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Home My WebLink AboutCA - 2021-07-20COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021CITY OF KITCHENER The Committee of Adjustment held an electronicmeeting on this date, commencing at10:00a.m. Present:D. Cybalski -Chair B. McColl S. Hannah M. Kidd J. Meader Officials:J. Oosterveld, Manager,Site Development G. Stevenson, Manager, Development Services C. Dumart, Intermediate Planner S. Rice Menezes, Planning Technician S.Ryder, Transportation Services D. Saunderson, Committee Administrator S. Goldrup, Committee Administrator K. Hilborn, Administrative Clerk MINUTES Moved byM. Kidd Seconded by B. McColl That the regular minutes of the Committee of Adjustment meeting held June 15, 2021,as circulatedto the members, be accepted. Carried APPOINTMENTS OF ACTING SECRETARY-TREASURERS Moved by M. Kidd Seconded by B. McColl That S. GoldrupandK. Hilbornbe appointed as Acting Secretary-Treasurers of the Committee of Adjustment. Carried UNFINISHED BUSINESS: MINOR VARIANCE APPLICATION: 1.Submission No.:A 2021-052 Applicants:Annette and Raymond Higgins Property Location:74 Chestnut Street Legal Description:Part 1 of Lot 12, Plan 144 Appearances: In Support:A. Higgins Contra:None Written Submissions:R & A. Higgins M & R Wagenknecht The Committee previously deferred the subject application at the June 15, 2021, Committee of Adjustment meeting, where the applicant amended their application to request permission to construct a 2-storey addition and garage in the rear yard of an existingsingle detached dwelling having a side yard abutting Mansion Street of 0.88m rather than the required 4.5m; an uncovered porch having a 0m setback from Mansion Street rather than the required 4.5m; a raised covered deck having a height of 1.2m to be located 0.6m from the southerly lot line rather than the required 1.2m; the required off street 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 COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-159 -CITY OF KITCHENER 1.Submission No.:A 2021-052(Cont’d) within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. The existing rear yard deck, addition, and shed are proposed to be demolished. The Committee considered Development Services Department report DSD-2021-132 dated July 20, 2021, recommending approval of the amended application subject to the conditions outlined in the report; and further, that the request for permission to construct a detached carport to be located 1.74mfrom the Mansion Street lot line be refused. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated May 31, 2021, advising they have no concerns with the application. The Committee was in receipt of a written submission from the property owner requesting an amendment to the subject application to construct a detached carport to be located 3.5m from the Mansion Street rather than the required 6m, rather than the proposed setback of 1.74. A. Higgens was in attendance in support of the application, stating in consultation with staff they had provided a written submission to amend the setback for the proposed carport and are nowin support of staff recommendationto approve the application including the proposed amendment. In response to questions, A. Higgens reported their neighbour’s support for the carport’s roofline to be set back in line with the house wall and their willingness to be flexible in the structure’s location and length. In response to questions,staff shared their support for aligning the carport roof with the house wall but were not in support with locating the carport any closed to the property line. B. McColl noted the amendments that the applicant had made since the Committee had previously reviewed the application and commended the solutions proposed. B. McColl moved that the amended application be approved as presented. It was suggested and agreed that the wording of the condition beamended to require a building permit application, and the language regarding “Failure to complete the conditions will result in this approval becoming null and void” be removed. Moved by B.McColl Seconded by S. Hannah That the application of ANNETTE HIGGINS and RAYMOND HIGGINSrequesting permission to construct a garageand carportin the rear yard of an existing single detached dwelling havingthe required one off-street parking spaceto be located 1.41mfrom the property line abutting Mansion Street; araised covered deck in the rear yard, having a height of 1.2m, to be located 0.6mfrom the southerly lot line rather than the required 1.2m;a side yardsetback for the one and two-storey additionabutting Mansion Street of 1.23mrather than the required 4.5m;an uncovered porch, with a height greater than 0.6mabove grade, having a 0.92msetback from the Mansion Street lot line rather than the required 4.5m; and encroachment of1.71minto the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; having a setback for the proposed garage of 2.28m from the property line abutting Mansion Street rather than the required 6m; and, to construct a detached carport to be located 3.5m from the Mansion Streetrather than the required 6m,on Part 1 of Lot 12, Plan 144, 74 Chestnut Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall ensure the detached garage maintains a minimum setback from the rear lot line of 2.6 metres 2.That the owner shall apply for a building permit to the satisfaction of the City’s Building division. 3.Thatthe owner shall completeconditions 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. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-160 -CITY OF KITCHENER 1.Submission No.:A 2021-052(Cont’d) 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1.Submission No.:A 2021-061 Applicants:Janet Vivian Property Location:29 Floral Crescent Legal Description:Part Lots 5 and 6, Plan 649 Appearances: In Support:M.Ganigan Contra:None Written Submissions:None The Committee was advised the applicant requested permission to construct a sunroom in the rear yard of an existing single detached dwelling, having a rear yard setback of 5mrather than the required 7.5m. The Committee considered Development Services Department report DSD-2021-137 dated July 9, 2021, recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29, 2021, advising they have no concerns with this application. M. Ganigan was in attendance in support of the application and staff’s recommendation. In response to questions, M. Ganigan spoke to the tree’s location in the rear yard, its proximityto the existing deck, and the potential excavation. It was suggested and agreed that the wording of the condition be amended to notethe height of the sunroom as1-storey. Moved byS. Hannah Seconded byJ. Meader COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-161 -CITY OF KITCHENER 1.Submission No.:A2021-061(Cont’d) That the application of JANET VIVIANrequesting permission to construct a1-storeysunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 5m rather than the required 7.5m, on Part Lots 5 and 6, Plan 649, 29 Floral Crescent, Kitchener, Ontario, 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 orthe 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. It is the opinion of this Committee that: 1.The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 2.Submission No.:A 2021-062 Applicants:Vince and Josephine DiMartile Property Location:316 Quaiser Court Legal Description:Lot 89, Plan 1595 Appearances: In Support:V.DiMartile Contra:None Written Submissions:None The Committee was advised the applicants are requesting permission to construct a covered porch in the rear yard of an existing single detached dwelling having a rear yard setback of 5.65mrather than the required 7.5m. The Committee considered Development Services Department report DSD-2021-135dated July 8,2021,recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29, 2021,advising they have no concerns with this application. V.DiMartilewas in attendance in support of the application and staff’s recommendation. J. Meader noted the subject application is similar to the previous minor variance application, noting her opinion the conditions outlined in the staff recommendation seem more onerouseven though the requests seemed similar in nature. It was suggested and agreed that the wording of the decision be amended to clarify the approval is for a 1-storeycovered porch; and, to remove conditions 1 and 3 to reflect a similar approach in the previous approval. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-162 -CITY OF KITCHENER 2.Submission No.:A 2021-062(Cont’d) Moved byB. McColl Seconded by S. Hannah That the application of JOSEPHINE DI MARTILE and VINCENT DI MARTILErequesting 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, on Part Lots 5 & 6, Plan 649, 316 Quaiser Court, Kitchener, Ontario, 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 submittedprior to the issuance of a Building Permit. It is the opinion of this Committee that: 1.The variance requested in this application isminor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 3.Submission No.:A2021-063 Applicants:Ruchit Sharma Property Location:48 Martin Street Legal Description:Part of Lot 11, Registered Plan 280 and Part of Lot 235, Subdivision of Lot 17, German Company Tract Appearances: In Support:R. Sharma Contra:None Written Submissions:None The Committee was advised the applicants are 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. The Committee considered Development Services Department report DSD-2021-133dated July 9, 2021,recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29,2021,advising they have no concerns with this application. R. Sharmawas in attendance in support of the application and staff’s recommendation.In response to questions, R. Sharmaconfirmed that the third unit would be an in-law suite in the basement. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-163 -CITY OF KITCHENER 3.Submission No.:A 2021-063(Cont’d) In response to questions, J. Oosterveldadvised as the applicant is converting the property into the tripleximposesthe requirement to obtain site plan approval, noting it would be a scoped approval to confirm matter such as the location of the required parking. It was suggested and agreed thatan additional condition be included in the Committee’s decision this daterequiring the owner to apply for a building permit to the satisfaction of the City’s Building Division. Moved byS. Hannah Seconded by B. McColl That application of RUCHIT SHARMArequesting 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 spaceson,Part of Lot 11, Registered Plan 280 and Part of Lot 235,Subdivision of Lot 17, German Company Tract,48 Martin Street, Kitchener, Ontario,BE APPROVED, subject to the following conditions: 1.That the owner submits a site plan application tothe 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. 3.That the owner shall apply for a building permit to the satisfaction of the City’s Building Division. It is the opinion of this Committee that: 1.The variance requested in this application isminor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 4.Submission No.:A 2021-064 Applicants:Melanie Luyten and Justin Mosterd Property Location:34 Uxbridge Crescent Legal Description:Lot 36, Plan 1441 B. McColl declared a pecuniary interest with this application asa family member had some involved in thesubject application. As such, he did not participate in any discussion or voting with respect to this application and left the meeting for the remainder ofthis time. Appearances: In Support:I.Kent Contra:None Written Submissions:None COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-164 -CITY OF KITCHENER 4.Submission No.:A 2021-064(Cont’d) The Committee was advised the applicants are requesting 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 0m rather than the required 0.6m. The Committee considered Development Services Department report DSD-2021-138dated July 9, 2021,recommending approval. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29, 2021,advising they have no concerns with this application. I.Kentwas in attendance in support of the application and staff’s recommendation. In response to questions, J. Oosterveld spoke to the conditions for site plan controls. It was suggested and agreed that the wording of the Committee’s decision this date be amended to restrict the approval to for the height of the covered patio to one storey. Moved byJ. Meader Seconded by S. Hannah That application of MELANIE LUYTEN AND JUSTIN MOSTERD requesting permission to allow a new attached1-storey garage with rear covered patio having a northerly side-yard setback of 0.6m whereas 1.2mis required, and an existingdriveway to have a northerlyside-yard setback of 0.0m where 0.6mis required,on Lot 36, Plan 1441,34 Uxbridge Crescent, Kitchener, Ontario,BE APPROVED. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 5.Submission No.:A 2021-065 Applicants:Aimee and Paul Tyrrell Property Location:117 Golden Meadow Crescent Legal Description:Lot 37, Plan 1564 Appearances: In Support:R.Sajkunovic Contra:None Written Submissions:None The Committee was advised the applicants are requesting permission to 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. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-165 -CITY OF KITCHENER 5.Submission No.:A 2021-065(Cont’d) The Committee considered Development Services Department report DSD-2021-118dated June 9, 2021,recommending approvalof this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29,2021,advising they have no concerns with this application. R.Sajkunovicwas in attendance in support of the application and staff’s recommendation. In response to questions, staff discussed parking requirements. It was suggested and agreed that the wording of the conditionbe amended torequire the owner to apply for building permit. Moved byJ. Meader Seconded by S. Hannah That the application of AIMEE TYRELL and PAUL TYRRELLrequesting permission for an existing single detached dwelling to have the required off-street parking spaces located 1.63m from the property line rather than the required 6m, on Lot 37, Plan 1564, 117 Golden Meadow Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1.That the owner shall applyfor a building permitto the satisfaction of the City’sBuilding Division. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Lawand Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 6.Submission No.:A 2021-066 Applicants:JeffreyDavisand Judith Davenport Property Location:195 Yellow Birch Drive Legal Description:Lot 80, Plan 1600 Appearances: In Support:R.Sajkunovic Contra:None Written Submissions:None The Committee was advised the applicants are requesting 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. TheCommittee considered Development Services Department report DSD-2021-131dated July 12,2021,recommending approval subject to conditions as outlined in the report. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-166 -CITY OF KITCHENER 6.Submission No.:A 2021-066(Cont’d) The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29, 2021,advising they have no concerns with this application. R.Sajkunovicwas in attendance in support of the application and staff’s recommendation.In response to questions, R.Sajkunovicconfirmed that there would be no customer parking or sales conducted at the property. It was suggested and agreed that the wording of the condition2 outlined in the staff recommendationbeamended to requirethe owner to apply fora building permit rather than obtain; and, that the language outlined in condition 3 of the staff recommendation regarding “Failure to complete the conditions will result in this approval becoming null and void” be removed. Moved byJ. Meader Seconded by M. Kidd That the application of JEFFREY DAVIS and JUDITH DAVENPORTrequesting 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, on Lot 80, Plan 1600, 195 Yellow Birch Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning division, 2.That the ownershallapplyfor a building permit from the Building Division. 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 inthis decision. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 7.Submission No.:A 2021-067 Applicants:Ian Goldberg andKatrinaHanna Property Location:806 Belmont AvenueWest Legal Description:Lot 68, Plan 203 Appearances: In Support:I.Goldberg K. Hanna Contra:None Written Submissions:None COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-167 -CITY OF KITCHENER 7.Submission No.:A 2021-067(Cont’d) The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD-2021-113dated July 6, 2021,recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29, 2021,advising they have no concerns with this application. I.Goldberg and K. Hanna werein attendance in support of the application and staff’s recommendation. Moved byB. McColl Seconded by S. Hannah That the application of IAN GOLDBERG and KATRINA HANNArequesting 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, on Lot 68, Plan 203, 806 Belmont Avenue West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.The owner shall submit revised permit drawings to the Building Division. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act,all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 8.Submission No.:A 2021-068 Applicants:Linda Shamoun and Fadi Khoshaba Property Location:71 Massey Avenue Legal Description:Lot 228, Plan 923 Appearances: In Support:L.Shamoun Contra:None Written Submissions:None The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD-2021-139dated July 9, 2021,recommending approval. The Committee considered the report of the Region of Waterloo, Transportation Planner,dated June 29, 2021,advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-168 -CITY OF KITCHENER 8.Submission No.:A 2021-068(Cont’d) L.Shamounwas in attendance in support of the application and staff’s recommendation.In response to questions, L.Shamounconfirmed that there is access to the rear yard on the carport side of the property. Moved byM. Kidd Seconded by B. McColl That application of LINDA SHAMOUN AND FADI KHOSHABArequesting 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 on Lot 228, Plan 923,71 Massey Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 9.Submission No.:A 2021-069 Applicants:926 King Development Inc C/O Corley Developments Inc Property Location:926 & 936 King StreetEast Legal Description:Lot 37and 38, Plan 218, Part of Lot 36 Appearances: In Support:P.ChauvinM.Przewieda S. Litt Contra:A. WelchC. Kozlowski J. LeasaS. Angelopoulos Written Submissions:S. AlbrechtS. Angelopoulos C. KozlowskiA. Welch M. BowmanA. Balodis The Committee was advised the applicants are requesting 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 541R 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. The Committee considered Development Services Department report DSD-2021-128 dated July 7, 2021, recommending refusal of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29, 2021, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-169 -CITY OF KITCHENER 9.Submission No.:A 2021-069(Cont’d) A. Welch; C. Kozlowski; J. Leasa; and, S. Angelopoulosspoke in opposition to the proposed development. The Committee heard concerns regarding the height and massing of the wall, the increase in traffic and street parking, and the size of the proposed landscape buffer. The Committee heard requests for a visual impact assessment, a shadow impact study, and public commercial space on the ground floor. P. Chauvin was in attendance in support of the application and opposition to staff’s recommendationand the need to apply for a Zone Change rather than a minor variance application other than for need for public engagement. P. Chauvin stated they did independently complete a public engagement,and based upon that meeting,they did make some design changes,including changes rear elevation as an example. P. Chauvin noted the site’s brownfield designation, indicating they are in the process of completing a Record of Site Condition. P. Chauvin stated the location was identified for intensification in the King Street Secondary Plan and is mixed-use with a Floor Space Ratio (FSR) of 4.0. P. Chauvin commented the development is below the maximum FSR but exceeds the permitted maximum height outlined in the Zoning By-law. P. Chauvin indicated the Special Regulation related to the height is intended to address the compatibility of the height to the adjacent low-rise residential properties. P. Chauvin advised to address the transition with the low-rise residential building the proposed development to the maximum edge of the property along King Street,and there are no balconies proposed to be at the rear of the building. P. Chauvin advised Planning staff have notedtheir appreciation for the proposed design but are not supportive of the building height or the parking variance. P. Chauvin further advised a Transportation Impact Study (TIS) was submitted, which supported the parking rate as requested. This was base on the proximity of Light Rail Transit and proposed Transportation Demand Management measures, which can be formalized through the Site Plan approval process. P. Chauvin indicated the report that the development generally conforms with the Official Plan, as outlined in the staff report. P. Chauvin further noted the secondary plans are currently under review and the subject property was identified as having a 10-storey building, which was reduced to 8- stories at an earlier Council meeting, noting the property was previously identified for height. P. Chauvin spoke to the transition with residential low-rise properties and the requirement for a 15m setback, noting they were proposing 18m setback. P. Chauvin further advised the Zoning By-law does not speak to penthouses and the additional Gross Floor Area, stating the new Zoning By-law also does not consider penthouses for inclusion in the maximum building height. P. Chauvin finally advised with the design of this building, the massing and design fronting onto King StreetEast to minimize the impacts on the neighbours. P. Chauvin indicated the property is proposed to be a rental property, which is an identified need in the community. P. Chauvin spoke to the additional variance noted in the staff report and suggested the building height be clarified to exclude the penthouse from the building height of 32m provided the development meets the setback of 18m. And further that the Corner Visibility Triangle (CVT) be amended to reflect the definition of the CVT proposed in the newBy-law, which would reduce the CVT to 6m by 3m and permit pillars on both corners to support the cantilevered structure to encroach into the CVT to support the mass onto the Street. P. Chauvin indicated they have completed the shadow study and included itwith the application, indicating the shadow impact is nominal. The Chair noted he was in support of the application, noting it meets the Official Plan, it is minor in nature as there is an error in the calculation, stating it is not 164% higher than the By-law permits it is 64%. In regards to the parking concerns,he stated he believed Transportation Services could address it. S. Hannah questioned why the applicant did not apply for a Zoning By-law amendment when staff noted at a pre-consultation hearingthat was required. P. Chauvin stated they were not in agreement with the staff position. In response to further questions, P. Chauvin advised the unit- layout and the parking ratio aresupportable noting the building is on a transit and cycling route, in addition to implementing the TDM measure. In response to further questions, P. Chauvin stated the increase in height is approximately 41” higher than what the Zoning By-law permits. S. Hannah stated in his opinion the Committee of Adjustment has three daysto review the package submitted with the application. Further stressing that if the applicant submitted a Zone Change, the public would be permitted to review the material, and noted that in his opinion, this application would be better suited to the ZoneChange application process. P. Chauvin stated they submitted a Site Plan application at the end of 2020, and due to a difference of opinion, staff had not circulated that COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-170 -CITY OF KITCHENER 9.Submission No.:A 2021-069(Cont’d) application.P. Chauvin indicated due to the dialogue with City staff,they completed their own public engagement as a means of addressing staff’s concerns. P. Chauvin stated in his opinion the four tests under a minor variance aremore stringent than that of a Zone Change application. B. McCollstated he had one concern related to the subject application, on the CVT it does not meet the requirements of the existing By-law but it will meet the dimensions of the new By-law. In response, P. Chauvin advised the only obstruction if the new Zoning By-law definition was used was an encroachment into the CVT by a structural pillar, noting approvals of that nature have been granted by the Committee in the past. B. McColl indicated that if the building proceeded it would assist with reducing street noise from King Street East on the residential neighbourhood. B. McColl noted he was in support of the application. J. Meader questionedthe parking and the proposed transit station, what are the parking rates under the new Zoning by-law for this site. P. Chauvin indicated the variance request is under Zoning By- law 85-1, in terms of the new By-law,the Parking rates are 0.9 spaces per-unit, and 0.1 spaces per-unit for visitors. In response to questions, P. Chauvin stated the Downtown Core requires 0 off- street spaces. In response to further questions, P. Chauvin advised a 6.5 storey building would be permitted as of right.J. Meader questioned the shadow impact and the results of a shadow study. P. Chauvin indicated there wereno specific guidelines to the results of a shadow study, indicating the study results meet general rules that are typically applied. In response to further questions, P. Chauvin indicated the landscape buffer being provided is in accordance with the minimal requirement under the Zoning By-law, where possible they will increase the buffer if space permits, noting there will be a board fence on the property line, stating the intention to install trees if possible. J. Meader questioned building articulation, P. Chauvin indicated the site is challenging from a design perspective. The proposed development does meet the urban design guidelines,and staff hadbeen supportive ofthe design up to this date.J. Meader suggested if the Committee wereto approve the application this date, she would be inclined to request conditions related to the requiring a certain percentage of the ground floor to be reserved for commercial use, a required setback from the northerly lot line; and the