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HomeMy WebLinkAboutCA - 2021-06-15COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021CITY OF KITCHENER The Committee of Adjustment held an electronicmeeting this date, commencing at10:00a.m. Present:D. Cybalski -Chair B. McColl S. Hannah M. Kidd Officials:J. von Westerholt, Senior Planner G. Stevenson, Senior Planner D. Seller, Traffic Planning Analyst D. Saunderson, Secretary-Treasurer K. Hilborn, Administrative Clerk M. Colley, Region of Waterloo MINUTES Moved byM. Kidd Seconded by B. McColl That the regular minutes of the Committee of Adjustment meeting held June 15, 2021,as circulatedto the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1.Submission No.:A 2021-048 Applicants:Joy Belfast-Kum Property Location:93 MichenerCrescent Legal Description:Lot 98,Plan 1628 Appearances: In Support:J.Belfast-Kum J.Gerrard Contra:None Written Submissions:None The Committee was advised the applicants are 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 1.49m 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. The Committee considered Development Services Department report DSD-2021-109dated June 9, 2021recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May31, 2021 advising they have no concerns with this application. Joy Belfast-Kumand Jim Gerrardwere in attendance in support of the application and the staff recommendation. In response to questions. J. Gerrad noted well he did not have any objections with the deadline outlined in the staff recommended, if it was the Committee’s will toprovide additional timeit would be preferred, noting issues with supply shortages related to the global pandemic. It was suggested and agreed that the deadline outlined condition 2 of the staff recommendation be amended to be December 1, 2021 rather than September 1, 2021. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-129-CITY OF KITCHENER 1.Submission No.:A 2021-048 (Cont’d) Moved byB. McColl Seconded byS. Hannah That the application of JOY BELFAST-KUMrequesting 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, on Lot 98, Plan 1628, 93 Michener Crescent Kitchener, Ontario, 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 TreePreservation 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.Thatthe owner shall completecondition 1 above by December1, 2021. Any request for a time extension must be approved in writing bythe Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meetingminutes, which are available on the City’s website at www.kitchener.ca Carried 2.Submission No.:A 2021-047 Applicant:Pembe Irfan & Yilmaz Irfan Property Location:68 Guerin Avenue Legal Description:Part Lot 1, Plan 589, being Part 1 on Reference Plan 58R-17027 Appearances: In Support:M.Alsaqqa Contra:K. & M. Bonthagorla Written Submissions:K. & M. Bonthagorla The Committee was advised the applicant is requestingpermission to reconstruct a deck in the side yard abutting Guerin Avenue on an existing semi-detached dwelling having a rear yard setback of 2.81m rather than the required 4m; and, a side yard setback of 4.26m rather than the required 4.5m. The Committee considered Development Services Department report DSD-2021-96 dated June 4, 2021 recommending approval of this application. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-130-CITY OF KITCHENER 2.Submission No.:A 2021-047(Cont’d) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 31, 2021 advising they have no concerns with this application. Mohammed (Adam) Alsaqqawas in attendance in support of the subject application and the staff recommendation. Krishna Rao&MadhaviBonthagorlawere in attendance in opposition to the application. K. Bonthagorla expressed concerns related to the height of the deck and impacts related toprivacy. In response to questions, K. Bonthagorlaadvised the installation of a privacy screen on the side of the deck would not address their concerns as that would also impact their existing views. K. Bonthagorlafurther advised the subject property previously received a variance for their rear yard and are now requesting further variances for a deck in the front yard that isalreadyexisting. A.Alsaqqaadvised cityservices to the property needed to be replaced, so the old deck was removed and a new deck was constructed. A.Alsaqqastated the existing deck was constructed and tied into the existing shed, which is located between the subject property and the neighbouring property that help to obstruct the view to their yard. A.Alsaqqafurther advised there is also a mature tree in that location that would address some of the privacy concerns raised. In response to questions, A.Alsaqqaadvised the deck is slightly higher than the previous deck, but the application is only intended to recognize what was previously existing. A.Alsaqqafurther advised he could install a privacy screen between the two properties if it was the Committee’s will. In response to questions, K. Bonthagorlaadvised a privacy screen would not address his concerns related to the height of the deck. Questions were raised regarding the previous deck, J. von Westerholt advised she did not have any information related to the previous deck and whether a building permit was obtained. M. Kidd stated the variances being requested of the Committee this date do not relate to the height of the deck, only the required setbacks. Questions were raised regarding obtaining anynecessary building permit approvals and what may occur ifthe Building Department was not able to grant an approval for the deck in its current state. J. von Westerholt indicated if it was the preference of the Committee, they could include a condition requiring the application to obtain a building permit. B. McColl indicated the concerns related to whether the applicant is able to obtain a building permit for the deck are outside of the scope of the Committee. B. McColl further advised although the neighbour expressed concerns about privacy, the variances requested can be considered minor, noting he was in support of the application. S. Hannah indicated as the property is a semi-detached dwelling, their front yard is their identified amenity space, noting the only reason for requiring a variance was due tothereconstruction of services. S. Hannah further advised the privacy was suggested and determined not to be preferred by the neighbour as a means to alleviate those concerns. Moved by S.Hannah Seconded byB. McColl That the application of PEMBE IRFAN and YILMAZ IRFANrequesting permission to legalize a deck on an existing semi-detached dwelling having a rear yard setback