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HomeMy WebLinkAboutCA - 2021-09-21 COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 CITY OF KITCHENER The Committee of Adjustment held an electronic meeting on this date, commencing at 10:00 a.m. Present: D. Cybalski - Chair B. McColl, Member S. Hannah, Member M. Kidd, Member J. Meader, Member Officials: B. Bateman, Senior Planner A. Pinnell, Senior Planner S. Ryder, Transportation Services E. Schneider, Planner S. Rice Menezes, Planning Technician S. Delaney, Administrative Clerk S. Goldrup, Committee Administrator MINUTES Moved by B. McColl Seconded by S. Hannah That the regular minutes of the Committee of Adjustment meeting held August 17, 2021, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. 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 applicant had requested 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 (53 spaces) rather than the required 1.25 off-street parking spaces/per unit (57 spaces); and, to have maximum side yards abutting Reistwood Drive and Beckview Drive of 6m rather than the required maximum 4.5m. The Committee considered Development Services Department report DSD-2021-176 dated August 30, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner dated September 3, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. C. Balluch was in attendance in support of the application and staff’s recommendation. It was suggested and agreed that the wording for the Committee’s decision this date be amended to reflect a clerical correction for condition 1 to provide for 45 units rather than 51. COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 210 - CITY OF KITCHENER 1. Submission No.: A 2021-084 (Cont’d) Moved by B. McColl Seconded by S. Hannah That the application of 2506781 ONTARIO INC 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 (53 spaces) rather than the required 1.25 off-street parking spaces/per unit (57 spaces); and, to have maximum side yards abutting Reistwood Drive and Beckview Drive of 6m rather than the required maximum 4.5m, on Block 187, Registered Plan 58M- 631, 210 Tartan Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. The owner shall receive final approval of site plan application SP18/115/H/KA for a 45-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 2. Submission No.: A 2021-092 Applicants: Sharon Jacquot and Henry Jacquot Property Location: 21 Nine Pines Road Legal Description: Part Lot 7, Plan 734, being Part 2 on Reference Plan 58R-1547 Appearances: In Support: J. Nigro Contra: None Written Submissions: None The Committee was advised the applicant had requested permission to re-construct a deck and walkway in the southerly side yard of a single detached dwelling having a side yard setback of 0.0m rather than the required 1.2m. The Committee considered Development Services Department report DSD-2021-182 dated September 10, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner dated September 3, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 211 - CITY OF KITCHENER 2. Submission No.: A 2021-092 (Cont’d) J. Nigro was in attendance in support of the application and staff’s recommendation. In response to questions, J. Nigro explained that the neighbour had given consent to the homeowner to access the subject property to replace the existing deck. B. Bateman further discussed the use of maintenance easements for things of a more permanent nature, such as eaves or the side of the building. In response to questions, B. Bateman reported that staff could not confirm if the deck was a legal nonconforming and through the subject application had recommended legalizing it. It was suggested and agreed that the wording for the Committee’s decision on this date be amended, so that condition 1 requires the owner to apply for a building permit prior construction to the satisfaction of the City’s Building Division. Moved by S. Hannah Seconded by J. Meader That the application of HENRY JACQUOT and SHARON JACQUOT requesting permission to re- construct a deck and walkway in the southerly side yard of a single detached dwelling having a side yard setback of 0.0m rather than the required 1.2m, on Part Lot 7, Plan 734, being Part 2 on Reference Plan 58R-1547, 21 Nine Pines Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. The owner shall apply for a building permit prior to construction to the satisfaction of the City’s 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 3. Submission No.: A 2021-093 Applicants: Andre Templeton Property Location: 1248 Ottawa Street South Legal Description: Part Lot 5, Plan 1613, being Part 1 on Reference Plan 58R-5563 Appearances: In Support: A. Templeton Contra: None Written Submissions: None The Committee was advised the applicant had requested permission to convert a semi-detached dwelling into a duplex having a driveway width of 5.8m rather than the maximum permitted 5.2m; having the required off-street parking space located 1.8m from the property line rather than the required 6m; and, to allow two pedestrian entrances to remain on the street line façade whereas the By-law only permits 1 entrance for a semi-detached dwelling. The Committee considered Development Services Department report DSD-2021-179 dated September 15, 2021, recommending approval. COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 212 - CITY OF KITCHENER 3. Submission No.: A 2021-093 (Cont’d) The Committee considered the report of the Region of Waterloo Transportation Planner, dated September 3, 2021, advising they have no concerns with this application but that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application, to comply with the designated road width of 30.48m for the Ottawa Street South (RR #04). At such times in the future, the parking spots would have 0.8m clearance from the Ottawa Street property line. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. A. Templeton was in attendance in support of the application and staff’s recommendation. In response to questions from the Committee, A. Templeton confirmed his support for the amended application and that they owned only one side of the semi-detached dwelling. In response to questions from S. Hannah, B. Bateman confirmed that the neighbouring property owner could make a similar application. S. Hannah S. Hannah expressed concern that elevation drawings had not been included with the application to clearly articulate what was intended to be constructed. B. Bateman suggested that staff had previously recommended a condition for an inset door to address these concerns in similar circumstances. The Committee discussed deferring the application to a future meeting to allow the property owner to complete elevation drawings and floorplans and consider alternate locations for the proposed entrance. It was suggested and agreed that when the motion return before the Committee, the wording for the Committee’s decision be amended so that condition 1 requires the owner to apply for a building permit before construction to the satisfaction of the City’s Building Division, and condition 3.c. be amended to provide 12 months to complete the variances. Moved by B. McColl Seconded by S. Hannah That the application of ANDRE TEMPLETON requesting permission to convert a semi-detached dwelling into a duplex having a driveway width of 5.8m rather than the maximum permitted 5.2m; having the required off-street parking space located 1.8m from the property line rather than the required 6m; and, to allow two pedestrian entrances to remain on the street line façade whereas the By-law only permits 1 entrance for a semi-detached dwelling BE DEFERRED to the October 19, 2021, Committee of Adjustment meeting to allow additional time for the applicant to prepare elevation drawings for the proposed dwelling and consider alternative entrances to the proposed duplex unit, on Part Lot 5, Plan 1613, being Part 1 on Reference Plan 58R-5563, 1248 Ottawa Street South, Kitchener, Ontario. Carried 4. Submission No.: A 2021-094 Applicants: Milestone Developments Inc Property Location: 50 Valleybrook Drive Legal Description: Lot 52, Registered Plan 58M-605 Appearances: In Support: P. Haramis Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 213 - CITY OF KITCHENER 4. Submission No.: A 2021-094 (Cont’d) The Committee was advised the applicant has requested permission to construct a single detached dwelling having a westerly side yard setback of 1.25m rather than the required 1.5m. The Committee considered Development Services Department report DSD-2021-183 dated September 10, 2021, recommending approval. The Committee considered the report of the Region of Waterloo Transportation Planner dated September 3, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. P. Haramis was in attendance in support of the application and staff’s recommendation. Moved by B. McColl Seconded by J. Meader That the application of MILESTONE DEVELOPMENTS INC requesting permission to construct a single detached dwelling having a westerly side yard setback of 1.25m rather than the required 1.5m, on Lot 52, Registered Plan 58M-605, 50 Valleybrook Drive, 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 5. Submission No.: A 2021-095 Applicants: 2716297 Ontario Inc Property Location: 1791 Glasgow Street Legal Description: Part Lot 38, German Company Tract Appearances: In Support: J. Gasselle Contra: None Written Submissions: None The Committee was advised the applicant had requested permission to construct an accessory building (garage) in the northerly side yard of an existing single detached dwelling having a maximum building height of 7.4m from grade to ridge rather than the permitted maximum height of 5.5m; and, a maximum height to the underside of the facia of 5.6m rather than the permitted maximum height of 3m. The Committee considered Development Services Department report DSD-2021-190 dated September 8, 2021, recommending approval. COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 214 - CITY OF KITCHENER 5. Submission No.: A 2021-095 (Cont’d) The Committee considered the report of the Region of Waterloo Transportation Planner dated September 3, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. J. Gasselle was in attendance in support of the application and staff’s recommendation. In response to questions, J. Gasselle confirmed the application was to add a second storey addition to the garage at the side of the house to create additional storage. B. Bateman noted a clerical error in the staff report, stating the side yard view of the garage would be obstructed by trees rather than the front yard view. The Committee members stated their concern that elevation drawings had not been included with the application to clearly articulate what was intended to be constructed. In response to J. Meader’s questions, J. Gasselle described the proposed garage as similar in design to the existing house with the same siding and two windows above the garage doors. B. Bateman suggested that the Committee could add a condition for the property owner to submit elevation drawings to the satisfaction of the City’s Planning Division. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to include a condition requiring the property owner to submit elevation drawings to the satisfaction of the City’s Planning Division. Moved by J. Meader Seconded by B. McColl That the application of 2716297 ONTARIO INC requesting permission to construct an accessory building (garage) in the northerly side yard of an existing single detached dwelling having a maximum building height of 7.4m from grade to ridge rather than the permitted maximum height of 5.5m; and, a maximum height to the underside of the facia of 5.6m rather than the permitted maximum height of 3m, on Part Lot 38, German Company Tract, 1791 Glasgow Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. The owner shall submit elevation drawings to the satisfaction of the City’s Planning 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 6. Submission No.: A 2021-096 Applicants: Terran Edwin, Victoria Seitz, and Anthony Bauer Property Location: 61 Warren Road Legal Description: Lot 96, on Reference Plan 946 Appearances: In Support: T. Bauer COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 215 - CITY OF KITCHENER 6. Submission No.: A 2021-096 (Cont’d) Contra: None Written Submissions: None The Committee was advised the applicant had requested permission to convert a single detached dwelling into a duplex having the required off-street parking space located 2.4m from the property line rather than the required 6m. The Committee considered Development Services Department report DSD-2021-180 dated September 10, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner dated September 3, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. T. Bauer was in attendance in support of the application and staff’s recommendation. T. Bauer confirmed their intention to widen the driveway and spoke to their flexibility in the location of the stairway to the proposed unit. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to include a second condition requiring the property owner to complete the widening of the driveway to the satisfaction of the City’s Planning Division before the issuance of a building permit within one year of the date of the decision. Moved by S. Hannah Seconded by J. Meader That the application of ANTHONY BAUER and TERRAN EDWIN and VICTORIA SEITZ requesting permission to convert a single detached dwelling into a duplex having the required off-street parking space located 2.4m from the property line rather than the required 6m, on Lot 96, Reference Plan 946, 61 Warren Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. The owner shall complete the widening of the driveway to the satisfaction of the City’s Planning Division before the issuance of a building permit within one year from the date of the decision. 2. The owner shall submit a building permit application to convert the single detached dwelling to a duplex dwelling prior to construction to the satisfaction of the City’s 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 COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 216 - CITY OF KITCHENER 7. Submission No.: A 2021-097 Applicants: Welcome Home Construction Property Location: 17-19 Peter Street Legal Description: Part Lot 48, Plan 364 Appearances: In Support: D. Aston Contra: None Written Submissions: S. Anderson The Committee was advised the applicant has requested permission to construct a 3.5-storey 10- unit multi-residential townhouse development having a parking rate of 1 off-street parking spaces/per unit (10 spaces) rather than the required 1.25 off-street parking spaces/per unit (13 spaces). The Committee considered Development Services Department report DSD-2021-178 dated August 30, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner dated September 3, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. The Committee considered the written submission in opposition to the subject application. D. Aston was in attendance in support of the application and staff’s recommendation. In response to questions from the Committee, D. Aston confirmed the site plan application is ready to submit and incorporates pre-consultation feedback from City staff and that the proposed building height would be 10.5m. In response to B. McColl’s questions, B. Bateman confirmed the requested parking rates would align with the new Zoning By-law. In response to S. Hannah’s questions, S. Ryder spoke to considerations for visitor parking rates, including access to downtown parking and transit. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to clarify that the parking rate of 1 off-street parking spaces/per unit is inclusive of visitor parking. Moved by S. Hannah Seconded by B. McColl That the application of WELCOME HOME CONSTRUCTION requesting permission to construct a 3.5-storey 10-unit multi-residential townhouse development having a parking rate of 1 off-street parking spaces/per unit (10 spaces) rather than the required 1.25 off-street parking spaces/per unit (13 spaces), inclusive of visitor parking, on Part Lot 48, Plan 364, 17-19 Peter Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. The owner shall submit and receive approval of a site plan application for a 10-unit back to back townhouse development. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 217 - CITY OF KITCHENER 7. Submission No.: A 2021-097 (Cont’d) 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account 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 2021-98 Applicants: 20 Queen St GP Inc Property Location: 16-20 Queen Street North Legal Description: Part Lot 8, Registered Plan 396, and Part 2 & 7, Plan 401, and Parts 2 & 3 of Reference Plan 58R-2923 D. Cybalski declared a pecuniary interest with this application due to an interest in the subject property. As such, he did not participate in any discussion or voting with respect to this application and left the meeting for the remainder of this item. B. McColl assumed the role of Chair. Appearances: In Support: K. Muir T. Ulmer Contra: None Written Submissions: None The Committee was advised the applicant had requested permission to construct a 34-storey mixed-used building with 236 dwelling units and a ground floor community amenity area having a minimum yard abutting Goudies Lane of 0.0m rather than the required 1m setback; a minimum façade openings of 20% with no maximum horizontal distance for display windows or entrances, rather than the required 50% façade openings with a maximum of 4m horizontal distance; zero off- street parking spaces for the residential parking, rather than the required 1 off-street parking spaces/per unit (184 spaces); and, zero off-street parking spaces for the community amenity area, rather than the required 1 off-street parking spaces/per 23 sq.m. (11 spaces). The Committee considered Development Services Department report DSD-2021-189 dated September 15, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner dated September 3, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. K. Muir was in attendance in support of the application and staff’s recommendation. In response to S. Hannah's questions, A. Pinnell confirmed that the first two conditions are to preserve the building façade and heritage designation, the rate of bicycle parking is consistent with the new Zoning By-law, conditions included Planning bonusing provisions, and that transportation staff are closely monitoring downtown parking. In response to J. Meader's questions, A. Pinnell confirmed that bicycle parking has previously been registered on title and that requirements for bicycle parking are included in the new Zoning By-law. COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 218 - CITY OF KITCHENER 8. Submission No.: A 2021-098 (Cont’d) Moved by J. Meader Seconded by M. Kidd That the application of 20 QUEEN ST GP INC requesting permission to construct a 34-storey mixed-used building with 236 dwelling units and a ground floor community amenity area having a minimum yard abutting Goudies Lane of 0.0m rather than the required 1m setback; a minimum façade openings of 20% with no maximum horizontal distance for display windows or entrances, rather than the required 50% façade openings with a maximum of 4m horizontal distance; zero off- street parking spaces for the residential parking, rather than the required 1 off-street parking spaces/per unit (184 spaces); and, zero off-street parking spaces for the community amenity area, rather than the required 1 off-street parking spaces/per 23 sq.m. (11 spaces), on Part Lot 8, Registered Plan 396, and Part 2 & 7, Plan 401, and Parts 2 & 3 of Reference Plan 58R-2923, 16- 20 Queen Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That this approval shall apply only to the development proposed through Site Plan Application SP21/040/Q/AP. 2. That the owner shall enter into an agreement with the City of Kitchener to be registered on title, to the satisfaction of the City Solicitor, requiring the following: i. That a total of 244 on-site bicycle parking spaces shall be provided, to the satisfaction of Transportation Services staff, including: 236 indoor, secured, long-term bicycle parking spaces for residents, and 8 short-term bicycle spaces to be utilized by visitors and users of the community amenity space. 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 2021-099 Applicants: Jeff Wilson and Margaret Wilson Property Location: 111 Gay Crescent Legal Description: Lot 79, Plan 1197 D. Cybalski re-entered the meeting and resumed the role of Chair. Appearances: In Support: J. Wilson Contra: None Written Submissions: A. Remias The Committee was advised the applicant had requested permission to construct an accessory building (shed) in the rear yard of an existing single detached dwelling with the accessory building having a proposed maximum height to the underside of the facia of 4.5m rather than the permitted maximum of 3m. COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 219 - CITY OF KITCHENER 9. Submission No.: A 2021-099 (Cont’d) The Committee considered Development Services Department report DSD-2021-188 dated September 10, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner dated September 3, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. The Committee considered the written submission in opposition to the subject application. J. Wilson was in attendance in support of the application and staff’s recommendation. In response to S. Hannah’s questions about where the proposed shed would be placed, J. Wilson confirmed it would be located in the back corner of the lot for storage and hobby space. The Committee members noted their concern about the lack of drawings included with the application. E. Schneider explained that Planning staff accepted the elevation because the lower side of the shed was projected towards the neighbour and the property owner confirmed they would be meeting setback requirements. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to add conditions requiring the proposed increased height be located internal to the property to the satisfaction of the City’s Planning Division and that the height of the structure at the easterly side yard setback should not exceed Zoning By-law requirements. Moved by B. McColl Seconded by S. Hannah That the application of JEFF WILSON and MARGARET WILSON requesting permission to construct an accessory building (shed) in the rear yard of an existing single detached dwelling with the accessory building having a proposed maximum height to the underside of the facia of 4.5m rather than the permitted maximum of 3m, on Lot 79, Plan 1197, 111 Gay Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. The owner shall apply for a building permit prior to construction to the satisfaction of the City’s Building Division. 2. That the increased height be located internal to the property to the satisfaction of the City’s Planning Division. 3. That the height of the structure at the easterly side yard setback should not exceed Zoning By-law requirements. 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 September 21, 2021 - 220 - CITY OF KITCHENER 10. Submission No.: A 2021-100 Applicants: Activa Holdings Inc Property Location: 932 Eaglecrest Court Legal Description: Lot 199, Registered Plan 58M-512 Appearances: In Support: A. Baulk Contra: None Written Submissions: None The Committee was advised the applicant had requested permission to legalize a single detached dwelling under construction having a rear yard setback of 7.31m rather than the required 7.5m; and, driveway width of 6.5m rather than the maximum permitted 5.86m; and, garage width 56% rather than the maximum permitted 50% of lot width. The Committee considered Development Services Department report DSD-2021-184 dated September 10, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner dated September 3, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. The Committee considered the written submission in opposition to the subject application. A. Baulk was in attendance in support of the application and staff’s recommendation. It was suggested and agreed that the wording for the Committee’s decision on this date be amended to correct a clerical error to clarify the requested driveway width and garage width. Moved by J. Meader Seconded by M. Kidd That the application of ACTIVA HOLDINGS INC requesting permission to legalize a single detached dwelling under construction having a rear yard setback of 7.31m rather than the required 7.5m; and, driveway width of 6.5m rather than the maximum permitted 5.86m; and, garage width 56% rather than the maximum permitted 50% of lot width, on Lot 199, Registered Plan 58M-512, 932 Eaglecrest Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit a revised building permit to the satisfaction of 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 COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 221 - CITY OF KITCHENER 11. Submission No.: A 2021-101 Applicants: PDC Block 8 & 10 Industrial GP Inc Property Location: 20 Pearson Street & 160 Bullock Street Legal Description: Blocks 8 & 10, Registered Plan 58M-656 Appearances: In Support: H. Price Contra: None Written Submissions: None The Committee was advised the applicant had requested permission to construct an industrial building having stairs exceeding 0.6m in height to be located 1.8m from the property line abutting Bullock Street rather than the required 3m. The Committee considered Development Services Department report DSD-2021-187 dated September 10, 2021, recommending approval of this application. The Committee considered the report of the Region of Waterloo Transportation Planner dated September 3, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. H. Price was in attendance in support of the application and staff’s recommendation. Moved by B. McColl Seconded by J. Meader That the application of PDC BLOCK 8 & 10 INDUSTRIAL GP INC requesting permission to construct an industrial building having stairs exceeding 0.6m in height to be located 1.8m from the property line abutting Bullock Street rather than the required 3m, on Blocks 8 & 10, Plan 58M-656, 20 Pearson Street, Kitchener, Ontario & 160 Bullock 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 12. Submission No.: A 2021-102 Applicants: Schlegel Villages Inc Property Location: 695 Block Line Road Legal Description: Lot 5 and Part Lot 4, Plan 1483 Appearances: In Support: V. Schmidt R. Hammond COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 222 - CITY OF KITCHENER 12. Submission No.: A 2021-102 (Cont’d) Contra: None Written Submissions: None The Committee was advised the applicant has requested permission to construct a 3-storey addition on an existing 5-storey institutional building having a building height greater than 14m without the required minimum street line stepback of 3m. The Committee considered Development Services Department report DSD-2021-186 dated September 10, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner dated September 3, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. V. Schmidt and R. Hammond were in attendance in support of the application and staff’s recommendation. Moved by B. McColl Seconded by J. Meader That the application of SCHLEGEL VILLAGES INC requesting permission to construct a 3-storey addition on an existing 5-storey institutional building having a building height greater than 14m without the required minimum street line stepback of 3m, on Lot 5 and Part Lot 4, Plan 1483, 695 Block Line Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit a site plan application to the satisfaction of the Director of Planning. 