Loading...
HomeMy WebLinkAboutCA Agenda - 2021-07-20COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA July 20, 2021 - 10:00 a.m. MINOR VARIANCE APPLICATION: Submission No.: A 2021-052 Applicants: Annette and Raymond Higgins Property Location: 74 Chestnut Street Legal Description: Lot 12, Plan 144 The Committee was advised the applicant is requesting permission to construct a 2 -storey addition and garage in the rear yard of an existing single detached dwelling having a side yard abutting Mansion Street of 0.88m rather than the required 4.5m; an uncovered porch having a Om setback from Mansion Street rather than the required 4.5m; a raised covered deck having a height of 1.2m to be located 0.6m from the southerly lot line rather than the required 1.2m; the required 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 CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 KI`1 [� I� �ti,7h Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2203 As amended and Ontario Regulations 197/96 and 200/96, as amended. CofA@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY July 20, 2021, commencing at 10:00 a.m. as an electronic meeting for the purpose of hearing the following applications for Minor Variance and/or Consent. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. Please note this electronic meeting is a public meeting and will be recorded. PLEASE NOTE: Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is only open for select services. Members of the public are invited to watch in this meeting electronically by accessing the meeting live -stream video at www.kitchener.ca/watchnow. Information on how you can participate or submit written comments for any matter on this agenda are provided below. HOW TO PARTICIPATE: ➢ All applications must be represented by an applicant or agent to be considered by the Committee. Please follow the registration information as listed below to confirm the most up-to-date contact information. As in-person meetings are not an option at this time, you can view or participate in a meeting as follows: • To participate you can register no later than 4:00 p.m. on Monday July 19, 2021. To register please email CofAa-kitchener.ca or via phone at 519-741-2203. When registering you must provide your full contact name including mailing address, email address, phone number and application you would like to comment on. Once you are registered you will receive an email including information on how to connect to the Zoom meeting (i.e. weblink of conference call number). • You can provide a written submission no later than 8:30 a.m. Tuesday July 20, 2021, which would be circulated to the Committee for consideration. All written submissions MUST include your full name, mailing address, phone number and email address if possible. Failure to include your contact information will prevent it from being circulated to the Committee. If you are unsure whether you would like to speak but would rather listen and watch the meeting with the option to comment on a particular application, please register with the Secretary -Treasurer (information provided above). You will not be required to speak if you choose not to. Copies of written submissions and public agencies' comments are available on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2021-061 - 29 Floral Crescent Permission to construct a sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 5m rather than the required 7.5m. A 2021-062 - 316 Quaiser Court Permission to construct a covered porch in the rear yard of an existing single detached dwelling having a rear yard setback of 5.65m rather than the required 7.5m. A 2021-063 - 48 Martin Street Permission to convert a duplex into a triplex on a lot having an area of 313 sq.m. rather than the required 495 sq.m.; a lot width of 13.2m rather than the required 15m; a rear yard setback of 7.27m rather than the required 7.5m; and, to have 2 off-street parking spaces rather than the required 3 off-street parking spaces. A 2021-064 - 34 Uxbridge Crescent Permission to construct a 1 car garage and covered patio area behind the garage in the northerly side yard of an existing single detached dwelling having a northerly side yard setback of 0.6m rather than the required 1.2m; and, an existing driveway having a northerly side yard setback of Om rather than the required 0.6m. A 2021-065 - 117 Golden Meadow Crescent Permission allow the required off-street parking spaces located 1.63m from the property line rather than the required 6m. The garage is being converted into a main floor washroom and storage area. A 2021-066 - 195 Yellow Birch Drive Permission to allow a catering service establishment as a home business accessory in an existing single detached dwelling whereas the By-law does not permit catering service establishment; and, to permit 1 off-street parking space to be located 1.029m from the property line rather than the required 6m. The existing garage is intended to be converted for the home business use. Page 1 of 3 A 2021-067 - 806 Belmont Avenue West Permission to legalize an existing deck in the rear yard of a single detached dwelling having a rear yard setback of 3m rather than the required 4m. A 2021-068 - 71 Massey Avenue Permission to construct a carport in front of an existing garage on a single detached dwelling having a northerly side yard setback of 0.6m rather than the required 1.2m. A 2021-069 - 926-936 King Street East Permission to construct a 10 -storey 98 -unit multi -residential mixed -used building having a maximum building height and proposed penthouse to permit a building 32m for the building and 35m for the penthouse; relief from Section 541 R to permit a building height of 32m rather than the maximum building height of 19.5m; a parking rate of 0.42 parking spaces per unit rather than the required 1 parking space per unit; and, a visitor parking rate of 5% of the requested parking rather than the required 20% visitor parking required. A 2021-070 - 124 Walter Street Permission to construct an addition in the rear yard of an existing single detached dwelling to covert the dwelling into a duplex having a westerly side yard of 0.8m rather than the required 1.2m; and, a rear yard setback of 3.07m rather than the required 7.5m. A 2021-071 - 19 Anson Court Permission to construct a covered deck in the rear yard of an existing single detached dwelling having a rear yard setback of 4.5m rather than the required 7.5m. A 2021-072 - 53 Plaza Court Permission to construct an accessory building in the rear yard of an existing single detached dwelling the accessory building proposed to have a soffit height of 3.66m rather than the maximum permitted soffit height of 3m. A 2021-073 - 538 Victoria Street South Permission to allow a covered front porch on an existing single detached dwelling having a front yard setback of 8.09m rather than the required minimum front yard setback of 9.49m. A 2021-074 - 42 Florence Avenue Permission to construct a semi-detached dwelling having lot widths for each dwelling unit of 6.8m rather than the required 7.5m; and, an overall lot width of 13.6m rather than the required 15m. A 2021-075 - 10 Pearson Street Permission to construct an industrial building having a front yard setback of 3.1 m rather than the required 6m; a minimum parking rate for manufacturing use of 1 off-street parking space per 140 sq.m. of Gross Floor Area (GFA) rather than the required 1 off-street parking spaces per 90 sq.m. of GFA; and, a minimum parking rate for office use at 1 off-street parking space per 45 sq.m. of GFA rather than the required 1 off-street parking space per 33 sq.m. of GFA. A 2021-076 - 61 Strange Street Request permission to convert the attached garage on an existing duplex into an additional dwelling unit to create a 3 -unit multiple dwelling which has two legal off-street parking spaces rather than the required three parking spaces; to permit the required parking spaces to be located between the fagade and the front lot line whereas the bylaw does not permit required parking to be located between the fagade and the front lot line; and, to have a northerly side yard of 1.02 m rather than required 1.2 m. B 2021-036 - 301 Thaler Avenue Permission to sever a parcel of land having a width of 15.742m, a depth of 24.364m and an area of 383.583 sq.m. The retained land will have a width of 12.902m, a depth of 24.364m and an area of 303.56 sq.m. The proposed lot is intended for the construction of a new single detached dwelling. B 2021-037 - 362 Lancaster Street West Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.625m, a depth of 46.17m and an area of 332.6 sq.m. The retained land will have a width of 7.625m7 a depth of 49.38m and an area of 345.2 sq.m. B 2021-038 - 257 Dumfries Avenue Permission to sever a parcel of land having a width of 9.75m, a depth of 40.54m and an area of 395.2 sq.m. The retained land will have a width of 9.75m, a depth of 40.54m and an area of 395.2 sq.m. The proposed lots are intended for the construction of duplex dwellings. B 2021-039, A 2021-077 & A 2021-078 - 102 Waterloo Street Permission to sever a parcel of land having a width of 8.74m, a depth of 28.5m and an area of 248 sq.m. The retained land will have a width of 8.74m7 a depth of 28.5m and an area of 230 sq.m. Permission is also being requested for the retained land to permit a lot width of 8.74m rather than the required 9m; and, a lot area of 230 sq.m. rather than the required 235 sq.m. Permission is also be request for the severed land to permit a lot width Page 2 of 3 8.74m rather than the required 9m. The existing dwelling is proposed to be demolished and new single detached dwellings are proposed for the new lots. B 2021-040, B 2020-041, A 2021-079 & A 2021-080 - 1770 King Street East, 815 & 825 Weber Street East Permission to sever the properties municipally addressed as 1770 King Street East, 815 & 825 Weber Street East and consent to convey either parcel in any order. 815 & 825 Weber Street East will have a lot width of 35.9m, a depth of 93.92m and an area of 4050 sq.m. 1770 King Street East will have a width of 41.51 m, a depth of 61.51m and area of 2335 sq.m. Permission is also being requests for minor variances for 1770 King Street East to have a maximum front yard setback of 11.5m rather than the required 7.5m; and, minor variances for 815 & 825 Weber Street East to allow a minimum rear yard setback of 1.3m rather than the required 7.5m; and, a maximum front yard setback of 8.1 m rather than the required 7.5m. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2203). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the online Council and Committee calendar; see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Local Planning Appeal Tribunal (LPAT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to CofAa-kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 2nd day of July, 2021. Dianna Saunderson Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON JULY 2, 2021. Page 3 of 3 Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L l\[ [ c HEN I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 10 DATE OF REPORT: July 14, 2021 REPORT NO.: DSD 2021-132 SUBJECT: Minor Variance Application A2021-052 DEFERRED from June 15, 2021 meeting 74 Chestnut Street Owner —Annette and Raymond Higgins RECOMMENDATION: That application A2021-042 AMENDED to request permission to: 1) legalize the required one off-street parking space to be located 1.41 metres from the property line abutting Mansion Street, 2) to construct a raised covered deck in the rear yard, having a height of 1.2 metres, to be located 0.6 metres from the southerly lot line rather than the required 1.2 metres, 3) to construct a one and two-storey addition in the rear yard of an existing single detached dwelling having a side yard abutting Mansion Street of 1.23 metres rather than the required 4.5 metres, 4) to construct an uncovered porch, with a height greater than 0.6 metres above grade, having a 0.92 metres setback from the Mansion Street lot line rather than the required 4.5 metres, 5) to allow the proposed addition and garage to encroach 1.71 metres into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; and, 6) to permit a detached garage in the rear yard of an existing single detached dwelling to be located 2.28 metres from the property line abutting Mansion Street rather than the required 6 metres, be APPROVED, subject to the following conditions: 1) That the detached garage maintains a minimum setback from the rear lot line of 2.6 metres, 2) That a building permit be obtained from the Building division; and, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3) That conditions 1 and 2 be completed by January 1, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. And further, that the request for permission to construct a detached carport to be located 1.74 metres from the Mansion Street lot line be REFUSED. BACKGROUND: Further to the June 15, 2021 Committee of Adjustment meeting (DSD report no. 2021-110) the owner has consulted with Planning and Transportation Planning staff and amended his application to switch the proposed detached garage and carport around as shown in the plan and elevation drawings below. Paved HcirjiBaus�s ParuFi Ira New Carport Detm j — 45J6 d It is noted that not all measurements to the lot line along Mansion Street are shown in the above drawing. Instead the owner has supplied an email confirming the numbers which have been noted in the Recommendation section above. Based on the updated plan and measurements provided, staff are recommending that the application be AMENDED to request permission as noted in the Recommendation section above. Planning Comments In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan The intent of the Low Rise Conservation A designation is to preserve the scale, use and intensity of the existing neighbourhood. The subject single detached dwelling is existing and is a permitted use in the designation. The proposed addition of living space, carport and garage continues to provide a low-rise housing option in this neighbourhood. Therefore, Planning staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law Regarding the existing off-street parking space located 1.41 metres from the lot line abutting Mansion Street rather than the required 6 metres, this is an existing situation and has not been a concern in the past. Because of the size of the rear yard, it is not possible to locate the parking space further from the Mansion Street lot line. Staff is of the opinion that this variance meets the general intent of the bylaw. Regarding the proposed raised covered deck with a height of 1.2 metres above grade to be located 0.6 metres from the side lot line, the intent of the setback is to provide room for maintenance of the structure and also to provide separation from neighbouring lot lines. The proposed 0.6 metres will permit maintenance and continues to provide an adequate setback and minimal impact to the neighbouring property. Regarding the proposed building addition and detached garage, the updated drawing has moved the addition and garage further back from the Mansion Street lot line and therefore reduced the encroachment into the Daylight Visibility Triangle (DVT). As well, Transportation Planning staff have noted that in the future CROZBY zoning of the property, the DVT regulation will be amended to be 3 metres by 4.57 metres and when it is in effect, the addition and garage will be located outside the new DVT. Regarding the detached garage, the applicant has been advised to consult with Building staff to ensure that their definition of `detached' is met. Though the drawing shows the garage against the main dwelling, this will have to be confirmed with Building if any separation is required. In regard to the Zoning By-law, as long as they are not physically attached, then the garage is considered detached. Based on the above comments, staff is of the opinion that the general intent of the Zoning By-law is met for items #1 to #6 noted above. Regarding the setback of the detached carport from the Mansion Street lot line, the intent of the setback requirement for any detached structure (carport, garage or shed) from a street line is to ensure adequate separation from the public streetscape and provide unobstructed viewing along the street. As the proposed carport would not provide adequate separation from the street line and would block sunlight to the neighbouring open porch staff are of the opinion that the intent of the regulation is not met for the detached carport. Is the Variance Minor? As noted above, the variances #1 to 6 as amended through staffs recommendations meet the intent of both the Official Plan and the Zoning By-law. As well, Transportation Planning staff are now in the support of the variances. Staff is of the opinion that the variances are minor. The variance for the detached carport is not considered minor because of its impact on the streetscape as noted above. Is the Variance Appropriate? Staff is of the opinion that the existing off-street parking space and the proposed deck are appropriate for the property and would not negatively impact the surrounding neighbourhood. Regarding the proposed one and two-storey building addition and the detached garage, staff is of the opinion the buildings as shown on the updated plan are better located on the property and appropriate for the site. It is noted that the detached carport is permitted to be located 0.6 metres from the rear lot line. However, regarding its location 1.74 metres from the street line, staff is of the opinion that this variance in not appropriate given the impacts it would have on the streetscape and reduction of sunlight and view from the neighbouring porch. The bylaw requires a minimum of 4.5 metres from the Mansion Street lot line for a shed or bldg. and a minimum of 6 metres for a building which accommodates off-street parking. This would provide for a streetscape clear of buildings along the street line and the proposed carport does not maintain the intent of the bylaw. Based on the above test, Planning staff are not in support of the variance for the carport. Google streetview (2020) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the additions to the single detached dwelling are obtained prior to any construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Planning staff have no concerns with the updated plan and support the variances. Engineering Comments: Engineering has no comments. Environmental Planning: No concerns. Heritage Planning: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 74 Chestnut Street is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Committee of Adjustment application A2021-110 was considered on June 15, 2021 and was deferred to the July meeting. 'Staff Report ` De velo hent Services Departrnent www. kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 15, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 10 DATE OF REPORT: June 9, 2021 REPORT NO.: DSD 2021-110 SUBJECT: Minor Variance Application A2021-052 74 Chestnut Street Owner—Annette and Raymond Higgins RECOMMENDATION: That application A2021-042 requesting permission to legalize the required one off-street parking space to be located 1.41 metres from the property line abutting Mansion Street and a raised covered deck in the rear yard, having a height of 1.2 metres, to be located 0.6 metres from the southerly lot line rather than the required 1.2 metres; be APPROVED, And further, that the request for permission to construct: 1) a detached garage in the rear yard of an existing single detached dwelling to be located 1.41 metres from the property line abutting Mansion Street rather than the required 6 metres, 2) a one and two-storey addition in the rear yard of an existing single detached dwelling having a side yard abutting Mansion Street of 0.88 metres rather than the required 4.5 metres, 3) an uncovered porch having a 0 -metre setback from Mansion Street rather than the required 4.5 metres; and, 4) to allow the proposed one and two-storey addition to encroach 3.57 metres into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; be REFUSED. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The property is designated as Low Rise Conservation A in the Central Frederick Neighbourhood Plan of the City's Official Plan and identified as Community Area on the Urban Structure Map. The property is zoned Residential Five (R-5) in By-law 85-1. Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan The intent of the Low Rise Conservation A designation is to preserve the scale, use and intensity of the existing neighbourhood. The subject single detached dwelling is existing and is a permitted use in the designation. The proposed addition of living space, carport and garage continues to provide a low-rise housing option in this neighbourhood. Therefore, Planning staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law Regarding the existing off-street parking space located 1.41 metres from the lot line abutting Mansion Street rather than the required 6 metres, this is an existing situation and has not been a concern in the past. Because of the size of the rear yard, it is not possible to locate the parking space further from the Mansion Street lot line. Staff is of the opinion that this variance meets the general intent of the bylaw. Regarding the proposed raised covered deck with a height of 1.2 metres above grade, to be located 0.6 metres from the side lot line, the 1.2 metre setback is required in order to provide room for maintenance of the structure and also to provide separation from neighbouring lot lines. The proposed 0.6 metres will permit maintenance and continues to provide an adequate setback which appears unlikely to negatively impact the neighbouring property. Regarding the proposed building addition, it is noted that though staff could support a setback of 0.88 metres for the 2 -storey addition, there is a more onerous variance for the addition as it is located 3.57 metres into the required 4.57 metres DVT. Staff do not support new structures that are substantially located in DVTs. As above variances, #2 to 4, are part of the same addition, staff is unable to support them as there is concern with new structures being located in a DVT and therefore the general intent is not being maintained. Regarding the proposed garage, at 1.41 metre setback, it is noted that it is also substantially located inside a DVT. In addition, Transportation Planning staff has advised that in the future a sidewalk will be proposed for this block. This would add to safety concerns for pedestrians using the sidewalk and vehicles backing out of driveway and garage on the property and therefore does not meet the general intent of the Zoning by-law. Based on the above comments regarding the building addition and the garage, staff is of the opinion that the general intent of the Zoning By-law is not maintained. I View of existing parking area from Mansion Street (existing deck and one -storey addition to be demolished) Is the Variance Minor? As noted above, the existing off-street parking space and the proposed deck meet the general intent of the bylaw and staff considers these variances to be minor. Regarding the proposed new dwelling addition and garage, both of which would be substantially located inside the required 4.57 metres DVTs, staff are of the opinion that the variances cannot be considered minor by Planning or Transportation Planning staff. Is the Variance ADDroariate? Staff is of the opinion that the off-street parking space and the proposed deck are appropriate for the property and would not negatively impact the surrounding neighbourhood. Regarding the proposed building additions, staff is of the opinion that these variances are in two DVTs, and this would have an impact for driver's visibility and creates a safety hazard. Therefore, it is staff's opinion that the variances are not appropriate for the subject property or the neighbourhood. City Planning staff conducted a site inspection of the property May 29, 2021 View from corner of Chestnut and Mansion Streets It is noted that before the application was accepted staff advised that we could not support the variances in the DVTs. It would have been preferable to meet with the applicant and with Transportation Planning staff to determine if modifications could have been made to the proposal that staff could support, such as having no interior wall for the garage, so that it acts more as a carport across both parking spaces. Should the applicant wish to defer this application, City staff are available to meet to discuss if modifications to the proposal could be supported. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to any construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services can support a 1.41 metre parking space setback from the required 6.0 metre parking setback. However, Transportation Services cannot support the new building addition as proposed in the application, to be located within 3.57 metres of the required 4.57 metre DVT. It is our opinion that the DVT encroachment is not minor and is creating an unsafe situation. Also, Transportation Services cannot support the new garage as noted in the application, as there is an encroachment of approximately 3.16 metres into the required 4.57 metre DVT by a solid wall of the proposed garage. Engineering Comments: Engineering has no comments. Environmental Planning: No concerns. Heritage Planning: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 74 Chestnut Street is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca May 31, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S. Kitchener, ON N2G 4G7 184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S. JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting June 15, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-047 — 68 Guerin Avenue — No Concerns. 