of 2.81m rather than the required 4m; and, a side yard setback of abutting Guerin Avenue of 4.26m rather than the required 4.5m, on Part Lot 1, Plan 589, being Part 1 on Reference Plan 58R-17027, 68 Guerin Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-131-CITY OF KITCHENER 2.Submission No.:A 2021-047 (Cont’d) 3.The general intent and purpose of the City of Kitchener Zoning By-Lawand Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 3.Submission No.:A 2021-049 Applicants:Amanda& AllenHawkins& Alfred Reeves Property Location:279 Sheldon Avenue North Legal Description:Part of Lot180, Plan 651 Appearances: In Support:M.Kulesza Contra:None Written Submissions:None The Committee was advised the applicantsarerequesting permissionto 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. The Committee considered Development Services Department report DSD-2021-103dated June 03,2021recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 31, 2021 advising they have no concerns with this application. Moved byS. Hannah Seconded byM. Kidd That the application of ALFRED SIDNEY REEVES and ALLEN WALLACE HAWKINS and AMANDA LYNN HAWKINSrequesting permission to re-constructan attachedcovered 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, on Part of Lot 180, Plan 651,279 Sheldon Avenue North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-132-CITY OF KITCHENER 4.Submission No.:A 2021-050 Applicants:Christopher McCluskey and Fiona Lusby Property Location:4 Dekay Street Legal Description:Part of Lots440441, Plan 376 Appearances: In Support:M.Max Contra:None Written Submissions:None The Committee was advised the applicants arerequesting 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. The Committee considered Development Services Department report DSD-2021-101datedJune 03, 2021 recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 31, 2021 advising they have no concerns with this application. It was suggested and agreed that the Committee decision not that the approval is for a 1-storey addition. Moved byB. McColl Seconded by S. Hannah That the application of CHRISTOPHER CONNELL MCCLUSKEY and FIONA MARGARET LUSBYrequesting 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,on Part of Lots 440 441, Plan 376, 4 Dekay Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 5.Submission No.:A 2021-051 Applicant:Scott Weber & Heather Kendall Property Location:185 Simeon Street Legal Description:Part Lot 98,Registered Plan 351 Appearances: In Support:S.Weber Contra:None COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-133-CITY OF KITCHENER 5.Submission No.:A 2021-051(Cont’d) Written Submissions:D.Thompson The Committee was advised the applicant is requesting 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. The Committee considered Development Services Department report DSD-2021-097dated June 04,2021 recommending approvalof this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 31, 2021 advising they have no concerns with this application. Moved byM.Kidd Seconded by B. McColl That the application of HEATHER ANNE KENDALL and SCOTT MICHAEL WEBERrequesting 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, on Part Lot 98, Registered Plan 351, 185 Simeon Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 6.Submission No.:A 2021-052 Applicants:Annette and Raymond Higgins Property Location:74 Chestnut Street Legal Description:Lot 12,Plan144 Appearances: In Support:R.Higgins Contra:None Written Submissions:R. Higgins The Committee was advised the applicantis requestingpermission 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 0m 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 offstreet parking space and detached garage to be located 1.41m 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. The Committee considered Development Services Department report DSD-2021-110dated June 09, 2021 recommending approval of theapplication. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-134-CITY OF KITCHENER 6.Submission No.:A 2021-052(Cont’d) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 31, 2021 advising they have no concerns with theapplication. RaymondHigginswas in attendance in support of the application, notinghe was in opposition with the staff recommendation to refuse theDVTencroachment.R. Higgins stated he provided a written submission to address the refusal request related to the DVT, noting since purchasing the property they have done a significant amount of renovations to improve the property. The requested variances are intended to improve the rear of the property where the foundation is deteriorating, to build a small garage and carport, indicatingthe intention to remove the deck and shed for the construction. R. Higgins stated there are very few properties within the vicinity that comply with the DVT requirements. R. Higgins indicated the left side of the DVT is already obstructed by the house and porch at127 Mansion Streetandthe right side is also obstructed by the deck which is proposed to be demolished. R. Higgins indicated the proposed garage will be an improvementto the existing encroachment condition. R. Higgins further advised the Committee has approved applications similar to this in the past, noting the condominium building across the street has a similar condition. D. Seller stated staff are unable to support the proposed garage encroachment into the DVT, noting there is currently a 1.6m off set between the driveway and the neighbouring property. D. Seller indicated the proposed garage would eliminate that setback.D. Seller statedthe current encroachment into the DVT are pre-existing conditions, staff are not able to support such a large encroachment into the DVT as proposed. D. Seller stated Transportation Services have no objections with the variance for the parking setback. D. Seller further advised even if there is a sidewalk installed along Mansion Street, staff have no objections to the proposed parking setback as there is sufficient space in the driveway to accommodate parking without obstruction onto the sidewalk. D. Seller indicated Transportation Services cannot support the encroachment as requested, noting staff would be willing to work with the applicant to review options that could possibly be supported. The Chair suggested a possible one month deferral to allow the applicant and opportunity to work with Transportation Services related to the garage. R. Higgins noted if the City installed a new sidewalk on Mansion Street, there would be other properties located within the vicinity that would losetheir off-street parking spaces. R. Higgins