possibility to require the applicant to enter into an agreement to maintain the development as a rental property for a minimum of 10 years. The Committee raised questions about the ground floor units and P. Chauvin advised there is an intention to have some ground-floor commercial space. In response to questions, P. Chauvin advised he would have to consult with his client if they would be willing to commit to the ground floor commercial. Additionally, he would have to confirm with the client if they were willing to agree to maintain the development as a rental property fora minimum 10-year period. J. Meader stated she was in support of the application, indicating she did not believe it was a rezoning. Rather it was a variance to specific performance standards. J. Meader indicated a Zoning By-law amendment is intended to address the use of the property, stating in her opinion it meets the four-part test. C. Dumart stated for clarification that it is the staff position that the application does not conform to the Official Plan, nor is the application minor. Further stating a change of this nature is better suited to a Zoning By-law amendment process, which would require broader public consultation outside of a formal Public Planning meeting. In addition, staff would have an opportunity to review a planning justification report that is consistent with Provincial, Regional, and City policy documents as well as the shadow study and a review for compliance with the Urban Design manual. C. Dumart indicated the City had received a Site Plan application for the proposed development,but it has yet to have been deemed complete, which is why staff have not fully reviewed the plan at this time. In response to questions from the Committee, C. Dumart stated there had been comments made by both the applicant and the Committee members about the proposed future Zoning for the site, and that although it is proposed, it does not apply to subject property currently, as it is not approved or Council endorsed. The application is based on the intent to meet the current Zoning, which is By-law 85-1. Additionally, C. Dumart advised the proposed penthouse for the building includes Gross Floor Area (GFA). However, when you have a corridor or a washroom area, those are uses that are not part of a mechanical penthouse and added mechanical penthouses only include mechanical uses such as an elevator.C. Dumart commented the definition COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-171 -CITY OF KITCHENER 9.Submission No.:A 2021-069(Cont’d) for the mechanical penthouse is unchanged in the new Zoning By-law, it would not permit a bathroom or corridor. If the application is proposing GFA in the penthouse,then the building height would be 35m and would also require an additional setback to the permitted 19m, indicated there is more clarification regarding the application that still needs to be addressed,and the appropriate avenue to address this development is through a Zoning By-law amendment to address all of the deficiencies and meaningful dialogue with the public can occur. S. Hannah questioned how many additional variances would be required for the development proposed today, highlighting that the landscape street buffer proposed at the rear of the property at 0.75m is also deficient, noting that 1.5m is required.C. Dumart advised the variances that are possibly required this date, include: the proposed building being located in the CVT; the building setback; building height; definition of the mechanical penthouse; and, the parking rates for both required parking and visitor parking. P. Chauvin and S. Litt stated for confirmationthatthe applicant would be willing to maintain the property as a rental for a 10-year period of time. The Chair noted he was still in support of the application being considered as a minor variance. M. Kidd stated he thought the application was well put together and shared his concern about there not being a true definition of a minor application. He said the matter is personally a challenge but noted he was prepared to support the application. J. Meader indicated public consolation is not a basis for putting an application through one process or another, but the decision should be made on the basis and merit of an application. J. Meader commented that the applicant stated they independently completed public consolation. The statutory public meetings for Zoning By-lawamendments are the same as they would be for a minor variance application. J. Meader indicated the application meets the requirements of the Official Plan, it meets the density requirements in the Official Plan, the Provincial Policy Statement (PPS) and Growth Plan, and its review through a Zoning By-law amendment needs to be considered through the Committee of Adjustment as well. The PPS and Growth plan both stress the efficient use of land, which means achieving the greatest density without an adverse impact, which this application achieves. J. Meader further advised the application meets the Provincial direction. The four tests and the determination of minor really relies on whether there are adverse impacts and she stated her belief that all the impactshave been addressed. Finally, J. Meader commented the building height, design, parking, shadowing, and overlook. C. Dumart noted Committee of Adjustment applications are circulated 30m, whereas a Zoning By- law application is circulated 120m. In the case of a Zoning By-law amendment, staff would hold a neighborhood information meeting before the statutory meeting to get comments from the residents to address any concerns the neighbourhood may have. C. Dumart advised the neighborhood comments have been received this date, but they have not had an opportunity to address any of them. Additionally, if commercial uses are required on the ground floor, the parking rate will also change. S. Hannah stated this application does not meet the intent of the Zoning, and that there would be an impact, noting the intent of the Zoning was to provide a transition from the low rise residential to the higher density on the opposite side of the dwelling. S. Hannah further advised it is his opinion that City Staff were seeking to see a 4 to 6 storey development with the existing Zoning. S. Hannah further advised he had concerns with the Committee adding additional variances in the decision this date, noting any variances additional variances included in the decision did not meet the legislated notice requirements. Finally, S. Hannah commented that in his opinion it was likely the proposed development would have to return to the Committee for additional variances at a later date, which could be considered an abuse of theprocess, as the development should be going through a Zoning By-law amendment. J. Meader indicated the variances proposed to be added this date are technical in nature and are only required on the basis of how the Zoning By-law is interpreted. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-172 -CITY OF KITCHENER 9.Submission No.:A 2021-069(Cont’d) S. Ryder confirmed that if commercial use is proposed on the ground floor, different parking rates would apply. Additionally, depending on the final design of the building, there could be further reductions in the parking rate. S. Ryder further advised Transportation Services does not necessarily support the proposed parking rate, noting that part of the review potentially includes agreements registered on title to address the Transportation Demand Management (TDM) measures. The TIS Report did not address those matters, so that is the concern of Transportation Services. P. Chauvin indicated TDM measures could be addressed through the Site Plan approval process. J. Meader brought forward a motion to approve the subject application as outlined in the staff recommendation, including two additional variances that the Corner Visibility Triangle (CVT) be measured as 3m from the street line by 4.5m from the edge of the driveway, being the same measurement as a Driveway Visibility Triangle (DVT) in Zoning By-law 2019-051, and to permit a structural pillar to be located within the CVT, subject to conditions the following conditions: the proposed multi-residential building has an 18m setback from the northerly lot line; entering into an agreement with the City which shall require that the owner provide the City with annual confirmation of the building’s rental status for 10 years following registration of said agreement, all to the satisfaction of the City solicitor; the installation of balconies on the north elevation of the building are prohibited; approval of the minor variance related to the encroachment into the Driveway Visibility Triangle (DVT) be in general accordance with the Site Plan application included with the application;and, the owner shall be required to implement Transportation Demand Management (TDM) measures to the satisfaction Director of Transportation