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HomeMy WebLinkAboutCA - 2021-10-19COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 CITY OF KITCHENER The Committee of Adjustment held an electronic meeting on this date, commencing at 10:00 a.m. Present: D. Cybalski - Chair B. McColl, Member S. Hannah, Member M. Kidd, Member J. Meader, Member Officials: B. Bateman, Senior Planner A. Pinnell, Senior Planner S. Ryder, Transportation Services E. Schneider, Planner S. Rice Menezes, Planning Technician R. Kelly-Ruetz, Project Manager K. Taylor, Administrative Clerk S. Goldrup, Committee Administrator MINUTES Moved by B. McColl Seconded by S. Hannah That the regular minutes of the Committee of Adjustment meeting held September 21, 2021, as circulated to the members, be accepted. Carried UNFINISHED BUSINESS: MINOR VARIANCE APPLICATION: 1. Submission No.: A 2021-093 Applicants: Andre Templeton Property Location: 1248 Ottawa Street South Legal Description: Part Lot 5, Plan 1613, being Part 1 on Reference Plan 58R-5563 Appearances: In Support: A. Templeton Contra: None Written Submissions: None The Committee previously deferred the subject application at the September 21, 2021 Committee of Adjustment meeting, where the Committee was advised that the applicant was requesting permission to convert a semi-detached dwelling into a duplex having a driveway width of 5.8m rather than the maximum permitted 5.2m; having the required off-street parking space located 1.8m from the property line rather than the required 6m; and, to allow two pedestrian entrances to remain on the street line façade whereas the By-law only permits 1 entrance for a semi-detached dwelling. This matter was deferred to allow additional time for the applicant to prepare elevation drawings for the proposed dwelling and consider alternative entrances to the proposed duplex unit The Committee considered Development Services Department report DSD-2021-179 dated September 15, 2021, recommending approval of the amended application subject to the conditions outlined in the report. No updated staff report was submitted, but the requested drawings were included in the package for this meeting. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated September 3, 2021, advising they have no concerns with this application, but noted that a future road dedication of approximately 1.2m may be required from the above property in case of any potential future development application to comply with the designated road width of 30.48m for COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 229 - CITY OF KITCHENER 1. Submission No.: A 2021-093 (Contd) the Ottawa Street South (RR #04). At such times in future, the parking spots would have 0.8m clearance from the Ottawa Street property line. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated September 9, 2021, advising they have no concerns with this application. A. Templeton was in attendan In response to questions. S. Hannah noted their support the option two and the recessed entry, to which D. Cybalski also shared their support as it was less intrusive from the streetscape. A. Templeton stated a preference was for option one as it preserved the most floor space in the garage. one to maximize the internal living space. It was sugge amended to reflect construction in accordance with option one of the provided elevation drawings. Moved by B. McColl Seconded by S. Hannah That the application of ANDRE TEMPLETON requesting permission to convert a semi-detached dwelling into a duplex having a driveway width of 5.8m rather than the maximum permitted 5.2m; having the required off-street parking space located 2m from the property line rather than the required 6m; and, to allow two pedestrian entrances located on each street line façade rather than the permitted one pedestrian entrance for each semi-detached dwelling, on Part Lot 5, Plan 1613, being Part 1 on Reference Plan 58R-5563, 1248 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for a building permit to the satisfaction of the Building division. 2. That an updated plan showing the proposed new interior sidewalk with reduced width of 1.8m and to provide a landscaping/barrier to parking spaces, be submitted to the satisfaction of the Planning Division. 3. That the owner shall construct the second pedestrian entrance in accordance with Option One of the elevation drawings submitted to the Committee of Adjustment, to the satisfaction of the Chief Building Official. 4. That the owner shall complete the conditions noted above by May 1, 2023. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 230 - CITY OF KITCHENER 1. Submission No.: A 2021-093 (Contd) Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2021-105 Applicants: George Gray Property Location: 25 Courtland Avenue East Legal Description: Part Lot 10, Plan 397 Appearances: In Support: G. Gray Contra: None Written Submissions: None The Committee was advised the applicant requested permission to convert an existing duplex into a triplex dwelling having 2 parking spaces in tandem whereas the By-law does not permit tandem parking; and, 1 off-street parking space located between the building facade and front lot line whereas the By-law does not permit parking between the facade and front lot line. The Committee considered Development Services Department report DSD-2021-195 dated October 8, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 7, 2021, advising they have no concerns with this application provided that parking is located within the private property. It was further noted that a dedicated widening of 4.0m approximately would be required on 2 any future development application. At such times in the future, parking would be impacted accordingly. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. G. Gray was in attendance in support of the application . In response to questions from the Committee, B. Bateman confirmed that landscaping would be addressed during the site plan process. Moved by B. McColl Seconded by M. Kidd That the application of GEORGE GRAY requesting permission to convert an existing duplex into a triplex having 2 off-street parking spaces in tandem whereas the By-law does not permit tandem parking; and, 1 off-street parking space located between the building facade and front lot line whereas the By-law does not permit parking between the facade and front lot line, on Part Lot 10, Plan 397, 25 Courtland Avenue East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain Site Plan approval to the satisfaction of the Director of Planning. 2. That the shall owner apply for a building permit prior to construction, to the satisfaction of COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 231 - CITY OF KITCHENER 1. Submission No.: A 2021-105 (Contd) It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried 2. Submission No.: A 2021-106 Applicants: Matthew Kerwin Property Location: 37 Highland Road West Legal Description: Lot 6, Plan 228 and Part Lot 17, Plan 335 Appearances: In Support: M. Kerwin Contra: None Written Submissions: M & T. Bowman The Committee was advised the applicant requested permission to construct an additional dwelling unit in the rear yard of an existing single detached dwelling on a lot having a width of 12.1m rather than the required 13.1m; and, to legalize a westerly side yard setback of 1.007m rather than the required 1.2m for the existing dwelling. The Committee considered Development Services Department report DSD-2021-196 dated October 8, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 7, 2021, advising they have no concerns with this application, but advised that a dedicated widening of 4.0m approximately would be required on any future development application. In response to questions from the Committee regarding the comments from Fire Services, B. Bateman confirmed that they would be addressed during the site plan approval process. In response to further questions, R. Kelly-Ruetz confirmed the applicant had begun the site plan approval process and that the accessory dwelling is serviced from the primary dwelling. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. M. Kerwin was in attendance in support of the application . Moved by J. Meader Seconded by S. Hannah That the application of MATTHEW KERWIN requesting permission to construct an additional dwelling unit (detached) in the rear yard of an existing single detached dwelling on a lot having a width of 12.1m rather than the required 13.1m; and, to permit a westerly side yard setback of 1.007m rather than the required 1.2m for the existing dwelling, on Lot 6, Plan 228 and Part Lot 17, Plan 335, 37 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 232 - CITY OF KITCHENER 2. Submission No.: A 2021-106 (Contd) 1. That the owner shall receives approval of Site Plan Application SP21/064/H/TZ. 2. That the owner shall apply for a building permit prior to construction, to the satisfaction of 3. That due to the treed nature of the property and proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in a Tree Manage necessary, implemented prior to any demolition, tree removal, grading or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval 4. That the owner shall complete conditions 1, 2 and 3, noted above, by October 2022. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the website at www.kitchener.ca. Carried 3. Submission No.: A 2021-107 Applicants: Alanna Harper and Eric Fox Property Location: 26-28 Ellen Street West Legal Description: Part Lot 207, Registered Plan 374 Appearances: In Support: A. Harper S. Patterson Contra: None Written Submissions: None The Committee was advised the applicant requested permission to construct a two-storey addition in the rear yard of an existing single detached dwelling having a 73% increase to the existing building's Gross Floor Area (GFA) rather than the maximum permitted GFA increase of 25%. The Committee considered Development Services Department report DSD-2021-204 dated October 8, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 7, 2021, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 233 - CITY OF KITCHENER 3. Submission No.: A 2021-107 (Contd) The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. A. Harper and S. Patterson were recommendation. Members S. Hannah and M. Kidd expressed their support for the applicants sensitivity to the heritage considerations Moved by S. Hannah Seconded by M. Kidd That the application of ALANNA HARPER and ERIC FOX requesting permission to construct a two-storey addition in the rear yard of an existing single detached dwelling having a 73% increase to the existing building's Gross Floor Area (GFA) rather than the maximum permitted GFA increase of 25%, on Part Lot 207, Registered Plan 374, 26-28 Ellen Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the o g and where necessary, implemented prior to demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 2. That the owner shall apply for a building permit prior to construction, to the satisfaction of It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried 4. Submission No.: A 2021-108 Applicants: Taylor MacGregor and Julie Legg Property Location: 102 Fenwick Court Legal Description: Lot 41, Plan 1458 Appearances: In Support: J. Legg Contra: None Written Submissions: None The Committee was advised that the applicant requested permission to re-construct a deck exceeding 0.6m in height in the rear yard of an existing single detached dwelling having an easterly side yard setback of 0.43m rather than the required 1.2m. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 234 - CITY OF KITCHENER 4. Submission No.: A 2021-108 (Contd) The Committee considered Development Services Department report DSD-2021-209 dated October 8, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 7, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. J. Legg was in attendance in support of the application. In response to questions, J. Legg confirmed the privacy screen would be 8f in height and that applicant structured the proposed development as it was to accommodate the existing entry in the rear yard. In response to questions from the Committee, B. Bateman agreed that the Condition 2 outlined in the staff recommendation should be removed, noting its inclusion was a clerical error. Moved by S. Hannah Seconded by B. McColl That the application of JULIE LEGG and TAYLOR MACGREGOR requesting permission to construct a deck in the rear yard of an existing single detached dwelling having an easterly side yard setback of 0.43m rather than the required 1.2m, on, Lot 41, Plan 1458, 102 Fenwick Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for a building permit prior to construction, to the satisfaction of It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the ite at www.kitchener.ca. Carried 5. Submission No.: A 2021-109 Applicants: 388 King Kitchener Inc Property Location: 388 King Street East Legal Description: Part Lot 15, Plan 364 Appearances: In Support: P. Chauvin K. Wills Contra: None Written Submissions: None The Committee was advised the applicant requested permission to provide zero parking spaces for 129 sq.m. of restaurant use within a mixed use building, where 14 spaces are required (1 space per 7.5 sq.m., plus a 20% reduction). COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 235 - CITY OF KITCHENER 5. Submission No.: A 2021-109 (Contd) The Committee considered Development Services Department report DSD-2021-206 dated October 8, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 7, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. P. Chauvin and K. Wills were in attendance in support of the application recommendation. Moved by S. Hannah Seconded by B. McColl That the application of 388 KING KITCHENER INC requesting permission to provide zero parking spaces for 129 sq.m. of restaurant use within a mixed use building, where 14 spaces are required (1 space per 7.5 sq.m., plus a 20% reduction), on Part Lot 15, Plan 364, 388 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for and obtain approval of an amendment to Site Plan Application This approval shall apply only to the development proposed through said amended site plan application. 2. That the o Director of Planning; and 3. That the owner shall complete conditions 1 and 2, above, by October 19, 2022. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of th-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried 6. Submission No.: A 2021-110 Applicants: 2427101 Ontario Inc Property Location: 125 Seabrook Drive Legal Description: Block 183, Registered Plan 58M-374 Appearances: In Support: R. Idzik Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 236 - CITY OF KITCHENER 6. Submission No.: A 2021-110 (Contd) he subject lands to allow for a Kumon franchise business having a Gross Floor Area (GFA) of 12% (122 sq.m. GFA) of the commercial plaza. The Committee considered Development Services Department report DSD-2021-194 dated October 6, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 7, 2021, advising they have no concerns with this application, but noted that an educational institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. R. Idzik was in attendance in support of the application . In response to questions from the Committee, the applicant explained the subject lands would be used for an afterschool tutoring program and would function as a space for an office and to hold student assessments. In response to further questions from the Committee, B. Bateman confirmed that references to By-law and references had decision on this date be Moved by J. Meader Seconded by S. Hannah That the application of 2427101 ONTARIO INC requesting permission to permit an Educational Establishment (Commercial School) in an existing commercial plaza Zoned C-1 (331U) whereas the By-law does not permit educational establishment, on Block 183, Registered Plan 58M-374, 125 Seabrook Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the use of Commercial School shall be permitted to occupy a maximum of 122 square metres of . 2. That the property owner shall obtain a Zoning Occupancy Certificate prior to occupancy of the unit. 2. That the owner shall apply for a building permit for the interior renovation, to the satisfaction It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 237 - CITY OF KITCHENER 7. Submission No.: A 2021-111 Applicants: Michael Grundy and Ann Marie Grundy Property Location: 52 Anvil Street Legal Description: Lot 62, Plan 1495 Appearances: In Support: M. & A. Grundy Contra: None Written Submissions: None The Committee was advised the applicant requested permission to convert the garage of a single detached dwelling into a duplex unit having 1 off-street parking space located 0.5m from the front lot line rather than the required 6m. The Committee considered Development Services Department report DSD-2021-200 dated October 8, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 7, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. M. Grundy was in attendance in support of the application . Moved by B. McColl Seconded by M. Kidd That the application of ANN MARIE GRUNDY and MICHAEL GRUNDY requesting permission to convert the garage of a single detached dwelling into a duplex having 1 off-street parking space located 0.5m from the front lot line rather than the required 6m, on Lot 62, Plan 1495, 52 Anvil Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for a Building Permit prior to construction to the satisfaction of the Building Division. 2. That the new door facing Anvil Street be inset from the front façade a minimum of 1 metre (any change to this setback to be approved by the Planning Division staff). 3. That the owner shall complete the conditions noted above by May 1, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 238 - CITY OF KITCHENER 8. Submission No.: A 2021-112 Applicants: 1001235 Ontario Ltd Property Location: 135 Wellington Street North Legal Description: Lot 76, Registered Plan 376 Appearances: In Support: P. Hannoush Contra: None Written Submissions: None The Committee was advised the applicant requested permission for an existing 5-unit multi- residential dwelling being converted to a 10-unit multi-residential dwelling having a parking rate of 1.2 spaces/unit (12 spaces) rather than the required 1.25 spaces/unit (13 spaces). The Committee considered Development Services Department report DSD-2021-207 dated October 8, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 7, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. P. Hannoush was in attendance in support of the application . Moved by B. McColl Seconded by J. Meader That the application of 1001235 ONTARIO LTD requesting permission for an existing 5-unit multi- residential dwelling being converted to a 10-unit multi-residential dwelling having a parking rate of 1.2 spaces/unit (12 spaces) rather than the required 1.25 spaces/unit (13 spaces), on Lot 76, Registered Plan 376, 135 Wellington Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for and obtain approval of an amendment to Site Plan Application approval shall apply only to the development proposed through said amended Site Plan Application. 2. That the owner shall apply for and obtain a Zoning Occupancy Certificate from Director of Planning; and 3. That the owner shall complete conditions 1 and 2, above, by October 19, 2022. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 239 - CITY OF KITCHENER 8. Submission No.: A 2021-112 (Contd) Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the website at www.kitchener.ca. Carried 9. Submission No.: A 2021-113 Applicants: Alkier Motor Sport Group Property Location: 1421 Victoria Street North Legal Description: Lot 1, Part Lot 2, Registered Plan 947 Appearances: In Support: K. Barisdale Contra: None Written Submissions: None The Committee was advised the applicant requested permission for a commercial retail business to operate in an existing commercial building having 19 parking spaces rather than the required 29 parking spaces (1 space per 33sq.m. of gross floor area). The Committee considered Development Services Department report DSD-2021-201 dated October 11, 2021, recommending approval subject to conditions, as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 7, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 5, 2021, advising they have no concerns with this application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. K. Barisdale was in attendance in support of the application . In response to questions from the Committee, the applicant confirmed the intended use was a craftsman shop and retail space to produce and sell chocolate. It was suggested and agreed that the wordin amended to include the Grand River Conservation Au craftsman shop. Moved by B. McColl Seconded by J. Meader That the application of ALKIER MOTOR SPORT GROUP requesting permission for a craftsman shop and commercial retail business to operate in an existing commercial building having 19 off- street parking spaces rather than the required 29 off-street parking spaces (1 space per 33sq.m. of gross floor area), on Lot 1, Part Lot 2, Registered Plan 947, 1421 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall submit a Zoning (Occupancy) Certificate to the Planning Division. 2. That the owner shall apply for a building permit prior to construction to the satisfaction of the Building Division. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 240 - CITY OF KITCHENER 9. Submission No.: A 2021-113 (Contd) 3. That approval of Minor Variance A 2021-113 is for the proposed craftsman shop, office and retail use only. 4. That the owner shall make satisfactory financial arrangements with the Grand River Conservation Authority for the application plan review fee. 5. That the owner shall complete the conditions noted above be completed by May 1, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried CONSENT APPLICATIONS 1. Submission No.: B 2021-045 Applicants: 2611601 Ontario Inc Property Location: 35 Coral Crescent Legal Description: Lot 14, Part Lot 15, Registered Plan 1063 Appearances: In Support: J. Hale Contra: P. Giles N & D. Weaver P. Snow Written Submissions: H. Brast N & D. Weaver M. Simon P. Snow & R. Keough P. Giles & O. Ehigie K & D. Cowie The Committee was advised the applicant requested permission to sever a parcel of land having a width of 9.47m, a depth of 58.465m, and an area of 555.3sq.m. The retained will have a width of 9.47m, a depth of 59.783m, and an area of 561.5sq.m. The existing dwelling is proposed to be demolished, and two single detached duplexes are proposed to be constructed. The Committee considered Development Services Department report DSD-2021-208 dated October 14, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated October 14, 2021, advising they have no objection to this application subject conditions incorporated into the staff recommendation. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 241 - CITY OF KITCHENER 1. Submission No.: B 2021-045 (Contd) J. Hale was in attendance in support of the application . The Committee considered the written submission in opposition to the subject application. The Committee heard delegations in opposition to the proposed development from P. Giles; N. Weaver; and, P. Snow. The delegations expressed concerns regarding the need for an additional environmental study, the level of intensification, the impact on the streetscape, traffic and parking, flooding, impact to the mature trees, access for emergency vehicles, garbage, and snow removal. In response to the Committee's questions, A. Pinnell explained that the site condition process would require an environmental assessment, which would indicate if cleanup is required, and noted that the Zoning By-law would regulate the building's height and setback. A. Pinnell further described the mix of housing density in the area and that there were no heritage concerns. A. Pinnell stated that the status of the site condition assessment was unknown and under the domain of the Region of Waterloo. J. Meader commented that the duplex could be configured to suit the area's character and suggested the wording of the decision be amended to clarify that an independent qualified person undertakes the site condition assessment. S. Hannah noted that while the Zoning permitted the proposed development they were concerned about assessing the tests for intensity and compatibility without elevation drawings. Further noting that reviewing the proposed development without elevations or drawings as it could set a precedent for the street and suggested the application might have been made prematurely, as the site condition assessment process can take considerable time and might impact the ability to comply with the requirements of the order before the deadline. A. Pinnell suggested that the duplex is a permitted use and that the proposed development would need to comply with the regulations of the Zoning By-law. B. McColl raised that there were no other multi-density housing on the street and stated that while there might be mixed-use housing elsewhere in the neighbourhood, the proposed development does not fit the existing streetscape. B. McColl expressed concern that the increased density was too great and that the scale and massing were unknown without submitted plans and likely incompatible with the existing streetscape. J. Meader shared their agreement and preference to receive full development proposed when severance is requested to ensure that it is not premature. M. Kidd also expressed concerns regarding the streetscape and culture of the neighbourhood. The applicant stated that they were prepared to fulfill conditions for the site condition assessment, would fully comply with the requirements of the Zoning By-law, and confirmed that they could provide elevation drawings. Moved by B. McColl Seconded by S. Hannah That the application of 2611601 ONTARIO INC requesting permission to sever a parcel of land having a width of 9.47m, a depth of 58.465m, and an area of 555.3sq.m. The retained will have a width of 9.47m, a depth of 59.783m, and an area of 561.5sq.m. The existing dwelling is proposed to be demolished, and two single detached duplexes are proposed to be constructed, BE DEFERRED to the April 2022 Committee of Adjustment meeting, or once the applicant is able to provide elevation drawings, conceptual site plan or building plotting, and a phase-one update on the record of site condition process, on Lot 14, Part Lot 15, Registered Plan 1063, 35 Coral Crescent, Kitchener, Ontario. Carried COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 242 - CITY OF KITCHENER 2. Submission No.: B 2021-044 Applicants: Parkwood Homes (KW) Ltd Property Location: 51 Nelson Avenue Legal Description: Lot 9, Registered Pan 675 Appearances: In Support: J. Mesina Contra: None Written Submissions: None The Committee was advised the applicant requested permission to sever a parcel of land so each semi-detached dwelling can be dealt with separately. The severed land identified as Part 1 on the plan submitted with the application having a width on Schweitzer Street of 15.77m, a depth of 23.77m, and an area of 374.85sq.m. The retained land identified as Part 2 on the plan submitted with the application located having a width on Schweitzer Street of 20.193m, a depth of 20.19m, and an area of 479.92sq.m. The Committee considered Development Services Department report DSD-2021-191 dated October 8, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated October 12, 2021, advising they have no objection to this application subject to The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. J. Mesina was in attendance in support of the application . Moved by S. Hannah Seconded by B. McColl That the application of PARKWOOD HOMES (KW) LTD requesting permission to sever a parcel of land so each semi-detached dwelling can be dealt with separately. The severed land identified as Part 1 on the plan submitted with the application having a width on Schweitzer Street of 15.77m, a depth of 23.77m, and an area of 374.85sq.m. The retained land identified as Part 2 on the plan submitted with the application located having a width on Schweitzer Street of 20.193m, a depth of 20.19m, and an area of 479.92 sq.m, on Lot 9, Registered Pan 675, 51 Nelson Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the . 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $7,254.20. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and retained lands. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 243 - CITY OF KITCHENER 2. Submission No.: B 2021-044 (Contd) 5. That the owner shall Transportation and Engineering Division for the funds for the future sidewalk for the entire severed portion of lands fronting Schweitzer Street. 6. That the owner shall ensure any new driveways are to be built to City of Kitchener standards at the property o 7. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the owner shall submit a 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 shall provide 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. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 19, 2023. Carried 3. Submission No.: B 2021-046 Applicants: 2611601 Ontario Inc Property Location: 74 Admiral Road Legal Description: Lot 18, Registered Plan 882 Appearances: In Support: J. Hale K. Allan C. Johnston Contra:D. PaulJ. Frandsen COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 244 - CITY OF KITCHENER 3. Submission No.: B 2021-046 (Contd) Written Submissions: J & S. Hamer B, L & A. Hollatz M. Vansloun L. Hahn P & K. Vart D. Mehloft H & B. Roberts L & L. Domenico V. Swanztenhih B & G. Mockford R & W. Zettler B & M. Leedham T & M. Hutter S. Ellis L. Leedham C. Johnston S. Hammond J. Freson A. Timms C & M. Walsh D & J. Cuabu J. Frandsean T & L. Hodgkinson K & P. Aimlay D & D. Kauk The Committee was advised the applicant requested permission to sever a parcel of having a width of 8.382m, a depth of 36.576m, and an area of 306.6sq.m. The retained land will have a width of 8.382m, a depth of 36.576m, and an area of 306.6sq.m. The Committee considered Development Services Department report DSD-2021-192 dated October 8, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated October 12, 2021, advising they have no objection to this application commendation. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. J. Hale was in attendance in support of the application ation. The Committee considered the written submissions in opposition to the subject application. The Committee heard delegations in opposition to the proposed severance from D. Paul; and, J. Frandsen. The delegations stated concerns regarding traffic and parking, impact on the streetscape, building height, density, privacy, servicing, president for future development, and impact to the mature trees, The Committee heard delegations in support of the proposed development from K. Allen; and, C. Johnston. The delegations stated their support for tasteful development and gentle density projects to mitigate the housing crisis. B. McColl noted that the wording of the condition should be amended to include a building permit application and noted that elevation drawings would have assisted in responding to concerns regarding the streetscape. The applicant stated that rough floorplan and massing drawings had been prepared and that they intended that the building would fit into the neighborho S. Hannah stated their support for intensification but noted their concern about assessing the tests for intensification and compatibility without elevation drawings as there were no lots of this size or nature in the part of the neighbourhood of the subject property. S. Hannah raised concerns about potential encroachments. J. Meader suggested that it was beneficial that the applicant had undergone this process to engage in with the community instead of demolishing and rebuilding on the property before severing the lot. J. Meader suggested that the applicant be allowed to move forward and address the concerns through the site plan process. The applicant requested the Committee consider adding a condition to their decision to address their concerns during the site plan process with staff rather than defer the matter to a future meeting. In response to questions from the Committee, B. Bateman confirmed that if the applicant had demolished the current structure and applied for a building permit before severing the lot, the proposed building would still be subject toa review of the design by staff. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 245 - CITY OF KITCHENER 3. Submission No.: B 2021-046 (Contd) A motion was brought forward by B. McColl, seconded by S. Hannah, that the application be deferred two months to provide the applicant time to provide elevation drawings. This motion was voted on and LOST. It was amended to require that elevations and site plans be submitted to the approval of the Director of Planning. Moved by J. Meader Seconded by M. Kidd That the application of 2611601 ONTARIO INC requesting permission to sever a parcel of having a width of 8.382m, a depth of 36.576m, and an area of 306.6sq.m. The retained land will have a width of 8.382m, a depth of 36.576m, and an area of 306.6sq.m. The existing dwelling is proposed to be demolished, and two single detached duplexes are proposed to be constructed BE APPROVED, on Lot 18, Registered Plan 882, 74 Admiral Road, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $3,864.00. 4. That the owner shall make financial 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 shall ensure any new driveways are to be built to City of Kitchener standards at the property 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a 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 shall provide 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, 2021 be demolished to the Building Official regarding issuance of a demotion permit and removes the existing dwelling prior to the creation of the two lots. 10. 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: COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 246 - CITY OF KITCHENER 3. Submission No.: B 2021-046 (Contd) 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 ing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures that are to 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 11. 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 ed 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 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. 12. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. 13. That the owner shall submit site plan and elevation drawings to the satisfaction of the Director of Planning. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into a-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the e at www.kitchener.ca. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 247 - CITY OF KITCHENER 3. Submission No.: B 2021-046 (Contd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 19, 2023. Carried 4. Submission No.: B 2021-047 Applicants: Branislav Mikan & Sanja Markovic Property Location: 81 Fifth Avenue Legal Description: Part Block G, Registered Plan 254 Appearances: In Support: B. Jokanovic Contra: None Written Submissions: None The Committee was advised the applicant requested permission to sever a parcel of land so the existing single detached dwelling can be demolished, and semi-detached multi-residential dwellings constructed on each lot. The severed land identified as red on the plan submitted with the application having a width of 7.620m, a depth of 50.269m, and an area of 383.1sq.m. The retained land identified as green on the plan submitted with the application having a width of 7.620m, a depth of 50.269m, and an area of 383.1sq.m The Committee considered Development Services Department report DSD-2021-199 dated October 8, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated October 12, 2021, advising they have no objection to this application subject The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. B. Jokanovic was in attendance in support of the application ommendation. amended to require that the property owner apply for a building permit and that Condition 4 be amended to include the demolition of the existing garage. Moved by S. Hannah Seconded by B. McColl That the application of BRANISLAV MIKAN and SANJA MARKOVIC requesting permission to sever a parcel of land so the existing single detached dwelling can be demolished, and semi- detached multi-residential dwellings constructed on each lot. The severed land identified as red on the plan submitted with the application having a width of 7.620m, a depth of 50.269m, and an area of 383.1sq.m. The retained land identified as green on the plan submitted with the application having a width of 7.620m, a depth of 50.269m, and an area of 383.1 sq.m, on Part Block G, Registered Plan 254, 81 Fifth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 248 - CITY OF KITCHENER 4. Submission No.: B 2021-047 (Contd) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 s Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $3505.20. 4. That the single detached dwelling and garage existing as of October 1, 2021 be demolished Building Official regarding a demotion permit. 5. That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and retained lands. 7. That the owner shall ensure any new driveways are to be built to City of Kitchener standards Engineering Division. 8. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. That the owner shall submit a 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. 10. That the owner shall 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. 11. 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: i. That the owner shall prepare a Tree Preservation Plan for the severed and 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. i. 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 ii. The owner agrees to maintain the severed and retained lands, in accordance with the approved Tree Preservation Plan, for the life the development. 12. That the owner complete one of the following it of Parks and Cemeteries. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 249 - CITY OF KITCHENER 4. Submission No.: B 2021-047 (Contd) i. Tree Protection and Enhancement Plan showing suitable protection of an existing City-owned street tree (#149091) during construction; or, ii. 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, iii. Suitable financial compensation for the removal of a City owned tree (#149091). 13. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the at www.kitchener.ca. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 19, 2023. Carried 5. Submission No.: B 2021-048, B 2021-049, B 2021-50 Applicants: Erin Griesbaum & Richard Griesbaum Property Location: 441 East Avenue Legal Description: Lots 10 & 11, Registered Plan 655 Appearances: In Support: B. Jokanovic Contra: None Written Submissions: None The Committee was advised the applicant requested permission to create 3 lots and retain 1 for residential development. All four of the lots are proposed for semi-detached dwellings. The proposed lots will have the following dimensions: B 2020-048 - (Severed Lot 1) Width - 7.620m Depth - 36.576m Area - 278.7 sq.m B 2020-049 - (Severed Lot 2) Width - 7.620m Depth - 36.576m Area - 278.7 sq.m B 2020-050 - (Severed Lot 3) Width - 7.620m Depth - 36.576m Area - 278.7 sq.m Retained Lot - Width - 7.620m Depth - 36.576m Area - 278.7 sq.m The Committee considered Development Services Department report DSD-2021-193 dated October 8, 2021, recommending approval of the application, subject to conditions outlined in the report. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 250 - CITY OF KITCHENER 5. Submission No.: B 2021-048, B 2021-049, B 2021-50 (Contd) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated October 14, 2021, advising they have no objection to this application subject conditions outlined in their report. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. B. Jokanovic was in attendance in support of the application . Submission No. B 2021-048 Moved by B. McColl Seconded by M. Kidd That the application of ERIN GRIESBAUM and RICHARD GRIESBAUM requesting permission to sever a parcel of land having width of 7.620m, a depth of 36.576m, and an area of 278.7 sq.m, on Lots 10 & 11, Registered Plan 655, 441 East Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $10,515.60. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways are to be built to City of Kitchener standards Engineering Division. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a 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 shall 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 owner shall demolish the single detached dwelling existing as of October 1, 2021 arding Demolition Control and the Chief Building Official regarding a demotion permit and removes the existing dwelling prior to the creation of the lots. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 251 - CITY OF KITCHENER 5. Submission No.: B 2021-048, B 2021-049, B 2021-50 (Contd) 10. 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: i. That prior to any grading, servicing or the application or issuance of a building permit, the property owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approv a. The proposed location of all buildings (including accessory buildings and structures), decks and driveways; b. The location of any existing buildings or structures that are to be removed or relocated; c. The proposed grades and drainage; d. 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; e. Justification for any trees to be removed; and f. Outline tree protection measures for trees to be preserved; and ii. 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 11. 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: i. That the property owner shall prepare a Tree Preservation/Enhancement Plan for e 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. ii. The property owner further agrees to implement the approved Tree Preservation Plan. No changes to the said plan shall be granted except with the prior approval iii. The property owner agrees to maintain the severed and retained lands, in accordance with the approved Tree Preservation Plan, for the life the development. iv. The property 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 v. The property owner further agrees to implement the approved plan. No changes Director of Planning. 12. That the owner shall submit the Consent Application Review Fee of $350.00 per new lot created to the Region of Waterloo. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 252 - CITY OF KITCHENER 5. Submission No.: B 2021-048, B 2021-049, B 2021-50 (Contd) 13. That the owner shall enter into an agreement with the Region of Waterloo to 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. The following noise warning clauses will be included in all offers of purchase, deeds and rental agreements: a. 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 b. s dwelling unit has been designed with the provision of adding central air conditioning at the occupa 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 It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 19, 2023. Carried Submission No. B 2021-049 Moved by B. McColl Seconded by S. Hannah That the application of ERIN GRIESBAUM and RICHARD GRIESBAUM requesting permission to sever a parcel of land having a width of 7.620m, a depth of 36.576m, and an area of 278.7 sq.m, on Lots 10 & 11, Registered Plan 655, 441 East Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 253 - CITY OF KITCHENER 5. Submission No.: B 2021-048, B 2021-049, B 2021-50 (Contd) 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satis 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $10,515.60. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways are to be built to City of Kitchener standards Engineering Division. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall submit a 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 shall 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 owner shall demolish the single detached dwelling existing as of October 1, 2021 to the satisfaction of 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 the City Solicitor and registered on title of the severed and retained lands which shall include the following: i. That prior to any grading, servicing or the application or issuance of a building permit, the property owner shall submit a plan, prepared by a qualified consultant, to the satisfaction a a. The proposed location of all buildings (including accessory buildings and structures), decks and driveways; b. The location of any existing buildings or structures that are to be removed or relocated; c. The proposed grades and drainage; d. 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; e.Justification for any trees to be removed; and COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 254 - CITY OF KITCHENER 5. Submission No.: B 2021-048, B 2021-049, B 2021-50 (Contd) f. Outline tree protection measures for trees to be preserved; and ii. 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 11. 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: i. That the property owner shall prepare a Tree Preservation/Enhancement Plan for the nagement Policy, 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. ii. The property 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 of Planning. iii. The property owner agrees to maintain the severed and retained lands, in accordance with the approved Tree Preservation Plan, for the life the development. iv. The property 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 v. The property owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of Planning. 12. That the owner shall submit the Consent Application Review Fee of $350.00 per new lot created to the Region of Waterloo. 13. That the owner shall enter into an agreement with the Region of Waterloo to 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. The following noise warning clauses will be included in all offers of purchase, deeds and rental agreements: a. dvised 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 th b. 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 (M COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 255 - CITY OF KITCHENER 5. Submission No.: B 2021-048, B 2021-049, B 2021-50 (Contd) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 19, 2023. Carried Submission No. B 2021-050 Moved by B. McColl Seconded by S. Hannah That the application of ERIN GRIESBAUM and RICHARD GRIESBAUM requesting permission to severe a parcel of land having a width of 7.620m, a depth of 36.576m, and an area of 278.7 sq.m, on Lots 10 & 11, Registered Plan 655, 441 East Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 st. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $10,515.60. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That the owner shall ensure any new driveways are to be built to City of Kitchener standards at t Engineering Division. 6. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 256 - CITY OF KITCHENER 5. Submission No.: B 2021-048, B 2021-049, B 2021-50 (Contd) 7. That the owner shall submit a 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 shall 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 owner shall demolish the single detached dwelling existing as of October 1, 2021 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 the City Solicitor and registered on title of the severed and retained lands which shall include the following: i. That prior to any grading, servicing or the application or issuance of a building permit, the property owner shall submit a plan, prepared by a qualified consultant, to the a. The proposed location of all buildings (including accessory buildings and structures), decks and driveways; b. The location of any existing buildings or structures that are to be removed or relocated; c. The proposed grades and drainage; d. 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; e. Justification for any trees to be removed; and f. Outline tree protection measures for trees to be preserved; and ii. 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 11. 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: i. That the property owner shall prepare a Tree Preservation/Enhancement Plan for the nd 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. ii. The property 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 COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 257 - CITY OF KITCHENER 5. Submission No.: B 2021-048, B 2021-049, B 2021-50 (Contd) iii. The property owner agrees to maintain the severed and retained lands, in accordance with the approved Tree Preservation Plan, for the life the development. iv. The property 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 v. The property owner further agrees to implement the approved plan. No changes to Planning. 12. That the owner shall submit the Consent Application Review Fee of $350.00 per new lot created to the Region of Waterloo. 13. That the owner shall enter into an agreement with the Region of Waterloo to 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. The following noise warning clauses will be included in all offers of purchase, deeds and rental agreements: a. 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 b. Noise Warning Claus 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 It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the website at www.kitchener.ca. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 258 - CITY OF KITCHENER 5. Submission No.: B 2021-048, B 2021-049, B 2021-50 (Contd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 19, 2023. Carried 6. Submission No.: B 2021-051 & B 2021-052 Applicants: Pureland Investments Inc Property Location: 945 & 961 Victoria Street North Legal Description: Part Lot 32, Registered Plan 764; Part Lot 57, Registered Plan 763 Appearances: In Support: J. von Westerholt Contra: None Written Submissions: None The Committee was advised the applicant requested permission to sever a triangular parcel of land having a width of 11.07m, a depth of 19.74m, and an area of 109.11sq.m. to be conveyed as a lot addition to the property municipally addressed as 961 Victoria Street North; and, Permission is also being requested to sever a triangular parcel of land having a width of 11.31m, a depth of 19.26m, and an area of 108.60sq.m. to be conveyed as a lot addition to the property municipally addressed as 945 Victoria Street North. The land conveyances are intended to establish more regular lotting patterns for both properties in their rear yards. The Committee considered Development Services Department report DSD-2021-197 dated October 8, 2021, recommending approval of the application, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated October 14, 2021, advising they have no objection to this application subject to conditions. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. J. von Westerholt was in attendance in support of the application . In response to questions from the Committee, the applicant requested that the Noise Study be dealt with under the site plan process. Moved by S. Hannah Seconded by J. Meader That the application of PURELAND INVESTMENTS INC requesting permission to sever a triangular parcel of land having a width of 11.07m, a depth of 19.74m, and an area of 109.11sq.m. to be conveyed as a lot addition to the property municipally addressed as 961 Victoria Street North, on Part Lot 32, Registered Plan 764; Part Lot 57, Registered Plan 763, 945 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the C. 2. That the owner shall provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in 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 COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 259 - CITY OF KITCHENER 6. Submission No.: B 2021-051 & B 2021-052 (Contd) 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. 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. 5. That the owner shall submit a valid Section 59 Notice to the Region of Waterloo. 6. That the owner shall 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 It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 19, 2023. Carried Submission No. B 2021-052 Moved by S. Hannah Seconded by J. Meader That the application of 2547951 ONTARIO INC requesting permission to sever a triangular parcel of land having a width of 11.31m, a depth of 19.26m, and an area of 108.60sq.m. to be conveyed as a lot addition to the property municipally addressed as 945 Victoria Street North, on Part Lot 32, Registered Plan 764; Part Lot 57, Registered Plan 763, 945 & 961 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the . COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 260 - CITY OF KITCHENER 6. Submission No.: B 2021-051 & B 2021-052 (Contd) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 t. 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. 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. 5. That the owner shall submit a valid Section 59 Notice to the Region of Waterloo. 6. That the owner shall 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. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 19, 2023. Carried COMBINED APPLICATIONS 1. Submission No.: B 2021-053, A 2021-114 & A 2021-115 Applicant: Randall Masyk Property Location: 75 & 79 Louisa Street Legal Description: Part Lot 25, Registered Plan 376 Appearances: In Support: R. Masyk Contra:None COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 261 - CITY OF KITCHENER 1. Submission No.: B 2021-053, A 2021-114 & A 2021-115 (Contd) Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land so each multi-residential detached dwelling can be dealt with separately after being inadvertently merged on title. The severed land with an existing duplex dwelling, municipally addressed as 79 Louisa Street, will have a width of 10.67m, a depth of 35.78m, and an area of 3384.4 sq.m. The retained land with an existing duplex dwelling, municipally addressed as 75 Louisa street, will have a width of 10.36m, a depth of 35.78m, and an area of 370.8sq.m. Permission is also requested to grant minor variances for 79 Louisa Street to legalize a front yard setback of 2.1m rather than the required 4.5m; and, a westerly yard setback of 1.10m rather than the required 1.2m; and, a westerly setback for accessory structures of 0.5m rather than the required 0.6m. Permission is also requested to grant minor variances for Page 3 of 3 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, a easterly side yard setback for accessory structures of 0.4m rather than the required 0.6m. The Committee considered Development Services Department report DSD-2021-202 dated October 08, 2021, recommending approval of the subject applications as outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated October 14, 2021, advising they have no objection to application B 2021- 053, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 7, 2021 advising they have no concerns with applications A 2021-114 and A 2021-115. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. R. Masyk was in attendance in support of the application . In response to questions from the Committee, the applicant explained that the house is already sold, he was previously unaware of the merger of the two properties, and that the time to undertake an agreement for the noise warning would create an undue hardship related to the sale of the property. It was sugge amended to regarding Noise. Submission No. B 2021-053 Moved by S. Hannah Seconded by B. McColl That the application of RANDALL MASYK requesting permission to sever existing duplex dwelling, municipally addressed as 79 Louisa Street, having a width of 10.67m, a depth of 35.78m, and an area of 3384.4 sq.m., on, Part Lot 25, Registered Plan 376, 75 & 79 Louisa Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxDivision. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 3. That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 262 - CITY OF KITCHENER 1. Submission No.: B 2021-053, A 2021-114 & A 2021-115 (Contd) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 19, 2023. Carried Submission No. A 2021-114 Moved by S. Hannah Seconded by B. McColl That the application of RANDALL MASYK to legalize an existing dwelling having 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 structures of 0.4m rather than the required 0.6m, on, Part Lot 25, Registered Plan 376, 75 Louisa street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried Submission No. A 2021-115 Moved by S. Hannah Seconded by B. McColl That the application of RANDALL MASYK to legalize an existing dwelling having a front yard setback of 2.1m rather than the required 4.5m; and, a westerly yard setback of 1.10m rather than the required 1.2m; and, a westerly setback for accessory structures of 0.5m rather than the required 0.6m, Part Lot 25, Registered Plan 376, 79 Louisa street, Kitchener, Ontario, BE APPROVED. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 263 - CITY OF KITCHENER 1. Submission No.: B 2021-053, A 2021-114 & A 2021-115 (Contd) It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried 2. Submission No.: B 2021-054, A 2021-116 & A 2021-117 Applicant: Pero and Mirjana Perencevic Property Location: 74 Rutherford Drive Legal Description: Part Lot 7, Registered Plan 742 Appearances: In Support: B. Jokanovic Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width of 14.326m, a depth of 60.350m, and an area of 864.57sq.m. The retained land having a width of 8.53m, a depth of 60.35m, and an area of 514.79sq.m. Permission is also requested to grant minor variances for the retained land to allow a duplex dwelling to be constructed on a lot having a width of 8.53m rather than the required 9m. Permission is also requested to grant minor variances for the severed land to allow the construction of semi-detached dwellings to have lot widths for each dwelling of 7.16m rather than the required 7.5m. The Committee considered Development Services Department report DSD-2021-205 dated October 08, 2021, recommending the applications be refused. The Committee considered the report of the Region of Waterloo, Planning, Development, and Legislative Services dated October 12, 2021, advising they have no objection to application B 2021- 054, subject to conditions outlined in the report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 7, 2021, advising they have no concerns with applications A 2021-116 and A 2021-117. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated October 8, 2021, advising they have no concerns with this application. B. Jokanovic was in attendance in support of the application. In response to questions from the Committee, B. Bateman explained that staff had recommended refusal for the application because staff were not of the opinion that the proposed development was a good fit for the neighbourhood. B. Bateman suggested that a proposal for a severance on two lots to be developed into duplexes or single detached dwellings would be more consistent with the street. The applicant stated that there were multi-density houses on Overmire Drive and affirmed their belief that the proposal could be both aesthetic and functional. The applicant indicated their willingness to work with Planning staff on design and massing. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 264 - CITY OF KITCHENER 2. Submission No.: B 2021-054, A 2021-116 & A 2021-117 (Contd) J. Meader noted that the lot was a good option for intensification on the street and suggested a one-month deferral to provide the applicant time to investigate options for two lots containing single detached dwellings or duplexes. Moved by B. McColl Seconded by S. Hannah That the application of MIRJANA PERENCEVIC and PERO PERENCEVIC requesting permission to sever a parcel of land having a width of 14.326m, a depth of 60.350m, and an area of 864.57sq.m. The retained land having a width of 8.53m, a depth of 60.35m, and an area of 514.79sq.m. Permission is also requested to grant minor variances for the retained land to allow a duplex dwelling to be constructed on a lot having a width of 8.53m rather than the required 9m. Permission is also requested to grant minor variances for the severed land to allow the construction of semi-detached dwellings to have lot widths for each dwelling of 7.16m rather than the required 7.5m, BE DEFERRED to the November 16, 2021, Committee of Adjustment meeting, to provide the applicant to investigate options for two lots containing single detached dwellings or duplexes, on Part Lot 7, Registered Plan 742, 74 Rutherford Drive, Kitchener, Ontario. Carried 3. Submission No.: B 2021-055 & A 2021-118 Applicant: James & Susan Roberts Property Location: 134 Woolwich St Legal Description: Lot 59 & 60, German Company Tract Appearances: In Support: K. Wills E. Cheung Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a triangular shaped a parcel of land having a width of 47.092m, a depth of 116.601m, and an area of 2820sq.m to be conveyed as a lot addition to the property municipally addressed as 124 Woolwich Street. The retained lands will have a width of 62.847m, a depth of 256.614m, and an area of 7000sq.m. Permission is also requested to grant minor variances for the retained land municipally addressed as 134 Woolwich Street with an existing single detached dwelling to have a lot area of 0.7ha rather than the required 0.9ha. The Committee considered Development Services Department report DSD-2021-198 dated October 8, 2021, recommending approval of the subject applications as outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated October 12, 2021, advising they have no objection to application B 2021-055. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 7, 2021 advising they have no concerns with applications A 2021-118 The Committee considered the report from the Grand River Conservation Authority, dated October 8, 2021, advising they have no concerns with applications B 2021-055, A 2021-118, subject to the conditions outlines in the report. K. Wills and E. Cheung were in attendance in support of the application recommendation. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 265 - CITY OF KITCHENER 3. Submission No.: B 2021-055 & A 2021-118 (Contd) make satisfactory financial arrangements with the Grand River Conversation Authority for the application plan review fee. Submission No. B 2021-055 Moved by B. McColl Seconded by M. Kidd That the application of JAMES ROBERTS and SUSAN ROBERTS requesting permission to sever a triangular shaped a parcel of land having a width of 47.092m, a depth of 116.601m, and an area of 2820sq.m to be conveyed as a lot addition to the property municipally addressed as 124 Woolwich Street, on Lot 59 & 60, German Company Tract, 134 Woolwich St, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no . 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 3. That the owner shall receive final approval of Minor Variance Application A 2021-118. 4. That the lands to be severed are to be added to the abutting lands and title is to 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. 5. That the Olicitor shall provide a Soli 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. 6. That the owner shall register a release of any easements made no longer necessary by the transaction on the lands to be severed, to the satisfaction of the City Solicitor. 7. That the owner shall make satisfactory financial arrangements with the Grand River Conversation Authority for the application plan review fee. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 266 - CITY OF KITCHENER 3. Submission No.: B 2021-055 & A 2021-118 (Contd) Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 19, 2023. Carried Submission No. A 2021-118 Moved by B. McColl Seconded by M. Kidd That the application of JAMES ROBERTS and SUSAN ROBERTS for the existing single detached dwelling on the retained land identified in Consent Application B 2021-055, to have a lot area of 0.7ha rather than the required 0.9ha, on Lot 59 & 60, German Company Tract, 134 Woolwich St, 134 Woolwich St, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available www.kitchener.ca. Carried 4. Submission No.: B 2021-056, B 2021-057 & A 2021-119 Applicant: Kreutner Investments Inc Property Location: 300 Bridge Street East Legal Description: Part Lot 112, German Company Tract Appearances: In Support: P. Chauvin Contra: R. Menard K. Thibodeau P. Jarrett C. Owen C. Toushan A. Lytasz Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel having a width of 367m, a depth of 255m, and an area of 77,153sq.m. The retained employment lands identified as blue on the plan submitted with the application having a width of 413m, a depth of 640m, and an area of 206,000sq.m; and, to grant an easement over the retained lands in favour of the severed lands as outlined on the plan submitted with the application for the purpose of stormwater management. Permission is also requested to grant minor variances for the retained land to construct a commercial industrial building having a maximum building height of 14m rather than the permitted 10.5m. The Committee considered Development Services Department report DSD-2021-203 dated October 8, 2021, recommending approval of the subject applications as outlined in the Report. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 267 - CITY OF KITCHENER 4. Submission No.: B 2021-056, B 2021-057 & A 2021-119 (Contd) The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated October 14, 2021, advising they have no objection to applications B 2021-056, B 2021-057, 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 must submit a valid section 59 notice. 3. That prior to final approval, the owner/applicant file a Record of Site Condition for both the retained and severed lands. 4. That prior to final approval, a licensed Archaeologist prepares an Archaeological Assessment on the lands to be severed and a copy of the Ministry of Heritage, Sport, Tourism and Culture Industries Acknowledgement letter(s) and the Assessment Report must be provided to Regional Staff to the sat and Legislative Services Department. 5. That prior to final approval, recommendations from an accepted Archaeological Assessment report(s) will be secured through a development agreement with the City of Kitchener, or an alternative mechanism acceptable to the Region, as necessary. 