HomeMy WebLinkAboutDSD-2021-202 - B 2021-053 & A 2021-114 to 115 - 75 & 79 Louisa StREPORT TO:Committee of Adjustment
DATE OF MEETING:October 19, 2021
SUBMITTED BY:Bateman, Brian,Senior Planner,519-741-2200 ext. 7869
PREPARED BY:Schneider,Eric,Senior Planner,519-741-2200ext. 7843
WARD(S) INVOLVED:Ward10
DATE OF REPORT:October 8, 2021
REPORT NO.:DSD-2021-202
SUBJECT:Minor Variance Applications A2021-114-115
Consent ApplicationB2021-053
75 & 79 Louisa Street
Owner& Applicant-Randall Masyk
RECOMMENDATION:
That application A2021-114 relating to 75 Louisa Street to legalize a front yard setback of
2.3m rather than the required 4.5m, a westerly side yard setback of 0.86m rather than the
required 1.2m; and, an easterly side yard setback for accessory structure of 0.4m rather than
the required 0.6m be approved.
That application A2021-115 relating to 79 Louisa Street to legalize a front yard setback of
2.1m rather than the required 4.5m, a westerly side yard setback of 1.1m rather than the
required 1.2m; and, a westerly side yard setback for accessory structure of 0.5m rather than
the required 0.6m be approved.
That application B2021-053for consent to sever into two lotsbe 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(ies) to the satisfaction of
the City’s Revenue Division;
2.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.
3.That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT HIGHLIGHTS:
The two subject properties inadvertently merged on title. The owner is seeking permission to reverse
this merger through a severance application. Minor variances are required to legalize the existing
conditions on site. No development or construction is proposed as part of these applications.
Location Map: 75 & 79 Louisa Street
REPORT:
BACKGROUND:
The property is designated asLow Rise Residentialin the City’s Official Plan and identified asa
Major Transit StationAreaon the City’s Urban StructureMap.
The property is zoned asResidential FiveZone(R-5)with Special Use Provision 129Uin Zoning
By-law 85-1.
Planning Comments:
The applicant is requesting permission to sever the two properties to re-establish the historical lot
lines. As a result,the following minor variancesfor yard setbacks to recognize the existing site
conditions are required:
75 Louisa Street
front yard setback of 2.3metresrather than the required 4.5metres
side yard setback of 0.86metresrather than the required 1.2metres
side yard setback for accessory structure of 0.4metresrather than the required 0.6metres
79 Louisa Street
front yard setback of 2.1metresrather than the required 4.5metres
awesterly side yard setback of 1.1metresrather than the required 1.2metres
a westerly side yard setback for accessory structure of 0.5metresrather than the required
0.6metresbe approved.
Staff do not have concerns with the proposed severance or minor variance requests. No new
development is proposed as a result of this application.
City Planning staff conducted a site inspection of the property onOctober 1, 2021.
Existing single detached dwelling at 75 Louisa Street (October 1, 2021)
Existing single detached dwelling at 79Louisa Street(October 1, 2021)
Building Comments:
The Building Division has no objections to the proposedvariance and consent applications.
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
No environmental planning concerns.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed applications.
Engineering Comments:
Since the two lots were indivertibly merged on title and there is no new lot being created Engineering
has no concerns.
Parks /Operations Comments:
Parkland Dedication is not required as two lots were originally created, and the severance is
‘technical’ to address inadvertent lot merger.
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 signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advisesinterested 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:
None.
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 07, 2021
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST
MIXED USE DEVELOPMENT
(8) /VAR KIT, 133 WELLINGTON STREET NORTH
1001235 ONTARIO LIMITED
(10,11) /VAR KIT, 75 79 LOUISA STREET
RANDALL MASYK
(14) /VAR KIT 134 WOOLWICH STREET 124
WOOLWICH STREET JAMES & SUE ROBERTS
(15)/52, 300 BRIDGE STREET EAST COLDPOINT
HOLDINGS
Dear Ms. Hilborn:
Re: Committee of Adjustment Applications Meeting October 19, 2021, City of
Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2021-105 25 Courtland Avenue East No concerns to the application
provided the parking spots/vehicles are located within the private property.
Imagery shows that currently the vehicles are being parked just abutting the
sidewalk. The staff note that this property abuts a high traffic Regional road, and
is in close proximity of a high volume Regional road intersection. Therefore, it is
strongly re
manoeuvers safely without impacting the road traffic. Also, the owners must be
advised that a dedicated widening of 4.0m approximately would be required on
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any future development application(s) e.g. Site Plan, Consent. At such times in
future, the parking spots would be impacted accordingly.
2) A 2021-106 37 Highland Road West The applicant is proposing an additional
house at the back of the property. There are no concerns to this application.
However, the owners are advised that a dedicated widening of 4.0m
approximately would be required on any future development application(s) e.g.
Site Plan, Consent.
3) A 2021-107 26-28 Ellen Street West No concerns.
4) A 2021-108 102 Fenwick Court No Concerns.
5) A 2021-109 388 King Street East No Concerns.
6) A 2021-110 125 Seabrook Drive No Concerns to the application. However,
staff note that an education institution is considered as a noise sensitive land use
and may have impacts from the environmental noise sources in the vicinity.
7) A 2021-111 52 Anvil Street No Concerns.
8) A 2021-112 135 Wellington Street North No Concerns.
9) A 2021-113 1421 Victoria Street North No Concerns.
10) A 2021-114 75 Louisa Street No Concerns.
11) A 2021-115 79 Louisa Street No Concerns.
12) A 2021-116 74 Rutherford Drive (Retained) No Concerns.
13) A 2021-117 74 Rutherford Drive (Severed) No Concerns.
14) A 2021-118 134 Woolwich Street No Concerns.
15) A 2021-119 300 Bridge Street East No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the payment of Regional Development
2
Charges for these developments prior to the issuance of a building permit. The
comments contained in this letter pertain to the Application numbers listed above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Dianna Saunderson
CofA@Kitchener.ca
3
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.