expressed some frustration related to the Committee process, indicatingit was his understanding that Planning staff were supportive of the subject application. S. Hannah indicated he was leaning towards a deferral, noting he believes there could be changes to the proposed construction that may addressboth the City’s requirements and the applicants. In response to questions, R. Higgins advised the deck would only require a 1, possibly 2 stairrise from grade. S. Hannah indicated the stairs may require an encroachment agreement. Several members spoke in support of the proposed deferral, noting following a discussion with staff, likely a solution can be identified. R. Higgins indicated he has already lost more time than anticipated to startconstruction. R. Higgins stated it appeared staff were unwilling to accept any variance related to the DVT. J. von Westerholt indicated staff have expressed a willingness to review options related to the DVT,notingthere may be materials or designs as an example that could be taken into consideration. J. von Westerholt further advised the applicant reference other applications where the Committee approved encroachments into theDVT, she indicated each application is considered on its own merit R. Higgins stated as a possible option he couldinvertthe garage with the carport, but there would still be some encroachment into the DVT. Moved byS. Hannah Seconded byM. Kidd COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-135-CITY OF KITCHENER 6.Submission No.:A 2021-052(Cont’d) That the application of Annette and Raymond Higginsrequesting 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 0m 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 offstreet parking space and detached garage to be located 1.41m 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, on Lot 12, Plan144,74 Chestnut Street, Kitchener, Ontario, BE DEFERREDto the July 20, 2021 Committee of Adjustment meeting, to allow additional opportunity to dialogue with Transportation Services staff regarding the encroachment into the DVT. Carried 7.Submission No.:A 2021-053 Applicants:Igor Rasevic Property Location:12 Blucher Street Legal Description:Part of Lots9, 10, 11, Registered Plan 321, Part of Lots74, Streets and Lanes Appearances: In Support:I.Rasevic Contra:None Written Submissions:None The Committee was advised the applicantis requestingpermissionfor 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. The Committee considered Development Services Department report DSD-2021-098dated June 4, 2021 recommending approval of the application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 31, 2021 advising they have no concerns with theapplication. Igor Rasevicwas in attendance in support of the subject application and the staff recommendation. In response to questions, I.Rasevicadvised there is a shared easement between the 12 and 14 Blucher Street providing access to parking at the rear of both properties. Moved byB. McColl Seconded byM. Kidd That the application of IGOR RASEVICrequesting 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, on Part of Lots 9, 10, 11, Registered Plan 321, Part of Lots 74, Streets and Lanes, 12 Blucher Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.Thevariances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-136-CITY OF KITCHENER 7.Submission No.:A 2021-053(Cont’d) Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 8.Submission No.:A 2021-054 Applicants:Robert Covach Property Location:74 Paddock Court Legal Description:Lot 19, Plan 1740 Appearances: In Support:Robert Covach Contra:None Written Submissions:P. Askett The Committee was advised the applicantis requestingpermissionto 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. The Committee considered Development Services Department report DSD-2021-105dated June 4,2021 recommending approval of the application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 31, 2021 advising they have no concerns with the application. Robert Covachwas in attendance in support of the subject application. In response to questions, R.Covachadvised he had previouslyapplied for a building permit but due to the height measurements of the as built structure the permit requires modifications to ensure it canbe closed. Moved byS. Hannah Seconded byB. McColl That the application of ROBERT GABRIEL COVACHrequesting permission to legalizean accessory building having a maximum building height of 7.77m rather than the permitted maximum height of 5.5m; and; the underside of the fascia to have a height of 5.2m rather than the maximum permitted 3m, on Lot 19, Plan 1740, 74 Paddock Court, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-137-CITY OF KITCHENER 9.Submission No.:A 2021-055 Applicants:Roman Zycki Property Location:41 Heiman Street Legal Description:Part LotLot 44, Municipal Compiled Plan, Subdivision of Lot 18, being Parts 3 & 4 on RP58R-20182 Appearances: In Support:R.Zycki Contra:None Written Submissions:None The Committee was advised the applicantis requestingpermission 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. The Committee considered Development Services Department report DSD-2021-107dated June 07, 2021 recommendingapproval of the application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 31, 2021 advising they have no concerns with the application. Roman Zyckiwas in attendance in support of the application and the staff recommendation. In response to questions, R.Zyckiadvised the subject property was created through a consent application and had previously approved plans for the new dwelling, noting he built the dwelling as per those approvals. Moved by B. McColl Seconded by M.Kidd That the application of ROMAN ZYCKIrequesting 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, on Part Lot Lot 44, Municipal Compiled Plan, Subdivision of Lot 18, being Parts 3 & 4 on RP 58R-20182, 41 Heiman Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 10.Submission No.:A 2021-056 Applicants:Adam Nobel and Heather Nobel Property Location:29 Brunswick Avenue Legal Description:Part Lot 9,Plan 146 COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-138-CITY OF KITCHENER 10.Submission No.:A 2021-056(Cont’d) Appearances: In Support:P.McFadden Contra:None Written Submissions:Non. The Committee was advised the applicantis requestingpermission 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. The Committee considered Development Services Department report DSD-2021-106dated June 01, 2021 recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 31, 2021 advising they have no concerns with the application. Phill McFaddenwas in attendance in support of the subject application. It was noted the conditions outlined in the staff recommendation have minor clerical errors. It was suggested and agreed that condition 1 be amended toremove reference to a “site plan” and only to refer the approval to be in accordance with the drawing submitted with the application; and, in condition 2 to remove reference to the subject property a severed parcel. Moved by B. McColl Seconded by S. Hannah That the application of ADAM PHILLIP NOBLE and HEATHER NATASHA NOBLErequesting 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, on Part Lot 9, Plan 146, 29 Brunswick Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall submit a Building Permit application for the proposed new garage and second storey addition that generally complies with the drawing submitting with this application, dated May 14, 2021. 