6. That prior to final approval, a road widening along the entire property frontage on Bridge and the dedication must be free and clear of any encumbrances, to be in compliance with the designated road widths in the Regional Official Plan, to the satisfaction of Regional Staff. 7. That prior to final approval, Regional Staff accept the noise stud Assessment 300 Bridge Street East Kitchener Ontario 2021; and the owner/applicant enter into an agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Stationary Noise Study. The Committee also considered an updated report of the Region of Waterloo, Planning, Development and Legislative Services dated October 18, 2021, advising that a valid Section 59 Notice has been provided, and condition 2 is no longer requires. Also, Regional staff will no longer require a submission of an archaeological Assessment as per conditions 4 and 5. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated October 7, 2021 advising they have no concerns with applications A 2021-119. The Committee considered the report from the Grand River Conservation Authority, dated October 5, 2021, advising they have no concerns with applications B 2021-056, A 2021-119. P. Chauvin was in attendance in support of the application . The Committee heard delegations in opposition to the proposed development from R. Menard; K. Thibodeau; P. Jarrett; C. Owen; C. Toushan; and, A. Lytasz. The delegations expressed concerns regarding impact to the residential area, building height, stormwater management, unknown use of the severed portions, storage fuel tanks and environmental concerns, noise, light pollution, traffic, the setback from residential properties, parkland and green space, privacy, fumes, and access for emergency services. The applicant explained that a purchaser interested in the severed land was an established employer in Kitchener-Waterloo who intended to create a state-of-the-art facility on the subject lands. The applicant noted that the machinery requires additional building height, which would not be restricted under the new Zoning By-law. The applicant noted that the property had been designated as industrial employment lands for some time and that they intend to address the s concerns through the site plan process, including a noise wall and landscaping to mitigate noise, lighting considerations to limit glare, environmental remediation, and entering into an easement to extend the trail along the river. The applicant reviewed details regarding shifts and COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 268 - CITY OF KITCHENER 4. Submission No.: B 2021-056, B 2021-057 & A 2021-119 (Contd) shipping schedules and expressed that the proposed development would allow an established employer to remain in the community and grow. J. Meader left the meeting at this time. B. McColl noted that the property was as zone process regarding parkland funds, and that the use was in keeping with the other industrial properties on Bridge Street. S. Hannah suggested that the cross-section referenced by the applicant would have been beneficial in assessing the application. submitted to the Region of Waterloo as part of the site condition assessment regarding traffic, lighting, noise, environmental assessment. amended to include conditions 1, 3, 6, and 7 comments. Submission No. B 2021-056 Moved by B. McColl Seconded by S. Hannah That the application of KREUTNER INVESTMENTS INC requesting permission to sever a parcel having a width of 367m, a depth of 255m, and an area of 77,153sq.m., on Part Lot 112, German Company Tract, 300 Bridge Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $85,581.00. 4. That the owner shall enter into an agreement to be prepared by the City Solicitor which shall acknowledge that the severed lands are un-serviced and shall provide for the installation of services and service connections to the severed lands to be completed prior to any future development of the severed lands. The agreement shall further require the Owner to include a notice provision in all future Agreements of Purchase and Sale for the severed lands advising potential Purchaser(s) that the severed lands are un-serviced. The said agreement shall be to the satisfaction of the Director of Engineering and the City Solicitor and shall be registered on title to the severed lands. 5. That the owner shall submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 6. That the owner shall submit a valid Section 59 Notice to the Region of Waterloo. 7. That the owner shall file a Record of Site Condition for both the retained and severed lands. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 269 - CITY OF KITCHENER 4. Submission No.: B 2021-056, B 2021-057 & A 2021-119 (Contd) 8. That the owner shall have a licensed Archaeologist prepare an Archaeological Assessment on the lands to be severed and a copy of the Ministry of Heritage, Sport, Tourism and Culture Industries Acknowledgement letter(s) and the Assessment Report must be provided to Regional S Services Department. 9. That the owner shall ensure the recommendations from an accepted Archaeological Assessment report(s) will be secured through a development agreement with the City of Kitchener, or an alternative mechanism acceptable to the Region, as necessary. 10. That the owner shall complete a road widening along the entire property frontage on Bridge ost to the Region and the dedication must be free and clear of any encumbrances, to be in compliance with the designated road widths in the Regional Official Plan, to the satisfaction of Regional Staff. 11. That Regional Staff accept the noise study titl that the owner shall enter into an agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Stationary Noise Study. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 19, 2023. Carried Submission No. B 2021-057 Moved by B. McColl Seconded by S. Hannah That the application of KREUTNER INVESTMENTS INC requesting permission grant an easement over the retained lands in favour of the severed lands as outlined on the plan submitted with the application for the purpose of stormwater management, on Part Lot 112, German Company Tract, 300 Bridge Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify there are no . COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 270 - CITY OF KITCHENER 4. Submission No.: B 2021-056, B 2021-057 & A 2021-119 (Contd) 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel equal in the amount of $85,581.00. 4. That the owner shall enter into an agreement to be prepared by the City Solicitor which shall acknowledge that the severed lands are un-serviced and shall provide for the installation of services and service connections to the severed lands to be completed prior to any future development of the severed lands. The agreement shall further require the Owner to include a notice provision in all future Agreements of Purchase and Sale for the severed lands advising potential Purchaser(s) that the severed lands are un-serviced. The said agreement shall be to the satisfaction of the Director of Engineering and the City Solicitor and shall be registered on title to the severed lands. 5. That the owner shall submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 6. That the owner shall submit a valid Section 59 Notice to the Region of Waterloo. 7. That the owner shall file a Record of Site Condition for both the retained and severed lands. 8. That the owner shall have a licensed Archaeologist prepare an Archaeological Assessment on the lands to be severed and a copy of the Ministry of Heritage, Sport, Tourism and Culture Industries Acknowledgement letter(s) and the Assessment Report must be provided to Regional Staff to the satisfaction of the R Services Department. 9. That the owner shall ensure the recommendations from an accepted Archaeological Assessment report(s) will be secured through a development agreement with the City of Kitchener, or an alternative mechanism acceptable to the Region, as necessary. 10. That the owner shall complete a road widening along the entire property frontage on Bridge Street East be dedicated to the Region of Water dedication must be free and clear of any encumbrances, to be in compliance with the designated road widths in the Regional Official Plan, to the satisfaction of Regional Staff. 11. That Regional Staff accept tt 300 owner shall enter into an agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Stationary Noise Study. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Co-making process with respect to the subject application. For more information please review the meeting minutes, which are available at www.kitchener.ca. COMMITTEE OF ADJUSTMENT MINUTES October 19, 2021 - 271 - CITY OF KITCHENER 4. Submission No.: B 2021-056, B 2021-057 & A 2021-119 (Contd) Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being October 19, 2023. Carried Submission No. A 2021-119 Moved by B. McColl Seconded by S. Hannah That the application of KREUTNER INVESTMENTS INC requesting permission to construct a commercial industrial building on the retained land outlined in Consent Application B 2021-056 to have a maximum building height of 14m rather than the permitted 10.5m, on Part Lot 112, German Company Tract, 300 Bridge Street East, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information please review the meeting minutes, which are available on the www.kitchener.ca. Carried ADJOURNMENT On motion, the meeting adjourned at 1:00 p.m. Dated at the City of Kitchener this 19th day of October, 2021. Sarah Goldrup Acting Secretary-Treasurer Committee of Adjustment