HomeMy WebLinkAboutDSD-2021-191 - B 2021-044 - 51 Nelson Ave.REPORT TO:Committee of Adjustment
DATE OF MEETING:October 19, 2021
SUBMITTED BY:Bateman, Brian,Senior Planner,519-741-2200 ext. 7869
PREPARED BY:Seyler,Tim,Planner, 519-741-2200ext. 7860
WARD(S) INVOLVED:Ward1
DATE OF REPORT:October 8,2021
REPORT NO.:DSD-2021-191
SUBJECT:Consent ApplicationB2021-044
51 Nelson Avenue
Owner& Applicant:John Mesina c/o Parkwood Homes (KW) Ltd.
RECOMMENDATION:
That application B2021-044for consent to severthe existing lotinto twonewlots for
purposes of creating a lot for each unit in asemi-detached dwelling be approved subject to
the following conditions:
1.That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject propertyto the satisfaction of the
City’s Revenue Division;
2.That the owner paysto the City of Kitchener a cash-in-lieu contribution for park
dedication on the severed parcel equal in the amount of $7,254.20.Thepark land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage
land value for the severed portion.
3.That the owner providesa digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyorin PDF and either .dwg (AutoCad) or .dgn (Microstation)
format, as well as two full size paper copies of the plan(s).The digital file needs to
be submitted according to the City of Kitchener's Digital Submission Standards to
the satisfaction of the City’s MappingTechnologist.
4.That the Owner makesfinancial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the
severed and retained lands.
5.That the Owner makes financial arrangements to the satisfaction of the City’s
Transportation and Engineering Division for the funds for the future sidewalkfor the
entire severed portion of lands fronting Schweitzer Street.
6.That any new driveways are to be built to City of Kitchener standards at the Owner’s
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
expense prior to occupancy of the building to the satisfaction of the City’s
Engineering Division.
7.That the Owner providesa servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
8.That the Owner submitsa 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.
9.That the Owner provides Engineering staff with confirmation that the basement
elevation can be drained by gravity to the street sewers.If this is notthe 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.
10.That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to make a recommendation for the proposed request to to create
a lot by severing an existing lot into two lots.
There are no financial implications to the City.
This report supports the delivery of core services
To be severed
To be retained
Proposed lot fabric
Location Map: 51 Nelson Avenue
REPORT:
BACKGROUND:
The property is designated as Low Rise Residentialin the City’s Official Plan and identified asa
Community Areaon the City’s Urban StructureMap.
The property is zoned as Residential Three Zonein Zoning By-law 85-1.
Planning Comments:
The single detached dwelling on the property has beendemolishedand is being replaced withanew
semi-detached dwelling on the severedand retained lands. The existing development of the
neighbourhoodconsists of a mix of single detached dwellings, semi-detached dwellings, and multiple
dwellings. Lot sizes vary in width, depth, and area in this neighbourhood.
The Owner is requesting permissionto sever the subject lands into two lots. The severed lotwould
have a lot width of 15.77metres, a depth of 23.77metres, and an area of 374.85square metres.
The retained lot would have a lot width of 23.77metres, a depth of 20.19metres, and an area of
479.92square metres.
City Planning staff conducted a site inspection of the property on October 1, 2021.
Existing semi-detached dwelling at 51 Nelson Avenue
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the two separatelotsfor each side of the
semi-detached dwelling isdesirable and appropriate. The uses of both the severed and retained
parcels are in conformity with the City’s Official Plan and Zoning By-law. Planning staff is of the
opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands
and compatible with the surrounding community. Staff is further of the opinion that the proposal is
consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater
Golden Horseshoe. The lands front onto a public street and full services are available.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot.
Heritage Comments:
Heritage Planning has no concerns with this application.
Environmental Planning Comments:
Environmental Planning has no concerns with this application.
Transportation Services Comments:
Funds for future sidewalk be provided to Engineering for the entire severed portion of lands fronting
Schweitzer Street.
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service this
property, all prior to severance approval. Our records indicate sanitary, storm and water
municipal services are currently available to service this property. Any further enquiries in
this regard should be directed to Niall Melanson(niall.melanson@kitchener.ca).
Any new driveways are to be built to City of Kitchener standards. All works are at the
owner’s expense and all work needs to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure
with corresponding layer names and asset information to the satisfaction of the Engineering
Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by
gravity to the street sewers. If this is not the case, then the owner would have to pump the
sewage via a pump and forcemain to the property line and have a gravity sewer from the
property line to the street.