2.The owner shall prepare a Tree Preservation/Enhancement Plan in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-139-CITY OF KITCHENER CONSENT APPLICATIONS 1.Submission No.:B 2021-029 Applicants:Azim Anwar & Toba Anwar Property Location:196 Sydney Street South Legal Description:Part Lots172&173, Registered Plan 262and PartLot124, Streets and Lanes Appearances: In Support:R.Rai P.Anwar Contra:S.Ranney Written Submissions:S.Ranney The Committee was advised the applicantis requestingpermission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 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. The Committee considered Development Services Department report DSD-2021-108dated June 08, 2021 recommendingapproval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 3, 2021 advising they have no objection to this application subject to the following conditions: 1)That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated May 31, 2021 advising they have no concerns with the subject application. The Chair requested the comments from the Region of Waterloo be included in the Committee’s decision this date. Raj Raiand Azim Anwarwere in attendance in support of the application. Scott Ranneyaddressed the Committee in opposition to the subject application, noting he previously inquired about the developmentand was toldby staff thatthe 7.5m rear yard requirement would be measured to the deck, only to learn the requirement was measured to the house. S. Ranney stated the dwelling looks more likean apartment building and does not reflect theother properties on the street. S. Ranney expressed furtherconcerns related to privacy andfrustration related to the misleadinginformation hereceived relatedto the required rear yard.S. Ranney questioned as a privacy screen was suggested in a previous application was it something that could be considered in this application. J. von Westerholt indicated she was unable to speak to the conversations between the neighbour and other staff. She indicated there are setback requirements for rear yards in relation to the dwelling and thedeck. J. von Westerholt advised the subject application is for the creation of a new lot, noting the setbacks are not subject to the application. S. Hannah noted the City’s Zoning By-law does permit decks to encroach into the rear yard setback. S. Hannahfurther advise a privacy screen in an earlier application as the deck did not comply with the Zoning By-law, noting the deck is compliant in this instance.S. Hannah commentedhe had read the written submission provided, noting generally semi-detached dwellings are constructed first prior to requesting a severance to ensure the lot line is severed accurately down the party wall. S. Hannah stated if there were any additional concerns related to the development the only recourse in this instance would be a civil dispute. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-140-CITY OF KITCHENER 1.Submission No.:B2021-029(Cont’d) S. Ranney questioned what happened if the Committee did not approve the application. J. von Westerholt noted the semi-detached dwelling was still a permitted use, the property owner would not be permitted to sell each parcel individually. In response to questions, R. Raj advised the sanitary and water laterals had been installed but had not yet been connected to the service mains. S. Hannah suggested and it was agreed that the condition related to parkland dedication be amended to reference the amount that is required to be paid, which was included in the parkand cemeteriescomments within the staff report. Moved byB. McColl Seconded by S. Hannah That the application of AZIM ANWAR and TOBA ANWAR requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 8.7m, a depth of 28.9m and an area of248 sq.m. The retained land will have a width of 8.7m, a depth of 27.6m and an area of 242 sq.m., onPart Lots 172 & 173, Registered Plan 262 and Part Lot 124, Streets and Lanes, 196 Sydney Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2.That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the Cityof Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3.That the owner shall make satisfactory financial arrangements with the City of Kitchener for a cash-in-lieu contribution for parkland dedication in theamount of $4,002. 4.The owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed and retained lands. 5.The owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 6.The owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site with corresponding layer names and asset information, to the satisfaction of the City’s Engineering Services. 7.The owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands, or otherwise receive relief from Engineering Services for this requirement. 8.That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority for theConsent Application review fee of $430. 9.That the owner shall make satisfactory financial arrangements with the Region of Waterloo for the Consent Application review fee of $350. It is the opinion of this Committee that: 1.A plan of subdivision is not necessaryfor the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-141-CITY OF KITCHENER 1.Submission No.:B2021-029(Cont’d) 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 15, 2023. Carried 2.Submission No.:B 2021-030 Applicants:1154461 Ontario Limited & Matthew Warzecha Property Location:509 Mill Street Legal Description:Part Lots17,18 & B, Plan 384, Part Lot 19A, Plan 791, being Part 1 on Reference Plan58R-6024 Appearances: In Support:M.Warzecha Contra:None Written Submissions:None The Committee was advised the applicantis requestingpermission 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. The Committee considered Development Services Department report DSD-2021-099dated June 04, 2021 recommending approval of the application, subject toconditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services datedJune 03, 2021, advising they have no objection to this application. Moved byS. Hannah Seconded by B. McColl That the application of 1154461 ONTARIO LIMITED and MATTHEW WARZECHArequesting 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, on PartLots 17, 18 & B, Plan 384, Part Lot 19A, Plan 791, being Part 1 on Reference Plan 58R-6024, 509 Mill Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 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. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-142-CITY OF KITCHENER 2.Submission No.:B2021-030(Cont’d) 3.That the owner shall submit 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 shall provide a building code assessment as it relates to the new proposed property line to the satisfaction of the Chief Building Official. The building code assessment relates to the new proposed property line and any of the buildings adjacent to this new property line and shall address such items as spatial separation of existing 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 ownershall ensure the lands to be severed are to be added to the abutting lands and title is to be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 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. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date ofgiving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 15, 2023 Carried 3.Submission No.:B 2021-031 & B 2021-032 Applicants:Mark Bingeman&Bingemans Inc. Property Location:425 Bingemans Centre Drive Legal Description:Part of Lots 122 & 123, German Company Tract Appearances: In Support:P.Britton D.Natale M.Bingeman Contra:None Written Submissions:None COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-143-CITY OF KITCHENER 3.Submission No.:B2021-031 & B 2021-032(Cont’d) The Committee was advised the applicantis requestingpermissionto 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. The Committee considered Development Services Department report DSD-2021-101dated June 03, 2021 recommending approval of the application, subject to the conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 3, 2021 advising they have no objection to this application subject to the following conditions: 1)That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated June 04, 2021 advising they have no concerns with the subject application. The Chair noted the conditions requested by the Region of Waterloo and Grand River Conservation Authority need to be included in the Committee’s decision this date. Paul Britton,Domenic Nataleand Mark Bingemanwere in attendance in support of the application. In response to questions. P. Britton advised the severance has been requested on behalf of staff to assist in its future development. The proposed right-of-way will assist in facilitating that development but will allow for a cross over connection between other establishments currently operated by Bingemans. M.Colleyaddressed the Committee, noting the proposed severance has been identified as having possible site contamination, noting although the property is identified for industrial use, based on the City’s Zoning it could also be used for a more sensitive use such as a campground. M. Colley stated if a more sensitive use is proposed for the site, a Record of Site Condition would be required through future approval requests. Submission No. B 2021-031 Moved by M. Kidd Seconded by B. McColl That the application of BINGEMANS INC and MARK BINGEMAN requesting permission to grant an access easement that is 0.839 hectares in size;and,to granta storm water easement that is 0.91 hectares in size, both on the retained landsoutlined in Consent Application B 2021-032 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, on Part of Lots 122 & 123, German Company Tract, 425 Bingemans Centre Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2.That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-144-CITY OF KITCHENER 3.Submission No.:B2021-031 & B 2021-032(Cont’d) 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); 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. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date ofgiving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 15, 2023. Submission No. B 2021-032 Moved by M. Kidd Seconded byB. McColl That the application of BINGEMANS INC and MARK BINGEMAN requesting 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, on Part of Lots 122 & 123, German Company Tract, 425 Bingemans Centre Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-145-CITY OF KITCHENER 3.Submission No.:B2021-031 & B 2021-032(Cont’d) 2.That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3.That the owner shall make satisfactory financial arrangements with the Region of Waterloo for the Consent Application review fee of $350. 4.That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority for their application review fee. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 15, 2023. Carried COMBINEDAPPLICATIONS 1.Submission No.:B2021-033,A 2021-057&A 2021-058 Applicant:389160Ontario Limited Property Location:269-271 Madison Avenue South& 184 Mill Street Legal Description:Part Lot 1, Registered Plan 366 Appearances: In Support:P. Chauvin G. Smith Contra:None Written Submissions:None The Committee was advised the applicant is requesting permission 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. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-146-CITY OF KITCHENER 1.Submission No.:B 2021-033, A 2021-057 & A 2021-058(Cont’d) 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 The Committee considered Development Services Department report DSD-2021-104dated June 03, 2021, recommending of the subject applications as outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated June 03, 2021, advising they have no objection to application B 2021- 033,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 i. “The purchasers / tenants are advised that sound levels due toincreasing road traffic on Ottawa Street South and rail noise fromCN Railway may occasionally interfere with some activities of thedwelling occupants as the sound levels may exceed the sound levellimits of the Waterloo Region and theMinistry of the Environment Conservation and Parks (MECP)”. ii. “This unit has been installed with air-ducted heating and ventilationsystem suitably sized and designed for adding a central airconditioning at the occupant’s discretion. Installation of central airconditioning will allow windows and exterior doors to remain closed,thereby ensuring that the indoor sound levels are within the soundlevel limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP).” iii. “Warning: Canadian National Railway Company or its assigns orsuccessors in interest has or have a rights-of-way within 300metres from the land the subject thereof. There may be alterationsto or expansions of the railway facilities onsuch rights-of-way in thefuture including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, whichexpansion may affect the living environment of the residents in thevicinity, notwithstanding the inclusion of any noise and vibrationattenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for anycomplaints or claims arising from use of such facilities and/oroperations 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 31,2021 advising they have no concerns with applications A 2021-057 and A 2021-058. The Committee considered the report from the Grand River Conservation Authority, dated June02, 2021,advising they have no concerns with applications B 2021-033, A 2021-057 and A 2021-058. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-147-CITY OF KITCHENER 1.Submission No.:B 2021-033, A 2021-057 & A 2021-058(Cont’d) The Chair requested the Conditions from the Region of Waterloo be included in the Committee’s decision this date. Pierre Chauvinand GillianSmithwere in attendance in support of the subject application and the staff recommendation. S. Hannah questioned whether a site plan had beensubmitted demonstrating the parking and how the parking spaces were accommodated on site. J. von Westerholt advised the variances requestedare only required to recognize already existing conditions due to the requested severance. G. Smith indicated to address the current conditions staff requested a Stamp Plan B Site plan approvalto demonstrateand confirm the off-street parkingspaces. G. Smith noted the plan was not included with the application as the process was completed after the submission deadline. P. Chauvin presented the Stamp Plan B Site plandemonstrating the location of the off-street parking spaces on the proposed severed and retained lots. The following motion was then voted on with D. Cybalski, B. McColl and M. Kidd voting in favour; and, S. Hannah voting in opposition. Submission No. B 2021-033 Moved byB. McColl Seconded by M. Kidd That the application of 389160 ONTARIO LIMITED requesting permissionto 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., on Part Lot 1, Registered Plan 366,269-271 Madison Avenue Southand 184 Mill Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the Owner shall obtain a tax certificate from the City of Kitchener to verify 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 Surveyorin 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 provides confirmation that separate service connections are in place for both severed and retained landsto the satisfaction of the City’s Engineering Division. 4.Thatthe ownershallreceive 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 5.That the owner shall retain 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. 6.That the owner shall receive final approval of Minor Variance Applications A 2021-057 & A 2021-058. 7.That the owner shall make satisfactory financial arrangements with the Region of Waterloo for the Consent Application review fee of $350. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-148-CITY OF KITCHENER 1.Submission No.:B 2021-033, A 2021-057 & A 2021-058(Cont’d) 8.That the owner shall enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a.The following noise warning clauses be included in all offers of purchase, deedsand rental agreements i. “The purchasers / tenants are advised that sound levels due toincreasing road traffic on Ottawa Street South and rail noise fromCN Railway may occasionally interfere with some activities of thedwelling occupants as the sound levels may exceed the sound levellimits 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 ventilationsystem suitably sized and designed for adding a central airconditioning at the occupant’s discretion. Installation of central airconditioning will allow windows and exterior doors to remain closed,thereby ensuring that the indoor sound levels are within the soundlevel limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP).” iii. “Warning: Canadian National Railway Company or its assigns orsuccessors in interest has or have a rights-of-way within 300metres from the land the subject thereof. There may be alterationsto or expansions of the railway facilities on such rights-of-way in thefuture including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, whichexpansion may affect the living environment of the residents in thevicinity, notwithstanding the inclusion of any noise and vibrationattenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for anycomplaints or claims arising from use of such facilities and/oroperations 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. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For moreinformation please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 15, 2023. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-149-CITY OF KITCHENER 1.Submission No.:B 2021-033, A 2021-057 & A 2021-058(Cont’d) Submission No. A 2021-057 Moved by B. McColl Seconded by M. Kidd That the application of 389160 ONTARIO LIMITEDrequesting Permission is also being requested for minor variances for the retained landidentified in Consent Application B 2021-033 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, on Part Lot 1, Registered Plan 366,269-271 Madison Avenue South, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on thesubject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Submission No. A 2021-058 Moved by B. McColl Seconded by M. Kidd That the application of 389160 ONTARIO LIMITEDrequesting permission for the severed land identified in Consent Application B 2021-033to havea 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., on Part Lot 1, Registered Plan 366, 184 Mill Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 2.Submission No.:B2021-034, B 2021-035 & A 2021 059, A 2021-060 Applicant:Jeremy Krygsman & Andrew Steinbach Property Location:297 Ottawa StreetSouth Legal Description:Part of Lots 308-310, Registered Plan 262 Appearances: In Support:J.Krygsman COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-150-CITY OF KITCHENER Contra:None Written Submissions:G & J Turoczi D. Rovina The Committee was advised the applicant is requesting permission 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 The Committee considered Development Services Department report DSD-2021-100dated June 04, 2021, recommending approval of thesubject applications as outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated June 03, 2021, advising they have no objection to applicationsB 2021- 034, B 2021-035,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 theRegion 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 i.