2) A 2021-048 — 93 Michener Crescent — No Concerns. 3) A 2021-049 — 279 Sheldon Avenue North — No Concerns. 4) A 2021-050 — 4 Dekay Street — No Concerns. 5) A 2021-051 — 185 Simeon Street — No Concerns. 6) A 2021-052 — 74 Chestnut Street — No Concerns. 7) A 2021-053 — 12 Blucher Street — No Concerns. 8) A 2021-054 — 74 Paddock Court (Final) — No Concerns. 9) A 2021-055 — 41 Heiman Street — No Concerns. 10) A 2021-056 — 29 Brunswick Avenue — No Concerns. 11) A 2021-057 — 269-271 Madison Avenue South — No Concerns. 12) A 2021-058 — 184 Mill Street — No Concerns. Document Number: 3679127 Page of 2 13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns. 14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: CofA(a)Kitchener. ca 2 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority June 12, 2021 Committee of Adjustment City of Kitchener Re: A 2021-052 - 74 Chestnut Street Dear Committee of Adjustment: We respect the Planning Department's goals of maintaining zoning regulations but our property is unique in its age and characteristics that warrants exceptions. Ours is a century old neighbourhood that was developed before zoning regulations came into play. Many of the buildings on Mansion Street, including our property, have minimal to no setbacks from the street property lines making compliance to setbacks and DVT regulations impossible. Example photos are attached to this letter. We took ownership of this property in May, 2020 and have since been improving the property's landscaping, upgraded the windows and front door and continue to refinish the original wood floors and trim. We hope to demolish the unattractive rear yard deck, current house extension and shed and replace them with a detached garage with carport, and a two-storey extension, with a small raised deck. The asphalt driveway will be replaced with paving bricks. Figure 2 May 2020 Figure 1 June 2021 Request for relief from the 4.57 m driveway visibility triangle Currently the driveway visibility triangles on both sides of the driveway are obstructed. The left side is obstructed by the house and porch of 127 Mansion Street. The right side is obstructed by the deck that is to be demolished. Pictures The Planner's report has stated that they cannot support the new garage as there is an encroachment of approximately 3.16 metres into the required 4.57 m DVT by a solid wall of the proposed garage. That DVT is already obstructed by the house and porch of 127 Mansion St. The wall of the garage does not worsen the visibility condition. The right side condition will be improved by the new construction with the new extension in line with the existing house. As a result, 2.1 metres of visibility to the DVT will be added. The existing right of way is 4 metres wide making a safe viewing area which is the intent of the DVT. Our property is also corner lot that has a 4 way stop at the intersection that calms automobile speeds minimizing safety risks. Page 2 Figure 3 Left Side DVT Page 3 -P" lrr Figure 4 Right Side DVT Page 4 We draw the committee's attention to similar applications for relief from DVT for were approved by the committee. Application A2020-083 - 44 Breithaupt Street saw the approval of a porch and stairs 1.52 metres above grade located within the DVT: Figure 5 44 Breithaupt St Application A2020-067 - 297 Ottawa Street South saw the approval of legalizing an existing driveway contained within the DVT. Request for relief to permit an uncovered porch that is 0.0 metres from a side yard abutting a street whereas 4.5 metres is required. The intent of this zoning law is to maintain a consistent uniform buildings site line along the street. This is consistent with neighboring buildings (127 Mansion) and is an improved condition for this property as the existing deck encroaches the right of way by 1 metres. The committee also approved similar variance for applications A2020-083 - 44 Breithaupt Street mentioned above. The condominium complex at 120 Mansion was obviously allowed the same variance when they added two storeys to the existing building that has no setback from the Mansion Street right of way. Page 5 Thanks for considering our application. We ask the committee to primarily approve the variances to allow the construction of the garage/carport. We also request that the committee consider the variances to allow the construction of building addition or approve what variance would be permitted so we could adjust our plans. Thanks, Additional Photos attached: Page 6 lo��Wi- �i ^�:\a�� , ``� *. LI D F E 73 Locust - Mansion Street Driveway - No room for sidewalk Page 9 Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: July 9, 2021 REPORT NO.: DSD -2021-137 SUBJECT: Minor Variance Application A2021-061 29 Floral Crescent Owner — Janet Vivian Applicant — Marie Ganigan RECOMMENDATION: That application A2021-061 requesting permission for an addition to have a rear yard setback of 5.0 metres whereas 7.5 metres is required, be approved subject to the following condition: 1. The Owner shall prepare a Tree Preservation/Enhancement Plan for the subject lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved and shall be submitted prior to the issuance of a Building Permit. REPORT HIGHLIGHTS: The application is requesting relief from Section 38.2.1 of Zoning By-law 85-1 to facilitate the construction of a new rear yard addition. A rear yard setback of 5.0 metres rather than the required 7.5 metres is being sought. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. r BACKGROUND: Figure 1: Location Map The property is designated as Low -Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a one -storey, single detached residential dwelling with an existing rear deck. The proposed replacement of the current rear deck with a sunroom will not significantly change the existing massing, height, or other design characteristics of the house, especially as it will not be visible from the front street line. Therefore, it is the opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 7.5 metres rear yard setback is to ensure that there is adequate amenity space on site as well as adequate separation of buildings. The proposed addition does not span across the entire rear yard and the retained portion is adequate to provide outdoor amenity space. The separation between the dwelling on the subject property and surrounding buildings will not be changed. Therefore, staff is of the opinion that the requested reduction in the rear yard setback meets the general intent of the Zoning By-law 85-1. Is the Variance Minor? The proposed variance is minor in nature. Staff is of the opinion that the requested reductions in setbacks will allow for the construction of a new sunroom that is compatible with the existing uses of the property and will not negatively impact any of the adjacent properties or surrounding neighbourhood. Appropriate rear yard access and use continues to be accommodated. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance is not expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed scale, massing, and height of the addition is compatible with the existing dwelling on the property and will not negatively impact the present character of either the subject property or the surrounding area. City Planning staff conducted a site inspection of the property on July 8, 2021. Figure 2: Photo of the Rear Yard of the Subject Property Building Comments: The Building Division has no objections to the proposed variance provided building permit for the sunroom addition is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application Environmental Planning Comments: A Tree Preservation/Enhancement Plan is required in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20th, 2021 L 1\[ [ c I I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Zhang, Tara, Technical Assistant 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: July 8, 2021 REPORT NO.: DSD -2021-135 SUBJECT: Minor Variance Application A2021-062 316 Quaiser Crt Owner — Vince and Josephine DiMartile RECOMMENDATION: That minor variance application A2021-062 requesting permission to construct a covered porch in the rear yard of an existing single detached dwelling having a rear yard setback of 5.65 metres rather than the required 7.5 metres, be approved, subject to the following conditions: 1) 2) 3) That the Owner applies for a building permit from the Building Division. That in light of the proximity of tree(s) in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any demolition, tree removal, grading or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area, and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. That condition 1 and 2 above be completed by December 1, 2021. Any request for time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions may result in this approval becoming null and void. Location Map: 316 Quaiser Crt *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Areas in the Urban Structure Map. The property is zoned Residential Three (R-3) in the By-law 85-1 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law The requested variance to reduce the rear yard setback from 7.5 metres to 5.65 metres meets the general intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide adequate amenity space in the rear yard. The reduction of 1.85 metres from the required 7.5 metres is minor, as the proposed 5.65 metre rear yard setback will continue to provide sufficient amenity space in the rear yard and separation from adjacent properties. Is the Variance Minor? The reduction of the rear yard setback is considered minor. Staff is of the opinion that the requested variance will provide adequate amenity space and will not negatively affect the adjacent properties or surrounding neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. A reduced rear yard setback and will not negatively impact the character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on July 8t", 2021 Street view of Subject Property Building Comments: The Building Division has no objections to the proposed variance provided building permit for the covered deck is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Engineering Comments: No concerns. Operations Comments: No concerns. Environmental Planning Comments: That in light of the proximity of tree(s) in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any demolition, tree removal, grading or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L l\[ [ c HEN I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: July 9, 2021 REPORT NO.: DSD -2021-133 SUBJECT: Minor Variance Application A2021-063 48 Martin Street Owner & Applicant- Ruchit Sharma RECOMMENDATION: That application A2021-063 requesting permission to convert a duplex into a triplex on a lot having an area of 313 sq.m. rather than the required 495 sq.m.; a lot width of 13.2m rather than the required 15m; a rear yard setback of 7.27m rather than the required 7.5m and, to have 2 off-street parking spaces rather than the required 3 off-street parking spaces be approved, subject to the following conditions: 1. That the owner submits a site plan application to the satisfaction of the Director of Planning. 2. That the owner provides a secured space for bicycle parking to the satisfaction of the Director of Transportation Services. REPORT HIGHLIGHTS: The applicant is requesting permission to add one residential unit by converting the existing duplex into a 3 -unit multiple dwelling. A 3 -unit multiple dwelling is a permitted use in the zone, but the applicant is seeking relief from minimum lot area, lot width and rear yard setback (Section 39.2.4), and a reduction in parking from 3 to 2 spaces (Section 6.1.2 a). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 48 Martin Street BACKGROUND: The subject property located at 48 Martin Street is designated as Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1. In 2017 the subject property received approval for minor variance application A2017-027 to convert a single detached dwelling to a duplex having a rear yard setback of 7.27 metres rather than the required 7.5 metres. The applicant is now seeking to convert the existing building into a 3 -unit multiple dwelling and is seeking relief for required parking, lot width, and lot area. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan 1. The subject property is designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan in the Official Plan. This designation aims to retain a low rise, low density residential character of the neighbourhood and the preservation of existing housing stock is encouraged. The proposal intends to add a unit by further demising the boundaries within the building. No demolition of the building or addition of Gross Floor Area (GFA) is proposed as part of this application and the proposal will retain the original building. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. Lot Width and Lot Area: The intent of the regulation that requires a minimum of 495 square metres in lot area and 15 metres in lot width is to ensure site functionality and to ensure adequate space for the dwellings. In this situation, the building is already situated on the lot and no site layout changes are proposed through this application. The provided lot width of 13.2 metres and lot area of 313 square metres can continue to provide site functionality with an additional unit and Staff is of the opinion that the provided lot area and width are sufficient. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Parking: The intent of the regulation that requires 1 space per dwelling unit (3 spaces for a 3 - unit multiple dwelling) is to ensure that there is adequate vehicle storage on site. This property is located in a Major Transit Station Area and is walking distance from Route 6 GRT bus stop on Courtland Avenue as well as both the Queen LRT station and the Kitchener Market LRT Station. Therefore, Staff is of the opinion that vehicle parking can be reduced in this location and that the provision of 2 parking spaces is adequate. The two parking spaces are provided in an attached garage. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Rear Yard Setback: The existing rear yard setback of 7.27 metres was previously approved in minor variance A2017-027 for the current duplex dwelling. The proposal to add a third unit will not add GFA or extend further into this setback. The intent of the regulation that requires 7.5 metres for rear yard setback is to ensure that adequate amenity space and building separation is provided. Staff are of the opinion that amenity space and building separation are adequate on this lot, and the slight reduction in setback meets the general intent of Zoning By-law. Is the Variance Appropriate? 3. The proposal does not add additional GFA and does not propose any changes to the existing parking area. Staff are of the opinion that the requested variances are appropriate as no physical changes to the site layout or exterior building are proposed. Is the Variance Minor? 4. The proposal represents a minor increase in density and is expected to result in very little change to the property overall. Therefore the requested variance is considered minor. City Planning staff conducted a site inspection of the property on July 2, 2021. View of Existing Duplex Dwelling (July 2, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a triplex is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the reduced parking rate for the proposed triplex, given the rationale from the applicant. As a condition of approval, the applicant is to provide an area for secured bicycle parking for the third unit that is being added. Heritage Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 48 Martin St is located within the Cedar Hill Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Cedar Hill and Schneider Creek area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Cedar Hill Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr. Environmental Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: A2017-027 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: July 9, 2021 REPORT NO.: DSD -2021-138 SUBJECT: Minor Variance Application A2021-064 34 Uxbridge Crescent Owner — Justin Mosterd and Melanie Luyten Applicant — Iain Kent, C/O Eagleview Construction RECOMMENDATION: That application A2021-064 requesting permission to allow a new attached garage with rear covered patio having a side -yard setback of 0.6 metres whereas 1.2 metres is required, and the driveway retain its existing side -yard setback of 0.0 metres where 0.6 metres is required, be approved. REPORT HIGHLIGHTS: The application is requesting relief from Section 38.2.1 of Zoning By-law 85-1 to facilitate the construction of a new attached garage with a covered patio to the rear of it. A side -yard setback of 0.6 metres rather than the required 1.2 metres is being sought. Further relief from Section 6.1.1.1 b) of Zoning By-law 85-1 is requested as the driveway presently has a side yard setback of 0.0 metres, whereas 0.6 metres is required. The applicant wishes to retain this existing condition. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The property is designated as Low -Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Zone Four (R-4) in Zoning By-law 85-1. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a one -storey, single detached residential dwelling. The proposed construction of an attached garage and rear covered patio are appropriate uses on residential properties and will not significantly change the existing massing, height, or other design characteristics of the dwelling. With respect to the second requested variance, the intent of the Official Plan is to support appropriate and functional residential properties in a manner that does not adversely impact adjacent properties by providing adequate on-site facilities to support residential uses. In this case, the supporting facility being considered is an adequately sized driveway. The 0.0 metre setback is an existing condition and does not create unacceptable conditions for the adjacent property. Due to the above reasons, planning staff is of the opinion that the requested variances are appropriate and meet the general intent of the City's Official Plan. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback is to ensure that there is adequate space provided to access the rear of a property. The 0.6 metre setback that is to result from the proposed garage will still permit an appropriate means of entry. The size, setbacks, and other design standards associated with driveways in Zoning By-law 85-1 are intended to support off-street parking facilities with adequate means of ingress and egress that do not interfere with neither surrounding properties or the normal public use of a street or lane. The 0.0 metre setback for the driveway is an existing condition that does not adversely impact either the adjacent property or the use of the street. Therefore, staff is of the opinion that the reduction in side yard setbacks being requested meets the general intent of the zoning by-law. Is the Variance Minor? The proposed variances are minor in nature, with each being only a 0.6 metre difference. Staff is of the opinion that the requested reductions in setbacks will allow for the construction of a new garage and rear covered patio that is compatible with the existing uses of the property and will not negatively impact any of the adjacent properties or surrounding neighbourhood. Appropriate rear and side yard access continue to be accommodated. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The request variances are not expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed scale, massing, and height of the garage and rear patio are compatible with the existing dwelling on the property and will not negatively impact the present character of either the subject property or the surrounding area. The second variance will allow existing conditions to be maintained. City Planning staff conducted a site inspection of the property on July 8, 2021. mom r.i � �� � - — -rte• Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Given that this is an existing condition and there will a space for a vehicle within the proposed garage, Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application Environmental Planning Comments: There are no environmental planning concerns associated with the application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Repoil Development Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: July 2011, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: June 91h, 2021 REPORT NO.: DSD -2021-118 SUBJECT: Minor Variance Application A2021-065 117 Golden Meadow Crescent Applicant — Rob Sajkunovic Owners — Aimee & Paul Tyrrell RECOMMENDATION: www.kitch ever. ca That minor variance application A2021-065 requesting relief from Section 6.1.1.1 b) i) to allow the required parking space for the single detached dwelling to be setback 1.63 metres from the street line rather than the required 6.0 metres, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 6.1.1.1 b) i) to allow the required parking space for the proposed duplex dwelling to be setback 1.63 metres from the street line rather than the required 6.0 metres. 10 Location Map: 117 Golden Meadow Crescent *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The applicant is proposing to renovate the existing garage space to living space and continue to have the use as a single detached dwelling. REPORT Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the City's Official Plan. This designation permits low density forms of housing including single and semi-detached and duplex dwellings. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. It is the opinion of staff that the requested variance to legalize the location of the one required parking space meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested variance to legalize the off-street parking space 1.63 metres from the street lot line meets the general intent of the Zoning Bylaw. The reduction of 4.37 metres from the required 6 metres is minor. The intent of the 6.0 metre required setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way and surrounding properties. The current driveway is double wide that fits 2 cars side by side. It is not anticipated that any negative impacts on the adjacent residential properties will result from the variance required therefore, the general intent of the Zoning Bylaw continues to be maintained. Application is Minor 3. The variance can be considered minor as it is the opinion of staff that the required parking space can continue to be accommodated on site in a safe manner. The reduced setback of 1.63 metres for the required parking space will not present any significant impacts to adjacent properties or the overall neighbourhood. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variance is not anticipated to impact any of the adjacent properties or the surrounding neighbourhood. City Planning staff conducted a site inspection of the property on July 5, 2021. Photo of Subject Property —117 Golden Meadow Crescent Building Comments: The Building Division has no objections to the proposed variance provided building permit for the renovations to the garage is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Services Comments: Given that this is an existing condition with no impact on the operation of the existing driveway, Transportation Services does not have any concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning has no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM —This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Proposed parking space locations —117 Golden Meadow Crescent Al i� LJ r Ir + Exams SNfa.E I FriJILY WELLM i TM:� r• Er r rxf■E+T , TANKM saw r 3L n . r n i i r121 .. Proposed parking space locations —117 Golden Meadow Crescent Al i� LJ PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L l\[ [ c I I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning) 519-741-2200 ext. 7844 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: July 12, 2021 REPORT NO.: DSD -21-131 SUBJECT: Minor Variance Application A2021-066 195 Yellow Birch Street Owner —Jeff and Judith Davenport Applicant — Rob Sajkunovic RECOMMENDATION: That application A2021-066 for permission to allow a catering service establishment as a home business accessory to an existing single detached dwelling whereas the Bylaw does not permit catering establishment as a home business; and, to permit one off-street parking space to be located 1.029 m from the front property line rather than the required 6 metres, be approved, subject to the following conditions: 1) That a Zoning (Occupancy) Certificate is obtained from the Planning division, 2) That a building permit is obtained from the Building division; and further, 3) That condition 1 and 2 be completed by January 1, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Area on the City's Urban Structure Map. The property is zoned as R-3 (Residential Three) in Zoning By-law 85-1. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated as Low Rise Residential. The intent of the designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The existing use of the property as a single detached dwelling with an accessory home business which will maintain a minimum of off-street parking space achieves this intent and therefore it is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The proposed catering business establishment is not permitted in the current By-law 85-1 but will be a permitted home busines use the new Zoning Bylaw 2019-051. The home business will not attract clients or employees to the property and meets all other regulations of the current by-law. The intent of the regulation for one legal off-street parking space to be located 6 metres from the front lot line is to ensure that parking spaces for dwellings are not all located 0 m from the front lot line which would result in vehicles dominating the streetscape. In addition, having the minimum 6 -metres setback provides for a second parking space for the occupants. The proposed parking space setback of 1.029 metres provides an adequate buffer so that the parking space does not negatively impacting the streetscape. Based on above comments, staff is of the opinion that the general intent of the Zoning By-law is met. Photo of Subject Property Is the Variance Minor? As noted above, the parking variance meets the intent of the by-law and Official Plan; as well as being supported by the City's Transportation Planning staff. Staff is of the opinion that the variances are minor. Is the Variance Appropriate? The reduced setback for the parking space maintains some separation from the front lot line. As well, the existing driveway can accommodate two cars across the width of the driveway and having both spaces 1.029 metres from the front lot line maintains what currently exists when cars are parking in front of the garage. Therefore, it is staff's opinion that the variance does not negatively impact the property or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved as outlined in the Recommendation section above. City Planning staff conducted a site inspection of the property on July 7, 2021. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the renovations to the garage to habitable area is obtained prior to any construction. Please contact the Building Division at build ing@kitchener.ca with any questions. Transportation Comments: Given that this is an existing condition with no impact on the operation of the existing driveway, Transportation Services does not have any concerns with the proposed application. Heritage Comments: No comments. Engineering Comments: No comments. Environmental Planning Comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Thompson, Lisa, Planning Technician, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: July 6, 2021 REPORT NO.: DSD -21-113 SUBJECT: Minor Variance Application A2021-067 806 Belmont Avenue West Owner - Ian Goldberg & Katrina Hanna Applicant - Ian Goldberg RECOMMENDATION: That application A2021-067 requesting permission for a deck to have a rear yard setback of 3.0 metres, rather than the required 4.0 metres be approved subject to the following condition: 1. The owner shall submit revised permit drawings to the Building Division. REPORT HIGHLIGHTS: The application is requesting relief from Section 5.6A.4(c) to allow a newly constructed deck in the rear yard of 806 Belmont Avenue West to have a rear yard setback of 3.0 metres, rather than the required 4.0 metres. The property owner obtained a building permit for the new deck, however, the contractor who built the deck inadvertently located the deck 3.0 metres from the rear lot line, rather than the required 4.0 metres. M- y �P *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map Building Permit Drawing BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Residential Three (R-3) in Zoning By-law 85-1. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The proposed variance meets the general intent of the Official Plan as the Low Rise Residential designation supports the existing single detached dwelling use on the property. General Intent of the Zoning By-law The proposed variance meets the intent of the Zoning By-law as the regulations for deck setbacks are intended to ensure that structures are built within the confines of the property without creating any negative impacts on abutting properties. In this case, the deck will maintain a 3.0 metre setback from the rear property line which will still provide adequate separation to the abutting property at the rear of the site. Is the Variance Minor? The variance is considered minor as the 3.0 metre setback will maintain adequate separation from the abutting property to the rear of the site. The deck was constructed with a permit; however, human error created the need for the variance. Is the Variance Appropriate? Staff is of the opinion that the rear yard setback of 3.0 metres for a deck is appropriate for the subject property as there will be no impact on the abutting properties. City Planning staff conducted a site inspection of the property on July 5, 2021. Streetview Image of Subject Property Building Comments: The Building Division has no objections to the proposed variance, permits have already been issued for the rear yard deck, revised drawings to be submitted to the Building Division. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 806 Belmont Ave W. is located within the Westmount East & West Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: July 9, 2021 REPORT NO.: DSD -2021-139 SUBJECT: Minor Variance Application A2021-068 71 Massey Avenue Owner— Linda Shamoun and Fadi Khoshaba Applicant — Najeb Khoshaba RECOMMENDATION: That application A2021-068 be approved REPORT HIGHLIGHTS: The application is requesting relief from Section 37.2.1 of Zoning By-law 85-1 to permit the construction of a carport. A side yard setback of 0.6 metres as opposed to the required 1.2 metres is being sought. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The property is designated as Low -Rise Residential in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Residential Three Zone (R-3) in Zoning By-law 85-1. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a one -storey, single detached residential dwelling. The proposed construction of an attached carport is an appropriate use on residential properties and will not significantly change the existing massing, height, or other design characteristics of the dwelling. Therefore, planning staff is of the opinion that the requested variance is appropriate and meets the general intent of the City's Official Plan. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback is to ensure that there is adequate space provided to access the rear of a property. The 0.6 metre setback that is to result from the proposed garage will still permit an appropriate means of entry. Therefore, staff is of the opinion that the reduction in the side yard setback being requested meets the general intent of the zoning by-law. Is the Variance Minor? The variance is minor in nature, as only a 0.6 metre difference is being sought. Staff is of the opinion that the requested reductions in setbacks will allow for the construction of a new carport that is compatible with the existing uses of the property and will not negatively impact any of the adjacent properties or surrounding neighbourhood. Appropriate rear and side yard access continue to be accommodated. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The request variance is not expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed scale, massing, and height of the carport is compatible with the existing dwelling on the property and will not negatively impact the present character of either the subject property or the surrounding area. Further, the reduced setback is necessary to allow the carport to have an appropriate width to fit a vehicle and provide enough space between the lot line and carport for maintenance.. City Planning staff conducted a site inspection of the property on July 8, 2021. Figure 2: Front Elevation of the Existing Garage Building Comments: The Building Division has no objections to the proposed variance. An application has been made for the carport and is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application Environmental Planning Comments: There are no environmental planning concerns associated with the application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: A Building Permit application is currently under review. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Dumart, Craig, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 7, 2021 REPORT NO.: DSD -2021- 128 SUBJECT: Minor Variance Application A2021-069 926 — 936 King Street East Owner — 926 King Development Inc. Applicant — MHBC Planning, Pierre Chauvin RECOMMENDATION: That minor variance application A2021-069 requesting permission to develop a 10 storey building 32 metres in height and 35 metres to mechanical penthouse rather than a maximum building height of 19.5 metres and requesting permission for a parking rate of 0.42 spaces per unit rather than 1.0 space per unit and to allow 5% visitor parking rather than 20% visitor parking be refused. REPORT HIGHLIGHTS: The applicant is requesting relief from Special Regulation 541R of the Zoning By-law to allow a multiple dwelling with a building height of 32 metres and 35 metres to the mechanical penthouse level which also contains gross floor area for the purpose of accessing the roof top amenity rather than a maximum building height of 19.5 metres, requesting relief from section 6.1 2 a) of the Zoning By-law to allow a required parking rate of 0.42 spaces per unit rather than 1.0 space per unit and relief from section 6.1.2 b) ii B) vi B) of the Zoning By-law to allow 5% visitor parking rather than the required 20% visitor parking. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 926-936 King Street East BACKGROUND: The property is designated as Mixed Use Corridor in the King Street East Secondary Plan and identified within a Major Transit Station area on the City's Urban Structure Map. The property is zoned as Medium Intensity Mixed Use Corridor Zone (MU -2) with Special Regulation Provision 541 R in Zoning By-law 85-1. REPORT: Planning Comments: Process On December 19, 2019, Planning staff met with the applicants at a pre -submission meeting to discuss a proposed Zoning By-law amendment and Site Plan for the subject lands. At the meeting staff identified that a Zoning By-law amendment is required to permit a 10 storey, 32 -metre -tall building with reduced parking requirements. Staff also identified the building should be located outside of all Corner Visibility Triangles post road widening. This was reiterated, again, with the formal site plan submission that was submitted in November 2020 but not accepted as the Zoning Bylaw amendment application was not submitted. Against staffs advice, a Minor Variance Application and Site Plan Application was submitted in June 2021. The proposed building height increase is significant, and a Zoning By-law Amendment is the appropriate process to amend the Zoning By-law rather than a Minor Variance. A Zoning By-law amendment and a Site Plan Application are typically reviewed concurrently to ensure all zoning deficiencies are considered, reviewed, justified and supported by staff. In this case, the Site Plan application has not been deemed complete by the Planning division or fully reviewed. However, based on staffs preliminary review, staff have identified additional Zoning deficiencies beyond the requested variances under consideration through this application. Additional Zonina Deficiencies Building Height Building Height is defined in Zoning By-law 85-1 as the vertical distance between the highest finished grade level at the perimeter of the building and the uppermost point of the building. Antennae, chimneys, spires, cupolas, elevator penthouses, or other similar features shall be disregarded in calculating building height. The proposed buildings penthouse includes additional building gross floor area including a washroom, corridor, stairs, elevator, and access to a roof top amenity space. A mechanical penthouse cannot include gross floor area or is counted towards to the overall building height. Based on the site plan and floor plans submitted the proposed building height is 35 metres rather than 32 metres as the 11th floor mechanical penthouse includes gross floor area. Building Setback to residentially zoned properties Special Regulation 541 R of the Zoning By-law requires a setback of 16.0 metres to residentially zoned properties plus an additional 0.6 metres for every additional metre above 13.5 metres in height. The proposed building is 32 metres in height (35 metres to the mechanical penthouse with GFA), which would require a 27.1 metre setback (28.9metres for a mechanical penthouse that includes GFA) to residentially zoned properties. Additional relief should be requested to Special Regulation 541 R for this setback. The applicant has identified the building will be located 19.25 metres to residentially zoned properties. From staff's review of the site plan, this measurement appears to be incorrect and does not include the building's upper floors (floors 2 to 10) which are proposed to cantilever above a portion of the ground floor parking. The requested 19.25 metre setback appears to be measured to the first floor. The upper floors appear to be located approximately 17 metres to residentially zoned properties. Corner Visibility Triangle The proposed building is located within two corner visibility triangles. Corner Visibility triangles are a triangular area formed within a corner lot by the intersecting street lines or the projections thereof and a straight line connecting them 7.5 metres from their point of intersection. Corner Visibility Triangles do not allow obstruction to visibility, whether from buildings, motor vehicles, landscaping or other impediments. Furthermore, staff question whether or not the number of parking spaces proposed can be appropriately accommodated on site. There may be a need to reduce the number of parking spaces on site through a detailed review of the design through such matters as shifting the building to be located outside of the Corner Visibility Triangle and providing a 1.5 metre landscape buffer around the perimeter of the surface parking lot. Four Tests In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: Official Plan The property is designated as Mixed Use Corridor in the King Street East Secondary Plan and is within a Major Transit Station Area as part of the Urban Structure. Mixed Use Corridors are intended to accommodate additional density and intensification of uses. New development shall be compatible with surrounding residential neighbourhoods and pedestrian -oriented, transit -supportive and human - scaled to positively contribute to the public realm. The King Street East Secondary Plan polices intend that the siting and design of new buildings is compatible with the existing development and particularly low rise residential uses in the interior of the neighbourhood. While staff are of the opinion that a detailed review of compatibility and impacts should be evaluated through a Zoning Bylaw Amendment and also Site Plan approval, the proposal is generally in alignment with the intent of the Official Plan. Staff are of the opinion that an Official Plan Amendment is not required for this proposal. Zoning By-law The property is zoned as Medium Intensity Mixed Use Corridor Zone (MU -2) with Special Regulation Provision 541 R in Zoning By-law 85-1. The MU -2 zone permits a maximum building height up to 24 metres for buildings that are not located adjacent to or abut residential zoned properties. Whereas Special Regulation Provision 541 R permits a maximum building height of 19.5 metres when buildings are located adjacent to or abut residential zoned properties and subject to providing a 19.6 metre building setback to residential zoned properties. The intent of Special Regulation Provision 541 R is to cap the height of buildings adjacent to residentially zoned properties to a mid -rise built form with a substantial setback to mitigate impacts. The maximum 19.5 metre building height cap and associated 19.6 metre setback requirement ensures that buildings adjacent to residentially zoned properties are built at a scale and location that is appropriate when transitioning from a mid -rise built form to a low rise residential established neighbourhood. Staff are of the opinion that increasing the building height by 12.5 metres (15.5 metres to the mechanical penthouse with GFA), from 19.5 metres to 32 metres in height (35 metres to the mechanical penthouse), does not meet the intent of Special Regulation 541 R nor does the requested height increase comply with the required building setbacks to residentially zoned properties and therefore does not meet the intent of the Zoning By-law. Based on the information presented regarding parking justification, staff do not have the information necessary to conclude that the proposed variances for parking meet the intent of the Zoning By-law. The intent of the by-law is to ensure sufficient on-site parking for residents and visitors. The applicant has requested relief from the Zoning By-law to allow parking at a rate of 0.42 spaces per unit rather than the required parking rate of 1.0 space per unit and requested to permit a required visitor parking rate of 5% rather than the required 20%. A Traffic Impact Study was prepared by the applicant and reviewed by Transportation staff who do not fully support the reduced parking rates, at this time, as further detailed in their comments. Additionally, the detailed review of the site plan may lead to fewer parking stalls through design considerations such as amenity, adequate landscaped buffer adjacent to the low rise residential properties to allow for tree planting/tree management, the location of garbage/recycling facilities; and grading and servicing. Is the Variance Minor? The requested variance to increase the maximum building height by 12.5 metres (15.5 metres to the mechanical penthouse with GFA), from the permitted maximum building height of 19.5 metres to 32 metres (35 metres to the mechanical penthouse with GFA) is not considered minor. The request to increase the building height by 164% (179% including the mechanical penthouse with GFA) is substantial. The building height increase should be evaluated, reviewed, and justified through a Zoning By-law amendment. Transportation staff do not have adequate information to determine if the requested parking variances can be considered minor, at this time. Is the Variance Appropriate? The requested variance to increase the building height through a minor variance application is not the appropriate avenue to evaluate the building height increase. A building height increase of this nature should be evaluated through a Zoning By-law Amendment where staff can fully review the application, formally engage with the public and fully review the appropriateness of the development. Any parking relief sought should be addressed through the same Zoning Bylaw amendment for fulsome evaluation and engagement on the proposal. As Transportation staff noted, the appropriateness of the request cannot be confirmed at this time. Planning Conclusion In conclusion the variances cannot be considered minor for the development and use of the lands. Staff are of the opinion that the proposal does not meet the general intent of the Zoning By-law and the building height request is not considered minor. A Zoning By-law Amendment is the appropriate avenue to evaluate the appropriateness of the relief requested in a fulsome manner with any other relief of zoning regulations. A minor variance is required to pass all four tests. In staff's opinion, this request fails two of four tests. Planning staff recommends that this application be refused. City Planning staff conducted a site inspection of the property on June 30, 2021. Subject Lands at 926-936 King Street East Building Comments: The Building Division has no objections to the proposed variances Transportation Services Comments: Transportation Services cannot support this requested variance for providing parking at a rate of 0.42 spaces per unit at this time. Given the increase in the number of units for the development, as well as a further reduced parking rate from the original concept site plan that was submitted for a pre -submission consultation in September 2019, more information is required than what was provided in section 3.1.1 in the Traffic Impact Study submitted with this application (completed by Paradigm). The applicant will need to submit a more detailed Parking Justification section (as an addendum to the Traffic Impact Study) to Transportation Planning staff for review. The addendum must specifically outline how the applicant intends to justify their request for reduced parking on the site for staffs consideration (i.e. what mitigation measures are proposed and how many measures are proposed). As this site falls under Zoning By-law 85-1, use of the TDM Checklist is recommended for the justification. Also note that as a condition of approval for a minor variance, an agreement on title will be required that outlines the measures that are being provided to justify the requested reduction in parking. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: Environmental concerns will be addressed through a Site Plan Application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority From: To: Cc: Committee of Adiustment (SM) Subject: [EXTERNAL] 926-936 King St E - Committee of Adjustment -A 2021-069 Date: Saturday, July 3, 20219:38:06 PM Hi= Being the old-fashioned sort that I am at times, I was reading the latest Committee of Adjustment announcement in my paper copy of The Record this week. I noticed that there is an application for 926-936 King St E (between Dane and Borden). The application number is A 2021-069. It proposes what seem to me to be fairly significant modifications —10 storeys instead of 5 or 6, as well as the parking requirement reductions. The merits of those changes can be debated, but it seems like something that should be decided by council, not some committee meeting at 10 am on a Tuesday in July. Is there a more public process that has or will go one related to this application. For the record, I am happy to have development on the site, and actually quite like reducing parking requirements, especially since that project is within sight of the Ion station at Borden and Charles. Ten storeys seems like quite the steep transition for the houses behind it, though. I thought the Master Plan idea of unlimited height between King and Borden, but 6 stories or so on the "north" side of King makes a lot of sense. Also, if there is to be some horse -trading or "bonusing" to happen here, can we advocate for a reasonable number of three-bedroom units amenable to families? The site is just down Borden from Sheppard school and Knollwood Park, and the neighbourhood between King and Weber has a mix of ages, including many school -aged families. Committee of Adjustment staff: If possible, please enter my email above as remarks to the committee members. If that is not possible, please register me to speak at the meeting. Thank you, M Kristen Hilborn From: Sent: Thursday, July 15, 2021 3:53 PM To: Committee of Adjustment (SM) Subject: [EXTERNAL] Committee of Adjustment / Comments Regarding Application: A 2021-069 Attachments: house.high-rise sketch.png Contact Information: Regarding Application: A 2021-069 to be heard July 20, 2021 My name is My husband -and I live at . Our home is to 926 King St ast. I am writing to express our concerns regarding Application A 2021-069 in which the developer is seeking permission to construct a multi -residential mixed-use building at 926-936 King Street East with a height of 32m for the building, 35m for the penthouse, rather than the maximum building height of 19.5m which is the current zoning. As longtime residents of Dane Street, we recognize and appreciate the need for development and revitalization in the King East neighbourhood. We were excited when the developer invited us to an information session in April to share their plans for an apartment complex at the above-mentioned lots. However, when we saw the rendering of the proposed 10 - story building, we were taken aback.The proposed building is imposing and jarring in relation to our house and the neighbourhood. At nearly twice the City's current maximum height allowance, it is excessive and out of place. We reached out to the City's planning department to confirm what the current zoning was and received the following note from a senior planner: << The property is currently zoned MU -2, 541R. While the MU -2 zoning stipulates a maximum building height of 24 metres (approx. 8 storeys), Special Regulation Provision 541R states the following: Notwithstanding Section 54.2 of this By-law, within the lands zoned MU -2 as shown as affected by this subsection on Schedules 120, 142, 143 and 174 of Appendix "A", the following special regulations shall apply: a) the maximum building height shall be 7.5 metres within 16.0 metres of residentially zoned properties; b) the maximum building height may be increased to 13.5 metres, provided that a minimum setback of 16.0 metres from residentially zoned properties is provided, and c) the maximum building height shall be 13.5 metres, however, the building height may be increased to a maximum of 19.5 metres provided that for each additional metre of building height beyond 13.5 metres a minimum of 0.6 metres of additional setback from residentially zoned properties is provided. In this regard, the absolute maximum building height would be 19.5 metres (about 6 storeys). Any request to go higher would require planning approvals (e.g., minor variance or zoning by-law amendment), which would involve a public process.>> A structure of the scale and type proposed by the developer is insensitive and inharmonious with the overall character and aesthetics of the neighbourhood. The prospect of a building being constructed next to our home, at almost twice the height of current zoning bylaws, is extremely concerning to us. We are devastated by the negative impact it will have on our privacy, our view, and access to sky, our light and access to sunlight (three of our windows face 926 King St East, including our kitchen window, which is considered one of the most important windows in a house). Given the developer is seeking an allowance to nearly double the maximum zoning height, disregarding proximity to and impact on the rest of the neighbourhood, this particular application displays a gross indifference towards the residents of the neighbourhood and towards municipal zoning bylaws that go to considerable lengths to minimize the impact of shadows and loss of privacy on adjacent land -- bylaws that residents of a city rely on to ensure that light, view, and privacy can be enjoyed by everyone. For the reasons stated above my husband and I are strongly opposed to the minor variances requested by the owner of 926-936 King Street East in Application A 2021-069. Please let us know if there is any further information we can provide. Thank you so much for your consideration. Sincerely, 7 m 11 - 51" I rr f--rvnin OW hvu5 Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L l\[ [ c HEN I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: July 9, 2021 REPORT NO.: DSD -2021-134 SUBJECT: Minor Variance Application A2021-070 124 Walter Street Owner — Joel Westberg Applicant- Mackenzie Carroll (Gerrard's Design & Drafting Inc.) RECOMMENDATION: That application A2021-070 requesting permission to construct an addition in the rear yard of an existing single detached dwelling to convert the dwelling into a duplex having a westerly side yard of 0.8m rather than the required 1.2m; and, a rear yard setback of 3.07m rather than the required 7.5m be approved, subject to the following condition: 1. That elevation drawings be submitted to the satisfaction of the Director of Planning, illustrating that the proposed addition will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to the issuance of any building permit. REPORT HIGHLIGHTS: The applicant is requesting permission to construct a rear yard addition that would add one residential unit by converting the existing single detached dwelling into a duplex dwelling. A duplex is a permitted use in the zone, but the applicant is seeking relief from minimum side yard and rear yard setback (Section 40.2.2). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 124 Walter Street BACKGROUND: The subject property located at 124 Walter Street Street is designated as Low Rise Multiple Residential in the KW Hospital Secondary Plan in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Residential Six Zone (R-6) in Zoning By-law 85-1. In 2002 the subject property was severed from lands fronting King Street to create the 6 parcels shown on the above location map in application B2002-048. The subject property also received a minor variance when the parcel was created in application A2002-070 to reduce the side yard setback from 1.2 metres to 0.8 metres. The applicant is now seeking to convert the existing single detached dwelling into a duplex dwelling and is seeking relief for rear yard and side yard setback. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan 1. The subject property is designated Low Rise Multiple Dwelling in the KW Hospital Secondary Plan in the Official Plan. This designation aims to provide for a range of housing opportunities while retaining and enhancing the low profile of the residential streetscape. The proposal intends to offer an additional dwelling unit while keeping with the low profile of the streetscape. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. Rear Yard Setback: The intent of the regulation that requires 7.5 metres for rear yard setback is to ensure that adequate amenity space and building separation is provided. In terms of amenity space, the applicant is intending provide balcony space within the addition to serve as passive outdoor amenity space. Active outdoor amenity space is available directly across the street from the subject site with the existing park space. In terms of building separation, the subject site backs onto an 18 storey residential tower currently under construction. The 18 storey tower is located 17 metres from the rear property line. Staff are of the opinion that adequate building separation is provided. Therefore, staff are of the opinion that the requested variance for reduction in rear yard setback meets the general intent of Zoning By-law. Side Yard Setback: The existing side yard setback of 0.8 metres was previously approved in minor variance A2002-070 for the current single detached dwelling. The applicant is keeping the building addition in line with the current building and it will not extend further towards the side property line than the existing building. The intent of the side yard setback is to provide access to the rear yard and adequate building separation. Access to the rear yard is maintained with the 0.8 metre setback and is also provided on the east side of the property with a 1.25 metre setback. As all of the 6 lots created in 2002 have reduced side yards, the building separation was planned and approved as part of the buildings original construction and is maintained with this proposal. Therefore, staff is of the opinion that access and building separation are adequate and therefore the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The proposal involves a rear yard addition that is not expected to have impacts to the streetscape. The side yard setback represents and existing condition and is not expected to have adverse impacts to neighbouring properties. Therefore, Staff are of the opinion that the requested variances are appropriate. Is the Variance Minor? 4. A duplex dwelling is a permitted use in the zone and reductions in setbacks are not expected to cause adverse impacts to the surrounding neighbourhood. Therefore, the requested variance is considered minor. City Planning staff conducted a site inspection of the property on July 2, 2021. View of Existing Single Detached Dwelling (July 2, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a duplex is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. As an advisory note, if the applicant / homeowner wishes to widen the driveway and is seeking a curb cut, they will need to go through the curb cut permit approval process via the Planning Division. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: B2002-048 A2002-070 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: July 9, 2021 REPORT NO.: DSD -2021-140 SUBJECT: Minor Variance Application A2021-071 19 Anson Court Owner — Emile McLean and Julie McLean Applicant — Darryl Szusz, C/O Hickory Dickory Decks RECOMMENDATION: That application A2021-071 requesting permission for a deck to have a rear yard setback of 4.5 metres whereas 7.5 metres is required be approved. REPORT HIGHLIGHTS: The application is requesting relief from Section 38.2.1 of Zoning By-law 85-1 to facilitate the construction of a new backyard deck. The proposed deck is subject to this setback in accordance with Section 5.6A.4 of Zoning By-law 85-1. A rear yard setback of 4.5 metres rather than the required 7.5 metres is being sought. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The property is designated as Low -Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as a Residential Four Zone (R-4) in Zoning By-law 85-1 The applicant is proposing to demolish the existing rear deck and replace it with a new deck. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a two-storey, single detached residential dwelling with an existing rear deck. The proposed replacement of the current rear deck will not significantly change the existing massing, height, or other design characteristics of the house, especially as it will not be visible from the front street line. Therefore, it is the opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 7.5 metres rear yard setback is to ensure that there is adequate amenity space on site as well as adequate separation of buildings. The proposed deck does not span across the entire rear yard and the retained portion is adequate to provide outdoor amenity space. The separation between the dwelling on the subject property and surrounding buildings will not be changed. Therefore, staff is of the opinion that the requested reduction in the rear yard setback meets the general intent of the Zoning By-law 85-1. Is the Variance Minor? The proposed variance is minor in nature. Staff is of the opinion that the requested reduction in the setback will allow for the construction of a new deck that is compatible with the existing uses of the property and will not negatively impact any of the adjacent properties or surrounding neighbourhood. Appropriate rear yard access and use continues to be accommodated. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance is not expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed scale, massing, and height of the deck is compatible with the existing dwelling on the property and will not negatively impact the present character of either the subject property or the surrounding area. City Planning staff conducted a site inspection of the property on July 8, 2021. N Figure 2: Rear Yard of the Subject Property Facing the Eastern Side Lot Line Building Comments: The Building Division has no objections to the proposed variance provided building permit for the covered deck is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application Environmental Planning Comments: There are no environmental planning concerns associated with the application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: July 9, 2021 REPORT NO.: DSD -2021-141 SUBJECT: Minor Variance Application A2021-072 53 Plaza Court Owner — Manfred Hager and Susan Hager Applicant — Garret Pieffers, C/O AKP Structures Inc. RECOMMENDATION: That application A2021-072 requesting permission for an accessory structure to have a soffit height of 3.66 metres where 3.0 metres is permitted, be approved. REPORT HIGHLIGHTS: The application is requesting relief from Section 5.5.2 b) of Zoning By-law 85-1 to permit the development of an accessory structure in the rear yard. The proposed accessory structure is to have a soffit height of 3.66 metres whereas 3 metres is permitted. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The property is designated as Low -Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Three Zone (R-3) in Zoning By-law 85-1. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The intent of the Low -Rise Residential designation in the City Official Plan is to permit a variety of low- density residential uses. Within this designation, there are regulations to ensure that accessory structures do not create visual encroachment issues, shadow impacts, or privacy issues for adjacent properties. Emphasis is also placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a two-storey, single detached residential dwelling. Sufficient setbacks and separation distances from the proposed accessory structure to adjacent properties and buildings will be maintained. Further, the proposed accessory structure will not be visible from the street front. Therefore, it is the opinion of Staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of this regulation is to ensure accessory structures are subordinate in terms of height and scale to the principle dwelling. The requested minor variance to permit an accessory structure to have a soffit height of 3.66 metres rather than the required maximum of 3 metres meets the general intent of Zoning By-law 85-1. Due to the large size of the property's rear yard, as well as the setbacks from the existing neighbouring property, the increase in height will be negligible in the context of the area. Is the Variance Minor? The proposed increase in accessory structure soffit height is minor, as it represents only a 0.66 metre difference. This increase will not create unacceptable impacts on either the subject property or adjacent properties and is consistent with the character of the neighbourhood. The variance in height is also not visible from the street. Therefore, Staff is off the opinion that the requested minor variance is minor. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance in building soffit height will not impact any of the adjacent properties or the surrounding area. Apart from soffit height relief, the dwelling complies fully with the Zoning By-law. Planning Staff is of the opinion that the variance is appropriate. City Planning staff conducted a site inspection of the property on July 8, 2021. Figure 2: The Rear Yard of the Subject Property Building Comments: The Building Division has no objections to the proposed variance. An application has been made for the detached accessory structure and is currently under review Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application Environmental Planning Comments: There are no environmental planning concerns associated with the application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: A Building Permit application is currently under review. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 2011, 2021 L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: July 911, 2021 REPORT NO.: DSD -2021-119 SUBJECT: Minor Variance Application A2021-073 538 Victoria Street South Applicant & Owner — Tim MacKay RECOMMENDATION: That application A2021-036 requesting permission to allow a front yard covered porch addition to have a front yard setback of 8.09 metres whereas a minimum setback of 9.49 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow a front yard covered porch addition to have a front yard setback of 8.09 metres rather than the required minimum front yard setback of 9.49 metres as identified for lands identified on Appendix `H'. Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4), with Special Provision 263U in Zoning By- law 85-1. The applicant is proposing to rebuild a front yard porch on to the existing single detached dwelling and can no longer meet the requirements of Section 38.2.1 of the Zoning By-law. The applicant is requesting to make the new porch slightly larger that what was existing on site. The property is a corner lot and although the driveway access is along Alice Avenue, the front yard is along Victoria Street South. The property is identified on Appendix `H' which is the RIENS area. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City's Official Plan. This designation places emphasis on compatibility of building form with respect to massing, scale, and design to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets, and exterior areas. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 9.49 metre front yard setback is to ensure there is adequate separation from the front lot line, and to establish a consistent built form along the street edge. The subject property is located within the Residential Intensification in Established Neighbourhoods Study (RIENS) area and follows a specific calculation to determine the required front yard setback for each property. The RIENS front yard setback calculation is taken by averaging out the adjacent dwellings front yard setback. This property is a corner lot and the adjacent front yard setback is the neighbouring property on Forest Hill Dr. The neighbouring property has a front yard setback of approximately 10.49 metres. As a result, the minimum front yard setback required is 9.49 metres. The proposed setback of 8.09 metres will continue to provide adequate separation from the front lot line and will not impact the street edge along Victoria Street South. It should also be noted that there is no addition being proposed towards Alice Avenue, which results in a consistent street edge along the side yard abutting a street. Furthermore, the applicant is replacing what was an existing uncovered porch. The porch that existed was only slightly more setback then what is being proposed. Staff is of the opinion that the reduction in the front yard setback continues to meet the general intent of the Zoning By- law. Is the Variance Minor? The variances can be considered minor as it is the opinion of staff that the front yard setback continues to accommodate the appropriate built form along the street edge. The setback of 8.09 metres for the front yard will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition will not negatively impact the existing character of the subject property or surrounding neighbourhood and it maintains a consistent street edge. City Planning staff conducted a site inspection of the property on July 5t", 2021. Photo of Subject Property (Front view) Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the covered front porch and is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No Heritage planning concerns. Environmental Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. 0 L4 n� r� Fir -34?`t ro IQ cx)Ln.> l;ri l * t Ir S! M PC Wx. Eft ham_ 17 06-3 s,-aEw z 341.57 Concept Layout — 538 Victoria Street South 10 71 }42 10 f +.. S f 4 7 7 f � J, Fir -34?`t ro IQ cx)Ln.> l;ri l * t Ir S! M PC Wx. Eft ham_ 17 06-3 s,-aEw z 341.57 Concept Layout — 538 Victoria Street South PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 2011, 2021 L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: June 91h, 2021 REPORT NO.: DSD -2021-120 SUBJECT: Minor Variance Application A2021-074 42 Florence Avenue Owner— Davij Chaudhry Applicant — Mackenzie Streutker, Van Harten Surveying RECOMMENDATION: That application A2021-074 requesting permission to allow a semi detached dwelling to have a lot width of 13.6 metres whereas 15 metres is required, resulting in each of the semi- detached dwellings to have a lot width of 6.8 metres whereas 7.5 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 38.2.2 of the Zoning By-law to permit a semi-detached dwelling with a lot width of 13.6 metres rather than the required 15 metres. This will result in each of the semi-detached dwellings having a lot width of 6.8 metres whereas 7.5 metres is required. A Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The applicant is proposing to demolish the existing single detached dwelling and build a purpose built, semi-detached dwelling on the property. The applicant will be applying for a severance application later to sever the property once the foundation of the structure is created. The applicant has had detailed discussions with City staff on alterations to the initial proposal, such as removing the proposed attached garages from the front of the property, and providing adequate separation from the front property line to keep it in line with the existing adjacent dwellings. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City's Official Plan. This designation places emphasis on compatibility of building form with respect to massing, scale, and design to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets, and exterior areas. It is the opinion of staff that the requested variances are appropriate and continue to meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 15 metres lot width is to ensure adequate space for a semi-detached dwelling to be constructed, and provide adequate street facing built form presence along the streetscape. It is an existing lot and the reduction in lot width to 13.6 metres will be negligible and will not negatively affect the construction of the dwellings. Staff is of the opinion that the reduction in the lot width and side yard setbacks meet the general intent of the Zoning By-law. Is the Variance Minor? The variances can be considered minor as it is the opinion of staff that the reduction in lot width from 15 metres to 13.6 metres is small in nature for the context of the development. Both semi-detached dwellings will have the same proposed lot widths of 6.8 metres, and both will comply with t all other setbacks required. Staff is off the opinion that the reduced lot widths will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition is in keeping with the existing character of the subject property or surrounding neighbourhood. Therefore, the variances are appropriate for the development and use of the land. City Planning staff conducted a site inspection of the property on July 5t", 2021 Photo of Subject Property Building Comments: The Building Division has no objections to the proposed variance provided building permits for the demolition of the existing building and new semi-detached dwelling are obtained prior to construction. Please contact the Building Division at build ing@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with this application. Environmental Comments: Environmental Planning has no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. I ZOiNC ; RE P=1;:T I 1 4i �. FI. -IAL PLA-: LC I , I � F � I I � I LOT '141 BUILDING 3J ILI is _I — — ET-EL(,PE E`,':EL",-E c�J CONCEPTUAL w )N) EVDI AL + DweELLING U,.%ELLI�,v -It AREA=1Z6,431T AREf=126.4n1 F11M 2256,7 '70 14 (L T)— PAI AMYL 1,20 1.2-, D A4 I L UNIT 1 IY AREr7— , `L 303 s .m. eY I Concept Layout — 42 Florence Avenue PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority - - - --- - `e-2� ir RECEIVED CITY OF KI 1 s oNER Planning Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L l\[ [ c HEN I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: July 9, 2021 REPORT NO.: DSD -2021-136 SUBJECT: Minor Variance Application A2021-075 10 Pearson Street Owner— PDCP Block 9 Industrial Limited Partnership Applicant- Heather Price (GSP Group Inc.) RECOMMENDATION: That application A2021-075 requesting permission to construct an industrial building having a front yard setback of 3.1m rather than the required 6m; a minimum parking rate for manufacturing use of 1 off-street parking space per 140 sq.m of Gross Floor Area (GFA) rather than the required 1 off-street parking spaces per 90 sq.m of GFA; and, a minimum parking rate for office use at 1 off-street parking space per 45 sq.m of GFA rather than the required 1 off-street parking space per 33 sq.m of GFA be approved. REPORT HIGHLIGHTS: The applicant is requesting permission to construct an industrial building with reductions in front yard setback (Table 10-2 of Section 10 in ZBL 19-051) and parking rates for manufacturing and office (Table 5-5 of Section 15 in ZBL 19-051). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 10 Pearson Street BACKGROUND: The subject property located at 10 Pearson Street is designated as General Industrial Employment in the City's Official Plan and identified as an Industrial Employment Area on the City's Urban Structure Map. The property is zoned as General Industrial Employment (EMP -2) with site specific provision 105 in Zoning By-law 19-051. In 2013 the subject property was part of draft approved industrial subdivision 30T-13202 (Block 9). In July 2020, the subdivision was registered as Plan 58M-656 and the subject parcel was created as 10 Pearson Street. PDCP Industrial Block 9 Limited Partnership has submitted a Site Plan application (SP21/050/P/ES) to construct a roughly 5,500 square metre industrial building that is currently under review. REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan 1. The subject property is designated General Industrial Employment in the Official Plan. This designation aims to provide a broad range of industrial uses. The proposed building intends to offer a mix of warehousing, manufacturing, and associated offices. The request for reduction in front yard setback and parking rates does not interfere with the intent of the General Industrial Employment land use designation. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. Front Yard Setback: The intent of the regulation that requires a minimum of 6 metre front yard setback is to ensure that there is adequate building separation from the streetscape. The subject property is within a newly created subdivision that includes a boulevard space between the property line and the travelled portion of the road. The building will be over 6 metres back from the travelled portion of the road, and Staff is of the opinion that adequate building separation from the road can be met. Therefore, staff are of the opinion that the requested variance for reduction in front yard setback meets the general intent of Zoning By-law. Parking Rate: The intent of the parking rates within the Zoning By-law are to provide adequate storage for motor vehicles on site. The parking rates within the Zoning By-law attempt to capture a typical manufacturing/office/warehouse operation based on parking spaces per square metre of gross floor area (GFA). Staff acknowledge that the amount of parking required for these uses can vary greatly depending on the size of the product being manufactured/warehoused, the production methods, and equipment required. Adjustments to these rates is sometimes necessary to capture a more accurate picture of the parking demands for a property. Reduction in parking for motor vehicles can also be justified in providing alternative means for transportation. Staff notes that the applicant is providing Class A (indoor/secured) bicycle parking and shower/change facilities to provide options for alternative modes of transportation to the site. Staff also note that the subject site is serviced by the nearby GRT Route 26 that provides another alternative mode of transportation to the site. Staff is of the opinion that the parking rates requested by the applicant are adequate to provide storage for motor vehicles to the site. Therefore, staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The requested variances are expected to contribute to a functional industrial site with appropriate parking capacity and building separation from the street. Therefore, Staff are of the opinion that the requested variances are appropriate. Is the Variance Minor? 4. The requested reduction in front yard setback is not expected to cause adverse impacts to the surrounding neighbourhood. The requested reduction in parking represents a slight decrease in overall motor vehicle parking on site. Therefore the requested variances are considered minor. City Planning staff conducted a site inspection of the property on July 2, 2021. View of Vacant Site (July 2, 2021) Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services can support the proposed reduction in parking for the site given the justification provided in the attached cover letter. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: None. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L l\[ [ c I I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning) 519-741-2200 ext. 7844 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: July 12, 2021 REPORT NO.: DSD -21-130 SUBJECT: Minor Variance Application A2021-076 61 Strange Street Owner — 2771774 Ontario Inc Applicant— Mike Schneider (officer and director) RECOMMENDATION: That application A2021-076 for permission to convert the attached garage on an existing duplex dwelling to create a 3 -unit multiple dwelling which has two legal off-street parking spaces rather than the required three parking spaces; to permit the required parking spaces to be located between the fagade and the front lot line; and, to have a northerly side yard of 1.02 metres rather than the required 1.2 metres, be approved, subject to the following conditions: 1) That Site Plan (Stamp Plan B) approval be obtained from the Planning Division (which will include secure bicycle parking and ensuring that the hard surface parking area does not exceed two -cars wide and any additional hard surface to be removed and replaced with landscaping or other material as approved in the Site Plan); 2) That a Zoning (Occupancy) Certificate be obtained from the Planning Division, 3) That a building permit is obtained from the Building Division; and further, 4) That conditions 1 to 3 be completed by January 1, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: As noted above, the application is requesting permission to convert an existing attached garage into a third dwelling unit. Staff note that the original advertisement for the application was on July 2 and it was recognized after this date that the variances were noted incorrectly and needed to be readvertised. The required advertisement was published on July 5 and recirculation of the notice of hearing was completed. The correct variances are noted in the Recommendation section above. The property is designated as Low Rise Residential in the City's Official Plan and identified as Major Transit Station Area on the City's Urban Structure Map. The property is zoned as R-5 (Residential Five) in Zoning By-law 85-1 REPORT: Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The intent of the Low Rise Residential designation is to maintain the overall low density, low rise residential character of the neighbourhood while also encouraging and supporting the mixing and integration of different forms of housing. The designation permits low-rise multiple dwellings. In addition, the policies of the Residential section of the Official Plan support the integration of different housing types, specifically multiple residential development through redevelopment provided it is a compatible with the neighbourhood in terms of massing, scale and design. As well as ensuring that adequate and appropriate parking areas are provided on the property. The side yard setback variance acknowledges an existing building and the redevelopment of the building into a third dwelling unit maintains the intent for low-rise, low intensity redevelopment. Regarding the parking variance for two instead of three spaces, as noted below in the `Intent of Zoning By-law' section, though two spaces are requested, there is actually a third (and fourth) space available in tandem in the existing driveway which will meet the future Zoning By-law regulations and staff are of the opinion that they currently meet the intent of the Official Plan. Regarding the variance to locate parking spaces between the fagade and the front lot line, the Official Plan policies note that all parking facilities are to be designed to be `aesthetically accessible parking area which blend into the general environment of the area'. Provided the parking area is reconstructed to be no more than two spaces wide, as noted in the `Is the Variance Appropriate' section below, staff are of the opinion that the general intent and objectives of the policies are met. General Intent of the Zonina By-law The intent of the side yard setback is to maintain sufficient separation from neighbouring properties and to ensure access to the rear yard is maintained. By legalizing the building setback of 1.02 metres, staff acknowledge that this is an existing building which has a legal side yard setback for a duplex. By legalizing the same setback for the 3 -unit multiple dwelling, it is acknowledging what already exists and will be maintained. There is sufficient side yard existing to access the rear yard and provide separation from the abutting property. The intent of prohibiting parking between the fagade of the building and the front lot line is to ensure that parking areas for multiple dwellings do not dominate the streetscape. In this case, it is not possible to access the side or rear of the building for parking as the parking area is already established for a duplex use in front of the attached garage. As noted in the sketch below of the parking area, the two requested parking spaces are located set back from the fagade of the existing duplex but they are located in front of the fagade of the garage to that is to be converted to a third dwelling unit. As the parking area is existing and the two spaces are setback from the fagade closest to the street, staff are of the opinion that the intent to not dominate the streetscape with parking is met. The general intent of required three parking spaces for a 3 -unit multiple dwelling is to ensure that there is sufficient parking for all the dwelling units. The property is located near multiple bus routes and is within less than 400 metres walking distance of an LRT station. Transportation Planning staff are in support of this variance as sufficient public transportation is within walking range of the property. As well, Transportation Planning staff are requesting that secure bicycle parking be provided, and this can be accommodated in the Site Plan approval that is required for a multiple dwelling. In addition, it is noted that there exists in the driveway a third (and fourth) parking space which are in tandem. It is noted that in the future, the new Zoning By-law 2019-051, will permit two parking spaces for a triplex to be in tandem, provided two of the spaces are set back a minimum of 6 metres which is the case for this proposed variance. Staff have been advised that the floor area of the three units are: 98.1 square metres, 88.3 square metres and the converted garage is to have an area of 48.9 square metres. Smaller units, such as the converted garage area, tend to attract tenants without vehicles. Based on above comments, combined with a condition for Site Plan approval to denote where the approve parking is located and to ensure bicycle parking spaces are provided, staff are of the opinion that the variances meet the intent of the Zoning By-law. Is the Variance Minor? The existing building is proposed to be converted from a duplex to a 3 -unit multiple dwelling with sufficient parking and setback as noted above. Staff are satisfied that the variance are minor as no expansion is proposed to the existing buildings and the parking area along the front lot line will be addressed through Site Plan approval to limit the width to two cars wide; as well as ensure secure bicycle parking. Is the Variance Appropriate? As shown in the photo below; and the drawing submitted with the application (also below), the current paved area permits three vehicles to park across the property at the front lot line. For a multiple dwelling this is not appropriate as the parking area would not blend in with the low rise character of the streetscape; nor is it aesthetically pleasing. It is noted that Site Plan approval (Stamp Plan B) will be required for the multiple dwelling and with it, staff are requesting that the parking area be reconstructed to have a maximum driveway width be no more than two cars wide. As well as ensuring bicycle parking on site. Photo of Subject Property 3.0£i.65N � --------- L—___—_ — I Z p w j Fra 2 8.45 I M 7.30 SETBACK s' --------1'f I L-. M I I I _ - - - - 4 - _ -'__ J _ I -----`SAa— _—_^—�---- ---- �saaie� l - Plan submitted with application LU W Based on the foregoing, Planning staff recommends that this application be approved as outlined in the Recommendation section above. City Planning staff conducted a site inspection of the property on July 5, 2021. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the change of use of the garage to an additional dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the reduced parking rate for the proposed triplex, given the rationale from the applicant as well as the site's location to higher order transit. As a condition of approval, the applicant is to provide an area for secured bicycle parking for the third unit that is being added. Heritage Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 61 Strange St is located within the Warehouse District CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Engineering Comments: No concerns. Operations Comments: No comments. Environmental Planning Comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. CONSULT — Staff have emailed and spoken with a resident. Staff advised that the lot area variance is met as a minimum of 495 square metres is required for each `multiple dwelling' building (containing three units combined). The subject lot area is 561 square metres. Regarding the resident's concerns about parking, staff are of the opinion that the concerns have been addressed in this staff report. Lastly, staff have commented on the question of the status of the current use as duplex (see below). PREVIOUS REPORTS/AUTHORITIES: Building Permit application #20-129238 was issued March 20, 2021, for `interior alterations to the basement and main floor a duplex dwelling. Attached garage renovation to convert to unheated storage space'. Region of Waterloo July 05, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) Revised A 2021-076 — 61 Strange Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(a)Kitchener. ca Document Number: 3719913 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority City of Kitchener Committee of Adjustment RE: A 2021-076-61 (61 Strange St) We are writing to express concerns with the subject application. We are not opposed to a 3 -unit Multiple Dwelling at this property but want to draw the Committee's attention to a number of issues as follows: a) We would request that the City Planning staff ensure Official Plan sections 15.D.3.3. and 15.D.3.4, specifically with regard to on-site parking requirements, and the design and physical character of the existing attached garage (proposed to be converted), be followed. Does the Application/proposal maintain the intent and purpose of the Official Plan in this regard? Information is unknown and we believe that the property owners shall demonstrate their' commitment of "returning the property to its former glory'. The City holds Urban Design in high regard, and such should be upheld as part of any approval. b) The intent of Section 6.1.1.1 d) i) of the Zoning By-law is to ensure that the required parking spaces are located at the rear of a property (behind the dwelling) in a manner so as to maintain the residential character of the street. This implements the City's Official Plan (Section 13.C.8.4. f)), which seeks to achieve aesthetically acceptable parking areas which blend into the general environment of the area. Section 6.1.1.1 d) i) prohibits front yard parking, and goes on to say "In no case shall any parking be located within the minimum front yard or minimum side yard abutting a street or within 3.0 metres of the street line." We've seen former single -detached dwelling properties be converted in the area with formalized parking at the rear of the property as per the above requirements. If such can't be accommodated on this site, then relief from the minimum parking space requirements could be considered (reduced to 2, maximum) together with: a physical reduction to the existing hard - surfaced parking area (which comprises nearly half of the entire frontage of the subject lot); and, increased front yard landscaping (to eliminate the possibility of 3 or more cars parking in the front yard). A development agreement registered on title can ensure this is maintained. Otherwise, we see this as not maintaining the intent and purpose of the City's Zoning By-law. c) The Minimum Lot Area regulation under Section 39.2.4 of the City's Zoning By-law is unclear/vague; it is unclear if 495.0 square metres is required for each dwelling unit, or, if a property is required that minimum area in order to have one multiple -unit dwelling. Regardless, the Application was applied for, and circulated by the Planning Department, on the basis that 1,485 square metres was required for a 3 -unit multiple -unit dwelling. We are of the opinion that the Committee of Adjustment & Planning Department should consider this application in a consistent manner with how the above -referenced Minimum Lot Area regulation has been interpreted in the past. If the regulation has been interpreted consistently by requiring 495.0 square metres of lot area for each dwelling unit, then this application is well beyond being "minor in nature". d) Was the existing Duplex Dwelling lawfully established? We would request that, as a condition of any approval, that the City's Building Department be satisfied that the existing Duplex Dwelling meets all applicable building/fire code requirements prior to the issuance of any building permit for the property. We agree that the dwelling is likely in need of significant repair. e) We understand that "additional dwelling unit" does not mean "Additional Dwelling Unit (detached)", as defined by the City's Zoning By-law. To summarize, we believe that the City's official plan policies and zoning regulations should be upheld and maintained in consideration of this application. There are many large dwellings that could be converted, and there are some that can't. We believe that the conversion of this dwelling is possible, and can be considered appropriate for the area, if the on-site parking and the design/character of the converted building is appropriate, and that the dwelling (existing and proposed) meets all applicable code requirements. We also request that our letter be included in the Committee's agenda package, and that we be notified of the Committee's Decision. Thank You, Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Dumart, Craig, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: July 8, 2021 REPORT NO.: DSD -2021-129 SUBJECT: Consent Application B2021-036 301 Thaler Ave Owners: Ilir Mejzinolli Applicant: Ilir Mejzinolli RECOMMENDATION: That application B2021-036 for consent to sever into two lots be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $5,861.32. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. system to the satisfaction of the Director of Engineering Services. 7. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 8. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The application is requesting to create a lot by severing an existing lot into two lots. 7 THALER AVENUE� �" 1 ®,d P/N 22559 — 0001 6+� �a $ 7 T5 N55'SB'OS�W s�err; mit 2 . 15.7d2 mux w� 12.302 PARF.."Y -58R-2874 9:t L I rit AW 2a5so - oa7s Jr o I (D �a I H �5 SEVERED _� I �6 I RETAINED s�� I I.aB sss 5 w ,5fy�f _ r � _ •� iz _ 15.74 11.811 • .301 +axu�Bauraa .>9+� N55'S8'00'w I Proposed lot fabrics Location Map: 301 Thaler Avenue REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone in Zoning By-law 85-1. Planning Comments: A single detached dwelling on the property is currently under construction and is proposed to remain on the retain lands while a new vacant lot will be created for a future single detached dwelling on the severed lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. The Owner is requesting permission to sever the subject lands into two lots. The severed lot would have a lot width of 15.742 metres, a depth of 24.364 metres, and an area of 383.538 square metres while the retained lot would have a lot width of 12.302 metres, a depth of 24.364 metres, and an area of 303.56 square metres. City Planning staff conducted a site inspection of the property on June 30, 2021. Existing site conditions at 301 Thaler Avenue With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension, and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The lands front onto a public street and full services are available. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the construction of the new residential building(s). Heritage Comments: Heritage staff has no cultural heritage concerns with the proposed application. Environmental Planning Comments: Environmental Planning has no concerns with the proposed application Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service these properties, all prior to severance approval. Our records indicate municipal sanitary, storm and water services can be available for the proposed properties. Any further enquiries in this regard should be directed to Katie Wood (519-741-2200 ext. 7135). • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: • A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $5,861.32. • Because this is a corner lot, the total street frontage is reduced by 3 linear metres from 15.742 linear metres to 12.742 linear meters. The cash -in -lieu parkland dedication calculated for the proposed site with 12.742 linear m of frontage is $5,861.32. Calculation: (5% x 12.742 I.m. street frontage) x $9,200 = $5,861.32 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. N, r Region of Waterloo Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT July 12, 2021 Re: Comments for Consent Applications B2021-036 to B2021-041 Committee of Adjustment Hearing July 20, 2021 CITY OF KITCHENER B2021-036 301 Thaler Avenue, Kitchener Ilir Mejzinolli The owner/applicant is proposing a severance to facilitate the construction of a new detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within the 6km airport zoning regulated area and are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbelKabregion ofwaterloo.ca Document Number: 3731089 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 0011YA11MINYI 362 Lancaster Street West, Kitchener Steward Sulpher; Ken Droumtsekas (agent) The owner/applicant is proposing to split the lot to create two semi-detached homes. Water Services (Advisory Comments): The existing 450mm dual ownership watermain is planned for replacement in 2023 in conjunction with Regional TCP 5497, which includes replacement of a dual 450mm watermain with a 450mm Regional watermain and a local watermain. Ultimately, the services to this property will be off the local watermain Dedicated Road Widening: A dedicated road widening of approximately 3.Om will be required to comply with 26.213m designated road width of Lancaster Street West (RR #29) at this location. An Ontario Land Surveyor (OLS) would determine the exact amount of road widening. A draft R Plan prepared by an OLS must be provided for review, prior to depositing the plan with the Land Registry office. All costs associated with the road dedication will be the owner's responsibility. The severance plan should be updated to show the lands to be dedicated to the Region The lands will be accepted "AS IS" without the need of an Environmental Site Assessment report for purpose of the road dedication. Access Permit (Advisory Comments): A Regional access permit with fee of $100 each will be required for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Application-and- Payment-for-an-Access-Permit Detailed Grading Plan: Document Number: 3731089 A detailed Site Grading plan will be required showing the existing and the proposed grades on the lands abutting the Regional road and along the proposed entrances. Environmental Noise: The existing and the proposed development likely will have impacts from road noise on Lancaster Street West (RR #29). Staff also note that there may be stationary noise sources in the vicinity. Therefore, an environmental noise study will be required to assess the impacts of transportation noise and the required mitigation measures for residential dwellings on both severed and retained lots. The requirement and implementation of an environmental noise study through a registered agreement with the Region of Waterloo will be a Regional condition for the above application. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. perm itcentral.ca/Perm it/GrouPAPPIy?qrouPId=3 Site Servicing / Work Permit / Municipal Consent (Advisory Comments): A servicing plan has not been received with the above application. A Municipal Consent will be required for the installation of any new / update to the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3) That prior to final approval, the owner/applicant complete the required Site Grading plan to the satisfaction of the Region of Waterloo. Document Number: 3731089 4) That prior to final approval, the owner/applicant complete an Environmental Noise Study and enter into an agreement with the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, to the satisfaction of the Region of Waterloo. 0011YA MIKE] 257 Dumfries Avenue, Kitchener Dario Kokorovic and Tanja Cvijetic The owner/applicant is proposing to sever the lands into two (2) lots, to allow for the construction of two duplex dwellings. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise Study: The residential dwellings on the severed and the retained lots will be located in close proximity (approximately 75m) of Conestoga Parkway/Highway 7 having a noise attenuation wall along the highway. The proposed dwelling units likely would have environmental noise impacts from the traffic. In lieu of the applicant undertaking a detailed environmental noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots, and implementing the recommendations from the noise study through a registered agreement with the City of Kitchener, Regional staff agree to secure and implement the conditions below through a registered agreement with the City of Kitchener, for the all dwellings units on both, the retained and the severed lots: A) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in the future, at the occupant's discretion. B) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: 1) "The purchasers / tenants are advised that sound levels due to increasing road traffic on Conestoga Parkway/Highway 7 may occasionally interfere with Document Number: 3731089 some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". 2) "This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". C) 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 buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That 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: i. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. ii. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: a. "The purchasers / tenants are advised that sound levels due to increasing road traffic on Conestoga Parkway/Highway 7 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". Document Number: 3731089 b. "This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". iii. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. 0011Y.4 R*P-1 102 Waterloo Street, Kitchener 2820580 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc) The owner/applicant is proposing to sever the parcel into two (2) separate properties, demolish the existing house and build two (2) new single detached homes. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: The proposed dwellings on the severed lot and the retained lot will be located within 300 of the Region of Waterloo railway mainline. Therefore, as a Regional condition, the following noise warning clause is required to be registered on title for the dwellings on both, the severed and the retained lots, through an agreement with the City of Kitchener: A) "Warning: The Region of Waterloo / Canadian National Railway Company (CNR) or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The Region of Waterloo / CNR will Document Number: 3731089 not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The following noise warning clauses be included in all offers of purchase, deeds and rental agreements "Warning: The Region of Waterloo / Canadian National Railway Company (CNR) or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The Region of Waterloo / CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." B2021-040 and B2021-041 1770 King Street East, 815 and 825 Weber Street East, Kitchener Skyline Commercial Real Estate Holdings; Mackenzie Streutker (Van Harten) The owner/applicant is proposing a technical severance to separate PINs 22574-0016 and 22574-0017 from 22574-0014 so that a consent on both properties can be conveyed in any order. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Water Resource Protection: Document Number: 3731089 The owner/applicant is required to submit a Section 59 Notice (Notice of Source Protection Plan Compliance) under the Clean Water Act as part of a complete Planning Act application. Regional staff did not receive this notice as part of the application and it appears that the subject lands are located in a source water protection area, where some activities are managed by policies under the Source Protection Plan. To determine the specific source protection policies that apply to these lands, the owner/applicant is required to complete a brief questionnaire about the current and/or planned activities on these lands at the following website: taps. regionofwaterloo.ca. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant submit the completed Section 59 Notice under the Clean Water Act, to the satisfaction of the Region of Waterloo. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner Document Number: 3731089 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 9, 2021 REPORT NO.: DSD -2021-115 SUBJECT: Consent Application B2021-037 362 Lancaster Street West Owner — Stewart Sulpher Applicant — Ken Droumtsekas, Chris & Sons Ltd. RECOMMENDATION: That application B2021-037 requesting permission to sever a parcel that is 7.625 metres in width, 46.17 metres in depth, with a lot area of 332.6 square metres, be approved subject to the following conditions: That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $3,507.50. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 4. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 8. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 9. That prior to final approval, the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 10. That prior to final approval, the owner/applicant complete the required Site Grading plan to the satisfaction of the Region of Waterloo. 11. That prior to final approval, the owner/applicant complete an Environmental Noise Study and enter into an agreement with the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, to the satisfaction of the Region of Waterloo. REPORT HIGHLIGHTS: The application seeks consent to sever the existing lot into two parcels for a future semi-detached dwelling, where each side will be in separate ownership. The property is currently developed with a single detached dwelling that is proposed to be demolished, and a semi-detached dwelling will be constructed in the near future. A sketch of the proposed building is provided below for illustration purposes only. The Applicant has been advised through the Building Permit review process that the design must be amended so the garage does not project in front of the habitable portion of the building. Sketch of Proposed Semi -Detached Dwelling Location Map — 362 Lancaster Street West BACKGROUND: The proposed severed lands are designated as Low Lisa Multiple Residential in the North Ward Secondary Plan and identified as a Community Area on the City's Urban Structure Map. The lands are zoned as Residential Four (R-4) in Zoning By-law 85-1. REPORT: Planning Comments: Permitted uses in the Low Rise Multiple Residential land use designation are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small residential care facilities, home businesses, and private home day care. The Residential Four (R-4) zone permits a variety of low-rise residential uses including semi- detached dwelling. The proposed severed and retained lands comply to the regulation in the R-4 zone. City Planning staff conducted a site visit of the property on July 2, 2021. Photo of Existing House Photo of Existing Rear Yard With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The severed and retained lands front onto an established public street, and the severed and retained lands can be serviced with municipal services. Semi-detached dwellings are a permitted use in the Low Rise Multiple Residential land use designation and the Residential Four (R-4) zone. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Trevor Jacobs (niall.melanson@kitchener.ca) Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks/Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $3,507.50. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the linear frontage (7.625m) at a land value of $9,200 per frontage meter. Calculation: (5% x 7.625 I.m. street frontage) x $9,200 = $3,507.50. Environmental Planning Comments: No environmental planning concerns Region of Waterloo Comments: The existing 450mm dual ownership watermain is planned for replacement in 2023 in conjunction with Regional TCP 5497, which includes replacement of a dual 450mm watermain with a 450mm Regional watermain and a local watermain. Ultimately, the services to this property will be off the local watermain. A dedicated road widening of approximately 3.Om will be required to comply with 26.213m designated road width of Lancaster Street West (RR #29) at this location. An Ontario Land Surveyor (OLS) would determine the exact amount of road widening. A draft R Plan prepared by an OLS must be provided for review, prior to depositing the plan with the Land Registry office. All costs associated with the road dedication will be the owner's responsibility. The severance plan should be updated to show the lands to be dedicated to the Region. The lands will be accepted "AS IS" without the need of an Environmental Site Assessment report for purpose of the road dedication. A Regional access permit with fee of $100 each will be required for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Application-and-Payment- for-an-Access-Permit A detailed Site Grading plan will be required showing the existing and the proposed grades on the lands abutting the Regional road and along the proposed entrances. The existing and the proposed development likely will have impacts from road noise on Lancaster Street West (RR #29). Staff also note that there may be stationary noise sources in the vicinity. Therefore, an environmental noise study will be required to assess the impacts of transportation noise and the required mitigation measures for residential dwellings on both severed and retained lots. The requirement and implementation of an environmental noise study through a registered agreement with the Region of Waterloo will be a Regional condition for the above application. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.Permitcentral.ca/Permit/GrouPApply?grouPId=3 A servicing plan has not been received with the above application. A Municipal Consent will be required for the installation of any new / update to the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance. The Region has no objection to the proposed application [subject to the four Regional conditions listed above]. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Demolition Control application DC21/014/L/TS has been issued for the existing single detached dwelling and a Building Permit for demolition has been received. A Building Permit has also been received for a new semi-detached dwelling. N, r Region of Waterloo Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT July 12, 2021 Re: Comments for Consent Applications B2021-036 to B2021-041 Committee of Adjustment Hearing July 20, 2021 CITY OF KITCHENER B2021-036 301 Thaler Avenue, Kitchener Ilir Mejzinolli The owner/applicant is proposing a severance to facilitate the construction of a new detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within the 6km airport zoning regulated area and are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbelKabregion ofwaterloo.ca Document Number: 3731089 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 0011YA11MINYI 362 Lancaster Street West, Kitchener Steward Sulpher; Ken Droumtsekas (agent) The owner/applicant is proposing to split the lot to create two semi-detached homes. Water Services (Advisory Comments): The existing 450mm dual ownership watermain is planned for replacement in 2023 in conjunction with Regional TCP 5497, which includes replacement of a dual 450mm watermain with a 450mm Regional watermain and a local watermain. Ultimately, the services to this property will be off the local watermain Dedicated Road Widening: A dedicated road widening of approximately 3.Om will be required to comply with 26.213m designated road width of Lancaster Street West (RR #29) at this location. An Ontario Land Surveyor (OLS) would determine the exact amount of road widening. A draft R Plan prepared by an OLS must be provided for review, prior to depositing the plan with the Land Registry office. All costs associated with the road dedication will be the owner's responsibility. The severance plan should be updated to show the lands to be dedicated to the Region The lands will be accepted "AS IS" without the need of an Environmental Site Assessment report for purpose of the road dedication. Access Permit (Advisory Comments): A Regional access permit with fee of $100 each will be required for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Application-and- Payment-for-an-Access-Permit Detailed Grading Plan: Document Number: 3731089 A detailed Site Grading plan will be required showing the existing and the proposed grades on the lands abutting the Regional road and along the proposed entrances. Environmental Noise: The existing and the proposed development likely will have impacts from road noise on Lancaster Street West (RR #29). Staff also note that there may be stationary noise sources in the vicinity. Therefore, an environmental noise study will be required to assess the impacts of transportation noise and the required mitigation measures for residential dwellings on both severed and retained lots. The requirement and implementation of an environmental noise study through a registered agreement with the Region of Waterloo will be a Regional condition for the above application. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. perm itcentral.ca/Perm it/GrouPAPPIy?qrouPId=3 Site Servicing / Work Permit / Municipal Consent (Advisory Comments): A servicing plan has not been received with the above application. A Municipal Consent will be required for the installation of any new / update to the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3) That prior to final approval, the owner/applicant complete the required Site Grading plan to the satisfaction of the Region of Waterloo. Document Number: 3731089 4) That prior to final approval, the owner/applicant complete an Environmental Noise Study and enter into an agreement with the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, to the satisfaction of the Region of Waterloo. 0011YA MIKE] 257 Dumfries Avenue, Kitchener Dario Kokorovic and Tanja Cvijetic The owner/applicant is proposing to sever the lands into two (2) lots, to allow for the construction of two duplex dwellings. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise Study: The residential dwellings on the severed and the retained lots will be located in close proximity (approximately 75m) of Conestoga Parkway/Highway 7 having a noise attenuation wall along the highway. The proposed dwelling units likely would have environmental noise impacts from the traffic. In lieu of the applicant undertaking a detailed environmental noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots, and implementing the recommendations from the noise study through a registered agreement with the City of Kitchener, Regional staff agree to secure and implement the conditions below through a registered agreement with the City of Kitchener, for the all dwellings units on both, the retained and the severed lots: A) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in the future, at the occupant's discretion. B) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: 1) "The purchasers / tenants are advised that sound levels due to increasing road traffic on Conestoga Parkway/Highway 7 may occasionally interfere with Document Number: 3731089 some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". 2) "This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". C) 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 buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That 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: i. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. ii. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: a. "The purchasers / tenants are advised that sound levels due to increasing road traffic on Conestoga Parkway/Highway 7 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". Document Number: 3731089 b. "This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". iii. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. 0011Y.4 R*P-1 102 Waterloo Street, Kitchener 2820580 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc) The owner/applicant is proposing to sever the parcel into two (2) separate properties, demolish the existing house and build two (2) new single detached homes. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: The proposed dwellings on the severed lot and the retained lot will be located within 300 of the Region of Waterloo railway mainline. Therefore, as a Regional condition, the following noise warning clause is required to be registered on title for the dwellings on both, the severed and the retained lots, through an agreement with the City of Kitchener: A) "Warning: The Region of Waterloo / Canadian National Railway Company (CNR) or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The Region of Waterloo / CNR will Document Number: 3731089 not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The following noise warning clauses be included in all offers of purchase, deeds and rental agreements "Warning: The Region of Waterloo / Canadian National Railway Company (CNR) or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The Region of Waterloo / CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." B2021-040 and B2021-041 1770 King Street East, 815 and 825 Weber Street East, Kitchener Skyline Commercial Real Estate Holdings; Mackenzie Streutker (Van Harten) The owner/applicant is proposing a technical severance to separate PINs 22574-0016 and 22574-0017 from 22574-0014 so that a consent on both properties can be conveyed in any order. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Water Resource Protection: Document Number: 3731089 The owner/applicant is required to submit a Section 59 Notice (Notice of Source Protection Plan Compliance) under the Clean Water Act as part of a complete Planning Act application. Regional staff did not receive this notice as part of the application and it appears that the subject lands are located in a source water protection area, where some activities are managed by policies under the Source Protection Plan. To determine the specific source protection policies that apply to these lands, the owner/applicant is required to complete a brief questionnaire about the current and/or planned activities on these lands at the following website: taps. regionofwaterloo.ca. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant submit the completed Section 59 Notice under the Clean Water Act, to the satisfaction of the Region of Waterloo. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner Document Number: 3731089 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L 1\[ [ c I I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 13, 2021 REPORT NO.: DSD -2021-143 SUBJECT: Consent Application B2021-038 Address: 257 Dumfries Avenue Owners: Dario Kokorovic and Tanja Cvijetic RECOMMENDATION: 1) That Consent Application 132021-038, for 257 Dumfries Avenue, requesting consent to create a new lot (i.e., the severed lot) with an approximate lot width of 9.75 metres, a depth of 40.54 metres, and an area of 395.2 square metres, be approved, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject properties to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. The owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed and retained lands. 5. The owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 6. The owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 7. The owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. ramp, on the severed and retained lands, or otherwise receive relief from Engineering Services for this requirement. 8. The owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: a. That the owner shall prepare a Tree Preservation Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and implemented prior to any grading, servicing, 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. b. The owner further agrees to implement the approved Tree Preservation Plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. c. The owner agrees to maintain the severed and retained lands, in accordance with the approved Tree Preservation Plan, for the life the development. Figure 1. Aerial photo showing the subject property. REPORT HIGHLIGHTS: • The purpose of this report is to recommend conditional approval of a consent application to create a new lot to allow the redevelopment of the lands with two duplex dwellings. • This report supports the delivery of core services. • There are no financial implications to the City. • This report supports the delivery of core services. BACKGROUND: This report is being brought forward to recommend conditional approval of a consent application to create a new lot to allow the redevelopment of the lands with two duplex dwellings. Figure 2. View of subject property from Dumfries Avenue REPORT: The subject property is located on the southwest side of Dumfries Avenue, southeast of Frederick Mall, in the Central Frederick Planning Community. The surrounding lands are composed of a low-density residential land uses, primarily single detached dwellings. The property is designated Low Rise Conservation A in the Central Frederick Secondary Plan and zoned Residential Five Zone (R-5) with Special Use Provision 129U (multiple dwellings not permitted) in By-law 85-1. City Planning staff visited the properties on July 2, 2021. The property contains a single detached dwelling that was constructed in approximately 1954. The applicant is requesting consent to create a new lot with frontage on Dumfries Avenue to facilitate the redevelopment of the lands with two duplex dwellings (one on each new lot). The severed lot would have an approximate lot width of 9.75, a depth of 40.57 metres, and an area of 395.2 square metres. The retained lot would have identical dimensions. No minor variances are required to facilitate the consent application. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan. The subject lands are suitable for the purposes for which they are to be severed. Both resultant lots are suitable in their dimensions and shapes and front onto an established municipal road with adequate services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. It should be noted that the front yard setback from Residential Intensification in Established Neighbourhoods Study (RIENS) Area will apply, requiring the setback for the new dwellings to be based on the average setback of the dwellings on either side of the subject property (rather than a fixed setback). Also, staff notes that the Residential Infill in Central Neighbourhoods section of the Urban Design Manual will apply to the future development of the proposed dwellings. Planning staff notes that the applicant will need to apply for Demolition Control Approval from the Planning Division, in addition to a Demolition Permit from the Building Division, to demolish the existing dwelling. Based on the foregoing, Planning staff recommends that Consent Application B2021-038 be approved, subject to the conditions listed in the Recommendation section of this report. Building Division Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building(s), as well as construction of the all new residential building(s). Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Services Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Trevor Jacobs (trevor.iacobs(aWtchener.ca). • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks and Cemeteries Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $4,485.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the linear frontage (9.75m) at a land value of $9,200 per frontage meter. Calculation: (5% x 9.75 I.m. street frontage) x $9,200 = $4,485.00. An existing Street Tree is located in the boulevard on Dumfries Ave. Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided. The proposed entry driveway must be confirmed during time of development. A municipal tree (#7221) has been identified as impacted by the future driveway access. Removal and replacement of the trees must be reviewed and approved by City of Kitchener Forestry Department through the Corporate Contact Centre 519-741-2345. Environmental Planning Comments: See tree management condition in the Recommendation section. Heritage Planning Comments: There are no heritage planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. PREVIOUS REPORTS/AUTHORITIES: • Sections 51 and 53, Planning Act, R. S. O. 1990, c. P.13 ATTACHMENT: Attachment A —Sketch provided with Consent Application SecAer SPreet t Ho-), 71W E61G $PFNII FrNA—A Dv IFAas Avenue NON sue AegO Nah— 4 PROPERTY iillljL g"` C � Met— y H GF $Ae1�7dan osT A,vn�e zarF+ KEY PLAN ��� iNQt iR s..I.) '} DUMFRIES AVENUE (BY REGISTERED PLAN 788) gJ5 g. j � a CV 111 �g os Ln t' e F- 0 11 -�H7 t LOT 51 �] E 1-22 -' I p.m X11 O 90 NSI 7 crve Nm? �REGISTEREDR LOT 50 F 19-75 9-75 —� LOT 57 I LOT 58 SURVEYOR'S CERTIFICATE o SITE STATISTICS IRINC - R-5 REWIRED RETAINED SExERED USE SINGLE-DETAOED aE-[ETAUiD 9xE9 TAOEC LOT AREA 735 SO.Y. ]96.9 SO.Y. 595.2 MIA BU4OINL AREA 129-6 $CAL IN..3 5EL1F. LOT COVERAGE 76x', (45% RWt*w TSS AO[aael] 37.7; 39.7s LOT 1111)Tx RD. 9.w 9 -An. FgONi YlA1O 45Ri�i0n NICCA,NAAe peiYg law low,ell-Neel 51QE YARQ 1,2m 1-Zm 1.7m REAR TARF! 7,5m 1 12.3. 1 123. REOUIRED PARMC: Tea fel eaeA CwelEnq unit. EAE7R!(„ pgTANOEB !NOUN 011 t1�. e1Nl ARE IN UETRL3 IFN LAN BE OONKATDO TO "" SIT R11O91D 9Y' 0.3G0 CAUi1. TMS IS NDS A RAN X g►,1ET ANO g NOT K ,xen. E]xYPE FCR THE. ALRP02 R lkcA O N 11[ AT1E ROUL LOT 49 P L A N 7 6 8 LOT 59 1 LOT 60 YHE SURVEY WAS COIrIPLETEO DN THE 3rd DAY OF MAY, 2021.EE�o❑ A.. 14. 2D2t ,a rr,,,O� BS--wx..... w.....In.W.�. .,.. .a ______ ____________________ DATE LEO UU 7AIWWpAAN e]AD W�TIIOI.IA9IAI�Ox xDc1R ONTARIO LAND SURVEYOR f.I514) @N11 Rtslq uxlm ...® SITE PLAN PREPARED FOR: DARIO KOKOROMC R"SIONs' SKETCH PLAN FOR THE PURPOSE OF A SEVERENCE SCALE I : 250LOT 50, REGISTERED PLAN 768 5 D S 10 15 -4. RENa Na! CITY QE KITCHENER 21AM-14.412 -SEV 257 DUMFRIES AVENUE, KITCHENER COMMUNITY SERVICES DEPARTMENT I DATED NAY r9im N, r Region of Waterloo Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT July 12, 2021 Re: Comments for Consent Applications B2021-036 to B2021-041 Committee of Adjustment Hearing July 20, 2021 CITY OF KITCHENER B2021-036 301 Thaler Avenue, Kitchener Ilir Mejzinolli The owner/applicant is proposing a severance to facilitate the construction of a new detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within the 6km airport zoning regulated area and are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbelKabregion ofwaterloo.ca Document Number: 3731089 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 0011YA11MINYI 362 Lancaster Street West, Kitchener Steward Sulpher; Ken Droumtsekas (agent) The owner/applicant is proposing to split the lot to create two semi-detached homes. Water Services (Advisory Comments): The existing 450mm dual ownership watermain is planned for replacement in 2023 in conjunction with Regional TCP 5497, which includes replacement of a dual 450mm watermain with a 450mm Regional watermain and a local watermain. Ultimately, the services to this property will be off the local watermain Dedicated Road Widening: A dedicated road widening of approximately 3.Om will be required to comply with 26.213m designated road width of Lancaster Street West (RR #29) at this location. An Ontario Land Surveyor (OLS) would determine the exact amount of road widening. A draft R Plan prepared by an OLS must be provided for review, prior to depositing the plan with the Land Registry office. All costs associated with the road dedication will be the owner's responsibility. The severance plan should be updated to show the lands to be dedicated to the Region The lands will be accepted "AS IS" without the need of an Environmental Site Assessment report for purpose of the road dedication. Access Permit (Advisory Comments): A Regional access permit with fee of $100 each will be required for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Application-and- Payment-for-an-Access-Permit Detailed Grading Plan: Document Number: 3731089 A detailed Site Grading plan will be required showing the existing and the proposed grades on the lands abutting the Regional road and along the proposed entrances. Environmental Noise: The existing and the proposed development likely will have impacts from road noise on Lancaster Street West (RR #29). Staff also note that there may be stationary noise sources in the vicinity. Therefore, an environmental noise study will be required to assess the impacts of transportation noise and the required mitigation measures for residential dwellings on both severed and retained lots. The requirement and implementation of an environmental noise study through a registered agreement with the Region of Waterloo will be a Regional condition for the above application. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. perm itcentral.ca/Perm it/GrouPAPPIy?qrouPId=3 Site Servicing / Work Permit / Municipal Consent (Advisory Comments): A servicing plan has not been received with the above application. A Municipal Consent will be required for the installation of any new / update to the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3) That prior to final approval, the owner/applicant complete the required Site Grading plan to the satisfaction of the Region of Waterloo. Document Number: 3731089 4) That prior to final approval, the owner/applicant complete an Environmental Noise Study and enter into an agreement with the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, to the satisfaction of the Region of Waterloo. 0011YA MIKE] 257 Dumfries Avenue, Kitchener Dario Kokorovic and Tanja Cvijetic The owner/applicant is proposing to sever the lands into two (2) lots, to allow for the construction of two duplex dwellings. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise Study: The residential dwellings on the severed and the retained lots will be located in close proximity (approximately 75m) of Conestoga Parkway/Highway 7 having a noise attenuation wall along the highway. The proposed dwelling units likely would have environmental noise impacts from the traffic. In lieu of the applicant undertaking a detailed environmental noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots, and implementing the recommendations from the noise study through a registered agreement with the City of Kitchener, Regional staff agree to secure and implement the conditions below through a registered agreement with the City of Kitchener, for the all dwellings units on both, the retained and the severed lots: A) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in the future, at the occupant's discretion. B) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: 1) "The purchasers / tenants are advised that sound levels due to increasing road traffic on Conestoga Parkway/Highway 7 may occasionally interfere with Document Number: 3731089 some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". 2) "This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". C) 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 buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That 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: i. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. ii. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: a. "The purchasers / tenants are advised that sound levels due to increasing road traffic on Conestoga Parkway/Highway 7 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". Document Number: 3731089 b. "This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". iii. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. 0011Y.4 R*P-1 102 Waterloo Street, Kitchener 2820580 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc) The owner/applicant is proposing to sever the parcel into two (2) separate properties, demolish the existing house and build two (2) new single detached homes. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: The proposed dwellings on the severed lot and the retained lot will be located within 300 of the Region of Waterloo railway mainline. Therefore, as a Regional condition, the following noise warning clause is required to be registered on title for the dwellings on both, the severed and the retained lots, through an agreement with the City of Kitchener: A) "Warning: The Region of Waterloo / Canadian National Railway Company (CNR) or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The Region of Waterloo / CNR will Document Number: 3731089 not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The following noise warning clauses be included in all offers of purchase, deeds and rental agreements "Warning: The Region of Waterloo / Canadian National Railway Company (CNR) or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The Region of Waterloo / CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." B2021-040 and B2021-041 1770 King Street East, 815 and 825 Weber Street East, Kitchener Skyline Commercial Real Estate Holdings; Mackenzie Streutker (Van Harten) The owner/applicant is proposing a technical severance to separate PINs 22574-0016 and 22574-0017 from 22574-0014 so that a consent on both properties can be conveyed in any order. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Water Resource Protection: Document Number: 3731089 The owner/applicant is required to submit a Section 59 Notice (Notice of Source Protection Plan Compliance) under the Clean Water Act as part of a complete Planning Act application. Regional staff did not receive this notice as part of the application and it appears that the subject lands are located in a source water protection area, where some activities are managed by policies under the Source Protection Plan. To determine the specific source protection policies that apply to these lands, the owner/applicant is required to complete a brief questionnaire about the current and/or planned activities on these lands at the following website: taps. regionofwaterloo.ca. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant submit the completed Section 59 Notice under the Clean Water Act, to the satisfaction of the Region of Waterloo. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner Document Number: 3731089 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority To: Committee of Adjustment for the City of Kitchener From: — Re: B 2021-038 — 257 Dumfries Avenue I am strongly opposed to allowing the severance and construction of duplex dwellings at 257 Dumfries Ave. I purchased my home here because of the charming 1950's neighbourhood, with single family homes on large lots and nice yards. This will be lost if this type of construction is allowed. We will no longer be living in a neighbourhood of single family homes. Instead of one family home next door there will be four. This does not follow the characteristics of our neighbourhood. The street parking in front of my house will drastically increase as I live this property. If this construction is permitted there is a potential of 8 cars or more trying to find parking coming from a single lot. This would destroy my property value and I would never have purchased my home here if there were duplex dwellings— This will severely impair my enjoyment and privacy of my home, especially the privacy of my back yard. There is nothing minor about this variance. This will be a grave injustice to myself and my neighbours. This owner of this property is not concerned, or care about this as they will not be living here and currently do not now. This construction will cause our house values to go down. It is not fair that someone's gain should be my loss. This is not progress. This will only set a precedent that will allow more building of this type on property's where there is now only one single house. This type of building was not here when I purchased my home, and will not be able to stay living here if this is allowed next door to me. July 12, 2021 Re: Request for a zone change B 2021-38 - 257 Dumfries Avenue, Kitchener, Ontario To sever the existing lot into two separate lots in order to accommodate two future duplex buildings. This quaint, established neighbourhood was established in the 1950s and is made up of mainly bungalows and one and a half story homes of approximately 1000 square feet. Over the last 4 or 5 years I have noticed that as a number of these homes have come up for sale they have been purchased by non resident speculators and rented out. Some speculators have made (hopefully legal) changes to the bungalows by finishing the basements and renting the main floors and basements to separate families. While this is not a problem in itself, it does result in some nuisance parking and traffic problems. Recently a non resident speculator has requested a zoning change to sever an existing approximately 64 foot lot into two 32 foot lots in order to accommodate two future duplex dwellings. This will result in the destruction of an existing bungalow on the street and a fundamental change to the nature of the neighbourhood. Because of the current real estate climate there are many properties in the neighbourhood owned by non resident speculators and the approval of this zoning change request would set a precedent for these other speculators to also submit their own request to sever properties. The result could bring on a fundamental change to this established neighbourhood for the sole purpose of maximizing a non resident's return on investment. In my opinion, this is a request to begin a process to fundamentally change this quiet, quaint, established neighbourhood. If this is the case, it should be done by Kitchener's planning department in conjunction with the residents of the neighbourhood not by non resident speculators in an ad hoc manner. I am therefore opposed to granting this zoning change request for 257 Dumfries Avenue, Kitchener, ON. 257 Dumfries Ave vw r x n x �5 'a 4 has applied for a lot severance to divide the lot in half for the purpose of building 2 two storey dwellings. This affects our neighbourhood! • Our streetscape of wide lot frontages with 1950's single storey brick homes could possibly be lost • sets a precedent for more severed lots with multi dwelling residences • Increases population density, traffic and parking issues I love my neighbourhood! was attracted to live in this area because of the wide lots, well kept single storey houses and proximity to the core. I have always felt fortunate to be living in the Central Frederick area. Over the last few years, quite a few houses have been turned into multi -family dwellings with basement units. However, the front facade of these houses has not changed. The feeling of the neighbourhood has stayed the same. However, I am opposed to the recent zoning amendment requested by 257 Dumfries Ave, in which the homeowner wishes to divide the lot in half and build duplexes. We, the residents of this neighbourhood, unite and say No to • Small lots with multi family dwellings • Losing the 1950's classic brick homes • Crowded driveways with many cars • Potential for more infill development (once one development is approved --more is on the way!) • Increased traffic and population density Name (print) Address Signature CqAIIIA4�, ave- Fc�leg + P n M A 4re- v kmetl C.IC T ee-- Name (print) Address Signature Si- JArjt- fy��j 1 t Kristen Hilborn From: Sent: Thursday, July 15, 2021 11:41 AM To: Committee of Adjustment (SM) Cc: sarah@sarahmarsh.ca Subject: [EXTERNAL] Committee of Adjustment, Notice of Hearing July 20th, 2021 Subject: Committee of Adjustment, Notice of Hearing July 20/21 Re: B2021-038 257 Dumfries Ave. Kitchener Opposition to the Proposed Variance I recently received the Notice of Hearing for the above property. I am a resident at , which is _said property. Clearly I am impacted by this application. I moved to the neighbourhood 22 years ago because of its central location, mature neighbourhood and the lovely 50's style, single family homes. At no time did I imagine that the area could potentially lose an existing bungalow in good condition and be replaced with two 2 -storey multi -family rental units on a single lot! Is this the direction the City of Kitchener wants to take? To turn old established neighbourhoods into rental properties with absentee landlords? To squeeze in more buildings onto small lots? To drive out residents who have lived in their neighbourhoods for years and taken pride in their homes? While I understand the need to intensify current housing with higher density buildings to manage the Region's population growth, the proposed variance would be out of character and scale with the existing neighbourhood. Not to mention increased traffic congestion and parking problems on an already busy stretch of Dumfries Ave leading to Frederick St. Mall. Also, the proposed high density build on one lot is not compatible within such close proximity to family homes. In summary, I am respectfully asking that this proposed variance be dismissed to preserve the quality and liveability of our Central Frederick neighbourhood. Sincerely, c.c. sarah@sarahmarsh.ca City Councillor, Ward 10 Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L 1\[ [ c I I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 13, 2021 REPORT NO.: DSD -2021-142 SUBJECT: Consent Application B2021-039, and Minor Variance Applications A2021-077 and A2021-078 Address: 102 Waterloo Street Owner: 2820580 Ontario Inc. Agent: Van Harten Surveying Inc. (c/o Mackenzie Streutker) RECOMMENDATION: 1) That Consent Application 132021-039, for 102 Waterloo Street, requesting consent to create a new lot with an approximate lot width of 8.74 metres, a depth of 26.3 metres, and an area of 246 square metres, be approved, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject properties to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. The owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed and retained lands. 5. The owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 6. The owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7. The owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands, or otherwise receive relief from Engineering Services for this requirement. 8. The owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: a. That the owner shall prepare a Tree Preservation Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and implemented prior to any grading, servicing, 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. b. The owner further agrees to implement the approved Tree Preservation Plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. c. The owner agrees to maintain the severed and retained lands, in accordance with the approved Tree Preservation Plan, for the life the development. 2) That Minor Application A2021-077, for the retained lot, requesting relief from Section 39.2.1 of the Zoning By-law to allow a minimum lot width of 8.74 metres, whereas 9.0 metres is required, and a minimum lot area of 230 square metres, whereas 235 square metres is required, be approved without conditions. 3) That Minor Application A2021-078, for the severed lot, requesting relief from Section 39.2.1 of the Zoning By-law to allow a minimum lot width of 8.74 metres, whereas 9.0 metres is required, be approved without conditions. a 4r Ir R Figure 1. Aerial photo showing the subject property. REPORT HIGHLIGHTS: • The purpose of this report is to recommend conditional approval of a consent application to create a new lot, and minor variance applications for reduced lot area and lot width, to allow the redevelopment of the lands with two new single detached dwellings. • This report supports the delivery of core services. • There are no financial implications to the City. • This report supports the delivery of core services. BACKGROUND: This report is being brought forward to recommend conditional approval of a consent application to create a new lot, and minor variance applications for reduced lot area and lot width, to allow the redevelopment of the lands with two new single detached dwellings. Figure 2. View of subject property from Waterloo Street REPORT: The subject property is located on the east side of Waterloo Street, north of Shanley Street in the Mt. Hope Huron Park Planning Community. The surrounding lands are composed of a mix of low-density residential land uses, primarily single detached dwellings. The property is designated Low Rise Residential in the Official Plan and zoned Residential Five Zone (R-5) in By-law 85-1. City Planning staff visited the properties on July 2, 2021. The property contains a single detached dwelling that was constructed in approximately 1884. The applicant is requesting consent to create a new lot with frontage on Waterloo Street to facilitate the redevelopment of the lands with two new single detached dwellings (one on each new lot). The severed lot would have an approximate lot width of 8.74 metres, a depth of 26.3 metres, and an area of 246 square metres. The severed lot requires a minor variance (application A2021-078) to allow a reduced lot width to be 8.74 metres instead of the required 9.0 metres. The retained lot would have an approximate lot width of 8.74 metres, a depth of 26.3 metres, and an area of 230 square metres. The retained lot requires a minor variance (application A2021-077) to allow a reduced lot width to be 8.74 metres, instead of the required 9.0 metres and a reduced lot area to be 230 square metres, instead of the required 235 square metres. The resultant lots would be the narrowest on the street for single detached dwellings. Planning staff notes that the Residential Infill in Central Neighbourhoods section of the Urban Design Manual will apply to the future development of the proposed dwellings. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent and Purpose of Official Plan Test Several Official Plan policies relate to the requested variances, for example: 15.D.3.8. The Low Rise Residential land use designation will accommodate a full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing. 4.C.1.8. Where... minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the ... minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood... Planning staff is of the opinion that the proposed variances would facilitate establishment of permitted uses (i.e., single detached dwellings) and that the variances would facilitate the creation of lots that are able to accommodate dwellings of an appropriate mass and scale and that are compatible with the built form of the established neighbourhood. Existing lots in the surrounding neighbourhood have a wide variety of dimensions and shapes. The variances meet the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The purpose of the minimum lot area and lot width regulations are to ensure that lots are compatible with other lots in the neighbourhood and to ensure that adequate on-site facilities to support the use can be established (e.g., amenity space / landscaped area, parking). Existing lots in the surrounding neighbourhood have a wide variety of dimensions and shapes. Planning staff notes the minimum lot width for a semi-detached dwelling is only 7.5 metres. Staff is satisfied that that the resultant lots could accommodate compatible dwellings and on-site facilities to support the proposed new single detached dwellings. The variances meet the general intent and purpose of the Zoning By-law. "Minor" Test The variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. The resultant lots can accommodate on-site facilities, including parking and amenity / landscaped area. Desirability for Appropriate Development of the Land Test The variances will facilitate construction two new single detached dwelling on the subject lands. Single detached dwellings are a permitted use in the Official Plan and Zoning By- law. Planning staff is of the opinion that the variances are desirable for the appropriate development of the land. Consent Application Considerations With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan. The subject lands are suitable for the purposes for which they are to be severed. Both resultant lots are suitable in their dimensions and shapes and front onto an established municipal road with adequate services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Planning staff notes that the applicant will need to apply for Demolition Control Approval from the Planning Division, in addition to a Demolition Permit from the Building Division, to demolish the existing dwelling. Based on the foregoing, Planning staff recommends that Consent Application B2021-039 be approved, subject to the conditions listed in the Recommendation section of this report and that Minor Variance Applications A2021-077 and A2021-078 be approved without conditions. Building Division Comments: The Building Division has no objections to the proposed variances. The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building(s), as well as construction of the new residential buildings. Transportation Services Comments: Transportation Services does not have any concerns with the proposed applications. Engineering Services Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Trevor Jacobs (trevor.iacobs(a)kitchener.ca). • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks and Cemeteries Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $4,020.40. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the linear frontage (8.74m) at a land value of $9,200 per frontage metre. Calculation: (5% x 8.74 I.m. street frontage) x $9,200 = $4,020.40. Environmental Planning Comments: See tree management condition in the Recommendation section. Heritage Planning Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 102 Waterloo Street is located within the Mount Hope / Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. PREVIOUS REPORTS/AUTHORITIES: • Sections 45, 51 and 53, Planning Act, R. S. O. 1990, c. P.13 ATTACHMENT: Attachment A —Sketch provided with Consent Application luz .6P E v3 m D m ipp o� a S G Y'd W Z Z a Q Li �� 9 � n �•:: 4 0 za � gq� on O a G YypS�P .�+D3u--r+ •• W 1- Q w o Z c u Q w W a o H Z Q «a.`� 0 00 Sad W u a3 � "4 m F Z� '' a So ��g mut°i vi ao dmf 3 p E W w r F 2 y E d r i z a F rc o 6 3 m ¢w ce QmsQc ¢ 6 n �: 2 2 a p[ Ll D 2 LL O� ¢ 4 6/) C%1 a O — O t U m 1332A1S A31NVHS s a G Y � Q j Z o V b J e O K Z O �¢ O L i 1+ ~fA W ul 1�W i J! � ry Q ry ~ O N 0 O}j+� rIl r Z00 ZO W ry N o _j 4 m LU C N mQa a$^ 41 P't d A 40 d .yrnc 00.4 L/� V VV ry 0S"C 4L 9 n Q R LLI F2-2�+iJ q C4,C 004 F. N m o N b z d r� ri� n, N, r Region of Waterloo Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT July 12, 2021 Re: Comments for Consent Applications B2021-036 to B2021-041 Committee of Adjustment Hearing July 20, 2021 CITY OF KITCHENER B2021-036 301 Thaler Avenue, Kitchener Ilir Mejzinolli The owner/applicant is proposing a severance to facilitate the construction of a new detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within the 6km airport zoning regulated area and are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbelKabregion ofwaterloo.ca Document Number: 3731089 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 0011YA11MINYI 362 Lancaster Street West, Kitchener Steward Sulpher; Ken Droumtsekas (agent) The owner/applicant is proposing to split the lot to create two semi-detached homes. Water Services (Advisory Comments): The existing 450mm dual ownership watermain is planned for replacement in 2023 in conjunction with Regional TCP 5497, which includes replacement of a dual 450mm watermain with a 450mm Regional watermain and a local watermain. Ultimately, the services to this property will be off the local watermain Dedicated Road Widening: A dedicated road widening of approximately 3.Om will be required to comply with 26.213m designated road width of Lancaster Street West (RR #29) at this location. An Ontario Land Surveyor (OLS) would determine the exact amount of road widening. A draft R Plan prepared by an OLS must be provided for review, prior to depositing the plan with the Land Registry office. All costs associated with the road dedication will be the owner's responsibility. The severance plan should be updated to show the lands to be dedicated to the Region The lands will be accepted "AS IS" without the need of an Environmental Site Assessment report for purpose of the road dedication. Access Permit (Advisory Comments): A Regional access permit with fee of $100 each will be required for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Application-and- Payment-for-an-Access-Permit Detailed Grading Plan: Document Number: 3731089 A detailed Site Grading plan will be required showing the existing and the proposed grades on the lands abutting the Regional road and along the proposed entrances. Environmental Noise: The existing and the proposed development likely will have impacts from road noise on Lancaster Street West (RR #29). Staff also note that there may be stationary noise sources in the vicinity. Therefore, an environmental noise study will be required to assess the impacts of transportation noise and the required mitigation measures for residential dwellings on both severed and retained lots. The requirement and implementation of an environmental noise study through a registered agreement with the Region of Waterloo will be a Regional condition for the above application. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. perm itcentral.ca/Perm it/GrouPAPPIy?qrouPId=3 Site Servicing / Work Permit / Municipal Consent (Advisory Comments): A servicing plan has not been received with the above application. A Municipal Consent will be required for the installation of any new / update to the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3) That prior to final approval, the owner/applicant complete the required Site Grading plan to the satisfaction of the Region of Waterloo. Document Number: 3731089 4) That prior to final approval, the owner/applicant complete an Environmental Noise Study and enter into an agreement with the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, to the satisfaction of the Region of Waterloo. 0011YA MIKE] 257 Dumfries Avenue, Kitchener Dario Kokorovic and Tanja Cvijetic The owner/applicant is proposing to sever the lands into two (2) lots, to allow for the construction of two duplex dwellings. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise Study: The residential dwellings on the severed and the retained lots will be located in close proximity (approximately 75m) of Conestoga Parkway/Highway 7 having a noise attenuation wall along the highway. The proposed dwelling units likely would have environmental noise impacts from the traffic. In lieu of the applicant undertaking a detailed environmental noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots, and implementing the recommendations from the noise study through a registered agreement with the City of Kitchener, Regional staff agree to secure and implement the conditions below through a registered agreement with the City of Kitchener, for the all dwellings units on both, the retained and the severed lots: A) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in the future, at the occupant's discretion. B) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: 1) "The purchasers / tenants are advised that sound levels due to increasing road traffic on Conestoga Parkway/Highway 7 may occasionally interfere with Document Number: 3731089 some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". 2) "This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". C) 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 buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That 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: i. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. ii. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: a. "The purchasers / tenants are advised that sound levels due to increasing road traffic on Conestoga Parkway/Highway 7 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". Document Number: 3731089 b. "This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". iii. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. 0011Y.4 R*P-1 102 Waterloo Street, Kitchener 2820580 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc) The owner/applicant is proposing to sever the parcel into two (2) separate properties, demolish the existing house and build two (2) new single detached homes. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: The proposed dwellings on the severed lot and the retained lot will be located within 300 of the Region of Waterloo railway mainline. Therefore, as a Regional condition, the following noise warning clause is required to be registered on title for the dwellings on both, the severed and the retained lots, through an agreement with the City of Kitchener: A) "Warning: The Region of Waterloo / Canadian National Railway Company (CNR) or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The Region of Waterloo / CNR will Document Number: 3731089 not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The following noise warning clauses be included in all offers of purchase, deeds and rental agreements "Warning: The Region of Waterloo / Canadian National Railway Company (CNR) or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The Region of Waterloo / CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." B2021-040 and B2021-041 1770 King Street East, 815 and 825 Weber Street East, Kitchener Skyline Commercial Real Estate Holdings; Mackenzie Streutker (Van Harten) The owner/applicant is proposing a technical severance to separate PINs 22574-0016 and 22574-0017 from 22574-0014 so that a consent on both properties can be conveyed in any order. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Water Resource Protection: Document Number: 3731089 The owner/applicant is required to submit a Section 59 Notice (Notice of Source Protection Plan Compliance) under the Clean Water Act as part of a complete Planning Act application. Regional staff did not receive this notice as part of the application and it appears that the subject lands are located in a source water protection area, where some activities are managed by policies under the Source Protection Plan. To determine the specific source protection policies that apply to these lands, the owner/applicant is required to complete a brief questionnaire about the current and/or planned activities on these lands at the following website: taps. regionofwaterloo.ca. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant submit the completed Section 59 Notice under the Clean Water Act, to the satisfaction of the Region of Waterloo. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner Document Number: 3731089 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: July 20, 2021 L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 9, 2021 REPORT NO.: DSD -2021-115 SUBJECT: Consent Application B2021-040 & B2021-041 Minor Variance Application A2021-079 — 1770 King St. E Minor Variance Application A2021-080 — 815/825 Weber St. E. 1770 King St. E., 815 & 825 Weber St. E. Owner — Skyline Commercial Real Estate Holdings Inc. Applicant — Mackenzie Streutker, Van Harten Surveying Inc. RECOMMENDATION: That application B2021-040 requesting permission to sever a parcel that is addressed as 815/825 Weber Street East that is 35.90 metres in width, 93.92 metres in depth, with a lot area of 4050 square metres, be approved subject to the following conditions: 1. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 4. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 5. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 7. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 8. That prior to final approval, the owner/applicant submit the completed Section 59 Notice under the Clean Water Act, to the satisfaction of the Region of Waterloo. 9. That Minor Variance Application A2021-079 for 1770 King St. E and Minor Variance Application A2021-080 for 815/825 Weber St. E. receive final approval. 10. That the Owner receive approval of a site plan application, one for each the severed and retained lands, to revise the existing parking lot to delineate the new property line, by removing hardscape non-functional parking areas and adding additional landscaping, and addressing waste storage/removal in accordance with the City of Kitchener Urban Design Manual. II. That application B2021-041 requesting permission to sever a parcel that is addressed as 1770 King Street East that is 41.51 metres in width, 61.51 metres in depth, with a lot area of 2335 square metres, be approved subject to the following conditions: 1. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 4. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 5. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 7. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 8. That prior to final approval, the owner/applicant submit the completed Section 59 Notice under the Clean Water Act, to the satisfaction of the Region of Waterloo. 9. That Minor Variance Application A2021-079 for 1770 King St. E and Minor Variance Application A2021-080 for 815/825 Weber St. E. receive final approval. 10. That the Owner receive approval of a site plan application, one for each the severed and retained lands, to revise the existing parking lot to delineate the new property line, by removing hardscape non-functional parking areas and adding additional landscaping, and addressing waste storage/removal in accordance with the City of Kitchener Urban Design Manual. III. That Minor Variance Application A2021-079 for 1770 King St. E. that is seeking relief from Section 55.2.1 to allow the maximum front yard setback to be 11.5 metres rather than the required 7.5 metres, be approved for the buildings existing as of July 20, 2021. IV. That Minor Variance Application A2021-080 for 815/825 Weber St. E. is seeking relief from Section 55.2.1 to allow the minimum rear yard setback to be 1.3 metres rather than the required 7.5 metres and relief from Section 55.2.1 to allow the maximum front yard setback to be 8.5 metres rather than the required 7.5 metres, be approved for the buildings existing as of July 20, 2021. REPORT HIGHLIGHTS: Consent Application B2021-040 is seeking permission to sever a parcel that is addressed as 815/825 Weber Street East that is 35.90 metres in width, 93.92 metres in depth, with a lot area of 4050 square metres, from the retained lands addressed as 1770 King Street East. Consent Application B2021-041 requesting permission to sever a parcel that is addressed as 1770 King Street East that is 41.51 metres in width, 61.51 metres in depth, with a lot area of 2335 square metres, from the retained lands addressed as 815/825 Weber Street East. Two consent applications are proposed so that the severed and retained can be conveyed in any order. Minor Variance Application A2021-079 for 1770 King St. E. is seeking relief from Section 55.2.1 to allow the maximum front yard setback to be 11.5 metres rather than the required 7.5 metres. Minor Variance Application A2021-080 for 815/825 Weber St. E. is seeking relief from Section 55.2.1 to allow the minimum rear yard setback to be 1.3 metres rather than the required 7.5 metres and relief from Section 55.2.1 to allow the maximum front yard setback to be 8.5 metres rather than the required 7.5 metres. Location Map — 1770 King Street East & 815/825 Weber Street East BACKGROUND: The proposed severed lands are designated as Mixed Use Corridor with Special Policy Area 1 in the King Street East Secondary Plan and identified as an Urban Corridor on the City's Urban Structure Map. The lands are zoned as High Intensity Mixed Use Corridor Zone (MU -3) in Zoning By-law 85-1 and 1770 King Street East is subject to Special Use Regulation 401U which require a Record of Site Condition prior to any sensitive land uses being permitted. REPORT: Planning Comments: Minor Variance Applications A2021-079 & A2021-080 General Intent of the Official Plan Mixed Use Corridors are linear in form and recognize the evolution of uses along major corridors in the inner city. These corridors are primarily intended to serve the adjacent residential neighbourhoods, and allow for intensive, transit supportive development. Mixed Use Corridors provide residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time, it is intended that the Mixed -Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. Special Policy Area 1 of the King Street Secondary Plan also applies to the properties, which identifies that the long-term objective for the corridor to develop as a high-profile entranceway to the City consisting of office, high density residential and institutional uses in mixed use buildings with ground floor commercial uses. Special Policy Area 1 also recognizes existing uses within the King Street Mixed -Use Corridor. The variances are required to legalize the existing setback of the buildings only and it is intended that when these properties will redevelop, the new built form with further implement the direction of the Official Plan. Planning staff are of the opinion that the requested minor variances meet the intent of the Official Plan. General Intent of the Zoning By-law The MU -3 zoning that applies to the properties permits a greater development potential than exists on site today, and requires a minimum floor space ratio of 1.0 for buildings constructed after the date the MU -3 zone was applied to the property. The zoning was applied through a City -initiated application to permit redevelopment and additional development within the King Street East Mixed Use Corridor. In this case, the variances are needed to legalize the existing buildings based on the existing and newly created yards that are a result of the severance. No new buildings or comprehensive redevelopment is proposed at this time. The requested variances meet the intent of the Zoning By-law as they apply to the existing buildings only, and any new development will comply to all regulations. Are the Variances Minor? The requested variances are minor and will allow the properties to be severed. The buildings are all existing and no changes to the built form are proposed. Are the Variances Appropriate? The variances are appropriate and will allow the owner to sever the properties and allow them to convey each separately. Severance Applications B2021-040 & B2021-041 With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The severed and retained lands front onto an established public street, and the severed and retained lands can be serviced with municipal services. Each property can be retained with some slight modifications to existing parking areas to allow for the ongoing use of each property. A condition is proposed to require a site plan approval of each property to remove the access across the properties and to remove parking spaces that are not functional based on the new property line as no access easement is desired between the properties by the owner. The site design, including storm water management, landscaping, waste removal, and revised fire routes will be addressed through the site planning process. Properties within the King Street Mixed -Use Corridor are planned to be redeveloped at a greater scale than the commercial uses that exist today. Both the severed and retained lands are sized and positioned appropriately and will not limit redevelopment potential. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. City Planning staff conducted a site visit of the property on July 2, 2021 Existing Commercial Plaza at 815/825 Weber Street East Existing Commercial Building at 1770 King Street East Li:'T i WEBER STREET EAST IFQR'MHiLY 648T.5VF]YIe INME CWVMfiE @Y 6YtAW 5513, N8T. Ya 31T613] (os'E>7eQe ert,Rw rxx� — Tn37 — — — 33.i? g5pj Y —f Pl �Q oe c +r^ NOTES: F __J14 MltlIRArMu:�Y REFP rARO XY.TaRL11 TO Bd, T.YEIPE6R9iffL f . f T 1. 6._ "' � — — — Of TfC♦TSRETRE5 ':.MlElatlrAWREEFJYfIR_hfIYII,L • aCTewx TO Rdd, YETREB RSiflL RR TIl IY1J� 15 �TRf 5 MID D 2JJ F - FT +. F -' - r` I' - IANMVAliEMCE FOQ EXS 3 +r^ NOTES: F __J14 MltlIRArMu:�Y REFP rARO XY.TaRL11 TO Bd, T.YEIPE6R9iffL x -"�. 6._ "' � — — — Of TfC♦TSRETRE5 ':.MlElatlrAWREEFJYfIR_hfIYII,L • aCTewx TO Rdd, YETREB RSiflL RR TIl IY1J� 15 �TRf 5 MID D 2JJ LOFHNf{ELLE tb.fQ-a'SE-19 .{CIO Gro�1T,�TORE� YERE� ` i9 NBTbL Cf THE REfaJiREP 1.5 YETREd d t � :q YEYkC4^ ... '"�YIIIIDET EacReIlTr SEVERANCE VARIANCE �YAIJ HAJPiH,SI.RYEY1hf�PJC AND MINOR SKETCH �� 0312- 1 0 CALTON_ . 0b.=YERE11 ST.[I d 1. 11��N6TAEWIO: BLRa£YAM dH 13"M6TYE.IkfEQ FCN — — — — — — — — —IRP ,LO 34 + Q u:: r I- - - - - - - - I��•�I •� sY� LOT 33 [- T KING STREET iwIQErEn eY eTiAw�m,. aver. Yn. ave3exi n., ass?.-�.�-.�r'r• -"��- /��r�'',,�``,,�l�7 TraYaAcnaeon Rlcrrlev3E Pcan:�a 2 1H3 R10=rTAV6PibOFECEH]FIYRPYHCfiL �ffi1 {la NOTES: $-. Y. OEQ•lWFHC QE�HQft L4R632A, RE:QE41fEfa<Q FYHIB .; � � 3b5� SCF YIF1'JEIER RERg1UL 1AJIKWtf6'!CF "' � 2 T�TN!lE6 QH lfaG RfNAFE �i]WIIN RETF1Ee flDCNIf1E - - - � ': canr�mE V Tn�ET errna nQ ero3we. i Evafraa8rsn nae ma:scll ua=�vaslraEv erR,FTxa S � LOFHNf{ELLE tb.fQ-a'SE-19 YO�', m:. d. 11�E14=rQ416 MI QIKNHLFEI.B6BEEQ EIY TFE EETreTQwaeEx {} ZONIM1 CESF *1 TION MU 3 BE Trek 5511 PEaiaPEQ 9E4EPE6 9E�EPEUJ Y L40ivnLLT. 14. ;� 5� C C WE I.L 11 T 1-.ET r - �fiMC 9E L;:r ..- YIYY4al RfiR uN<D R 5 C �YNQR vuP e..s.RdOURE� F,a„ e1aA ia!_. MVai Harter SURVEY[4G INC LI-ERZ YuyaEM'�ba OryA RY f,6]@-Ffi, /R: SERI=I-Tl6] iR §1 ,10 11ad:910:'lfLl Vil9 PM3EARE3ION T� .. WIPa'.YAETIaB91.WIR � TlQmlyd��l1 Y.h6eprpEq R'f�3a�wxT[8ALV0 9EV4QT aar n mewrsan .TWtl0larn unYxmEl �o Proposed Severance Sketch Building Comments: The Building Division has no objections to the proposed applications. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for removal of any redundant service connections and the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Trevor Jacobs (trevor.jacobs@kitchener.ca). Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks/Operations Comments: The parkland dedication requirement for this technical severance application to separate PINs is deferred and will be assessed at a future planning application. Environmental Planning Comments: No environmental planning concerns. Region of Waterloo Comments: The owner/applicant is proposing a technical severance to separate PINs 22574-0016 and 22574- 0017 from 22574-0014 so that a consent on both properties can be conveyed in any order. The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The owner/applicant is required to submit a Section 59 Notice (Notice of Source Protection Plan Compliance) under the Clean Water Act as part of a complete Planning Act application. Regional staff did not receive this notice as part of the application and it appears that the subject lands are located in a source water protection area, where some activities are managed by policies under the Source Protection Plan. To determine the specific source protection policies that apply to these lands, the owner/applicant is required to complete a brief questionnaire about the current and/or planned activities on these lands at the following website: taps. regionofwaterloo.ca. The Region has no objection to the proposed application [subject to the two Regional conditions listed above]. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous authorities on this matter. N, r Region of Waterloo Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT July 12, 2021 Re: Comments for Consent Applications B2021-036 to B2021-041 Committee of Adjustment Hearing July 20, 2021 CITY OF KITCHENER B2021-036 301 Thaler Avenue, Kitchener Ilir Mejzinolli The owner/applicant is proposing a severance to facilitate the construction of a new detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within the 6km airport zoning regulated area and are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbelKabregion ofwaterloo.ca Document Number: 3731089 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 0011YA11MINYI 362 Lancaster Street West, Kitchener Steward Sulpher; Ken Droumtsekas (agent) The owner/applicant is proposing to split the lot to create two semi-detached homes. Water Services (Advisory Comments): The existing 450mm dual ownership watermain is planned for replacement in 2023 in conjunction with Regional TCP 5497, which includes replacement of a dual 450mm watermain with a 450mm Regional watermain and a local watermain. Ultimately, the services to this property will be off the local watermain Dedicated Road Widening: A dedicated road widening of approximately 3.Om will be required to comply with 26.213m designated road width of Lancaster Street West (RR #29) at this location. An Ontario Land Surveyor (OLS) would determine the exact amount of road widening. A draft R Plan prepared by an OLS must be provided for review, prior to depositing the plan with the Land Registry office. All costs associated with the road dedication will be the owner's responsibility. The severance plan should be updated to show the lands to be dedicated to the Region The lands will be accepted "AS IS" without the need of an Environmental Site Assessment report for purpose of the road dedication. Access Permit (Advisory Comments): A Regional access permit with fee of $100 each will be required for each of the proposed new dwellings on the severed and the retained lots. The existing access would be closed and the Regional road boulevard restored to Regional standards as a condition of the access permit. The access permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Application-and- Payment-for-an-Access-Permit Detailed Grading Plan: Document Number: 3731089 A detailed Site Grading plan will be required showing the existing and the proposed grades on the lands abutting the Regional road and along the proposed entrances. Environmental Noise: The existing and the proposed development likely will have impacts from road noise on Lancaster Street West (RR #29). Staff also note that there may be stationary noise sources in the vicinity. Therefore, an environmental noise study will be required to assess the impacts of transportation noise and the required mitigation measures for residential dwellings on both severed and retained lots. The requirement and implementation of an environmental noise study through a registered agreement with the Region of Waterloo will be a Regional condition for the above application. A qualified noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. perm itcentral.ca/Perm it/GrouPAPPIy?qrouPId=3 Site Servicing / Work Permit / Municipal Consent (Advisory Comments): A servicing plan has not been received with the above application. A Municipal Consent will be required for the installation of any new / update to the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, please visit https://rmow.permitcentral.ca/ for further guidance. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3) That prior to final approval, the owner/applicant complete the required Site Grading plan to the satisfaction of the Region of Waterloo. Document Number: 3731089 4) That prior to final approval, the owner/applicant complete an Environmental Noise Study and enter into an agreement with the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, to the satisfaction of the Region of Waterloo. 0011YA MIKE] 257 Dumfries Avenue, Kitchener Dario Kokorovic and Tanja Cvijetic The owner/applicant is proposing to sever the lands into two (2) lots, to allow for the construction of two duplex dwellings. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise Study: The residential dwellings on the severed and the retained lots will be located in close proximity (approximately 75m) of Conestoga Parkway/Highway 7 having a noise attenuation wall along the highway. The proposed dwelling units likely would have environmental noise impacts from the traffic. In lieu of the applicant undertaking a detailed environmental noise study to assess the environmental noise impacts on the proposed residential dwellings on retained and severed lots, and implementing the recommendations from the noise study through a registered agreement with the City of Kitchener, Regional staff agree to secure and implement the conditions below through a registered agreement with the City of Kitchener, for the all dwellings units on both, the retained and the severed lots: A) The dwelling will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in the future, at the occupant's discretion. B) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: 1) "The purchasers / tenants are advised that sound levels due to increasing road traffic on Conestoga Parkway/Highway 7 may occasionally interfere with Document Number: 3731089 some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". 2) "This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". C) 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 buildings plans and the dwelling units have been constructed accordingly. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That 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: i. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. ii. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: a. "The purchasers / tenants are advised that sound levels due to increasing road traffic on Conestoga Parkway/Highway 7 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". Document Number: 3731089 b. "This dwelling has been fitted with a forced air -ducted heating system and has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP)". iii. That prior to the issuance of any building permits, the City of Kitchener's Building Inspector will certify that the noise attenuation measures are incorporated in the buildings plans and the dwelling units have been constructed accordingly. 0011Y.4 R*P-1 102 Waterloo Street, Kitchener 2820580 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc) The owner/applicant is proposing to sever the parcel into two (2) separate properties, demolish the existing house and build two (2) new single detached homes. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: The proposed dwellings on the severed lot and the retained lot will be located within 300 of the Region of Waterloo railway mainline. Therefore, as a Regional condition, the following noise warning clause is required to be registered on title for the dwellings on both, the severed and the retained lots, through an agreement with the City of Kitchener: A) "Warning: The Region of Waterloo / Canadian National Railway Company (CNR) or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The Region of Waterloo / CNR will Document Number: 3731089 not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The following noise warning clauses be included in all offers of purchase, deeds and rental agreements "Warning: The Region of Waterloo / Canadian National Railway Company (CNR) or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). The Region of Waterloo / CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." B2021-040 and B2021-041 1770 King Street East, 815 and 825 Weber Street East, Kitchener Skyline Commercial Real Estate Holdings; Mackenzie Streutker (Van Harten) The owner/applicant is proposing a technical severance to separate PINs 22574-0016 and 22574-0017 from 22574-0014 so that a consent on both properties can be conveyed in any order. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Water Resource Protection: Document Number: 3731089 The owner/applicant is required to submit a Section 59 Notice (Notice of Source Protection Plan Compliance) under the Clean Water Act as part of a complete Planning Act application. Regional staff did not receive this notice as part of the application and it appears that the subject lands are located in a source water protection area, where some activities are managed by policies under the Source Protection Plan. To determine the specific source protection policies that apply to these lands, the owner/applicant is required to complete a brief questionnaire about the current and/or planned activities on these lands at the following website: taps. regionofwaterloo.ca. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant submit the completed Section 59 Notice under the Clean Water Act, to the satisfaction of the Region of Waterloo. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner Document Number: 3731089 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28,120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 — 29 Floral Crescent — No Concerns. 2) A 2021-062 — 316 Quaiser Court — No Concerns. 3) A 2021-063 — 48 Martin Street — No Concerns. 4) A 2021-064 — 34 Uxbridge Crescent — No Concerns. 5) A 2021-065 — 117 Golden Meadow Crescent — No Concerns. 6) A 2021-066 — 195 Yellow Birch Drive — No Concerns. 7) A 2021-067 — 806 Belmont Avenue West — No Concerns. 8) A 2021-068 — 71 Massey Avenue — No Concerns. 9) A 2021-069 — 926 & 936 King Street East — No Concerns. 10) A 2021-070 — 124 Walker Street — No Concerns. 11) A 2021-071 — 19 Anson Court — No Concerns. 12) A 2021-072 — 53 Plaza Court — No Concerns. Document Number: 3713197 Page of 2 13) A 2021-073 — 538 Victoria Street South — No Concerns. 14) A 2021-074 — 42 Florence Avenue — No Concerns. 15) A 2021-075 — 10 Pearson Street — No Concerns. 16) A 2021-076 — 61 Strange Street — No Concerns. 17) A 2021-077 — 102 Waterloo Street (Retained) — No Concerns. 18) A 2021-078 — 102 Waterloo Street (Severed) — No Concerns. 19) A 2021-079 — 1170 King Street East — No Concerns. 20) A 2021-080 — 815 & 825 King Street East — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, A Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(u-)- Kitchener. ca 0 atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion July July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Applications for Consent (Continued) B 2021-040 1170 King Street East, 815 & 825 Weber Street East B 2021-041 1170 King Street East, 815 & 825 Weber Street East The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority