HomeMy WebLinkAboutDSD-2021-193 - B 2021-048 to 050 - 441 East 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:Ward10
DATE OF REPORT:October8, 2021
REPORT NO.:DSD-2021-193
SUBJECT:Consent ApplicationsB2021-048, B2021-049, B2021-050
441 East Avenue
Owners: Richard & Erin Griesbaum
Applicant: Boban Jokanovic
RECOMMENDATION:
That applicationsB2021-048, B2021-049, & B2021-050for consent to create three new lots
and retain one lot to be used for semi-detached dwellingsbe 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 property to 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 $10,515.60.The park 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 Mapping Technologist.
4.That the Owner makesfinancial arrangements to the satisfaction of the City's
Engineering Division for theinstallation of any new service connections to the
severed and/or retained lands.
5.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.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
6.That the Owner providesa servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
7.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.
8.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.
9.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 and removes the existing
dwelling prior to the creation of the lots.
10.That the owner shall enter into an agreement with the City of Kitchener to be prepared
by theCity Solicitor and registered on title of the severed and retained lands which
shall include the following:
a)That prior to any grading, servicing or the application or issuance of a building
permit, the owner shall submit a plan, prepared by a qualified consultant, to the
satisfaction and approval of the City’s Director of Planning showing:
(i)the proposed location of all buildings (including accessory buildings and
structures), decks and driveways;
(ii)the location of any existing buildings or structuresthat areto be
removed or relocated;
(iii)the proposed grades and drainage;
(iv)the location of all trees to be preserved, removed or potentially impacted
on or adjacent to the subject lands, including notations of their size,
species and condition;
(v)justification for any trees to be removed; and
(vi)outline tree protection measures for trees to be preserved; and
b)Any alteration or improvement to the lands including grading, servicing, tree
removal and the application or issuance of any building permits shall be in
compliance with the approved plan. Any changes or revisions to the plan require
the approval of the City’s Director of Planning.
11.That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
12. That the Owner shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on title of the severed and retained lands which
shall include the following:
a)That the Owner shall prepare a Tree Preservation/Enhancement 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 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.
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.
d)The owner submits a site layout plan to be reviewed by the Planning and
Transportation Divisions to approve the proposed driveway locations prior
to the issuance of a building permit.
b) The Owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City’s Director of
Planning.
REPORT HIGHLIGHTS:
The application is requesting to create three new lots and retain one lot equal insize to be used for
semi-detached dwellings.
Proposed lot fabrics
Location Map: 441 East Avenue
REPORT:
BACKGROUND:
The property is designated as Low Rise Residential in the City’s Official Plan and identified as a
Community Area on the City’s Urban Structure Map.
The property is zoned as Residential Four Zone in Zoning By-law 85-1.
Planning Comments:
The single detached dwelling on the property is proposed to be demolishedand replaced with two
semi-detacheddwellings on the severedand retained lands(four units in total). 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 neighborhood.
The Owner is requesting permission to sever the subject lands into fourequal sized lots. The
severed lots(Parcels B, C and D )would have lot frontages of 7.62metres and an area of 278.7
square metres,while the retained lot(Parcel A)wouldalsohave a lot frontageof 7.62metres, and
an area of 278.7square metres. The proposed lot widths and lot areas of the lotsexceed the
minimum R-4 zone lot width and lot area requirements. The applicant has also provideda concept
plan showingthe proposed semi-detached dwelling building footprints.Although the concept plan
does not identify the proposed buildings with the correct front yard setback, the new buildings will be
required to be in full compliance with the Appendix “H”(Zoning By-law 85-1)front yard setback
requirements.The Appendix “H” front yard setback requirement applies to established residential
neighbourhoodswhichensures new infill development front yard setbacks are compatible with
adjacent residential building front yard setbacks.
City Planning staff conducted a site inspection of the property on October1, 2021.
Existing single detached dwelling at 441 East 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 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 will be required for the construction of the
new residential building.
Heritage Comments:
Heritage Planning staff do not have concerns with this application. However, it is noted for
information that the subject property is located adjacent to a listed property (400 East Avenue/1963
Eugene George Way).
Environmental Planning Comments:
The owner is required to enter into an agreement registered on title of both the severed and retained
lands to submit, obtain approval of, and implement a Tree Preservation / Enhancement Plan prior to
grading, building permit,etc.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application. The pairing of
driveways should be accommodated for this proposal.
