HomeMy WebLinkAboutDSD-2021-129 - B 2021-036 - 301 Thaler AveREPORT TO:Committee of Adjustment
DATE OF MEETING:July 20,2021
SUBMITTED BY:Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY:Dumart, Craig, Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED:Ward2
DATE OF REPORT:July 8,2021
REPORT NO.:DSD-2021-129
SUBJECT:Consent ApplicationB2021-036
301 Thaler Ave
Owners: Ilir Mejzinolli
Applicant: Ilir Mejzinolli
RECOMMENDATION:
That application B2021-036for 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 paysto 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 Surveyorin PDF and either .dwg (AutoCad) or .dgn (Microstation)
format, as well as two full size paper copies of the plan(s).The digital file needs to
be submitted according to the City of Kitchener's Digital Submission Standards to
the satisfaction of the City’s Mapping Technologist.
4.That the Owner makesfinancial 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 providesa 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 canbe 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.
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:
Asingle detached dwelling on the propertyis currently under constructionandis proposed to remain
on theretain lands while anew vacant lot will be created for a future single detached dwelling onthe
severedlands. 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 15.742metres, a depth of 24.364metres, and an area of 383.538square metres
while the retained lot would have a lot width of 12.302metres, a depth of 24.364metres, and an
area of 303.56square 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 concernswith the proposed application.
Environmental Planning Comments:
Environmental Planning hasno 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 l.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 onthe 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.
Peter Ellis
519-503-2536
D20-20/21 KIT
July 12, 2021
Dianna Saunderson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re:Comments for Consent Applications B2021-036 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: KCampbell@regionofwaterloo.ca
Document Number: 3731089
The Region has no objectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
B2021-037
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 3.0m 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 costsassociatedwith 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 $100each will be required for each of the
proposed new dwellings on the severed and the retained lots.The existing access
would be closedand 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 fromroad 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 willbe 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
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 existingservice
connections. Also, a Region of Waterloo Work Permit must be obtained from the Region
of Waterloo prior to commencing construction within the Region’ s rightof way. In this
regard, please visit https://rmow.permitcentral.ca/for further guidance.
The Region has no objectionto 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)Thatprior 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 anEnvironmental
Noise Study and enter into an agreement withthe Region of Waterlooto provide
for implementation of the accepted noise assessment attenuation measures,to
the satisfaction of the Region of Waterloo.
_____________________________________
B2021-038
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 staffagreetosecure and
implement the conditionsbelowthrough a registered agreement with the City of
Kitchener, for the alldwellings units onboth, the retainedand 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 onConestoga 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 noobjectionto 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.Thedwelling 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 landswill 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.
_______________________________________________
B2021-039
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 objectionto 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
i.“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, notwithstandingthe 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
and22574-0017 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 Actas part of a complete Planning
Actapplication. 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 objectionto 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
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 Page 1 of 2
the Grand River Conservation Authority.
Applications for Consent (Continued)
B2021-0401170 King Street East, 815 & 825 Weber Street East
B2021-0411170 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 aherreman@grandriver.ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority