HomeMy WebLinkAboutDSD-2021-197 - B 2021-051 & 052 - 945 & 961 Victoria St NREPORT TO:Committee of Adjustment
DATE OF MEETING:October 19, 2021
SUBMITTED BY:Bateman, Brian,Senior Planner, 519-741-2200ext. 7869
PREPARED BY:Vieira, Jessica,Student Planner,519-741-2200ext. 7074
WARD(S) INVOLVED:Ward 1
DATE OF REPORT:October 8, 2021
REPORT NO.:DSD-2021-197
SUBJECT:ConsentApplication B2021-051 & B2021-052
945 Victoria Street North & 961 Victoria Street North
Owner – Pureland Investments Inc. & 2547951 Ontario Inc.
Applicant – Juliane von Westerholt & Andrea Sinclair, C/O MHBC
Planning
RECOMMENDATION:
That application B2021-051 proposing to sever a109.11 square metre triangular parcel of land
from 961 Victoria Street North with a width of 11.07 metres and a depth of 19.74 metres, to be
conveyed as a lot addition to the property municipally addressed as 945 Victoria Street North,
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 property to the satisfaction of the
City’s Revenue Division;
2.That the owner provides a 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.
3.That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
4.That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an
Application Consolidation Parcels immediately following the registration of the
Severance Deed and prior to any new applicable mortgages, and to provide a copy
of the registered Application Consolidation Parcels to the City Solicitor within a
reasonable time following registration.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
That application B2021-052 proposing to sever a 108.6 square metre triangular parcel of land
from 945 Victoria Street North with a width of 11.31 metres and a depth of 19.28 metres, to be
conveyed as a lot addition to the property municipally addressed as 961 Victoria Street North,
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 property to the satisfaction of the
City’s Revenue Division;
2.That the owner provides a 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.
3.That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
4.That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an
Application Consolidation Parcels immediately following the registration of the
Severance Deed andprior to any new applicable mortgages, and to provide a
copy of the registered Application Consolidation Parcels to the City Solicitor
within a reasonable time following registration.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend conditional approval of two consent applications which
are proposing lot additions. Application B2021-051 is requesting to sever a portion of land 109.11
square metres in size from the property municipally addressed as 961 Victoria Street North, to be
conveyed to 945 Victoria Street North. Application B2021-052 is requesting to sever a portion of land
108.6 square metres in size from the property municipally addressed as 945 Victoria Street North,
to be conveyed to961 Victoria Street North.
Figure 1: Location Mapof 945 Victoria Street
Figure 2: Location Map of 961 Victoria Street
Figure 3: Sketch of Proposed Severance and Lot Additions
BACKGROUND:
The two subject properties are located on the easterly side of Victoria Street North in the planning
community of Rosemount. They are neighbouring properties, as depicted in the location maps
(Figure 1 and 2). Both contain commercial uses; 945 Victoria Street North contains a car wash, while
961 Victoria Street North contains an auto repair shop. The surrounding area is characterized by a
mix of commercial and residential uses.
945 Victoria Street Northand 961 Victoria Street aredesignated asCommercialin the City’s Official
Plan and identified as an Urban Corridoron the City’s Urban StructureMap.Both properties are
zoned as General Commercial (COM-2) in Zoning By-law 2019-051.
The applicant is requesting permission to sever and convey triangular portions of each subject
property in a lot addition. The parcel of land to be severed and conveyed to 945 Victoria Street North
would have a width of 11.07 metres, a depth of 19.74 metres, and a total area of 109.11 square
metres. The parcel of land to be severed and conveyed to 961 Victoria Street North would have a
width of 11.31 metres, a depth of 19.28 metres, and a total area of 108.6 square metres. The intent
of these proposed lot additions is to straighten the parcel fabrics and create more regularly shaped
lots. No new lots will be created. The portion of each property to be conveyed is currently used as
landscapearea and contain only a sign, some shrubbery, and grass.
City Planning staff conducted a site inspection of the properties on October 1, 2021.
Figure 4: Existing Landscaped Area Between the Subject Properties
REPORT:
Planning Comments:
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,Planning staff is of the opinion that the proposed severances conform to the
City’s Official Plan and will allow for lot additions. The planned function of the Commercial
designation is to support a range of retail and service commercial uses which cater primarily to the
weekly and daily needs of residents within the surrounding community. Specifically, the Official Plan
notes that the permitted uses on lands designated as Commercial and identified as an Urban
Corridor on Map 2 includes auto services stations or repair of motor vehicles. The resulting
dimensions and shapes of the lots will be appropriate and suitable for the continued commercial use
of the lands. Further, the resulting shape of the properties will continue to reflect the general scale
and character of the established development pattern of surrounding lands.
Staff is also of the opinion that the proposed lot additions and resulting lots meet the zoning by-law,
and that theproposal is consistent with the Provincial Policy Statement and conforms to the Growth
Plan for the Greater Golden Horseshoe.
Based on the foregoing, Planning staff recommends that Consent Application B2021-051 requesting
to sever a portion of the lot (961 Victoria Street North) as a lot addition to 945 Victoria Street North
and Consent Application B2021-052 requesting to sever a portion of the lot 945 Victoria Street North
as a lot addition to 961 Victoria Street North, be approved subject to the conditions listed in the
recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed consents.
Transportation Comments:
Transportation Services does not have any concerns with the proposed applications.
Heritage Comments:
There are no heritage planning concerns associated with these applications.
Engineering Comments:
Since there are no new lots being created, Engineering has no concerns.
Environmental Planning Comments:
There are no natural heritage concerns associated with these applications.
Parks & Cemeteries Comments:
Parkland Dedication is not required as no new lot is created.No City-owned street trees will be
impacted by the proposed severancesor developments.
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
Committeeof Adjustmentmeeting.A notice sign was placed on the propertyadvising 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:
A Site Plan application (SP21/077/V/LT) has been filed for 945 Victoria Street Northand is under
review.
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.