Loading...
HomeMy WebLinkAboutCA - 2021-08-17COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021CITY OF KITCHENER The Committee of Adjustment held an electronicmeeting on this date, commencing at10:04a.m. Present:B. McColl - Chair S. Hannah M. Kidd J. Meader Officials:J. Oosterveld, Manager, Site Development D. Seller,Transportation Services D. Saunderson, Committee Administrator K. Hilborn, Administrative Clerk MINUTES Moved byM. Kidd Seconded by S. Hannah That the regular minutes of the Committee of Adjustment meeting held July 20, 2021,as circulatedto the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1.Submission No.:A 2021-081 Applicants:2477865 Ontario Inc Property Location:101 Schweitzer Street Legal Description:Part Lot 5, Plan 675 Appearances: In Support: B.Kliska Contra:None Written Submissions:None The Committee was advised the applicant requested permission to construct a single detached duplex with an easterly side yard setback of 0.914m rather than the required 1.2m; and, a rear yard setback of 6.585m rather than the required 7.5m. The Committee considered Development Services Department report DSD-2021-146dated August 6, 2021, recommending approval. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 23, 2021, advising they have no concerns with this application. BogdanKliskawas in attendance in support of the application. Moved by S.Hannah Seconded by J. Meader That the application of 2477865 ONTARIO INCrequesting permission to construct a single detached duplex havingan easterly side yard setback of 0.914m rather than the required 1.2m; and, a rear yard setback of 6.585m rather than the required 7.5m, on Part of Lot 5, Plan 675, 101 Schweitzer Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1.The variances requested in this application are minor. COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021- 197 -CITY OF KITCHENER 1.Submission No.:A 2021-081(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 2.Submission No.: A 2021-083 Applicants:2506781 Ontario Inc Property Location:200 Tartan Avenue Legal Description:Block 186 & 187,Registered Plan 58M-631 Appearances: In Support:C. Balluch Contra:None Written Submissions:None The Committee was advised the applicants are requesting permission to construct a 51-unit multi- residential townhouse development containing 3 3-storey townhouse dwellings having a parking rate of 1.13 off-street parking spaces/per unit rather than the required 1.25 off-street parking spaces/per unit; a visitor parking rate of 13% of the required number of parking spaces, rather than the required 15%; and, to having ide yards abutting Beckview Driveand Florencedale Crescentof 6m rather than the required 4.5m. The Committee considered Development Services Department report DSD-2021-149 dated August 5, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 23, 2021, advising they have no concerns with this application. CharlotteBalluch was in attendance in support of the application. Moved by M.Kidd Seconded by S. Hannah That the application of 2506781 ONTARIO INC requesting permission to construct a 51-unit multi- residential townhouse development containing 3 3-storey townhouse dwellings having a parking rate of 1.13 off-street parking spaces/per unit rather than the required 1.25 off-street parking spaces/per unit; a visitor parking rate of 13% of the required number of parking spaces, rather than the required 15%; and, to havingmaximum side yards abutting Beckview Driveand Florencedale Crescentof 6m rather than themaximum permittedside yard of 4.5m, on Block 186 and 187, Registered Plan 58M-631, 200 Tartan Avenue, Kitchener, Ontario,BE APPROVED, subject to the following conditions: 1.The owner shall receive final approval of site plan application SP18/116/H/KA for a 51-unit multiple dwelling. 2.That the owner shall provide 26 Class A and 6 Class B bicycle parking spaces on site. It is the opinion of this Committee that: 1.The variancesrequested in this application are minor. COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021- 198 -CITY OF KITCHENER 2. Submission No.:A 2021-083(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-Lawand Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca . Carried 3.Submission No.: A 2021-084 Applicants:2506781 Ontario Inc Property Location:210 Tartan Avenue Legal Description:Block 187, Registered Plan 58M-631 Appearances: In Support: C.Balluch Contra:None Written Submissions:None The Committee was advised the applicants are requesting permission to construct a 45-unit multi- residential townhouse development containing 3 3-storey townhouses having a parking rate of 1.18 off-street parking spaces/per unit rather than the required 1.25 off-street parking spaces/per unit. The Committee considered Development Services Department report DSD-2021-148 dated August 5, 2021, recommending the application be deferred. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 23, 2021, advising they have no concerns with this application. CharlotteBalluch was in attendance in support of the application. Staff confirmed that thedeferral was to allow for the application to be re-advertised as an additional variance is required and that the application would return before the Committee at the September hearing. Moved by J.Meader Seconded byM. Kidd That the application of 2506781 ONTARIO INCrequesting permission to construct a 45-unit multi- residential townhouse development containing 3 3-storey townhouses having a parking rate of 1.18 off-street parking spaces/per unit rather than the required 1.25 off-street parking spaces/per unit, on Block 187, Registered Plan 58M-631, 210 Tartan Avenue, Kitchener, Ontario, BE DEFERRED to the September 21, 2021 Committee of Adjustment meetingto allow fora new Notice of Hearing to be published asan additional variance is required. Carried 4.Submission No.: A 2021-082 Applicants:Activa Holdings Inc. Property Location:915 Eaglecrest Court Legal Description:Lot 204, Registered Plan 58M-512 Appearances: COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021- 199 -CITY OF KITCHENER 4. Submission No.:A 2021-082(Cont’d) In Support:A. Baulk Contra:None Written Submissions:None The Committee was advised the applicants are requesting permission to construct a single detached dwelling having a driveway and garage width of 54% of the overall lot width rather than the maximum permitted 50%. The Committee considered Development Services Department report DSD-2021-151dated August 6, 2021, recommending approval. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 23, 2021, advising they have no concerns with this application. AmandaBaulk was in attendance in support of the application. Moved byJ. Meader Seconded byS. Hannah That the application of ACTIVA HOLDINGS INCrequesting permission to construct a single detached dwelling having a driveway and garage width of 54% of the overall lot width rather than the maximum permitted 50%, on Lot 204, Registered Plan 58M-512, 915 Eaglecrest 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 5.Submission No.: A 2021-085 Applicants:Attila Schmidt Property Location:49 Gruhn Street Legal Description:Part Lot 9, Plan 387 Appearances: In Support: A. Schmidt Contra:None Written Submissions:None The Committee was advised the applicants are requesting permission to renovate the attic space in an existing single detached dwelling and legalizing the southerly side yard setback of 0.67m rather than the required 1.2m. COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021- 200 -CITY OF KITCHENER 5. Submission No.:A 2021-085(Cont’d) The Committee considered Development Services Department report DSD-2021-147dated August 6, 2021, recommending approvalof this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 23, 2021, advising they have no concerns with this application. AttilaSchmidt was in attendance in support of the application. In response to questions, J. Oosterveld confirmed that the existing footprintof the dwellingis legal non-conforming, noting the requested variance is for the upper storey which does not comply with the By-law.J. Oosterveld further stated the staff recommendation is worded to permit the variance for the upper storeybut would maintain the legal non-conformingstatus for the existing dwelling. In response to the Committee’s questions, A. Schmidt confirmed thattheresidence would be maintained as a single-detacheddwellingandthat the additionwas intended tohave one window on the southerly wall. A. Schmidtacknowledged that the window’s location might need to be changed to comply with the Building Code. Moved by J.Meader Seconded by S.Hannah That the application of ATTILA SCHMIDT requesting permission to construct an upper storey additionon an existing single detached dwelling having asoutherly side yard setback of 0.67m rather than the required 1.2m, on Part of Lot 9, Plan 387, 49 Gruhn 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 6.Submission No.: A 2021-086 Applicants:Klondike Homes Property Location:176 Woolwich Street Legal Description:Part Lot 60, German Company Tract Appearances: In Support: P. Florica Contra:None Written Submissions:None The Committee was advised the applicants are requesting permission to construct a single detached dwelling on a lot having a width of 56.08m rather than the required 60m; and, to have a southerly side yard setback of 1.9m rather than the required 7.5m. The existing dwelling is proposed to be demolished. COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021- 201 -CITY OF KITCHENER 6. Submission No.: A 2021-086(Cont’d) The Committee considered Development Services Department report DSD-2021-153 dated August 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 July 23, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated August 3, 2021, advising they have no concerns with the subject application. PaulFlorica was in attendance in support of the application.In response to questions, P. Florice stated that demolition had begun on the existing residence. P. Florice furtheradvised the existing dwelling has a side yard setback that is less than the side yard variance being requested through the subject