“The purchasers / tenants are advised that sound levels due toincreasing road traffic on Ottawa Street South and rail noise fromCN Railway may occasionally interfere with some activities of thedwelling occupants as the sound levels may exceed the sound levellimits 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 ventilationsystem suitably sized and designed for adding a central airconditioning at the occupant’s discretion. Installation of central airconditioning will allow windows and exterior doors to remain closed,thereby ensuring that the indoor sound levels are within the soundlevel limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP).” iii.“Warning: Canadian National Railway Company or its assigns orsuccessors in interest has or have a rights-of-way within 300metres from the land the subject thereof. There may be alterationsto or expansions of the railway facilities on such rights-of-way in thefuture including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, whichexpansion may affect the livingenvironment of the residents in thevicinity, notwithstanding the inclusion of any noise and vibrationattenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for anycomplaints or claims arising from use of such facilities and/oroperations on, over or under the aforesaid rights-of-way.” COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-151-CITY OF KITCHENER 2.SubmissionNo.:B 2021-034, B 2021-035 & A 2021 059, A 2021-060(Cont’d) 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. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 03, 2021,advising they have no concerns with applicationsA 2021 059 and A 2021-060. The Committee considered the report from the Grand River Conservation Authority, datedJune 02, 2021,advising they have no concerns with applications B 2021-034, B 2021-035, A 2021 059 and A 2021-060. The Chair requested the conditions from the Region of Waterloo be included in the Committee’s decision this date. Jeremy Krygsmanquestioned once the Road Widening is taken on OttawaStreet South would there be an opportunity to enter into an encroachment agreement to address potential concerns related to off-street parking in the driveway. J. von Westerholt noted Ottawa Street South was a Regional Road and it was her understanding the Region did not typically enter into encroachment agreements. J.Krygsmanfurther requested consideration be given to removing the requirement outlined in staff recommendation related to receiving approval of elevation drawings, noting proposed building designs have already been submitted. J. von Westerholt advised it would be staff preference to maintain the recommendation as outlined in the report, noting the condition will ensure the compatibility of the development. Questions were raised regarding the requested road widening, J. von Westerholt advised the Region of Waterloo would have identified the widening in their Official Plan, stating a number of factors such as the Light Rail Transit (LRT) corridor as an example would have identified the need for the widening. J. von Westerholt further advised the City has delegated authority from the Region of Waterloo to consider consent applications, noting the importance of imposing the conditions that have been requested. In response to questions, J. Krygsmanadvised there was still room in the driveway for two off-street parking spaces. Submission No. B 2021-034 Moved by B. McColl Secondedby S. Hannah That the application of ANDREW STEINBACH and JEREMY PETER KRYGSMAN requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land havinga width of 15.85m, a depth of 15.26m and an area of 258 sq.m.; and, to grant a maintenance easement along the exterior building walls having a width of 1.5m in favor of the retained land, on Part of Lots 308-310, Registered Plan 262, 297 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the Owner shall obtain a tax certificate from the City of Kitchener to verify 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 pays to the City of Kitchener a cash-in-lieu contribution for parkdedication on the severed parcel equal in the amount of $5911.00. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-152-CITY OF KITCHENER 2.Submission No.:B 2021-034, B 2021-035 & A 2021 059, A 2021-060(Cont’d) 4.That the owner shall 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 the owner shall ensure any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 6.That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7.That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8.That the owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9.That the owner shall ensure 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 the owner shall receive final approval of Minor Variance Applications A2021-059 & A2021-060. 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 ofthe 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.aclause/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 the owner shall make satisfactory financial arrangements with the Region of Waterloo for the Consent Application review fee of $350. 14.That the owner shall complete the required road widening dedication to the satisfaction of the Region of Waterloo. 15.That the owner shall enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a.The following noise warning clauses be included in all offers of purchase, deeds and rental agreements COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-153-CITY OF KITCHENER 2.Submission No.:B 2021-034, B 2021-035 & A 2021 059, A 2021-060(Cont’d) i.“The purchasers / tenants are advised that sound levels due toincreasing road traffic on Ottawa Street South and rail noise fromCN Railway may occasionally interfere with some activities of thedwelling occupants as the sound levels may exceed the sound levellimits 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 ventilationsystem suitably sized and designed for adding a central airconditioning at the occupant’s discretion. Installation of central airconditioning will allow windows and exterior doors to remain closed,thereby ensuring that the indoor sound levels are within the soundlevel limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP).” iii.