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 13. Submission No.: A 2021-103 & A 2021-104 Applicants: Rockway Holdings Limited Property Location: 331 & 341 Hesh Crescent Legal Description: Parts 8 & 9 on Reference Plan 58R-16128 Appearances: In Support: C. Pidgeon Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 223 - CITY OF KITCHENER 13. Submission No.: A 2021-103 & A 2021-104 (Cont’d) The Committee was advised the applicant had requested permission to add the use "Bulk Fuel and Oil Storage Establishment" to the subject lands to allow for the construction of a wholesale compressed gases establishment. The Committee considered Development Services Department report DSD-2021-185 dated September 10, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner dated September 3, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. C. Pidgeon was in attendance in support of the application and staff’s recommendation. Submission No. A 2021-103 Moved by S. Hannah Seconded by B. McColl That the application of ROCKWAY HOLDINGS LIMITED requesting permission to add the use "Bulk Fuel and Oil Storage Establishment" to the subject lands to allow for the construction of a wholesale compressed gases establishment, on Parts 8 & 9 on Reference Plan 58R-16128, 331 Hesh Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit a site plan application to the satisfaction of the Director of Planning. 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 Submission No. A 2021-104 Moved by S. Hannah Seconded by B. McColl That the application of ROCKWAY HOLDINGS LIMITED requesting permission to add the use "Bulk Fuel and Oil Storage Establishment" to the subject lands to allow for the construction of a wholesale compressed gases establishment, on Parts 8 & 9 on Reference Plan 58R-16128, 341 Hesh Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit a site plan application to the satisfaction of the Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 224 - CITY OF KITCHENER 13. Submission No.: A 2021-103 & A 2021-104 (Cont’d) 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 CONSENT APPLICATIONS 1. Submission No.: B 2021-043 Applicants: JEC Properties Inc Property Location: 303 Park Street Legal Description: Lot 13, Registered Plan 184 Appearances: In Support: S. Cechovsky Contra: None Written Submissions: None The Committee was advised the applicant had requested permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.6m, a depth of 45.9m and an area of 344.6 sq.m. The retained land will have a width of 7.6m, a depth of 42.3m and an area of 329.3 sq.m The Committee considered Development Services Department report DSD-2021-181 dated September 10, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated September 10, 2021, advising they have no objection to this application subject conditions incorporated into staff’s recommendation. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. S. Cechovsky was in attendance in support of the application and staff’s recommendation. In response to questions, B. Bateman explained that the compensation for removing a City-owned tree was set by the City's arborist and Park Services. COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 225 - CITY OF KITCHENER 1. Submission No.: B 2021-043 (Cont’d) Moved by B. McColl Seconded by J. Meader That the application of JEC PROPERTIES INC requesting permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.6m, a depth of 45.9m and an area of 344.6 sq.m. The retained land will have a width of 7.6m, a depth of 42.3m and an area of 329.3 sq.m, on Lot 13, Registered Plan 184, 303 Park 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 for park dedication on the severed parcel equal in the amount of $3,491.86. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 4. That the owner shall make satisfactory financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and retained lands. 5. That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the owner shall provide Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner shall provide compensation for removal of a City owned tree, in the amount of $1000.00 or a Landscape Plan prepared to City standards illustrating a new street tree for each lot, for replacement plantings, and the boulevard restored to City standards, to the satisfaction of the City’s Director of Parks and Cemeteries. 10. That the owner shall submit the Regional consent review fee of $350.00 per new lot created. COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 226 - CITY OF KITCHENER 1. Submission No.: B 2021-043 (Cont’d) 11. That the owner shall enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: i. The dwelling will be fitted with forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant’ s discretion. ii. The following noise warning clause will be included in all offers of purchase, deeds and rental agreements: a. Noise Warning Clause C: “The purchasers / tenants are advised that sound levels due to increasing road traffic on Park Street and CN Railway 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). 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)”. b. Warning: “CN Railway/Goderich Exeter Railway or their 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). CN Railway/Goderich Exeter Railway 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.” 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 September 21, 2023. Carried COMMITTEE OF ADJUSTMENT MINUTES September 21, 2021 - 227 - CITY OF KITCHENER ADJOURNMENT On motion, the meeting adjourned at 11:15 a.m. Dated at the City of Kitchener this 21st day of September, 2021. Sarah Goldrup Acting Secretary-Treasurer Committee of Adjustment