Services through the Site Plan approval process. C. Dumart indicated Zoning By-laws are only permitted to regulate the use of a property and where the structures are located on the property, stating Zoning by-laws cannot regulate tenure. Therefore a variance to a zoning by-law cannot regulate tenure, which is outlined in section 34 of the Act. J. Meader stated the condition could be worded to the satisfaction of the City Solicitor to ensure if the City did not wish to pursue such an agreement that the condition could still be waived/cleared. The following motion was voted on with D. Cybalski, J. Meader, B. McColl, and M. Kidd voting in favour; and S. Hannah voting in opposition. Moved byJ. Meader Seconded by B. McColl That the application of 926 KING DEVELOPMENT INC AND C/O CORLEY DEVELOPMENTS INC permission to constructa 10storey building having a maximum building height of 32mand35m to mechanical penthouse rather than a maximum building height of 19.5 metres; having a parking rate of 0.42 off-street parking spaces/per unit rather than required 1.0 off-street parking space/per-unit; having 5% visitor parking rather than the required 20% visitor parking;and, that the Corner Visibility Triangle (CVT) be measured as 3m from the street line by 4.5m from the edge of the driveway, being the same measurement as a Driveway Visibility Triangle (DVT) in Zoning By-law 2019-051, and to permit a structural pillar to be located within the CVT, whereas the By-law does not permit encroachments in the DVT, on Lot 37, Lot 38, Plan 218, Part of Lot 36, 926-936 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall ensure the proposed multi-residential building has an 18m setback from the northerlylot line. 2.The owner shall enter into an agreement with the City which shall require that the owner provide the City with annual confirmation of the building's rental status for 10 years following registration of said agreement, all to the satisfaction of the City solicitor. 3.That the installation of balconies on the north elevation of the building are prohibited. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-173 -CITY OF KITCHENER 9.Submission No.:A 2021-069(Cont’d) 4.That that approval of the minor variance related to the encroachment into the Driveway Visibility Triangle (DVT) be in general accordance with the Site Plan application included with the application. 5.That the owner shall be required to implement Transportation Demand Management (TDM) measures to the satisfaction Director of Transportation Services through the Site Plan approval process. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 10.Submission No.:A 2021-070 Applicants:Joel Westberg Property Location:124 Walter Street Legal Description:Part Lots 89&90, Plan 377, being Part 5 on Reference Plan58R-14067 Appearances: In Support:M.Carroll J.Westberg Contra:None Written Submissions:None The Committee was advised the applicants are requesting 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 The Committee considered Development Services Department report DSD-2021-134dated July 9, 2021,recommending approval subject to conditions as outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29, 2021,advising they have no concerns with this application. M.Carrollwas in attendance in support of the application and staff’s recommendation.In response to questions, M.Carrollconfirmed the location of the proposed balcony. It was suggested and agreed that the condition be removed. Moved byB. McColl Seconded by M. Kidd COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-174 -CITY OF KITCHENER 10.Submission No.:A 2021-070(Cont’d) That applicationof JOEL WESTBERGrequesting 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 required7.5m,onPart Lots 89 & 90, Plan 377, being Part 5 on Reference Plan 58R-14067,124 Walter Street, Kitchener, Ontario,BE APPROVED. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act,all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 11.Submission No.:A 2021-071 Applicants:Emile and Julie McLean Property Location:19 Anson Court Legal Description:Part Block 3, Plan 58M-291, being Part 17 on Reference Plan 58R-14155 Appearances: In Support:D.West Contra:None Written Submissions:None. The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD-2021-140datedJuly 9, 2021,recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29, 2021,advising they have no concerns with this application. D.Westwas in attendance in support of the application and staff’s recommendation. Moved byB. McColl Seconded by M. Kidd That the application of EMILE MCLEAN and JULIE BROWN requesting 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,on Part Block 3, Plan 58M-291, being Part 17 on Reference Plan 58R-14155,19 Anson Court, Kitchener, Ontario,BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application isminor. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-175 -CITY OF KITCHENER 11.Submission No.:A 2021-071(Cont’d) 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 12.Submission No.:A 2021-072 Applicants:Manfred & Susan Hager Property Location:53 Plaza Court Legal Description:Lot 129, Plan 928 Appearances: In Support:S.Hager M.Hager Contra:None Written Submissions:H. Mulkern The Committee was advised the applicants are requesting permission to construct an accessory building in the rear yard of an existing single detached dwelling. The accessory building is proposed to have a soffit height of 3.66m rather than the maximum permitted soffit height of 3m. The Committee considered Development Services Department report DSD-2021-141dated July 9, 2021,recommending approvalof this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29, 2021,advising they have no concerns with this application. S. and M. Hager werein attendance in support of the application and staff’s recommendation. Moved byS. Hannah Seconded by B. McColl That the application of MANFRED HAGER and SUSAN HAGERrequesting 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, onLot 129, Plan 928,53 Plaza Court, Kitchener, Ontario,BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application isminor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-176 -CITY OF KITCHENER 13.Submission No.:A 2021-073 Applicants:Tim MacKay Property Location:538 Victoria StreetSouth Legal Description:Part Lot 34, Pan 645 Appearances: In Support:T. Mackay Contra:None Written Submissions:None The Committee was advised the applicants are requesting 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 The Committee considered Development Services Department report DSD-2021-119dated July 9, 2021,recommendingapproval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29, 2021,advisingthey have no concerns with this application. T. Mackay wasin attendance in support of the application and staff’s recommendation. Moved byJ. Meader Seconded by S. Hannah That the application of TIMOTHY MACKAYrequesting 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, on Part Lot 34, Pan 645, 538 Victoria Street South, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application isminor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Carried 14.Submission No.:A 2021-074 Applicants:Davij Chaudhry Property Location:42 Florence Avenue Legal Description:Lot 141 & Part Lots 142 & 143, Plan 308, being Part 1 on Reference Plan 58R-3270 Appearances: In Support:M.Streutker Contra:None Written Submissions:A& J. Gelata COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-177 -CITY OF KITCHENER 14.Submission No.:A 2021-074(Cont’d) The Committee was advised the applicants are requesting 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. The Committee considered Development Services Department report DSD-2021-120dated June 9, 2021,recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29, 2021,advisingthey have no concerns with this application. M.Streutkerwasin attendance in support of the application and staff’s recommendation.In response to questions, M.Streutkerconfirmed that no elevation was submitted and their plans for future severances. It was suggested and agreed thataconditionbe included in the Committee’s decision this date requiring the proposed setbacks and driveway widths for the semi-detached dwelling remain consistent withthe plans submitted in the application. Moved byS. Hannah Seconded by J. Meader That the application of DAVIJ CHAUDHRY requesting 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, on Lot 141&Part Lots 142 &143, Plan 308, being Part 1 onReference Plan 58R-3270, 42 Florence Avenue, Kitchener, Ontario, BE APPROVED,subject to the following condition: 1.That the owner shall ensure the setbacks and driveways for the semi detached dwellings remainconsistent with the plans submitted with the application. It is the opinion of this Committee that: 1.The variance requested in this application isminor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 15.Submission No.:A 2021-075 Applicants:PDCP