Matthew Warzecha, Polocorp Inc. RECOMMENDATION: That application B2021-030 for consent to sever a parcel of land having a width on Mill Street of 12.8m, a depth of 64m and an area of 801 sq. m to be conveyed as a lot addition to the property municipally addressed as 485 Mill Street be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 2. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner submits a site plan application to amend the approved site plan for the severed lands (SP12/096/M/MV) to the satisfaction of the City's Manager of Site Development and Customer Service. 4. That the owner provides 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 buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 5. That the lands to be severed are to be added to the abutting lands and title is to be *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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. 6. 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, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. REPORT HIGHLIGHTS: The application is requesting a lot addition by severing a portion of an existing lot containing an industrial employment use and conveying it to another adjacent lot (lot line adjustment). The subject area currently contains surplus parking for the industrial employment use at 509 Mill Street. Location Map: 509 Mill Street REPORT: BACKGROUND: The property is designated as General Industrial Employment in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as General Industrial (M-2) in Zoning By-law 85-1. Planning Comments: A portion of the lot at 509 Mill Street is proposed to be conveyed to 485 Mill Street as a lot addition. No new lot will be created. Both lots currently contain industrial employment uses and no changes to either building is proposed. The portion of the property to be conveyed is currently used for parking and is considered surplus parking not required for the use at 509 Mill Street. The severed portion of 509 Mill Street that would be conveyed to 485 Mill Street would have a width of 12.8 metres, a depth of 64 metres and an area of 801 square metres. The retained lot would have a lot width of 67.6 metres, a depth of 182.2 metres, and an area of 11, 305 square metres. City Planning staff conducted a site inspection of the property on June 4, 2021. Existing Parking Area at 509 Mill Street (June 4, 2021) With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for a lot addition. The severed and retained lots meet the zoning by-law. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that Consent Application B2021-030 requesting to sever a portion of the lot at 509 Mill Street as a lot addition to 485 Mill Street be approved subject to the conditions listed in the recommendation section of this report. Proposed Lot Fabric Building Comments: The Building Division has no objections to the proposed applications provided 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: No Environmental Planning concerns. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments. Parks and Cemeteries Comments: Parkland dedication is not required for this application as no new developable lot has been created. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: None. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES N * Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-440D TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT June 3, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-029 to 62021- 035 Committee of Adjustment Hearing June 15, 2021 CITY OF KITCHENER B2021-029 196 Sydney Street South Azim and Toba Anwar The owner/applicant is proposing a severance to facilitate the construction of a semi- detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbeIl(c-reg ion ofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 001IN 1511111 509 Mill Street 1154461 Ontario Limited The owner/applicant is proposing a lot adjustment of the property line between the industrial uses at 485 and 509 Mill Street Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)-regionofwaterloo.ca The Region has no objection to the proposed application. B2021-031 and B2021-032 425 Bingemans Centre Drive Bingemans Inc. The owner/applicant is proposing a severance to create a new industrial lot on the western portion of the subject lands. The owner/applicant also requires an easement/right-of-way over the existing driveway located to the east in favour of the new lot. The storm sewer easement and drainage outlet extending from the northern limits of the new lot northerly and to the Grand River. The retained lands will continue to facilitate the existing Bingemans Facility. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Planning: Regional staff understand that an Environmental Impact Statement (EIS) is being undertaken in support of the development of the subject lands, and any recommendations from the EIS are intended to be implemented through the site plan process. As such, Regional Staff have no requirements related to the consent application. The subject lands include, and are adjacent to Significant Valleyland and a Core Environmental Feature (Significant Woodland) as designated by the Regional Official Plan (ROP) Regional Staff note that the EIS will address ROP policies relevant to the adjacent Core Environmental Features and be undertaken in accordance with the Region's Greenlands Network Implementation Guideline. Regional Staff request inclusion in the circulation and review of the EIS once it is available The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-033 269-271 Madison Avenue and 184 Mill Street 389160 Ontario Limited c/o Vive Development Corporation The owner/applicant is proposing a severance to create an additional residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: Regional Staff acknowledge the dwellings on both the severed and retained lands may have impacts from road noise from the municipal street system and rail noise from CN Railway mainline (within 200 metres) in the vicinity. Regional Staff assumes that all dwellings on these lots have air -ducted heating and ventilation system. Therefore, in absence of an environmental noise study, Regional Staff require the following noise warning clauses be included in all offers of purchase, deeds and rental agreements through a registered agreement with the City of Kitchener for all dwellings on the severed and retained lands: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". ii. "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The following noise warning clauses be included in all offers of purchase, deeds and rental agreements "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". ii. "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." b. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. B2021-034 and B2021-035 297 Ottawa Street South Jeremy Krygsman and Andrew Steinbach The owner/applicant is proposing a severance to facilitate a semi-detached dwelling being on separate lots. In addition, maintenance easements are required in favour of the opposite properties along the common lot line. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Road Widening: A dedicated road widening of approximately 5.2 metres along Ottawa Street South (Regional Road #04) and a daylight triangle of 7.62 metres along the new property line(s) of Ottawa Street South and Acacia Street, if applicable, would be required to be conveyed to the Region at the owner's cost. This is required to comply with a 30.48 metre designated road width identified in the Regional Official Plan (ROP) for Ottawa Street South. An Encroachment agreement would also be required for the existing building that would be encroaching into the Regional right-of-way, after the dedication of lands. However, keeping in view the building lines for the existing residence a reduced road dedication of 4.0 metres along Ottawa Street and reduced daylight triangle 4.25 metres along the new property line(s) would be supported to avoid the need for an Encroachment Agreement. An Ontario land Surveyor (OLS) is required to determine the exact amount of the road widening. A draft reference plan must be provided for review prior to depositing the reference plan to the Land Registry Office. An Environmental Site Assessment report will not be required for the purpose of the road dedication to the Region. Environmental Noise: Regional Staff acknowledge that the dwellings on the severed and retained residential lots may have impacts from road noise from the traffic on Ottawa Street South (Regional Road #04) and rail noise from CN Railway mainline (within 200 metres) in the vicinity. Regional Staff assume that all dwellings on these lots have air -ducted heating and ventilation system. Therefore, in absence of an environmental noise study, Regional IStaff require the following noise warning clauses be included in all offers of purchase, deeds and rental agreements through a registered agreement with the City of Kitchener for all dwellings on the severed and retained lands "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." Regional Staff note that the City of Kitchener's Building Inspector must certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3) 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 following noise warning clauses be included in all offers of purchase, deeds and rental agreements "The purchasers /tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning: Canadian National Railway Company or its assigns or 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-way." b. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Principal Planner, MCIP, RPP 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River p (I g *�] 0101 May 10, 2021 City of Kitchener — Planning Division 200 King Street West, 6t" Floor Kitchener, ON N2G 4G7 Attn: Planning Division Re: 509 Mill Street Consent Application (Lot Line Adjustment) The owners of 485 and 509 Mill Street have come to an agreement to adjust a portion of the shared property line between the adjacent parcels. An area of 801.00 square metres is proposed to be transferred from 509 Mill Street (owned by 1154461 Ontario Limited (Delta Elevators Co Ltd)) to 485 Mill Street (owned by Polocorp Inc), as per the enclosed Consent Sketch. No new lot will be created. The two parcels are located on the south side of Mill Street between Ottawa Street and Courtland Avenue. The lands are currently designated as General Industrial Employment within the City of Kitchener Official Plan and zoned General Industrial (M-2) within the Zoning By-law. The lands fall within the Rockway Station Study Area within the Planning Around Rapid Transit Stations (PARTS) study. As such, the lands are being considered as part of the Neighbourhood Planning Review and fall within the Rockway Secondary Plan. The Review proposes that both properties be zoned High Rise Mixed Use Four (MIX -4). 5n9 Mill Street The lands municipally described as 509 Mill Street are currently occupied by Delta Elevators Co. Ltd. The current parcel is approximately 12,087 sq metres in area with 80.4 metres of frontage on Mill Street. An area of 801.0 square metres, including 12.8 metres of frontage, is proposed to be added to adjacent 485 Mill Street. The retained lands will be approximately 11,304.9 square metres with 67.6 metres of frontage. The lands to be conveyed currently form part of the Delta Elevators parking lot. Following the removal of them from the parcel, 509 Mill Street can continue to meet minimum parking requirements by reconfiguring the existing spaces. The enclosed Parking Plan illustrates that a total of 57 parking spaces, including 3 barrier -free spaces, can be provided whereas a minimum of 54 are required, as per the existing Site Plan. 1 I Page ans AAW cfnoof The severed lands will be added to 485 Mill Street which is currently occupied by a storage building and surface parking area. Following the lot line adjustment, 485 Mill Street will be approximately 4,490.8 square metres in area, with 33.6 metres of frontage. Ultimately, the lot addition will form part of a larger assembly, comprised of 459, 469, 473, 477, 481 and 485 Mill Street, that is owned by Polocorp Inc. It is anticipated that these lands will be redeveloped to another use that is consistent with the vision outlined within the PARTS Study. In summary, Delta Elevators and Polocorp Inc have come to an agreement to adjust a portion of the mutual lot line between their properties. Following the severance, the Delta Elevators property will continue to meet the minimum required parking for the property, as illustrated on the enclosed Parking Plan. Ultimately, no new lot is being created, both existing properties continue to meet Zoning By-law regulations and no negative impacts will be realized as a result. In support of the proposed application for consent, please find enclosed the following materials: • Complete Application Form, including: o Authorization Form; and, o Environmental Site Screening Form; • Proposed Parking Plan; and, • Proposed Severance Sketch. Given the restrictions currently in place due to the COVID-19 pandemic lockdown, the application is being submitted digitally. Commissioning of the application will be coordinated with City staff in the coming days. Similarly, the application fee will be submitted under separate cover prior to the May 17t",2021 deadline. I trust that the enclosed materials are sufficient to be considered at the June 15th, 2021 Committee of Adjustment meeting. Should you require any additional information, please feel free to contact the undersigned. Sincerely, Polocorp/Inc. t/'�J Matthew WarzeZ,CIP, PP Project Manager/Planner 2 1 Page Staff Report ` De velo hent Services Departrnent www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: June 3, 2021 REPORT NO.: DSD -2021-101 SUBJECT: Consent Application B2021-031 — Access and Servicing Easement Consent Application B2021-032 — Creation of a Lot 355-425 Bingemans Centre Drive Owner— Bingemans Inc. Applicant — Leslie Boggs & Paul Britton, MHBC Planning RECOMMENDATION: That application B2021-031 requesting permission to create an access easement that is 0.839 hectares in size, and proposing to create a storm water easement that is 0.91 hectares in size, both on the retained lands in favour of the severed lands, and requesting permission to enter into a private maintenance agreement for the drainage outlet and access for a period of more than 21 years, be approved subject to the following conditions: 1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto - or a separate private maintenance agreement); *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. b. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the Owner provides a servicing and profile plan showing the storm water servicing without the easement to the satisfaction of the Director of Engineering Services. II. That application B2021-033 requesting consent to sever a 7.81 ha parcel be approved subject to the following conditions: 1. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. REPORT HIGHLIGHTS: The consent application proposes to sever 355-425 Bingemans Centre Drive to create a 7.81 hectare parcel of land having frontage onto Bingemans Centre Drive. A severance application is also requesting a an access easement that is 0.839 hectares in size as well as a storm water easement that is 0.91 hectares in size, as well as a maintenance agreement for more than 21 years, over portions of the retained lands in favour of the severed lands. Location Map — 355-425 Bingemans Centre Drive BACKGROUND: The proposed severed lands are designated as Business Park Employment in the City's Official Plan and identified as Industrial Employment Area on the City's Urban Structure Map. The lands are zoned as Heavy Industrial Employment EMP -3 and Service Business Park Employment EMP - 4 with Special Regulation Provision (76) in Zoning By-law 2019-051. REPORT: Planning Comments: Lands within the Industrial Employment Area on the City's Urban Structure are planned to support and maintain economic activity in the city by providing an adequate supply of land for a range of industrial -related employment uses and appropriate accessory and ancillary uses. Lands designated as Business Park Employment are regarded as a prestigious location for certain industrial uses due to its access to major transportation corridors, high visibility, and distinct identity. Manufacturing and the other employment uses that are typically found the General Industrial Employment land use designation are permitted, including warehousing, storage, distribution and wholesaling. A portion of the proposed severed lands is zoned as Heavy Industrial Employment EMP -3 with Special Regulation Provision (76) in Zoning By-law 2019-051. The purpose of this zone is to accommodate industrial uses, including noxious uses, on lands that are separated from sensitive land uses. This zone also accommodates uses that require larger tracts of land for large buildings, materials, and/or products. Another portion of the severed lands is zoned as Service Business Park Employment EMP -4 with Special Regulation Provision (76) in Zoning By-law 2019-051. The purpose of this zone is to accommodate industrial uses and limited complimentary uses that support adjacent employment lands. The proposed lot width and area exceed the minimum requirements in the zoning by-law. City Planning staff conducted a site walk of the property on April 7, 2021, as well as a site visit on May 31, 2021. Photo of Proposed Severed Lands— View from Bingemans Centre Drive With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The severed lands front onto an established public street, and the severed lands can be serviced with municipal services. Appropriate storm water management provisions will be determined through the future site planning process and will be secured with the related easement. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the construction of the industrial warehouse and associated office. Transportation Comments: Transportation Services does not have any concerns with the proposed application Heritage Comments: No heritage planning concerns. Engineering Comments: A servicing plan and profile will be required to the satisfaction of the Engineering Division prior to easement approval. This can be completed in conjunction with the development of the severed lands. Engineering needs to confirm that the easement width through the retained lands is appropriately sized. Parks/Operations Comments: The parkland dedication requirement for this application is deferred and will be assessed at a future site plan application. The proposed servicing / drainage easement crosses the existing trail easement for the Walter Bean Trail. The impacts of this proposed easement are unclear and addition details of the servicing/drainage easement are to be detailed and shown with civil engineering drawings with a future site plan application. Any impacts to the trail or users are to be minimized. If temporary trail closures are required, rerouting and signage will be required. Environmental Planning Comments: To assess the feasibility of the severance application in advance of reviewing a final Scoped Environmental Impact Study (EIS) and Tree Preservation / Enhancement Plan (TP/EP), a Preliminary EIS (425 Bingemans Centre Drive, Kitchener: Severance Application. June 2021. NRSI Inc.) was provided as a means to understand the anticipated natural feature constraints and development opportunities within the severed lands and easements. Staff has reviewed the Preliminary EIS and can support the recommended location of the lot lines. Staff has no objections to the proposed easement for stormwater management. Staff advises that a Final EIS and TP/EP will be required as part of a complete Site Plan Application. The Final EIS and TP/EP will assess natural features discussed in the Preliminary EIS in more detail, and will provide recommendations for mitigation strategies that can be implemented as conditions of Site Plan Approval. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES N * Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-440D TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT June 3, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-029 to 62021- 035 Committee of Adjustment Hearing June 15, 2021 CITY OF KITCHENER B2021-029 196 Sydney Street South Azim and Toba Anwar The owner/applicant is proposing a severance to facilitate the construction of a semi- detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbeIl(c-reg ion ofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 001IN 1511111 509 Mill Street 1154461 Ontario Limited The owner/applicant is proposing a lot adjustment of the property line between the industrial uses at 485 and 509 Mill Street Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)-regionofwaterloo.ca The Region has no objection to the proposed application. B2021-031 and B2021-032 425 Bingemans Centre Drive Bingemans Inc. The owner/applicant is proposing a severance to create a new industrial lot on the western portion of the subject lands. The owner/applicant also requires an easement/right-of-way over the existing driveway located to the east in favour of the new lot. The storm sewer easement and drainage outlet extending from the northern limits of the new lot northerly and to the Grand River. The retained lands will continue to facilitate the existing Bingemans Facility. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Planning: Regional staff understand that an Environmental Impact Statement (EIS) is being undertaken in support of the development of the subject lands, and any recommendations from the EIS are intended to be implemented through the site plan process. As such, Regional Staff have no requirements related to the consent application. The subject lands include, and are adjacent to Significant Valleyland and a Core Environmental Feature (Significant Woodland) as designated by the Regional Official Plan (ROP) Regional Staff note that the EIS will address ROP policies relevant to the adjacent Core Environmental Features and be undertaken in accordance with the Region's Greenlands Network Implementation Guideline. Regional Staff request inclusion in the circulation and review of the EIS once it is available The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-033 269-271 Madison Avenue and 184 Mill Street 389160 Ontario Limited c/o Vive Development Corporation The owner/applicant is proposing a severance to create an additional residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: Regional Staff acknowledge the dwellings on both the severed and retained lands may have impacts from road noise from the municipal street system and rail noise from CN Railway mainline (within 200 metres) in the vicinity. Regional Staff assumes that all dwellings on these lots have air -ducted heating and ventilation system. Therefore, in absence of an environmental noise study, Regional Staff require the following noise warning clauses be included in all offers of purchase, deeds and rental agreements through a registered agreement with the City of Kitchener for all dwellings on the severed and retained lands: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". ii. "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The following noise warning clauses be included in all offers of purchase, deeds and rental agreements "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". ii. "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." b. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. B2021-034 and B2021-035 297 Ottawa Street South Jeremy Krygsman and Andrew Steinbach The owner/applicant is proposing a severance to facilitate a semi-detached dwelling being on separate lots. In addition, maintenance easements are required in favour of the opposite properties along the common lot line. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Road Widening: A dedicated road widening of approximately 5.2 metres along Ottawa Street South (Regional Road #04) and a daylight triangle of 7.62 metres along the new property line(s) of Ottawa Street South and Acacia Street, if applicable, would be required to be conveyed to the Region at the owner's cost. This is required to comply with a 30.48 metre designated road width identified in the Regional Official Plan (ROP) for Ottawa Street South. An Encroachment agreement would also be required for the existing building that would be encroaching into the Regional right-of-way, after the dedication of lands. However, keeping in view the building lines for the existing residence a reduced road dedication of 4.0 metres along Ottawa Street and reduced daylight triangle 4.25 metres along the new property line(s) would be supported to avoid the need for an Encroachment Agreement. An Ontario land Surveyor (OLS) is required to determine the exact amount of the road widening. A draft reference plan must be provided for review prior to depositing the reference plan to the Land Registry Office. An Environmental Site Assessment report will not be required for the purpose of the road dedication to the Region. Environmental Noise: Regional Staff acknowledge that the dwellings on the severed and retained residential lots may have impacts from road noise from the traffic on Ottawa Street South (Regional Road #04) and rail noise from CN Railway mainline (within 200 metres) in the vicinity. Regional Staff assume that all dwellings on these lots have air -ducted heating and ventilation system. Therefore, in absence of an environmental noise study, Regional IStaff require the following noise warning clauses be included in all offers of purchase, deeds and rental agreements through a registered agreement with the City of Kitchener for all dwellings on the severed and retained lands "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." Regional Staff note that the City of Kitchener's Building Inspector must certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3) 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 following noise warning clauses be included in all offers of purchase, deeds and rental agreements "The purchasers /tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning: Canadian National Railway Company or its assigns or 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-way." b. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Principal Planner, MCIP, RPP Mand n �ation Administration Centre: 400 Clyde Road, P.Q. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca PLAN REVIEW REPORT: Dianna Saunderson F qN City of Kitchener DATE: FILE: June 4, 2021 Severence — 425 Bingemans Centre Drive RE: Consent Applications B2021-031 and B2021-032 425 Bingemans Centre Drive Bingemans Inc. GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with the consent applications. Additional study is required through the site plan process. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the retained lands contain a valley slope. Field investigations by the applicant have also confirmed the presence of wetlands on the retained lands, and lands adjacent to the west. 2. Legislative/Policy Requirements and Implications: Due to the presence of the resource features listed above, the GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within a regulated area will require a permit from the GRCA pursuant to Ontario Regulation 150/06. The proposed severed parcel is mostly outside of a 15 metre buffer around the wetlands as recommended through a preliminary environmental impact study (EIS; NRSI, June 2021). We have no concerns with the lot lines proposed in the severance. During the subsequent site plan process, a final EIS will be required to set the ultimate limit of development, and propose any additional mitigation measures as required. We also have no objections to the proposed easement for stormwater management (SWM). Similarly, the final SWM strategy for the site must be proposed in a Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River complete SWM report, and be supported by the final EIS and a geotechnical report to confirm potential impacts to wetlands and other valleylands are mitigated. 3. Review Fees: This application is considered a major consent application, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $1,105. We will send an invoice to the applicant. Additional fees will be required for a subsequent site plan application, and a separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywoodQgrandriver. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority C. C. Domenic Natale, Cooper Construction Paul Britton, MHBC Page 2 of 2 LL U Z o N 0 N o o� L i o -r- C,4 7 OM E n O < a� N> c E G �i 0 Q- - w o N U > o U cu V N N cu C: E 0 U N rn m E ry � CJ M W E LO m m T.Qmm N m= n a� I J� Z 3� N a� o� N OM E n O o OF Or E Q Q- - w o N U o m n= _w 3 C) z m w - .0 12 - C) Q u o m n m E ry CJ ano- H Vis_. q EO E N m m T.Qmm m= n a� O u m n . 2 v o UEi Us.=_vFyr G Z Q `o E Z O Q E 0 In SJ� NC) U d N � Y Y E2Q I C)CD K� LL!! O Vy C cje ° N 0 Q Q N L� Q O r' C n _ E O E O y 6 6 C� 6 O Q U Q 0 Cr Q O O O L C 0 w N N N O E Q N J J> > Q � E d N N CJ O N W U) W W w CJ (� f`1 O (r .0 C ` ' D- N N N N Q (6 (6 (6 m m m m Q N C f - Q W W Q U) �, N O (n 0 N O (n O O O O F W N W N W W N N U 2 -o N O Q ®®®® W �, J J J J O N N 1 Y. F I J� Z 3� N a� o� N OM E n O o OF Or E Q- - w o N U o m n= _w 3 w - .0 12 - u o m n m E ry ano- H Vis_. q EO N m m T.Qmm m= n a� O u m n . 2 v o UEi Us.=_vFyr G Z if� Z O E 0 In SJ� o K� LL!! O Vy C O B N L� Q O r' C n E "., aa) i 7U� t3 P _- CL ti i •. 4. - A _ a ' " G r` 73, Staff Report ` De velo hent Services Departrnent www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Dumart, Craig, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: June 3, 2021 REPORT NO.: DSD -2021-104 SUBJECT: Consent Application B2021-033 Minor Variance Applications A2021-057 & A2021-058 269-271 Madison Avenue South, 184 Mill Street Owner: 389160 Ontario Limited Applicant: Pierre Chauvin, MHBC Planning RECOMMENDATIONS: That Minor Variance Application A2021-057 requesting relief from Section 39.2.4 of the Zoning By-law to permit a side yard setback of 0.4 metres rather than the required 1.2 metres; Relief from Section 6.1.2a of the Zoning By-law to permit a parking ratio of 0.3 spaces per unit rather than the required 1.5 spaces per unit; Relief from 6.1.2b of the Zoning By-law to permit a visitor parking of 0% rather than 15% of the required parking; and, Requesting relief from Section 6.1.7.1 of the Zoning By-law to permit 0 barrier free spaces, whereas 1 is required, be approved. That Minor Variance Application A2021-058 requesting relief from Section 39.2.1 of the Zoning By-law to permit a side yard setback of 0.9 metres rather than the required 1.2 metres, a rear yard setback of 5.0 metres rather than the required 7.5 metres and a lot area of 221 square metres rather than the required 235 square metres be approved; That Application B2021-033 for consent to sever an existing lot into two lots be approved subject to the following conditions: 1. That Minor Variance Applications A2021-057 & A2021-058 receive final approval. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 3. That the owner provides a digital file of the deposited reference plan(s) prepared by *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the owner provides confirmation that separate service connections are in place for both severed and retained lands to the satisfaction of the City's Engineering Division. 5. That, prior to final approval, the Owner receives site plan approval to acknowledge the existing parking and site conditions for the retained lands to the satisfaction of the Manager of Site Development and Customer Service 6. That the owner retains a qualified designer to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 7. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The consent application is requesting to severe an existing lot into two lots. The retained lands will contain an existing multiple dwelling and surface parking and the severed lands will contain an existing single detached dwelling. Minor variance applications are also required for the severed and retained lands to legalize the existing conditions of the site, including building setbacks, parking requirements, and lot area. aav 2nos• W2B[`Gra AW 22505- OV29 (L 7) o k75 �%(,Y 5 Y 1. i .m rtm.271 � p1N ]•S�BAE* - 8 BWACN BUILEN a 140 n' Retained Lands '�" ° an h K a 8 k9� 47 4 7red Lands eA�ss*e�u�iunc `h �I $ p al spyr a tam Proposed lot fabrics Location Map: 269-271 Madison Avenue South and 184 Mill Street REPORT: BACKGROUND: The property is designated as Low -Rise Conservation in the Mill Courtland Woodside Park Neighbourhood Secondary Plan. The property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1. Planning Comments: The existing property contains two buildings on the subject lands, a legal non -conforming 11 unit multiple dwelling and a single detached dwelling. The applicant proposes to sever the lot into two lots to allow each building to be located on its own lot. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighbourhood. The applicant is requesting permission to sever the subject lands into two lots (B2021-033). The severed lot would have a lot width of 13 metres, a depth of 18.4 metres, and a lot area of 221 square metres. The retained lot would have a lot width of 20 metres, a depth of 29.3 metres, and a lot area of 732 square metres. To facilitate the consent application the severed and retained lands require minor variances to legalize the existing site conditions. The applicant is requesting relief from Section 39.2.4 of the Zoning By-law to permit a side yard setback of 0.4 metres rather than the required 1.2 metres; Relief from Section 6.1.2a of the Zoning By-law to permit a parking ratio of 0.3 spaces per unit rather than the required 1.5 spaces per unit; Relief from 6.1.2b of the Zoning By-law to permit a visitor parking of 0% rather than 15% of the required parking; and Requesting relief from Section 6.1.7.1 of the Zoning By-law to permit 0 barrier free spaces, whereas 1 is required (A2021-057 — Retained Lands). Furthermore, the applicant is requesting relief from Section 39.2.1 of the Zoning By-law to permit a side yard setback of 0.9 metres rather than the required 1.2 metres, a rear yard setback of 5.0 metres rather than the required 7.5 metres and a lot area of 221 square metres rather than the required 235 square metres (A2021-058 — Severed Lands). City Planning staff conducted a site inspection of the property on May 30, 2021. Existing site conditions of 269-271 Madison Avenue South and 184 Mill Street Minor Variance Application - A2021-057 (Retained Lands 269-271 Madison Avenue South) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan The requested variances meet the general intent of the Official Plan. The subject property is designated Low Rise Conservation in the Mill Courtland Woodside Park Neighbourhood Secondary Plan which permits a range of different forms of housing to achieve a low-density neighbourhood. The requested variances to permit reduced parking requirements and a reduced side yard setback are appropriate. The proposed variances request to legalize existing conditions which will continue to maintain the low-density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. General Intent of the Zoning By-law The requested variances to legalize the existing side yard setback of 0.4 metres and to legalize the existing required parking for the existing multiple dwelling meets the general intent of the Zoning By- law. There are no physical changes contemplated to the subject land, nor is the existing parking decreasing. Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law. Is the Variance Minor? The reduction of the side yard setback and parking requirements are considered minor. No physical changes are proposed on site and staff is of the opinion that the requested variances to legalize the existing conditions of the subject lands will not negatively affect the adjacent properties or surrounding neighbourhood. Is the Variance Appropriate? The proposed variances are appropriate for the development. There are no physical changes contemplated to the site. The variances are appropriate for the development and use of the land. Minor Variance Aaalication - A2021-058 (Severed Lands 184 Mill Street General Intent of the Official Plan The requested variances meet the general intent of the Official Plan. The subject property is designated Low Rise Conservation in the Mill Courtland Woodside Park Neighbourhood Secondary Plan which permits a range of different forms of housing to achieve a low-density neighbourhood. The requested variances to permit a reduced lot and building setbacks are appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. It is the opinion of staff that the requested variances are appropriate. General Intent of the Zoning By-law The requested variances meet the general intent of the Zoning By-law. The variances are required as a result of the requested consent application. The requested variance to reduce the required lot area from 235 square metres to 221 square metres meets the general intent of the Zoning By-law. The purpose of the minimum 235 square metres lot area requirement is to ensure the lots are of adequate size to support a building envelope and parking, as well as to provide adequate amenity space on site. As such, staff is satisfied the reduction of 14 square metres of lot area meets the general intent of the Zoning By-law. The requested variances to reduce the side yard setback from 1.2 metres to 0.9 metres and reduce the rear yard setback from 7.5 metres to 5.0 metres meets the general intent of the Zoning By-law. Staff is of the opinion that the reduced setbacks will provide adequate building setbacks and amenity space for the existing single detached dwelling. Is the Variance Minor? The reduction of the lot area and building setbacks are considered minor. Staff is of the opinion that the requested variances will provide sufficient lot area and building setbacks with adequate amenity space and parking for the existing single detached dwelling and will not negatively affect the adjacent properties or surrounding neighbourhood. Is the Variance Appropriate? The proposed variances are appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The reduced lot area and building setbacks will not negatively impact the character of the subject property or surrounding neighbourhood. Consent Application — B2021-033 With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The existing 11 -unit multiple dwelling is a legal non -conforming use which is located on the retained lands. The use of the severed lands conform to the Official Plan and Zoning By-law. While the retained and severed lands require a minor variance, Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The lands front onto a public street and full services are available. Building Comments: The Building Division has no objections to the proposed applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Heritage Comments: Heritage staff has no cultural heritage concerns with the proposed applications. Environmental Planning Comments: Environmental Planning staff has no concerns with the proposed applications. Transportation Services Comments: Transportation Services recognize that this application is reflecting the existing on-site conditions, with respect to, a reduced tenant parking rate, zero visitor parking and zero barrier free parking. As a condition of approval, prior to the sale or renting of units, perspective tenants must be made aware that not every unit will have an associated parking space, that there is no available visitor parking and no available barrier free parking. Also, a plan be submitted noting the exiting parking spaces. Engineering Comments: Both portions of the property appear to have separate services installed. Engineering requests confirmation that separate service connections are in place for both severed and retained lands. Operations Comments: The parkland dedication requirement for this application is deferred and will be assessed at a future development application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES N * Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-440D TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT June 3, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-029 to 62021- 035 Committee of Adjustment Hearing June 15, 2021 CITY OF KITCHENER B2021-029 196 Sydney Street South Azim and Toba Anwar The owner/applicant is proposing a severance to facilitate the construction of a semi- detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbeIl(c-reg ion ofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 001IN 1511111 509 Mill Street 1154461 Ontario Limited The owner/applicant is proposing a lot adjustment of the property line between the industrial uses at 485 and 509 Mill Street Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)-regionofwaterloo.ca The Region has no objection to the proposed application. B2021-031 and B2021-032 425 Bingemans Centre Drive Bingemans Inc. The owner/applicant is proposing a severance to create a new industrial lot on the western portion of the subject lands. The owner/applicant also requires an easement/right-of-way over the existing driveway located to the east in favour of the new lot. The storm sewer easement and drainage outlet extending from the northern limits of the new lot northerly and to the Grand River. The retained lands will continue to facilitate the existing Bingemans Facility. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Planning: Regional staff understand that an Environmental Impact Statement (EIS) is being undertaken in support of the development of the subject lands, and any recommendations from the EIS are intended to be implemented through the site plan process. As such, Regional Staff have no requirements related to the consent application. The subject lands include, and are adjacent to Significant Valleyland and a Core Environmental Feature (Significant Woodland) as designated by the Regional Official Plan (ROP) Regional Staff note that the EIS will address ROP policies relevant to the adjacent Core Environmental Features and be undertaken in accordance with the Region's Greenlands Network Implementation Guideline. Regional Staff request inclusion in the circulation and review of the EIS once it is available The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-033 269-271 Madison Avenue and 184 Mill Street 389160 Ontario Limited c/o Vive Development Corporation The owner/applicant is proposing a severance to create an additional residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: Regional Staff acknowledge the dwellings on both the severed and retained lands may have impacts from road noise from the municipal street system and rail noise from CN Railway mainline (within 200 metres) in the vicinity. Regional Staff assumes that all dwellings on these lots have air -ducted heating and ventilation system. Therefore, in absence of an environmental noise study, Regional Staff require the following noise warning clauses be included in all offers of purchase, deeds and rental agreements through a registered agreement with the City of Kitchener for all dwellings on the severed and retained lands: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". ii. "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The following noise warning clauses be included in all offers of purchase, deeds and rental agreements "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". ii. "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." b. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. B2021-034 and B2021-035 297 Ottawa Street South Jeremy Krygsman and Andrew Steinbach The owner/applicant is proposing a severance to facilitate a semi-detached dwelling being on separate lots. In addition, maintenance easements are required in favour of the opposite properties along the common lot line. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Road Widening: A dedicated road widening of approximately 5.2 metres along Ottawa Street South (Regional Road #04) and a daylight triangle of 7.62 metres along the new property line(s) of Ottawa Street South and Acacia Street, if applicable, would be required to be conveyed to the Region at the owner's cost. This is required to comply with a 30.48 metre designated road width identified in the Regional Official Plan (ROP) for Ottawa Street South. An Encroachment agreement would also be required for the existing building that would be encroaching into the Regional right-of-way, after the dedication of lands. However, keeping in view the building lines for the existing residence a reduced road dedication of 4.0 metres along Ottawa Street and reduced daylight triangle 4.25 metres along the new property line(s) would be supported to avoid the need for an Encroachment Agreement. An Ontario land Surveyor (OLS) is required to determine the exact amount of the road widening. A draft reference plan must be provided for review prior to depositing the reference plan to the Land Registry Office. An Environmental Site Assessment report will not be required for the purpose of the road dedication to the Region. Environmental Noise: Regional Staff acknowledge that the dwellings on the severed and retained residential lots may have impacts from road noise from the traffic on Ottawa Street South (Regional Road #04) and rail noise from CN Railway mainline (within 200 metres) in the vicinity. Regional Staff assume that all dwellings on these lots have air -ducted heating and ventilation system. Therefore, in absence of an environmental noise study, Regional IStaff require the following noise warning clauses be included in all offers of purchase, deeds and rental agreements through a registered agreement with the City of Kitchener for all dwellings on the severed and retained lands "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." Regional Staff note that the City of Kitchener's Building Inspector must certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3) 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 following noise warning clauses be included in all offers of purchase, deeds and rental agreements "The purchasers /tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning: Canadian National Railway Company or its assigns or 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-way." b. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Principal Planner, MCIP, RPP PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A2021-048-93 Michener Crescent— No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River ,Staff Report 1Tlz Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: June 4, 2021 REPORT NO.: DSD -21-100 SUBJECT: Minor Variance Applications A2021-059 & A2021-060 Consent Applications B2021-034 & B2021-035 Address- 297 Ottawa Street South Owner- Jeremy Krygsman & Andrew Steinbach Applicant: - Jeremy Krygsman RECOMMENDATION: 1. That applications A2021-059 & A2021-060 for minor variance be approved subject to the following conditions: 1. That elevation drawings be submitted to the satisfaction of the Director of Planning, illustrating that the proposed addition will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to the issuance of any building permit. 2. That application B2021-034 & B2021-035 for consent to sever into two lots and to create maintenance easements be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 2. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $5911.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4. 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. 5. That 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 provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner submits a complete Development and Reconstruction As - Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the Owner provides 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 ensures any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Director of Parks and Cemeteries and the City's Director of Planning. That prior to the issuance of a building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Operations. 10. That Minor Variance Applications A2021-059 & A2021-060 receive final approval. 11. That the Transfer Easement document(s) required to create the Easement(s) 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(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 12. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 13. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The applicant is proposing to add one unit to an existing triplex by constructing a third storey addition over the existing portion of the building on the retained lands. The subject applications are requesting: • To sever the subject lands into two lots to convert the existing triplex into a semi-detached duplex dwelling • Minor variances for reduction in rear yard setback for both the severed and retained lands, number of pedestrian entrances for the retained lands, and to legalize the existing interior garage parking space width for the retained lands. Note: The applicant requested a variance to allow the semi-detached duplex dwelling use, however, By-law 2021-040 came into effect on June 1St, 2021 and this is now a permitted use in the R-5 zone. As such the variance to add the use is no longer required. • To establish maintenance easements along exterior building walls located on the proposed dividing property line in accordance with Section 5.20 of the Zoning By-law. Location Map: 297 Ottawa Street South REPORT: BACKGROUND: On September 15, 2020, the Committee of Adjustment approved minor variance application A2020- 067 to convert a single detached dwelling into a triplex having a southerly side yard setback of 0.3m rather than the required 4.5m; having parking located between the front fagade and the street line whereas the By-law does not permit parking between the front fagade and the street line; having a driveway located 0.3m from the intersection of Ottawa Street South and Acacia Street rather than the required setback of 9m; and, to legalize the existing driveway located within the 7.2m Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments within the CVT. The applicant is now seeking to split the property in half (irregular shape) and add one unit, changing the use from a triplex to a semi-detached duplex dwelling. The property is designated as Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1 Planning Comments: Minor Variances: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan 1. The subject property is designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan in the Official Plan. This designation aims to retain a low rise, low density residential character of the neighbourhood and the preservation of existing housing stock is encouraged. The proposal intends to add a unit by adding a storey to a portion of the existing building. This addition will maintain a low density and low-rise built form. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. Rear Yard Setback: The intent of the regulation that requires a minimum 7.5 metres rear yard setback is to ensure adequate building separation and amenity space can be provided. Building Separation The unique layout of this proposal would result in a semi-detached duplex dwelling on a corner lot where each half of the semi-detached dwelling is facing a different street frontage. This results in a situation where the rear yard for the retained lands is comprised of the common wall of the semi-detached dwelling, and the rear yard for the severed lands becomes the current side yard. In both cases, Staff is of the opinion that these figures exist due to a technicality in the way the yard setbacks are determined due to the aforementioned unique layout on a corner lot. In reality, the development as a whole is maintaining a 7.6 metre setback from the building to the property line furthest from Ottawa Street (abutting 16 Acacia Street, which would comply to the Zoning By-law if interpreted as a full development site. Therefore, as the "'traditional" rear yard setback provided is greater than 7.5 metres, Staff is of the opinion that adequate building separation is provided and therefore meets the general intent of the Zoning By-law. Amenity Space Staff has reviewed the amenity space layout plan included with the application, which includes usable front porches, at -grade patio spaces, and balconies on both the retained and severed lands, as well as a rooftop patio above the garage on the retained lands. Staff is satisfied that the amenity spaces proposed are adequate in providing passive amenity space on site for the proposed total of 4 units. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Pedestrian Entrances (retained lands only) The intent of the regulation that allows not more than 1 pedestrian entrance facing a street line is to provide an appealing aesthetic elevation for street frontages. In this situation, both entrances exist currently and serve units in the existing triplex. Further, the entrances are spaced apart and a patio separates the two entrances, so they are not located side by side. Planning Staff is of the opinion that this does not contribute to a negative aesthetic street elevation and therefore meets the general intent of the Zoning By-law. Garage Parking Space Width: The intent of the regulation that requires vehicle parking spaces within garages to be a minimum of 3 metres in width is to ensure that there is adequate space to swing open the doors of a vehicle. In this situation, the garage is existing, and the parking space width is deficient due to an existing staircase within the garage. Planning Staff acknowledges that this staircase encroachment does not prevent the door swing of a vehicle and therefore, meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The requested variances generally represent existing conditions and the construction of the proposed one -storey building addition and slight increase in building height is permitted in the Zoning By-law. Staff is of the opinion that the site can function as a semi-detached duplex dwelling and fits in with the character of the surrounding neighbourhood, acknowledging it fronts onto an arterial road. Therefore, Staff is of the opinion that the requested variances are appropriate. Is the Variance Minor? 4. The request for variances to enable the use to change from a triplex to a semi-detached duplex dwelling represents a minor increase in density and is not expected to result in adverse impacts to the surrounding neighbourhood. Therefore, the requested variances can be considered minor. City Planning staff conducted a site inspection of the property on June 4, 2021. View from Ottawa Street of existing Triplex at 297 Ottawa Street South (June 4, 2021) Consent to sever and create easements: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and appropriate. The use of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. The proposed severance line is located along exterior building walls in some places and would therefore create 0 metre setbacks to the shared property line. As per Section 5.20 of the Zoning By- law, a 1.5 metre maintenance easement is required to be registered to allow access for maintenance purposes. Staff is supportive of this request as it is required by the Zoning By-law. View from Acacia Street of existing Triplex at 297 Ottawa Street South (June 4, 2021) Building Comments: The Building Division has no objections to the proposed variance and consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: No environmental planning concerns. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (eric.rieka-kitchener.ca). Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks & Cemeteries Comments: Parkland dedication will be required for the severed parcel as 1 new development lot/unit will be created. This will be taken as cash -in -lieu of land at the policy standard rate of 5% of the appraised land value, which is $9,200 per linear metrer of frontage as per the Street Fronting Residential development land class. Because this is a corner lot, the total street frontage is reduced by 3 linear metres from 15.85 linear metres to 12.85 linear metres. The cash -in -lieu parkland dedication calculated for the proposed site with 12.85 linear metres of frontage is $5,911.00. Calculation: (5% x 12.85 I.m. street frontage) x $9,200 = $5,911.00 An existing Street Tree is located in the boulevard on Acacia St. Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided. PROPOSED 15m MAINTENANCE AND ENCROACHMENT ASPMA-T DR1Vn EASEMENT AS PER ZONING BY-LAW 5.20 32.61,1 CHAIN 11N11FENCE - i 15.09 4 ^� 17.52 3.17 H h PR0P05E❑ ,',� 7 1 7.7± — 1 -STOREY 9B7 PROPOSED 814 — 1.3 ADDITION 7 ! ! ! LANDS TO BE OUTDOOR PATIO PROPOSED 7"p 7{j SEE+ERED 1.6± 5.6± OUTDOOR p PATIO C q [AREA -258.. t LANDS TO BE � S C RETAINED a - CV "..'.. Li `(ARE.A=233mt) P0N 225:0! 0121 (L T) -"� 1 ~ ExISTIMC TRIPLEX" EMI -DETACHED DUPLEX 'T ; �! 4 .- CONC. h PORCH, m .495 7,6± z b.6± .^L : /;' 7-U COVERED PORCH "21 w w q 96 U y CONC. BLOCK & ASPHALTDRIVEWAY �!� BRICK GARAGE O E WITH ROOFTOP PATIO 1 SPACE. 1 SPACE INGARAGE 4! �"p 15.85 CELL 15.75 32.61 Proposed lot fabrics STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: A2020-067 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES N * Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-440D TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT June 3, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-029 to 62021- 035 Committee of Adjustment Hearing June 15, 2021 CITY OF KITCHENER B2021-029 196 Sydney Street South Azim and Toba Anwar The owner/applicant is proposing a severance to facilitate the construction of a semi- detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbeIl(c-reg ion ofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 001IN 1511111 509 Mill Street 1154461 Ontario Limited The owner/applicant is proposing a lot adjustment of the property line between the industrial uses at 485 and 509 Mill Street Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)-regionofwaterloo.ca The Region has no objection to the proposed application. B2021-031 and B2021-032 425 Bingemans Centre Drive Bingemans Inc. The owner/applicant is proposing a severance to create a new industrial lot on the western portion of the subject lands. The owner/applicant also requires an easement/right-of-way over the existing driveway located to the east in favour of the new lot. The storm sewer easement and drainage outlet extending from the northern limits of the new lot northerly and to the Grand River. The retained lands will continue to facilitate the existing Bingemans Facility. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Planning: Regional staff understand that an Environmental Impact Statement (EIS) is being undertaken in support of the development of the subject lands, and any recommendations from the EIS are intended to be implemented through the site plan process. As such, Regional Staff have no requirements related to the consent application. The subject lands include, and are adjacent to Significant Valleyland and a Core Environmental Feature (Significant Woodland) as designated by the Regional Official Plan (ROP) Regional Staff note that the EIS will address ROP policies relevant to the adjacent Core Environmental Features and be undertaken in accordance with the Region's Greenlands Network Implementation Guideline. Regional Staff request inclusion in the circulation and review of the EIS once it is available The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-033 269-271 Madison Avenue and 184 Mill Street 389160 Ontario Limited c/o Vive Development Corporation The owner/applicant is proposing a severance to create an additional residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: Regional Staff acknowledge the dwellings on both the severed and retained lands may have impacts from road noise from the municipal street system and rail noise from CN Railway mainline (within 200 metres) in the vicinity. Regional Staff assumes that all dwellings on these lots have air -ducted heating and ventilation system. Therefore, in absence of an environmental noise study, Regional Staff require the following noise warning clauses be included in all offers of purchase, deeds and rental agreements through a registered agreement with the City of Kitchener for all dwellings on the severed and retained lands: "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". ii. "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The following noise warning clauses be included in all offers of purchase, deeds and rental agreements "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". ii. "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." b. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. B2021-034 and B2021-035 297 Ottawa Street South Jeremy Krygsman and Andrew Steinbach The owner/applicant is proposing a severance to facilitate a semi-detached dwelling being on separate lots. In addition, maintenance easements are required in favour of the opposite properties along the common lot line. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Road Widening: A dedicated road widening of approximately 5.2 metres along Ottawa Street South (Regional Road #04) and a daylight triangle of 7.62 metres along the new property line(s) of Ottawa Street South and Acacia Street, if applicable, would be required to be conveyed to the Region at the owner's cost. This is required to comply with a 30.48 metre designated road width identified in the Regional Official Plan (ROP) for Ottawa Street South. An Encroachment agreement would also be required for the existing building that would be encroaching into the Regional right-of-way, after the dedication of lands. However, keeping in view the building lines for the existing residence a reduced road dedication of 4.0 metres along Ottawa Street and reduced daylight triangle 4.25 metres along the new property line(s) would be supported to avoid the need for an Encroachment Agreement. An Ontario land Surveyor (OLS) is required to determine the exact amount of the road widening. A draft reference plan must be provided for review prior to depositing the reference plan to the Land Registry Office. An Environmental Site Assessment report will not be required for the purpose of the road dedication to the Region. Environmental Noise: Regional Staff acknowledge that the dwellings on the severed and retained residential lots may have impacts from road noise from the traffic on Ottawa Street South (Regional Road #04) and rail noise from CN Railway mainline (within 200 metres) in the vicinity. Regional Staff assume that all dwellings on these lots have air -ducted heating and ventilation system. Therefore, in absence of an environmental noise study, Regional IStaff require the following noise warning clauses be included in all offers of purchase, deeds and rental agreements through a registered agreement with the City of Kitchener for all dwellings on the severed and retained lands "The purchasers / tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning. Canadian National Railway Company or its assigns or 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-way." Regional Staff note that the City of Kitchener's Building Inspector must certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3) 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 following noise warning clauses be included in all offers of purchase, deeds and rental agreements "The purchasers /tenants are advised that sound levels due to increasing road traffic on Ottawa Street South 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 (MECP)". "This unit has been installed with air -ducted heating and ventilation system suitably sized and designed for adding a central air conditioning at the occupant's discretion. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." iii. "Warning: Canadian National Railway Company or its assigns or 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-way." b. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector certify that the noise attenuation measures are incorporated in the building plans and the dwelling units have been constructed accordingly. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Principal Planner, MCIP, RPP PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A2021-048-93 Michener Crescent— No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: June 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-047 68 Guerin Avenue A 2021-054 74 Paddock Court A 2021-048 93 Michener Crescent A 2021-055 41 Heiman Street A 2021-049 279 Sheldon Avenue North A 2021-056 29 Brunswick Avenue A 2021-050 4 Dekay Street A 2021-057 269-271 Madison Ave. S. A 2021-051 185 Simeon Street A 2021-058 184 Mill Street A 2021-052 74 Chestnut Street A 2021-059 297 Ottawa Street South A 2021-053 12 Blucher Street A 2021-060 297 Ottawa Street South Applications for Consent B 2021-030 509 Mill Street B 2021-033 269-271 Madison Avenue South & 184 Mill Street B 2021-034 297 Ottawa Street South B 2021-035 297 Ottawa Street South The above -noted consent applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana-grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River From: _ To: Committee of Adiustment (SM) Subject: [EXTERNAL] - Date: Sunday, June 6, 2021 3:15:04 PM Hello I live the street from 297 Ottawa St South and I am very pleased with what has been doing there. He showed me a renderin r of the finished building which improves the brick part of the house on the correr. told me he needs permission to sever the property in order to get that part done. Please put me on record in support. Sent from my iPhone Sent from my iPhone From: To: Committee of Adiustment (SM) Subject: [EXTERNAL] Support of application 297 Ottawa Street South Date: Tuesday, June 8, 2021 11:19:05 AM Hello Committee of Adjustment, I own- which is' - down from 297 Ottawa Street, South in Kitchener. From my perspective on= St, the addition done so far on the property looks great. showed me inside the house - the 3 units are spacious and attractive. I support the application to sever the property and put a 3rd floor on the brick house and add more units. It's good to have more developments like this right near the LRT station and I think this project will fit in well. Thank you