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 and water municipal
services are currently available to service this property. Any further enquiries in this regard
should be directed toNiall Melanson (niall.melanson@kitchener.ca).
The owner shall extend the municipal storm sewer or implement a suitable design solution for
a sump pump outlet to the satisfaction of the Engineering Division.
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 forcemainto the property line and have a gravity sewer from the property line to
the street.
Parksand CemeteriesComments:
A cash-in-lieu of park land dedication will be required on the severed parcelsas 3 new development
lots will be created. The cash-in-lieu dedication required is $10,515.60.
Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated
by the lineal frontage (22.86m (3x7.62m)) at a land valueof $9,200 per frontage meter.
Two existing City-owned street trees (#165382 and #103156) will be impacted by the proposed
severances and development. A Tree Protection and Enhancement Plan showing suitable
protection is required to the satisfaction of Parks & Cemeteries staff prior to approval. The existing
northern tree (Norway Maple #165382) may be able to be protected in place with the proposed lot
and development configuration. The existing southern tree (Hackberry #103156) may be able to
be protected in place with a revised lot driveway configuration to the outside. Alternatively, a)
replacement of 4 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 –Therecommendation 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.
Proposed Concept Plan–441 East Avenue
Peter Ellis
519-503-2536
D20-20/21 KIT
October 14, 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 ApplicationB2021-045, B2021-048, B2021-
049, B2021-050, B2021-051, B2021-052, and B2021-053
Committee of Adjustment Hearing October 19,2021
CITY OF KITCHENER
B2021-045
35 Coral Crescent
2611601 Ontario Inc.
The owner/applicant is proposing to sever the lot into two smaller lots with the intention
of demolishing the current house and building a duplex 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.
Record of Site Condition:
Regional Staff note that a Record of Site Condition (RSC) for both the retained and
severed parcels will be required prior to final approval due to known contamination
(former landfills in the area) on an adjacent property in accordance with the Region’s
“Implementation Guideline for the Review of Development Applications On or Adjacent
to Known and Potentially Contaminated Sites”.A copy of the RSC and a copy of the
Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks
must be submitted to the Region of Waterloo to fulfill this condition.
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
Document Number: 3846871
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 NavCanada.
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
conditions:
1)That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2)That prior to final approval, the owner/applicant file a Record of Site Condition for
both the retained and severed lands.
_____________
B2021-048, B2021-049, andB2021-050
441 East Avenue
Erin and Richard Griesbaum / Boban Jokanovic (Agent)
The owner/applicant is proposing to sever theexisting lot into four equal parcels to allow
the future development of four semi-detached dwellings.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot createdprior to final approval of the consents.
Environmental Noise:
The proposed severed and retained lots are located within 200 metres (approx. 88m) of
Weber Street (Regional Road No. 08) and would likely have impacts from transportation
noise in the vicinity. Staff also note that there may be other potential stationary noise
sources in the vicinity.
Therefore, in lieu of the applicant undertaking a detailed environmental noise study to
assess the environmental noise impacts on the proposed residential dwellings on
retained and severed lots,Regional staff have agreed to require the following noise
attenuation measures implemented through a registered agreement with the Region of
Waterloo as a condition of approval, for alldwelling units on both the retained and
severed lots:
Document Number: 3846871
1)The dwelling unit(s) must be installed with air-ducted heating and ventilation
system(s), suitably sized and designed with the provision of adding central air-
conditioning.
2)The dwelling unit(s) will be registered with the following noise warnings clauses
on title:
a)Noise Warning Clause “A” :
“Thepurchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street East (RR #8) may on occasioninterfere with some
activities of the dwelling occupants as the sound levels exceed the sound level
limits of the Region of Waterloo and the Ministry of the Environment
Conservation & Parks (MECP).”
b)Noise Warning Clause “C” :
“This dwelling unit 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 Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MOECP).”
The Region has no objectionto the proposed applications, 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($350 x 3 new lots = $1,050).
2)That prior to final approval, the owner/applicant enter into an agreement with the
Region of Waterlooto 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 unit(s) will be fitted with air-ducted heating and ventilation
system(s), suitably sized and designed with the provision of adding central
air-conditioning.
ii.Thefollowing noise warning clauseswill be included in all offers of
purchase, deeds and rental agreements:
a.Noise Warning Clause A : “The purchasers/tenants are advised that
sound levels due to increasing road traffic on Weber Street East (RR
#8) may on occasion interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the
Region of Waterloo and the Ministry of the Environment Conservation
and Parks (MECP).”
Document Number: 3846871
b.Noise Warning Clause C:“This dwelling unit 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 Region of Waterloo and the Ministry of the
Environment Conservation and Parks (MECP).”
___________________
B2021-051 and B2021-052
945 and 961 Victoria Street North
Pureland Investments Inc. and 2547951 Ontario Inc. / J. Von Westerholt and A.
Sinclair (MHBC -Agent)
The owner/applicant is proposing to convey a part from 945 Victoria St N to 961 Victoria
St N and a part from 961 Victoria St N to 945 Victoria St N,which is essentially a land
swap between two property owners, in order to straighten the parcel fabric to create
more regular shaped parcels.
Source Protection Plan Compliance (Section 59 Notice):
Thesubject lands are located in aSource Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/to obtain a valid
Section 59 Notice.
Environmental Noise:
An incomplete Noise Impact Study (stationary noise) dated May 26, 2021 prepared by
‘aerocoustics’ has been provided to Regional staff with the related Site Plan application
SP 21/077/V/LT. Regional staff understand that the draft noise study was submitted to
assess the impacts of stationary noise from the proposed development on the nearby
noise sensitive land uses.
The noise study is incomplete as it was not signed or stamped by a qualified noise
consultant/acoustical engineer. Please note that this noise study will not be formally
reviewed, accepted, or approved until these items are completed to Regional staff’s
satisfaction.
Regional staff requirethat the conclusions and recommendations of the noise study,
once accepted and approved by Regional staff, will be implemented through a
registered agreement with the owner/applicant and the appropriate municipal authority
(City or Region).
The Region hasno objectionto the proposed application, subject to the following
condition:
Document Number: 3846871
1)That prior to final approval, the owner/applicant must submit a valid section 59
notice.
2)That prior to final approval, the owner/applicant is required to enter into an
agreement with the either the City of Kitchener or Region of Waterloo to
implement the conclusions and recommendations of an accepted Noise
Feasibility Study, which includes, but is not limited to,stationary noise
recommendations in the agreement as well as applicable noise warning clauses
in all agreements of Offers of Purchase and Sale, lease/rental agreements,
condominium declarations for all units on the subject lands.
____________________
B2021-053
75 and 79 Louisa Street
Randall Masyk
The owner/applicant is proposing to sever two properties that inadvertently merged
together on title.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot createdprior to final approval of the consent.
Environmental Noise:
Thesubject properties are located within 300 metres of CN Railway rights-of-way. As
there may be alterations to or expansions of the railway facilities in the future, and since
an expansion of railway operations may affect the living environment of the residents in
the vicinity, both the severed and retained lots will be required to enter into an
agreement with the City of Kitchenerwith the following railway warning clause:
“Warning: Canadian National Railway (CNR) Company or its assigns or
successors in interest has or have a rights-of-way within 300 metres from the
land the subject thereof. There may be alterations to or expansions of the railway
facilities on such rights-of-way in the future including the possibility that the
railway or its assigns or successors as aforesaid may expand its operations,
which expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures in
the design of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such facilities and/or
operations on, over or under the aforesaid rights-of-way.”
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: 3846871
2)That prior to final approval, the owner/applicantenter into an agreement with the
City of Kitchener to include the following railway warning clause in all Offers of
Purchase and Sale, lease/rental agreements, condominium declarations for all
dwellings on the severed and retained lands:
“Warning: Canadian National Railway (CNR) Company or its assigns or
successors in interest has or have a rights-of-way within 300 metres from the
land the subject thereof. There may be alterations to or expansions of the
railway facilities on such rights-of-way in the future including the possibility that
the railway or its assigns or successors as aforesaid may expand its
operations, which expansion may affect the living environment of the residents
in the vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual
dwelling(s). CNR will not be responsible for any complaints or claims arising
from use of such facilities and/or operations on, over or under the aforesaid
rights-of-way.”
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 acopy 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
Cc:Amanda Kutler (Region)
Document Number: 3846871
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.