Block 9 Industrial GPInc Property Location:10 Pearson Street Legal Description:Block 9, RP58M-656 Appearances: In Support:H.Price Contra:None Written Submissions:None COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-178 -CITY OF KITCHENER 15.Submission No.:A 2021-075(Cont’d) The Committee was advised the applicants are 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. The Committee considered Development Services Department report DSD-2021-136dated July 9, 2021,recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated June 29, 2021,advising they have no concerns with this application. H.Pricewasin attendance in support of the application and staff’s recommendation. Moved byB. McColl Seconded by J. Meader That application A2021-075of PDCP BLOCK 9 INDUSTRIAL GPINCrequesting 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 GFAon Block 9, RP 58M-656,10 Pearson Street, Kitchener, Ontario,BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application isminor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Lawand Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 16.Submission No.:A 2021-076 Applicants:2771774 Ontario Inc Property Location:61 Strange Street Legal Description:Part Lot 494, Plan 375 Appearances: In Support:M.Schneider Contra:None Written Submissions:A. Betteridge & E. Cahalane The Committee was advised the applicants are requesting 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 parkingspaces to be located between the façade and the front lot line whereas the bylaw does not permit required parking to be located between the façade and the front lot line; and, to have a northerly side yard of 1.02 m rather than required 1.2 m. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-179 -CITY OF KITCHENER 16.Submission No.:A 2021-076(Cont’d) The Committee considered Development Services Department report DSD-2021-130dated July 12, 2021,recommending approval subject to conditions as outlined in the report. The Committee also considered the report of the Region of Waterloo, Transportation Planner, dated July 5,2021 advising they have no concerns with this application. M.Schneiderwasin attendance in support of the application and staff’s recommendation. Moved byS. Hannah Seconded by B. McColl That application of 2771774 ONTARIO INC 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 façade and the front lot line; and, to have a northerly side yard of 1.02mrather than the required 1.2m,onPart Lot 494, Plan 375,61 Strange Street, Kitchener, Ontario,BE APPROVED, subject to the following conditions: 1.Thatthe owner shall obtainSite Plan (Stamp Plan B) approval 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 the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division. 3.That the owner shall applyfor a building permit from the Building Division. 4.Thatthe owner shall completeconditions 1 to 3 be completed by January 1, 2022. Any request for a timeextension must be approved in writing by the Manager of Development Review (ordesignate) prior to completion date set out in this decision. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.Thegeneral intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried CONSENT APPLICATIONS 1.Submission No.:B 2021-036 Applicants:IlirMejzinolli Property Location:301 Thaler Avenue Legal Description:Part Lot 44, Plan 959 Appearances: In Support:I.Mejzinolli Contra:None. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-180 -CITY OF KITCHENER 1.Submission No.:B2021-036(Cont’d) Written Submissions:None. The Committee was advised the applicantis requestingpermission 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. The Committee considered Development Services Departmentreport DSD-2021-129dated July 08, 2021 recommending approval of the application, subject to conditionsoutlined in the report. The Committee considered the report of the Region of Waterloo, Principal Planner, datedJuly 12, 2021 advising they have no objection to this application subject to the following conditions: 1)Theowner/applicant submit the Regional consent review fee of $350.00 per new lot created. I.Mejzinolliwasin attendance in support of the application and staff’s recommendation. Moved byB. McColl Seconded by S. Hannah That the application of ILIR MEJZINOLLI requesting permission to sever a parcel of land having a width of 15.742m, a depth of 24.364m andan area of 383.583 sq.m., on Part of Lot 44, Plan 959, 301 Thaler Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are nooutstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2.That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3.That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $5,861.32. 4.That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5.That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 6.That the ownershallprovide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7.That the ownershallprovide 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 lineto the street to the satisfaction of the Director of Engineering Services. 8.The ownershallmake satisfactory financial arrangements with the Region of Waterloo for the Consentapplicationreview fee of $350.00. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-181 -CITY OF KITCHENER 1.Submission No.:B2021-036(Cont’d) 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part ofthe Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 20, 2023. Carried 2.Submission No.:B 2021-037 Applicants:Stewart Sulpher Property Location:362 Lancaster StreetWest Legal Description:Lot 24,Plan 666 Appearances: In Support:K.Droumtsekas Contra:None. Written Submissions:None. The Committee was advised the applicantis requestingpermission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.625m, a depth of 46.17m and an area of 332.6 sq.m. The retained land will have a width of 7.625m, a depth of 49.38m and an area of 345.2 sq.m. The Committee considered Development Services Department report DSD-2021-115dated July 9, 2021,recommending approval of the application, subjectto conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Principal Planner, datedJuly 12, 2021,advising they have no objection to this application subject to the following conditions: 1)That the owner/applicant submit the Regional consent review feeof $350.00 per new lot created. 2)That the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3)That the owner/applicant complete the required Site Grading plan to the satisfaction of the Region of Waterloo. 4)That 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. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-182 -CITY OF KITCHENER 2.Submission No.:B2021-037(Cont’d) K.Droumtsekaswasin attendance in support of the application and staff’s recommendation.K. Droumtsekasrequested clarification related to the environmental noise studyand whether there was an opportunity to enter into an agreement for a noise warning clause rather than completing a noise study. It was suggested and agreed thatthe condition regarding the Environmental Noise Studybe amended to provide for any alternative arrangementsto the satisfaction of the Region of Waterloo, pending further discussion with Region of WaterlooPlanning staff. Moved byB. McColl Seconded by M. Kidd That application of STEWART SULPHER requesting permission to sever a parcel that is 7.62 metres in width, 46.17 metres in depth, with a lot area of 332.6 square metres, on Lot 24, Plan 666, Part 1 of RP 58R-20778,362 Lancaster Street West, Kitchener, Ontario, 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 andeither .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 shall make satisfactory financial arrangements 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. 4.That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5.That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 6.That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7.That the owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers.If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 8.That the owner shall submit the Regional consent review fee of $350.00 per new lot created. 9.That the owner shall complete the required road widening dedication to the satisfaction of the Region of Waterloo. 10.That the owner shall complete the required Site Grading plan to the satisfaction of the Region of Waterloo. 11.That the owner shall complete an Environmental Noise Study, if required, 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. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-183 -CITY OF KITCHENER 2.Submission No.:B2021-037(Cont’d) It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 20, 2023. Carried 3.Submission No.:B 2021-038 Applicants:Dario Kokorovic& Tanja Cvijetic Property Location:257 Dumfries Ave Legal Description:Lot 50, RP 768 Appearances: In Support:D.Kokorovic Contra:D.MatzelleP.ChambersJ. Chambers A. FarquharsonK. ElsonA. Sutton Written Submissions:S. VoisinG. Macpherson D. MatzelleA. Farquharson & K. Elson Neighbourhood Petition The Committee was advised the applicantis requestingpermission 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. The Committee considered Development Services Department report DSD-2021-143dated July 13, 2021,recommendingapproval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Principal Planner, dated July 12, 2021,advising they have no objection to this application subject to the following conditions: 1.That the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2.That the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3.That the owner/applicant complete the required Site Grading plan to the satisfaction of the Region of Waterloo. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-184 -CITY OF KITCHENER 3.Submission No.:B 2021-038 (Cont’d) 4.That 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. 5.That 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)”. 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. 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, 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.” 6.That the owner/applicant submit the completed Section 59 Notice under the Clean Water Act, to the satisfaction of the Region of Waterloo. The Chair suggested and agreedto provide further clarity related to the Committee’s decision, the application is approved to include theactual amountto be paid forparklanddedication be listed;to change the wording in 8.c. of the staff recommendation from “for the life of the development” to in perpetuity;and,to add the conditions from the Region of Waterloo. D. Matzelle;P. and J.Chambers;A. Farquharson;K. Elson; and, A. Suttonspoke spoke in opposition to the proposed development. The Committee heard concerns regarding the impact to neighbouring properties, the visual changes to the neighbourhood streetscape, parking and traffic safety, and privacy. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-185 -CITY OF KITCHENER 3.Submission No.:B2021-038(Cont’d) D. Kokorovicwasin attendance in support of the application and staff’s recommendation.In response to questions, D. Kokorovicspoke to the proposed setbacks and parking. In response to questions, J. Oosterveld responded to questionsregarding the required parking, stating the required parking would be located in the garage,and then the second space would be in tandem. J. Oosterveld indicated as a means of addressing the concern about the width of the driveway, the Committee could impose a condition restricting the width of the proposed driveway. B. McColl questioned whether parking in tandem for the use of a duplex if a minor variance was required. Several membersexpressed concernswith the size and compatibility with the existing streetscape, noting approval of the subject application could set a precedencethat would impact the character of the neighbourhood.S. Hannah stated thathe does not believe the application meetsthe requirements of the Official Plan. J. Meader further advised the Official Plan state that 17.e. and 17.e.b that the lots reflect and the general scale and character of the established lot fabrics, including lot frontages. While the application does reflect other dwellings on the street, but reviewing the broder neighbourhood, there is a consistent lot size and frontage,and the proposed lot size and frontage in the subject application is not in keeping with the character of the neighbourhood. D. Kokorovic stated he he intends to constructthe new dwellings with the Residential Intensification in Established Neighbourhood Study (RIENS) guidelines, and was not proposing a home overly large in size. D. Kokorovic further advised the proposed dwellingsare in within he required Zoning. Moved byB. McColl Seconded by S. Hannah That the applicationof DARIO KOKOROVIC ANDTANJA CVIJETIC requestingconsent to create a new lot (i.e., the severed lot) with an approximate lot widthof 9.75 metres, a depth of 40.54 metres, and an area of 395.2 square metres,for Lot 50, RP 768,257 Dumfries Avenue, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that the lot to be created through this application is not compatible and does not conform in sizeandscale with the pre-existing neighbourhood. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMBINEDAPPLICATIONS 1.Submission No.:B2021-039,A 2021-077&A 2021-078 Applicant:2820580 ONTARIO INC Property Location:102 Waterloo St Legal Description:Part Lot 444, Registered Plan376 Appearances: In Support:M.Streutker Contra:None Written Submissions:None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 8.74m, a depth of 26.3mand an area of 246sq.m. The retained land will have a width of 8.74m, a depth of 26.3mand an area of 246sq.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. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-186 -CITY OF KITCHENER 1.Submission No.:B 2021-039, A 2021-077, A 2021-078 (Cont’d) rather than the required 235 sq.m. Permission is further request for the severed land to permit a lot width 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. The Committee considered Development Services Department report DSD-2021-142dated July 13, 2021, recommendingapproval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Principal Planner, datedJuly 12, 2021 advising they have no objection to application B 2021-039, subject to the following conditions: 1.That the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2.That the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3.That the owner/applicant complete the required Site Grading plan to the satisfactionof the Region of Waterloo. 4.That 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. 5.That 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)”. 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. b.The following noise warning clauses be included in all offers of purchase, deeds,and rental agreements COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-187 -CITY OF KITCHENER 1.Submission No.:B 2021-039, A 2021-077, A 2021-078 (Cont’d) ii.“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.” 6.That the owner/applicant submit the completed Section 59 Notice under the Clean Water Act, to the satisfaction of the Region of Waterloo. The Committee considered the report of the Region of Waterloo, TransportationPlanner, dated June 29, 2021,advising they have no concerns with applications A2021-077 and A 2021-078. The Committee considered the report from the Grand River Conservation Authority, dated July 9, 2021,advising they have no concerns with applications B 2021-039, A 2021-077 and A2021-078. M.Streutkerwasin attendance in support of the application and staff’s recommendation. It was suggested and agreed that the amount of the park dedication be listed,toamend the wording in condition 8.c. of the staff recommendation to substitute“for the life of the development” to “in perpetuity”, to note the existing structure will be demolished, and list the Regional conditions. Submission No. B2021-039 Moved byS. Hannah Seconded by B. McColl That the applicationof 2820580 ONTARIO INCrequesting sever a parcel of land having a width of 8.74m, a depth of 28.5m and an area of 248 sq.m.,onPart of Lot 444, Registered Plan376, 102 Waterloo Street, Kitchener, Ontario,BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2.That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. 3.That the owner shall pay to the City of Kitchener a cash-in-lieu contribution of $4,020.40 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 assetinformation, to the satisfaction of the City’s Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-188 -CITY OF KITCHENER 1.Submission No.:B 2021-039, A 2021-077, A 2021-078 (Cont’d) 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 Planningand 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,in perpetuity. 9.The owner shall make satisfactory financial arrangements with the Region of Waterloo for the Consent application review fee of $350.00. 10.That the ownershallcomplete the required road widening dedication to the satisfaction of the Region of Waterloo. 11.That the ownershallcomplete the required Site Grading plan to the satisfaction of the Region of Waterloo. 12.That the ownershallcomplete 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. 13.That the ownershallenter 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)”. 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)”. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-189 -CITY OF KITCHENER 1.Submission No.:B 2021-039, A 2021-077, A 2021-078 (Cont’d) 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. c.The following noise warning clauses be included in all offers of purchase, deeds, and rental agreements iii.“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.” 14.That the ownershallsubmit the completed Section 59 Notice under the Clean Water Act, to the satisfaction of the Region of Waterloo. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 20, 2023. Carried Submission No. A2021-077 Moved byS. Hannah Seconded by B. McColl 1.Submission No.:B2021-039, A 2021-077, A 2021-078(Cont’d) That the application of 2820580 ONTARIO INC requestingpermission for the retained land identified in Consent Application B2021-039to 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.onPart of Lot 444, Registered Plan 376, 102 Waterloo Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-190 -CITY OF KITCHENER 1.Submission No.:B 2021-039, A 2021-077, A 2021-078 (Cont’d) 1.The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Lawand Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No. A2021-078 Moved by S. Hannah Seconded by B. McColl That the application of 2820580 ONTARIO INC requesting permission for the severedland identified in Consent Application B 2021-039 to permit a lot width of 8.74m rather than the required 9m,onPart of Lot 444, Registered Plan 376, 102 Waterloo Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 2.Submission No.:B 2021-040, B 2021-041, A 2021-079, and A 2021-080 Applicant:Skyline Commercial Real Estate Property Location:1770 King St E & 815-825 Weber St E Legal Description:Lot 34, Plan 765, Parts of Lot32 & 33,RP 58R-3626 Appearances: In Support:M.Streutker Contra:None Written Submissions:None The Committee was advised the applicant is requesting 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 41.51m, a depth of 61.51m,and area of 2335 sq.m.Permission is also being requestedfor minor variances for 1770 King Street East to have a maximum front yard setback of 11.5m rather than the required COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-191 -CITY OF KITCHENER 2.Submission No.:B 2021-040, B 2021-041, A 2021-079, A 2021-080 (Cont’d) 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 8.1m rather than the required 7.5m. The Committee considered Development Services Department report DSD-2021-115dated July 9, 2021, recommendingapproval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Principal Planner, datedJuly 12, 2021,advising they have no objection to applicationsB 2021-040 and B 2021-041,subject to the following conditions: 1.That the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2.That the owner/applicant complete the required road widening dedication to the satisfaction of the Region of Waterloo. 3.That the owner/applicant complete the required Site Grading plan to the satisfaction of the Region of Waterloo. 4.That 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. 5.That the owner/applicant enter into an agreement with the City of Kitchener to include the following noisemitigation/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)”. 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. b.The following noise warning clause be included in all offers of purchase, deeds and rental agreements iv.“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 COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-192 -CITY OF KITCHENER 2.Submission No.:B 2021-040, B 2021-041, A 2021-079, A 2021-080 (Cont’d) 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.” 6.That the owner/applicant submit the completed Section 59 Notice under the Clean Water Act, to the satisfaction of the Region of Waterloo. The Committee considered the report of the Region of Waterloo, TransportationPlanner, dated June 29, 2021,advising they have no concerns with applications A2021-079and A 2021-080. The Committee considered the report from the Grand River Conservation Authority, dated July 9, 2021, advising they have no concerns with applications B 2021-040,B 2021-041,A2021-079,and A2021-080. M.Streutkerwasin attendance in support of the application and staff’s recommendation. It was suggested and agreed that the amount of the park dedication be addressed during the site plan process and list the Regional conditions Submission No. B 2021-040 Moved byB. McColl Seconded by J. Meader That application of SKYLINE COMMERCIAL REAL ESTATE requesting permission to sever a parcel municipallyaddressed as 815/825 Weber Street Easthaving a width of 35.9m,a depth of 93.92m and an area of 4050sq.m., on Lot 34, Plan 765, Parts of Lot 32 & 33,on Reference Plan 58R-3626,1770 King StreetEastand815-825 Weber StreetEast, Kitchener, Ontario,BE APPROVED,subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2.That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist, if required. 3.That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 4.Thatthe owner shall ensureany 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 ownershallprovide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6.That the ownershallprovides 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. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-193 -CITY OF KITCHENER 2.Submission No.:B 2021-040, B 2021-041, A 2021-079, A 2021-080 (Cont’d) 7.The owner shall make satisfactory financial arrangements with the Region of Waterloo for the Consent application review fee of $350.00. 8.Thatthe ownershallsubmit the completed Section59 Notice under the Clean Water Act, to the satisfaction of the Region ofWaterloo. 9.That Minor Variance Application A2021-079 for 1770 King St. E and MinorVariance Application A2021-080 for 815/825 Weber St. E. receive final approval. 10.That the owner shall receive approval of a site plan application, one for each thesevered and retained lands, to revise the existing parking lot to delineate thenew property line, by removing hardscape non-functional parking areas andadding additional landscaping, and addressing waste storage/removal inaccordance with the City of Kitchener Urban Design Manual. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 20, 2023. Carried Submission No. B 2021-041 Moved by B. McColl Seconded by J. Meader That application of SKYLINE COMMERCIAL REAL ESTATE requesting permission to sever a parcel of land municipally addressedas 1770 King Street East having a width of 41.51m, a depth of 61.51mand an area of 2335 sq.m,on Lot 34, Plan 765, Parts of Lot 32 & 33, on Reference Plan 58R-3626, 1770 King Street East and 815-825 Weber Street East, Kitchener, Ontario, BE APPROVED,subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2.That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist, if required. COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-194 -CITY OF KITCHENER 2.Submission No.:B 2021-040, B 2021-041, A 2021-079, A 2021-080 (Cont’d) 3.That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 4.That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 5.That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6.That the owner shall provides Engineering staff with confirmation that thebasement 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.The owner shall make satisfactory financial arrangements with the Region of Waterloo for the Consent application review fee of $350.00. 8.That the owner shall submit the completed Section59 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 shall 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. It is the opinion of this Committee that: 1.A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2.The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3.The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 ofthe Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being July 20, 2023. Carried COMMITTEE OF ADJUSTMENT MINUTES July 20, 2021-195 -CITY OF KITCHENER 2.Submission No.:B2021-040, B 2021-041, A 2021-079, A 2021-080(Cont’d) Submission No. A 2021-079 That application of SKYLINE COMMERCIAL REAL ESTATE requesting permissionfor a parcel land created through Consent Applications B 2021-040/B 2021-041to allowamaximum front yard setback to be 11.5m ratherthan the required 7.5m, for the buildings existing as of July 20, 2021, on Lot 34, Plan 765, Parts of Lot 32 & 33, on Reference Plan 58R-3626, 1770 King Street East and 815-825 Weber Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variance requested in this application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried Submission No. A 2021-080 That application of SKYLINE COMMERCIAL REAL ESTATE requesting permissionfor a parcel land created through Consent Applications B 2021-040/B 2021-041to allow the minimum rear yard setback to be 1.3m ratherthan the required7.5m;and,to allow the maximum frontyard setback to be 8.5 metres rather than the required 7.5 metres, be approved for thebuildings existing as of July 20, 2021on Lot 34, Plan 765, Parts of Lot 32 & 33, on Reference Plan 58R-3626, 1770 King Street East and 815-825 Weber Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variance requested inthis application is minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried ADJOURNMENT On motion, the meeting adjourned at 1:00p.m. Dated at the City of Kitchener this 20thday of July,2021. Sarah GoldrupDianna Saunderson Acting Secretary-TreasurerSecretary-Treasurer Committee of AdjustmentCommittee of Adjustment