“Warning: Canadian National Railway Company or its assigns orsuccessors in interest has or have a rights-of-way within 300metres from the land the subject thereof. There may be alterationsto or expansions of the railway facilities on such rights-of-way in thefuture including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, whichexpansion may affect the living environment of the residents in thevicinity, notwithstanding the inclusion of any noise and vibrationattenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for anycomplaints or claims arising from use of such facilities and/oroperations 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. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date ofgiving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 15, 2023. Submission No. B2021-035 Moved by B. McColl Seconded by S. Hannah That the application of ANDREW STEINBACH and JEREMY PETER KRYGSMAN requesting permission to grant aneasement on retained land between the semi-detached dwellings on the common property line having a width of 1.5m for maintenance purposesin favour of the severed land outlined in Consent Application B 2021-035, on Part of Lots 308-310, Registered Plan 262, 297 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-154-CITY OF KITCHENER 2.Submission No.:B2021-034, B 2021-035 & A 2021 059, A 2021-060(Cont’d) 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 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. 4.That the owner shall 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 theowner shall ensure any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 6.That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7.That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8.That the owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have agravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9.That the owner shall ensure 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 treesadjacent to the subject property to the satisfaction of the City’s Operations. 10.That the owner shall receive final approval of Minor Variance Applications A2021-059 & A2021-060. 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 shallnot 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. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-155-CITY OF KITCHENER 2.Submission No.:B 2021-034, B 2021-035 & A 2021 059, A 2021-060(Cont’d) 13.That the owner shall make satisfactory financial arrangements with the Region of Waterloo for the Consent Application review fee of $350. 14.That the owner shall complete the required road widening dedication to the satisfaction of the Region of Waterloo. 15.That the owner shall enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a.The following noise warning clauses be included in all offers of purchase, deeds and rental agreements iv.“The purchasers / tenants are advised that sound levels due toincreasing road traffic on Ottawa Street South and rail noise fromCN Railway may occasionally interfere with some activities of thedwelling occupants as the sound levels may exceed the sound levellimits of the Waterloo Region and the Ministry of the EnvironmentConservation and Parks (MECP)”. v.“This unit has been installed with air-ducted heating and ventilationsystem suitably sized and designed for adding a central airconditioning at the occupant’s discretion. Installation of central airconditioning will allow windows and exterior doors to remain closed,thereby ensuring that the indoor sound levels are within the soundlevel limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP).” vi.“Warning: Canadian National Railway Company or its assigns orsuccessors in interest has or have a rights-of-way within 300metres from the land the subject thereof. There may be alterationsto or expansions of the railway facilities on such rights-of-way in thefuture including the possibility that the railway or its assigns orsuccessors as aforesaid may expand its operations, whichexpansion may affect the living environment of the residents in thevicinity, notwithstanding the inclusion of any noise and vibrationattenuating measures in the design of the development andindividual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/oroperations 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. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-156-CITY OF KITCHENER 2.Submission No.:B 2021-034, B 2021-035 & A 2021 059, A 2021-060(Cont’d) Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being June 15, 2023. Submission No. A2021-059 Moved by B. McColl Seconded by S. Hannah That the application of ANDREW STEINBACH and JEREMY KRYGSMANrequesting permission for the severed land outlined in Consent Applications B 2021-034 & B 2021-035 to allow a Semi- Detached Duplex Dwelling havinga rear yard setback of 1.4m rather than the required 7.5m, on Part of Lots 308-310, Registered Plan 262,297 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1.Thatthe owner shall submitelevation drawings 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. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Submission No. A2021-060 Moved by B. McColl Seconded by S. Hannah That the application of ANDREW STEINBACH and JEREMY PETER KRYGSMANrequesting permission for the retained land outlined in Consent Applications B 2021-034 & B 2021-035 to permitSemi-Detached Duplex Dwellinghaving a rear yard setback of 1.4m rather than the required 7.5m;having two pedestrian entrances on the street line façade facing Ottawa Street South whereas the By-law only permits 1 entrance for a Semi-Detached duplex dwelling; and, to allow a parking spaceswithin the garage to be 2.8m wide rather than the required 3m, on Part of Lots 308- 310, Registered Plan 262,297 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1.Thatthe owner shall submitelevation drawings 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. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT MINUTES June 15, 2021-157-CITY OF KITCHENER 2.Submission No.:B 2021-034, B 2021-035 & A 2021 059, A 2021-060(Cont’d) 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account aspart of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried ADJOURNMENT On motion, the meeting adjourned at 11:32a.m. Dated at the City of Kitchener this 15thday of June,2021. Dianna Saunderson Secretary-Treasurer Committee of Adjustment