application. P. Florica indicated the proposed location of the new dwelling would possibly accommodate a future severance of the property. The Chair requested and it was agreed that a condition be included in the Committees decision this date requiring the owner to make satisfactory financial arrangements with the GRCA for the application plan review fee. Moved by J. Meader Seconded by M. Kidd That the application of KLONDIKE HOMES LTD requesting permission to construct a single detached dwelling on lot having a width of 56.08m rather than the required 60m; and, to have a southerly side yard setback of 1.9m rather than the required 7.5m. The existing dwelling is proposed to be demolished, on Part of Lot 60, German Company Tract, 176 Woolwich Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.The owner shall prepare a Tree Preservation/Enhancement Plan for the subject lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved and shall be submitted prior to the issuance of a Building Permit. 2.That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority (GRCA) for the application review fee. 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 atwww.kitchener.ca. Carried 7.Submission No.:A 2021-087 Applicants: BENJAMINS REAL ESTATE HOLDINGS INC-002 Property Location:407 Park Street Legal Description:Lot 285, Registered Plan 385 Appearances: COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021- 202 -CITY OF KITCHENER 7. Submission No.:A 2021-087(Cont’d) In Support: M. Benjamins Contra:None Written Submissions:None The Committee was advised the applicants are requesting permission to construct balconies/decks in the rear yard of an existing triplex dwelling having a westerly side yard setback abutting Gildner Street of 2.34m rather than the required 4.5m; and, an encroachment of 1.55m for the balcony into the required 4.5m Driveway Visibility Triangle. The Committee considered Development Services Department report DSD-2021-154 dated August 6, 2021, recommending approval of this application as amended. The Committeeconsidered the report of the Region of Waterloo, Transportation Planner, dated July 23, 2021, advising they have no concerns with this application. MarkBenjamins was in attendance in support of the application. In response to questions, M. Benjamins adviseddriveway can accommodate threeoff-streetparking spaces. In response to questions, D. Seller described theencroachment into the Driveway Visibility Triangle (DVT) created by the support post for the balconies and confirmed that there would be sufficient visibility for people exiting the driveway. The Committee noted that the variances requested were minor and agreedwith the staff position outlined in Report DSD-2021-154to the adequacy of the public notice,thatthe additional variance related tothe DVT shouldbe included in the Committee’s decision this date. Moved by S.Hannah Seconded by J. Meader That the application of BENJAMINS REAL ESTATE HOLDINGS INC-002requesting permission to construct covered balconies onan existing multipledwelling having a westerly side yard setback abutting Gildner Street of 2.34m rather than the required 4.5m; and, an encroachment of 1.55m for the balcony into the required 4.5m Driveway Visibility Triangle,on Lot 285, Registered Plan 385, 407 Park 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 8.Submission No.: A2021-088 Applicants:Nikoletta Trasias & Chris Dimtrievski Property Location:62 Hawkswood Drive Legal Description:Block 29 and Part Block 28, Registered Plan 58M-182, being Part Lots 90 and 99 on ReferencePlan 58R-12969 Appearances: COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021- 203 -CITY OF KITCHENER 8. Submission No.:A 2021-088(Cont’d) In Support: N. Trasias Contra:None Written Submissions:None The Committee was advised the applicants are requesting permission to construct a covered patio in the rear yard of an existing single detached dwelling having a rear yard setback of 3.04m rather than the required 7.5m. The Committee considered Development Services Department report DSD-2021-152dated August 6, 2021, recommending approvalof this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 23, 2021, advising they have no concerns with this application. Nicky Trasiaswas in attendance in support of the application. It was suggested and agreed that the wording of the Committee’s decision be clarified to restrict the approval to for the height of the covered patio to one storey. Moved by S.Hannah Seconded by M.Kidd That the application of CHRIS DIMITRIEVSKI and NIKOLETTA TRASIASrequesting permission to construct a 1-storey covered patio in the rear yard of an existing single detached dwelling having a rear yard setback of 3.04m rather than the required 7.5m, on Block 29 and Part Block 28, Registered Plan 58M-182,being Part Lots 90 and 99 on ReferencePlan 58R-12969, 62 Hawkswood Drive, 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 9.Submission No.:A 2021-089 Applicants: R.GBoyer Holdings Ltd Property Location:165 Courtland Avenue East Legal Description:Part of Lots 4and 50, Registered Plan 395, Closed