HomeMy WebLinkAboutDSD-2021-199 - B 2021-047 - 81 Fifth AveREPORT TO:Committee of Adjustment
th
DATE OF MEETING:October 19
, 2021
SUBMITTED BY:Bateman, Brian,Senior Planner,519-741-2200 ext. 7869
PREPARED BY:Kelly-Ruetz,Richard,Project Manager, 519-741-2200ext. 7110
WARD(S) INVOLVED:Ward3
DATE OF REPORT:October 8,2021
REPORT NO.:DSD-2021-199
SUBJECT:Consent ApplicationB2021-047
81 Fifth Ave
Owner:Branislav & Sanja Mikan
Applicant: Boban Jokanovic
RECOMMENDATION:
That application B2021-047for consent to severthe existing lotinto twonewlots for the
development of a semi-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 $3505.20.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 single detached dwelling existing as of October 1, 2021be demolished to
the satisfaction of the City’s Planning Divisionregarding Demolition Control and the
Chief Building Official regarding a demotion permit.
5.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.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
6.That any new driveways are to be built to City of Kitchener standards at the Owner’s
expense prior to occupancy of the building to the satisfaction of the City’s
Engineering Division.
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 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.
10.The owner shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on titleof the severed and retained lands, which
shall include the following:
a.That the owner shall prepare a Tree Preservation Plan for the severed and
retained lands in accordance with the City’s Tree Management Policy, to be
approved by the City’s Director of Planningand implemented prior to any
grading, servicing, tree removal or the issuance of building permits. Such plans
shall include, among other matters, the identification of a proposed building
envelope/work zone, landscaped area and vegetation to be preserved.
b.The owner further agrees to implement the approved Tree Preservation
Plan.No changes to the said plan shall be granted except with the prior
approval of the City’s Director of Planning.
c.The owner agrees to maintain the severed and retained lands, in accordance
with the approved Tree Preservation Plan, for the life the development.
11.That the owner complete one of the following items, to the satisfaction of the City’s
Director of Parks and Cemeteries:
a.A Tree Protection and Enhancement Plan showing suitable protection of an
existing City-owned street tree (#149091) during construction; or,
b.Showing replacement of the existing City-owned street tree (#149091) with 2
suitable trees on a Street Tree Planting Plan following City of Kitchener
Development Manual standards; or,
c.Suitable financial compensation forthe removal of aCity owned tree(#149091).
12.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 recommend conditional approval of a consent application
requesting to create a lot by severing an existing lot into two lotsfor the purposes of constructing
a semi-detached dwelling.
There are no financial implications tothe City.
This report supports the delivery of core services.
Proposed lot fabric and semi-detached dwelling footprint
Location Map: 81 Fifth Avenue
REPORT:
BACKGROUND:
The property is designated as Low Rise Residentialin the City’s Official Plan and zoned Residential
FourZone(R-4)in Zoning By-law 85-1.
Planning Comments:
The Owner is requesting permissionto sever the subject lands into two equal sized lots. The severed
and retained lot would each have a lot width of 7.62metres, a depth of 50.269metres, and an area
of 383.1square metres. The existing single detached dwelling on the lot would be demolished and
subsequently replaced with a semi-detached dwelling.
The existing development of the neighbourhood consists of a mix of single detached dwellingsand
semi-detached dwellings.This section of Fifth Avenue has undergone a transition over the past
several years, whereby older 1-2 storey dwellings have been demolished and replaced with newer
2-storey single or semi-detached dwellings. As such, there is not a consistent built form upon which
to evaluate the impact of a new semi-detached dwelling as proposed.
It should be noted that the front yard setback from Residential Intensification in Established
Neighbourhoods Study (RIENS) Area will apply, requiring the setback for the new semi-detached
dwelling to be based on the average setback of the dwellings on either side of the subject property
(rather than a fixed setback). This will help mitigate impacts of the new dwelling in the
neighbourhood. Additionally, the buildings will be required to meet the pedestrian entrance
regulations that state a maximum of one pedestrian entrance for each semi-detached house may be
located on each street line façade.
City Planning staff conducted a site inspection of the property on September 29, 2021.
Existing single detached dwelling at 81 Fifth Ave
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City’s
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape
of the proposed lots are suitable for the use of the lands and compatible with the surrounding
community. Staff is further of the opinion that the proposal is consistent with the Provincial Policy
Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The lands front onto
a public street and full services are available.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot.Separate building permit(s) will be required for the demolition of the
existing building, as well as construction of the new residential buildings.
Heritage Comments:
Heritage Planning has noconcerns with the proposed application.
Environmental Planning Comments:
The Owner shall enter into an agreement on both the severed and retained lands to complete a tree
management plan prior to any building permitbeing issued.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new 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.
Parksand CemeteriesComments:
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 $3505.20. Park Dedication is calculated at
5% of the new development lots only, with a land valuation calculated by the lineal frontage of
(7.62m) at a land value of $9,200 per frontage meter.
An existing City-owned street tree (#149091) will be impacted by the proposed severance and
development. A Tree Protection and Enhancement Plan showing suitable protection is required to
the satisfaction of Parks & Cemeteries staff prior to approval. Alternatively, a) replacement of 2
suitable trees can be shown on a Street Tree Planting Plan following City of Kitchener Development
Manual standards to the satisfaction of Parks & Cemeteries staff or b) suitable financial
compensation can be provided prior clearance of Parks and Cemeteries conditions.
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:
There are no previous reports/authorities related to this matter.
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.