Parks/Operations Comments:
Cash-in-lieu of park land dedication will be required on the severed parcel as 1 new development
lot will be created. The cash-in-lieu dedication required is $7,254.20. Park Dedication is calculated
at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of
(15.5m) at a land value of $9,200 per frontage meter.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget –The recommendation has no impact on the Capital Budget.
Operating Budget –The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM –This report has been posted to the City’s website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City’s website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
The property was granted a minor variance in 2020, (A2020-020) to permit the construction of a
semi-detached dwelling within the R-3 zoning.
Peter Ellis
519-503-2536
D20-20/21 KIT
October 12, 2021
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re:Comments for Consent ApplicationB2021-044, B2021-046, B2021-
047, B2021-054, and B2021-055
Committee of Adjustment Hearing October 19,2021
CITY OF KITCHENER
B2021-044
51 Nelson Avenue
Parkwood Homes (KW) Ltd / John Mesina
The owner/applicant is proposing to sever the semi-detached dwelling into two legal
parcels.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
_____________________
Document Number: 3846480
B2021-046
74 Admiral Road
2611601 Ontario Inc.
The owner/applicant is proposing to sever the lot into two lots with the intention of
demolishing the current house and building semi-duplex dwelling on each lot.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection
to the proposed application, subject to the following
condition:
1)That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
___________________
B2021-047
81 Fifth Avenue
Branislav and Sanja Mikan / Boban Jokanovic (Agent)
The owner/applicant is proposing to sever the lot into two parcels to allow for the
development of two semi-detached dwellings.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take-off approach surface.Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no objectionto the proposed application, subject tothe following
condition:
1)That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
Document Number: 3846480
________________
B2021-054
74 Rutherford Drive
Mirjana and Pero Perencevic / Boban Jokanovic(Agent)
The owner/applicant is proposing to sever the lot into two parcels.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take-off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no objectionto the proposed application, subject to the following
condition:
1)That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
_____________
B2021-055
134 Woolwich Street
James and Sue Roberts / A. Sinclair and K. Wills (MHBC)
2
The owner/applicant is proposing to sever a 2,820marea from 134 Woolwich Street
and add the severed portion to 124 Woolwich Street.
Environmental Noise(Advisory Comments):
Regional Corridor Planning staff note that any future development on the lands to be
severed requiring a zone change or plan of condominium will be required to undertake
an environmental noise study to assess potential transportation related noise from the
municipal street system in the vicinity of the subject lands. The owners/applicants are
responsible to ensure that any future development does not have any environmental
noise impacts. Regional Staff may offer a more detailed evaluation and/or alternative
Document Number: 3846480
optionsonce more detailed development plans are availableshould future development
on the severed lands be considered.
The Region has no objectionto the proposed application.
General Comments
Any future development on the lands subject to the above-noted consent application will
be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff reports,
decisions and minutes pertaining to each of the consent applications noted above. Should
you require Regional Staff to be in attendance at the meeting or have any questions,
please do not hesitate to contact the undersigned.
Yours truly,
Peter Ellis, MES
Principal Planner
Document Number: 3846480
October 8, 2021
Sarah Goldrup Via email only
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re:October 19,2021Committee of Adjustment Meeting
______________________________________________________________________
Applications for Minor Variance
A 2021-10525 Courtland Avenue EastA 2021-11152 Anvil Street
A 2021-10637 Highland Road WestA 2021-112135 Wellington Street North
A 2021-10726-28 Ellen Street WestA 2021-11475 Louisa Street
A 2021-108102 Fenwick CourtA 2021-11579 Louisa Street
A 2021-109388 King Street EastA 2021-11674 Rutherford Drive
A 2021-110125 Seabrook DriveA2021-11774 Rutherford Drive
Application for Consent
B 2021-04451 Nelson AvenueB 2021-050441 East Avenue
B 2021-04535 Coral Crescent B 2021-051945 Victoria StreetNorth
B 2021-04674 Admiral RoadB 2021-052961 Victoria StreetNorth
B 2021-04781 Fifth AvenueB 2021-05375 & 79 Louisa Street
B 2021-048441 East AvenueB 2021-05474 Rutherford Drive
B 2021-049441 East Avenue
The above-noted applications are located outside the Grand River Conservation Authority
areasof interest. As such, we will not undertake a review of the applications and plan
review fees will not be required. If you have any questions or require additional information,
please contact me at 519-621-2763 ext. 2228 or aherreman@grandriver.ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1
the Grand River Conservation Authority.