Streetsand Lanes, beingParts 2 and 3 of ReferencePlan 58R-5430 Appearances: In Support:M. Gereghty Contra:None Written Submissions:None COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021- 204 -CITY OF KITCHENER 9. Submission No.:A 2021-089(Cont’d) The Committee was advised the applicants are requesting permission to construct a 30-unit multi- residential dwelling having a parking rate of 0.9off-street parking space/per-unit rather than the required 1.25 off-street parking spaces/per-unit; and, to have 10% of the required visitor parking spaces rather than the required 20% visitor parking spaces. The Committee considered Development Services Department report DSD-2021-155dated August 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 July 23, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority (GRCA), dated August3, 2021, advising they have no concerns with the subject application. The Committee considered the comments of the Canadian National Railway, SeniorPlanner, dated August 12, 2021, advising they have no concerns with this application, subject to recommended conditions. Megan Gereghty was in attendance in support of the application. In response to questions from the Committee, J. Oosterveld confirmed the conditions suggested by Canadian National Railwayare not appropriate for a variance related to parking,stating comments related to noise typically are provided by the Region of Waterloo. S. Hannah brought forward a motion to approve the staff recommendation as outlined in Report DSD-2021-155. Moved by S.Hannah Seconded by J. Meader That the application of R G BOYER HOLDINGS LTDrequesting permission to construct a 30-unit multi-residential dwelling having a parking rate of 0.9off-street parking space/per-unit rather than the required 1.25 off-street parking spaces/per-unit; and, to have 10% of the required visitor parking spaces rather than the required 20% visitor parking spaces, on Part of Lots 4 and 50, Registered plan 395,Closed Streets and Lanes,being Parts 2 and 3 of Reference Plan 58R-5430, 165 Courtland Avenue East, Kitchener, Ontario, BE APPROVED,subject to the following conditions: 1.Thatthe owner shall ensure35 Class A secured, long-term bicycle parking spaces and 6 Class B bicycle parking spaces are provided on site. 2.That Minor Variance A 2021-089 shall apply to site plan application SP20/064/C/ES for a 30-unit multiple dwelling. It is the opinion of this Committee that: 1.The variances requested in this application are minor. 2.This application is desirable for the appropriate development of the property. 3.The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca . Carried COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021- 205 -CITY OF KITCHENER 10.Submission No.: A 2021-090 Applicants:Lotco Limited Property Location:50 Otterbein Road Legal Description:Block 2, Registered Plan 58M-654 Appearances: In Support:C.MacLellan M. Villemaire Contra:None Written Submissions:None The Committee was advised the applicants are requesting permission to construct a 194-unit 8- storey multi-residential development having a parking rate of 1.21 off-street parking spaces/per- unit rather than the required parking rate of 1.5 off-street parking spaces/per-unit. The Committee considered Development Services Department report DSD-2021-150dated August 5, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 23, 2021, advising they have no concerns with this application. Marc Villemaire and Cathy MacLellan werein attendance in support of the application. In response to questions, staff confirmed the Parking Studyincluded with the application was valid, the watermark was included by the provider to allow the document to be printed. It was suggested and agreed that thewording for the Committee’s decision this date be similar to what was published in theNotice of Hearing, to ensure the approved parking rate is referenced. Moved by J.Meader Seconded by M.Kidd That the application of LOTCO LIMITED requesting permission to construct a 194-unit 8 storey multi-residential development having a parking rate of 1.21 off-street parking spaces/per-unit rather than the required parking rate of 1.5 off-street parkingspaces/per-unit, on Block 2, Registered Plan 58M-654, 50 Otterbein Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.The owner shall submit and receive approval of a Site Plan Application for the proposed multiple dwelling development; and 2.That the ownershallenter into an agreement with the City of Kitchener to be registered on title which acknowledges: a)that vehicle parking will be rented separately from the dwelling units; b)that there will be a minimum of 97 Class A secured, long-term bicycle parking spaces provided on site to be utilized by residents; and, c)that there will be a minimum of 8 Class B bicycle parking spaces provided on-site. 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 subjectproperty. COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021- 206 -CITY OF KITCHENER 10. Submission No.:A 2021-090(Cont’d) Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Carried 11.Submission No.:A 2021-091 Applicants: Wm J Gies Construction Limited Property Location:7 to 61 Quarry Park Drive Legal Description:Part of Lots 121 & 123, German Company Tract, and Part of Block “C”, Registered Plan 1413 & Part of Block 54, Registered Plan 1829 Appearances: In Support: A. Head Contra:None Written Submissions:None The Committee was advised the applicants are requesting permission tofor future residential lots fronting onto Quarry Park Drive, Lots 67to 80on the plan submitted with the application, currently Zoned R3, to have a minimum lot width of 12.5m to 13.01m rather than the required 13.7m The Committee considered Development Services Department report DSD-2021-156dated August 9, 2021, recommending approval of this application. Region of Waterloodid not submit a report, but the Region’s Transportation Plannerprovided a comment dated August 17, 2021, advising they have no concerns with this application. AndrewHeadwas in attendance in support of the subject application and the staff recommendation, noting the variances requested is intendedto correct an errorwith the approved draft plan of subdivision. It was suggested and agreed that the municipal addresses be included in the Committee’s decision this date to provide additional clarity related to the approval. Moved by S.Hannah Seconded by J.Meader That the application of WM J GIES CONSTRUCTION LIMITEDrequesting permission for 14 future residential lots fronting onto Quarry Park Drive, Lots 67to 80on the plan submitted with the application, currently Zoned R3, to have a minimum lot widths of 12.5m to 13.01m rather than the required 13.7m, on Part of Lots 121& 123, German Company Tract,and Part of Block “C”, Registered Plan 1413 & Part of Block 54, Registered Plan 1829,7 to 61 Quarry Park Drive, Kitchener, Ontario, BE APPROVED. It is theopinion 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. COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021- 207 -CITY OF KITCHENER 11. Submission No.:A 2021-091(Cont’d) Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca. Carried CONSENT APPLICATIONS 1.Submission No.: B 2021-042 Applicants:Galena Towers Limited Property Location:220 Ira Needles Boulevard Legal Description:Part Lot 38,German Company Tract,Block 66,Registered Plan 58M-403, being Parts 5, 22, 24 to 40 on Reference Plan 58R-17222 Appearances: In Support:A. Allendorf Contra:None Written Submissions:None The Committee was advised the applicantis requestingpermission to grant three easements in favour of the adjacent property municipally addressed as 1460 Highland Road West, easement 1 on the plan submitted with the application having a width of 7.3m and being irregular in shape intended for driveway access; easement 2 having a width of 1.8m intended for pedestrian access; and, easement 3 being 25.3m by 48.1m for a shared common area. The Committee considered Development Services Departmentreport DSD-2021-157dated August 9, 2021, recommending approval of the application, subject to conditionsoutlined in the report. The Committee considered revised wording of conditions 2, 3, and 4 developed in consultation with the application to remove references to a joint maintenance agreement. Al Allendorfwas in attendance in support of the applicationand the proposed revised wording provided by City staff to remove the reference to the joint maintenance agreement. Moved by S.Hannah Seconded by J. Meader That the application of GALENA TOWERS LIMITED requesting permission to grant three easements in favour of the adjacent property municipally addressed as 1460 Highland Road West, easement 1 on the plan submitted with the application having a width of 7.3m and being irregular in shape intended for driveway access; easement 2 having a width of 1.8m intended for pedestrian access; and, easement 3 being 25.3m by 48.1m for a shared common area, on Part Lot 38, German Company Tract, Block 66, Registered Plan 58M-403, being Parts 5, 22, 24 to 40 on Reference Plan 58R-17222, 220 Ira Needles Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1.That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2.That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. COMMITTEE OF ADJUSTMENT MINUTES August 17, 2021- 208 -CITY OF KITCHENER 1. Submission No.: B 2021-042(Cont’d) 3.That the owners of the proposed dominant lands and servient lands, shall ensure that maintenance obligations for the easement lands are set out in the Schedule to the Transfer Easement (to be approved by the City Solicitor prior to registration), to ensure that the said easements are maintained in perpetuity. 4.That the owner shall provide a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement be provided to the City Solicitor. 5.The City Solicitor be provided with copies of the registered Transfer Easement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date 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 August 17, 2023. Carried ADJOURNMENT On motion, the meeting adjourned at 10:55 a.m. Dated at the City of Kitchener this 17thday of August2021. Dianna Saunderson Secretary-Treasurer